HomeMy WebLinkAboutProperty_Easement_06/07/1971 � ? I
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� -----.--,- SUBORD�NATION 0� ENCIIMBR.ANCE TO PROPERTY -•
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' BIGHT5 TO COUN'I'Y OF PALM BEACH, FIARIIaP, '
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KNOW ALL MEN BY TTHESE PRESENTS: That Whereas, it is proposed by the COUNTY OF
PALM BEACH to locate, construct, maintain, and/or improve a portion of
SEA BROOK Road in Palm Beach County, Florida, in accordance with '
survey and glans on file,in the Office of the County Engineer; and
W��EAS, a portion of the lancls involved and necessary to said projects is
" aub ject to F.ASI�MENT , held by the undarsigned; and � � - - �• =••� - � ��
WF�tEAS, on behalE of the County of Palm Beach a requesfi has bean made for the
undersigned to subordinate said encumbrance to the property rights oE'the County of
Palm Beach in and ta the p�rtion of the premises hereina£ter described,
NO�d'rHFREFORE, WITNESSETH: That for and in consideration of the prpmises and �
One ($1.00} Dollar and other good and valuable considerations, paid, receipt of ,
Which is hereby acknowled�ed, the undersigned subordinates said encumbrance to the
property rights of the County of Paln Beach, Florida, to locate, construct, maintain
and/or improve said project over through, under and/or across the following de-
scribed lands, being a portioa of the anc.umbered premise� in Yalm Beach County,•
I�lorida, to-wit: � � <,. �
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Proper�y more particularly de5cribed . ,
in Schedule '�A�f attaah�d hereto and. . _ .
° • made a part hereo�. ' .
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insofar as sai.d premises are affected by the following described encumbzance noW
held by the undersigned: � •
Nature of �Recorded
$ncurabrance � Date ' From or A gainst In Favor of Book - Page .
Easement 6%?/71 Flor3.da Rea►Yty Sales, Village of Tequesta 1905 .- 123 ~�-�
Ince ,. '
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This subordination is not meant to affect the Village�s rights under �.ts easement
to install, maintain and service its water main. " : •' ��
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PROVIDED, ALWAYS, NEVERTI-3�LESS, and it is expressly understood and agr�ed �hat
this instrumen� subordinates said encumbrance insofar as same affects the ri�hts and
privileges of the County of Palm Beach in i.ts use o£ the land specifically above de-
scribed for highcaay purposes only, and tha� noth.ing herein contained shall in any
Way alter, affect, impair, mitii.mize or diminish the effect of said encumbrance or
the re�edies at law or in equity for reco��ering thereout, �r against the partias
cti,arged thereby, the full amount o� all sums secured by and/or due under the sar�e.
It is further understood atid agreed that in the event said above described premises
are �b�ndoned by the County and �ease to b� used for highway and maintenance pu�-
Poscs that in such event the sub�rdination of �aid encumbrance shall terminatc in �
nnd to such portion �bandoned anc: no longe� used as afaresaid, and tihe encumbrance
�ecom� of the samc statu� witti refPrer.ce to 9uch abandnned portion as if �he subor-
dit�ation nad r.evcr t�e:;�ti mad�. ,
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Subwcd3.aataon �� Enc�.mla�°�rac� C� �TOo ,
County °�"'"°"'
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IlJ WTTN�,S� WHEREOF° th� said halder of said encumbrance has du7..y executed
thi� iastruznerat thi� ._ -- day o.f � �---e- A. De 19 _.
Sigeied, seal.ed and delivered
:�n the presence ofo (2 Witnesses) �
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ST'AT� �F -_ _�__ _
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Befor.� me� th� under�i.gnec3 auth�rity, znis day personal.l.y �ppeared
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�o :ne well knotar� and known to me to be the inclividuals desc�ibecl in and who
execu e e orego�ng insts�zment as �,,- �--4--p�es�det�� and ��tary -
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respectivel,y, a� the Corporai;�,on name ln ne foregoing instrum�"`�en , and they
severally acke�owl�edged to and befare me that they executed said instrument on
behalf of and �fl t'r�e aame o� said corporaticr a.s � officers; tha�c the seal
aff3xed to said 1:ISL�'i].Ti12R� is t,'t�e co�norate seai of said cc�oration and that
i� was aff�ed tp�ereto by �e and r°�ar cor�orate authority; that the.y are
duJy authorized by saic� corporatior� to execu�e said instrvment �nd that said
instrument �� �he �re� a�t and deed af said corporatione
IN WIZ'NESS �F I Y�aTTe �ereur.to set my hand and af�ed m� off�.cial
�t;�L ��S �- CL��' dl� _ , . - � � 1'1e Le �� ^ ..
I�Iyy Commis�ion expix°es :
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.,._,.�.� -,F �a::�;. t. o a ic i��ar � oun y
arad State aforesaide
( �1o�ax°°3..a1 Sea�)
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SCIi BDULB nA" �
A paxceZ of land foz xoad xight.-of-way purposes in the Northeast
1j4 of Section 25, Toamship 40 South, Range 42 fiast, County of
F'a1m Beach, State of Floxida, and more par�icularly described a5
follows: •
All tha►t part of the following two parcels of land lyit�g wa.thi.n
the proposed right-of way o� Seabrook Road as shotaa on the right-
of-way map xecorded i.n Road P1at Book 5, pages 43 thru 44, Publ�.c
Records of said Caunty;
A. Southeast 1/4 of the Noactheast 1/4 of said
• Section 25.
B. That part of the Northeast 1/4 of the North-
• East 1/4 of sa3.d Section 25 lying 5outh of the
South line of Jupiter Cresta - Unit 2, as shown
• on the plat recorded in Plat Book 28, pa�e 10,
Pabli.c Recards af said County. '
Containing 2.6� acres +. '
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� THIS INDENTURE made this 7�h day of � ,
971, by and between FLORIDA REALTY 5ALES, INC., as Grantor
and VILLAGE OF TEQUESTA, FLORIDA, a Florida municipal corporatio
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„ as Grantee.
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W I T N E S S E T H:
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. That for and in consideration of the sum of TEN DOLLARS
^� ($10.00) and for other good and valuable considerations in hand
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� paid by� the Grantee to the Grantor, receipt of which is hereby
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acknowledged, and said Grantor he�ceby grants, bargains, sells,
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`\ conveys and warrants to the Grantee, its successors and assigns,
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,, forever, a right-of-way and easement, with the full right,
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privilege and authority to said Grantee, its successors and
assigns, to construct, lay, operate, maintain, repair and remove,
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�� their water main, and any and all other necessary auxiliary pipes
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�� ' under the following described land, situate, lying and being in
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� the County of Palm Beach, State of Florida, to-wit:
, �,
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�� � F �f-- � All that part of the following described 10.00 foot
'� �=.��' ` wide easement lying within the southeast 1/4 of the
`. , LiJw"' � ,
�,.� �;' � "�`�'� � Northeast 1/4 of Section 25, Township 40 5outh,
�'� � ��'� rtr Range 42 East, Palm Beach County, Florida
c, --�,
��! A 10.00 foot wide easement lying 5.00 feet each
� �0.M side of the following described centerline:
� � �_��._.
`O, f/ �, "' � Beginning at a point in the North line of
�3., f�� Ridgewood Homes as recorded in Plat Book 27,
"+� � Pa e 60 Public Records, Palm Beach Count
s ,_' ;�;;; �`��'�� w� � g ' Y '
'� "°' Florida, 15.00 feet West of the Northwest
,r �,� .; u',!. �,; e e {; o
��,,��UI�%.��y a, .. , ,
""�` Corner of Lot 60 of said Ridgewood Homes; run
0£ 5 Z 9( ��� thence Northerly in a st�aight line to a point
�1Nnc,� _., -._ -- �.. in the 5outherly line of Plat of Jupiter Cresta
,�{'� �i3��FJ JV��d �y,w� c� � Unit Two as recorded in Plat Book 28, Page 10,
`�� (:_��� - 4r � Public Records, Palm Beach County, Flarida,
'' ;�, "` %`�- '�� 15 . 00 feet west of the Southwest corner of
l � �� •�Y
. ��' �4�,�r. t `� Lot 88, Block 6 of said Plat of Jupiter Cresta,
.� � �«,:1,;,��;;:, together with 10.00 wide easement described as
• �� ' �%:'%��i;�w; � follows.
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��:I;,;`-"'=�''� From the intersection of the North line of
�'1-�'- � the Southeast 1/4 of the Northeast 1/4 of said
� �.Ic , ��:,� �
� lr�� ; Section 25 with the previously described ease-
�,. ;,����� iiii , rn�nt centerline; run thence Westerly along said
1) �'':!� ;��i���i��i�
s 1_ n s; l 0 �Fi�,���.�O�j PAGt �_�3 !
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`' North lin� o� th� 5�.; �./'4 0�'' i� �d�; 1% �� t.�. �.:i�; �:�
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ance of 5.00 feet t� the Point ot nec3ir:�.s�inc�
of the herein described easement; ther�ce ;
Westerly continuing along said North line of I
the 5E 1/4 of the NE 1/4 a distance of 55.00
feet to a point on a line para11e1 to and
60.00 feet westerly from the previously
described centerline of easement;� thence
Southerly along said parallel line a distance
of 10.00 feet to a point on a line parallel
and 10.00 feet Southerly from said North
line of the SE 1/4 of the NE 1/4; thence Easterly
along said parallel line a distance of 55.00
feet to a point on a line parallel and 5.00 feet
Westerly from said described centerline;
thence Northerly along said para11e1 line
a distance of 10.00 feet to t he Point of
Beginning, containing 0.316 Acres of Land
more or less and being subject to any and
all easements and/or Rights of Way of record.
The Gxantee herein and its successors and assigns, shall
have the right to do whatever may be required for the enjoyment
of the rights herein granted, including the right of cleyaring
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said right-of-�way and easement of timber, and of ingress and
egress to and from said tract of land, for the purpose of laying,
maintaining, repairing, removing, changing the size of, and
restoring of said water pipe lines, and for the removal of same
when desired by the Grantee, its successors and assigns, PROVIDED,
HOWEVER, that in the event the Grantee, its successors or assigns,
repairs, removes, changes the size of, or restores said water
pipe lines, it sha11 restore the premises to the condition exist-
ing prior to such maintenance, removal or repairs.
All water mains, water pipe lines and auxiliary pipe lines
shall be constructed beneath the surface of the premises, and no
such mains, water pipe lines, or auxiliary pipe lines shall be
constructed, operated, or maintained above the ground surface of
the premises.
As part of the consideration for this grant, the Grantor,
its heirs, personal representatives and assigns, shall have the
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REC,.R�i �
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I xic�ht to con.z�.ect wi�h the wat�r ivain c�� � as �:�raxa���, �.,l+cr G,.
Grantee shall furnish water to the Grantor, its heirs, r�pre�- �
i
sentatives and assigns, at the prevailing rates charged other
users �n the area.
The above recited consideration is received in all
satisfaction of eve�y right hereby granted.
IN WITNESS WHEREOF, the Grantor herein has hereunto set
its hand and seal the day and year first above written.
Signed, sealed and delivered
in the presence of: FLORIDA REALTY SALES, INC.
,
✓'t . / By :
President
Attest:
-� � , �
' Secreta�y .
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� ( CORPORA�'�J,�:;��.�7���) � . , � .
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CS'.> = C 1 ` : • "• ,
STATE OF FLORIDA } • 4� :;^�' ° �';= `�'
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COUNTY OF PALM BEACH ) � '°' "
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Before me personally appeared WTLLIANi E. SCHLUSEMEYER and
ADELE R. 5CHLUSEMEYER, President and Secretary, respectively,
of FLORIDA REALTY SALES, INC., to me known to be the persons who
executed the foregoing instrument and acknowledged before me that
they executed the same as President and 5ecreta�y of said cor-
poration for the purposes therein expressed.
WITNESS my hand and seal this 7th day of Jw2e , 1971
�
M Commission Ex ires: o a Public ,,,�.
NDTpRY PUBUC, STATE OF FLORIDA AT LARG� �,� J 0 f ,
MY COM:�tIS5�O1J E>':�IP�S JUr�aE {2, 19?� �:..,. ��� .
�ONDED THROU6H FRtD W. DIBiTlLHOR{T ( N O T A R Y S E A L) ;���i ���•,;'��•• '�, f,'.
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