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Home My WebLink AboutProperty_Easement_09/20/1978 (3) JOHNSTON, SASSER & RANDOLPH ATTORNEYS ArSD COUNSE�ORS AT LAW 310 OKEECHOBEE BOU�EVAR� WEST PALM BEACN, FLORIDA 33402 HARRY ALLISON JOHNSTON P.O. BOX M OF CoUNSEI � MARRY A.JOHN570N IC HENRY F. LILIENTHAL DONALDJ.SASSER p y( � JOHN C.RANDOLPH November 1C7� 1777 (3Q5� 655 H. ADAMS WEAVER Mr. Robert Harp Village Manager Village of Tequesta P.O. Box 3273 Tequesta, Florida 33458 Re: Easement for Water Line DiVosta Property Dear Bob: Before transferring any property belonging to the Village of Tequesta and exchanging fpr property which we suppose to be the private property of Otto DiVosta and Rudy Steinhauser, it would be prudent to have a title chain run on the property to make sure that an easement was not granted to the Village of Tequesta or to anyone else for that matter, to the west 25 feet of DiVosta`s property. It may well be that even if there is not a recorded easement that the Village may have a prescriptive easement in that property by virtue of the fact that it has been using same over the years without objection from the fee simple property owner. I certainly do not want to create any problems with this matter, but neither do I want to give away property of the Village in exchange for a property right which we may already have. Further, it seems to me that if DiVosta wants us to actually deed the easterly 25 feet over to him that he should deed the westerly 25 feet over to us rather than merely give us an easement. Please advise if you have any questions in regard to this matter. Very truly yours, JOHNSTON, SASSER & RANUOLPH John�C�olph :.^w'�JW �r�• '1�a ` �. �, �. . JCR/des �� n �, �, � �� l�� ? �� 3 �'�'�' 7'' � �, ! t d .. ` u 4 ��,.,�� rFQuES�a �`�'� '� ��''~��. ,�� .,. �' .� ry, EASEM DELD • THI5 INDENTURE, made this day of , 1978, between OTTO DiVOSTA and RUDY STEINHAUSER, JR., their heirs and assigns, herein called the "Grantors", and the VILLAGE OF TEQUESTA, a duly incorporated Florida municipal corporation, P. O. Box 3273, Tequesta, Florida, its successors and assigns, herein called the "Grantee". WHEREAS, the Grantars are seized in fee simple and in possession of lands lying in Section 30, Township 40 Sot�th, Range 43 East, Palm Beach County, Fl.orida by virtue of a Warranty Deed to Grantors re- corded in Official Record Book 2355, Page 1127, the Official Records of the�Clerk of the Circuit Court of Palm Beach County, dated September 20, 1974. W I T N E S S E T H That the Grantors for and in consideration of the sum of TEN DOLLARS ($10.00�, to them in hancl paid by the said Grantee, together with all other covenants made by the Grantee, a perpetual easement over, across, under and through the West 25' of Grantors' property as described ir� the above-referenced Deed, more particularl.y described as follows: The West 25' of the North 140' of the following described parcel of 1.and: A parcel of land in Section 30, Township 40 South, Range 43 East, , Palm Beach County, Florida, more �articularly described as follows: For a point beginning commence at a point in the South line of 5ection 30, Township 40 5outh, Range 43 East, at a distance of 215.21' West of the Southeast corner o� the Sou.thwest Quarter of the said Section; thence Northerly at right angles to said South line of Section 30, a dis- tance of 300' to a point, said poi.nt being the point of beginninq, and the southeast corner of the tract of land herein described, thence continue northerly on the same course a distance o£ 313.76' to a point; thence westerly at right angles to the last described course a distance of 250'; thence southerly at right angles to the last described course a distance of 313.76'; thence easterly at right angles to the last described course a distance of 250' to the point of beginning. Grantors covenant that the above-described property is not homestead � property. ` For the following sole purpos�s: 1. For the purpose of c�>nstruction, operation and main- tenance of water transmission facilities., including valves and � appurtenance.s; provided, however, that no facilities shall be installed above finished grade. 2. For the purpose of ingress and egress for vehicular traffic, to the area generally known as Well Field No. 1, along the westerly 15' of the above-described property; further, Grantors shall not place any obstructions on the property so as to.prevent Grantee's rights of ingress and egress as so provided herein. Grantee may pave that portion of the easement deemed necessary by Grantee for the purposes described herein. This easemen� shall not restrict Grantors, their.successors and assigns, to pave the said easement with asphalt or other mutually acceptable material and cause cars to be parked on the easterly 10' of the above-described easement. It shall be lawful for the Gran�ee to have access to construct, operate, maintain and repair the said water transmission facilities as there-shall be occasion, but Grantee shall cause any damage to the surface of said easement to be restored to the conditian,it existed prior to any such construction, repair or maintenance. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: Otto DiVosta As to Otto DiVosta Rudy Steinhauser, Jr. As to Rudy Steinhauser, Jr. STATE OF FLORIDA COUNTX OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the 5tate aforesaid and in the Caunty aforesaid to take acknowledgments, personally appeared OTTO DiVOSTA, the person described in and who executed the foregoing instrument and he acknowledqed before me that he executed the same. � -2- ^ � . ' WITNESS my hand and official seal in the County and State last aforesaid this day of , 1978. Notary Public, State of Florida at Large (NOTARIAL SEAL) My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledqments, personally appeared RUDY STEINHAUSER, JR.; the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1978. Notary Public, State of Florida at Large (NOTARIAL SEAL) My Commission Expires: -3- __------w_. .__.._�,. _ _ ._ ... _._. _... . . - - ---__ . _._ _ _ _. _. 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QUITCLAIM DEED / � . � Grantor, the VILLAGE OF TEQUESTA, a inunicipal corporation ' in the County of Palm Beach arid State of Florida, for and in con- � sideration of the sum of TEN DOLLARS ($10.00) in hand pa�d, conveys . and quitclaims to OTTO DiVOSTA and RUDY�STE�NHALI5ER, JR., Grantees, I . � • I � , the.following described real property: � The East 25' of the North 140' of the , �ollowing described parcel of Zand� A •� parcel of land in Section 3�, Township �" 40 South, Range 43 East, Palm Beach �,�-� �^,� ��' �� County, Florida, more particularly . �° ,� �,,; described as follows : - ,�t` '� o ,;, � �`, f .� u,.. ; °; �'� ,. ,,� For a point beginning commence at a ;��'� point in.the South line of Section 30, ��'� �°- Township 40 South, Range 43 East, at a� ,�� '�� . distance of 215.21' West of the Southea' �� .� corner of the Southwest Quarter of the ",~ �;� /. �.- ,�,� said Section; thence Northerly at right �:,, ;.��, angles to said South line of 5ection 30, a dis�ance of 300' to a point said point � ' beinc� the point of beginning, and the southeast cozner at the tract of lancl: herea.z� described, thence continue nartherl.y , on the same course a distance af 313.76' ' to a poin�; �hence westexly at right angl.es� .�, to the last described course a distance o� 250'; thence southerly at right angles to the last described course a distance o� : 313.76';.thence easterly at right angles to the last described course a distance of � 250' to the point o� beginnix�g A , reserving, any easements w' n or now has or miqht .� have ove pon the said premises for pu ic u' s..- . This Deed is given pursuant to and by authority of a �ertain resolution duly offered and passed at a regu].ar mee�irtg a�: ' , the Vi11ag� Council of the VILLAGE OF TEQUESTA on the lOth day of Januar�, 1978, a certif�ed copy of such resolution being att�ched , hereto and made a part of this Deed. - IN WITN�5S WHEREOF, the VILLAGE OF TEQUESTA has caused ' its name to be signed hereto and its corporate seal to be affixed hereto by Howard F. IIrown and Cyrese Colbert, Mayor and Village Clerk, respectively> VILLAGE OF TEQUESTA ' A municipal corporation . • .� By " Attest o ' HOWARD F. BROt�Ti�T � Mayor � CYRESE COLBERT � Village Clerl� . - � EASEMENT DEED THIS INDENTURE, made this day of , 1978, between OTTO DiVOSTA and RUDY STEINHAUSER, J�., their heirs and assigns, herein called the "Grantors", and the VILLAGE OF � TEQUEST�, a duly incorporated Florida municipal corporation, P.O. Box 3273, Tequesta, F�orida, its successors and assigns, herein call�d the "G�antee". WHEREAS, the Grantors are seized in fee simpl� and in posses- sion o£ lands lying in Section 30, Township 40 South, Range 43 � East, Palm Beach County, Florida by virtue of a Warranty Deed to � Grantors recorded in O£ficial Record Book 2355, Page 3.127, the Official Records of the Clerk of the Circuit Court o� Palm Beach County, dated September 2Q, 1974�. � W I T N E S S E T He That the Grantars for and in consideration of the sum ai TE1� DOLLARS �$lo.QO�_, to them in hand paid by the said Grantee, - together with al1 other covenants made by the Grantee a�erpetual easement over, across, under and through the West 25' o� Grantor'� property as descXibed in the above-referenced Deed, more pa�ticti- larly described as �ollows: � The � West 25' of the North 140 ` of th.e �, °�„ �ollowing described parcel of land: A ,� ��;,-a�� par�el of land in Section 30, Township 4Q ,,..��, . South, Range 43 East, Palm Beach County, � i '`�' . Florida, more particular].y descril�ed as - �'� � � •� � '� �ollows . _. , � � � �� :; � r; .' �'' � -� � � For a point beginning commence at a �'� �:�� ' . �``�';° point in the South line of Section 30, � �r' � �• �;' C^ pC, /; Township 40 South, Range 43 East, at a . a' ; � distance of 215. 21' West of the Southeast �`�� '` `�'`� ''' � i' � �"' °�� corner of the Southwest Quarter of the °� ;� �� y ; `:� '''' said Section; thence Northerly a� right -_°��` �, angles to said South line o�' Section 30, a�distance of 300' to a point, said point being the point af beginning, and the southeast corner of the tract o€ land hezein described, thence continue norther].y on the same course a distance ot 3].3.7G' to a point; thence westerly at right angles to the last described course a distance of . 250'; thence so��therly at right angles to r the last described course a distance of 313.76"; thence easterly at right angles to the last described course a distance �� 250' to the point of beginning. BURNS b WEBER,.LAWYERS,326 TMIRD STREET� WEST PALM BEACM, FI.ORIDA •(3053 833-7596 '� � .,..,. . . . Grantors covenant that the above-described property is not homestead property. . For the sole purposes of construction and maintenance of water transmis�ion lines, including valves; provided, however, that no improvement can be made above finished grade and any valves must be flush ta the groun�. It is �urther provided that this Easement sha11 not restrict Grantors, their successors, and assigns� to pave the said property with asphalt and cause cars to be parked thereon. � It shal� be lawful for the Grantee to hav� access to maintain and repair said way as there shall be occasian, but Grantee shall cause any damage to the surface of said property to be restored to the condition it existed prior to any such repair or maintenance. TN WITNESS WHERE4F, the Grantors have.hereunto set their hands and seals the day and year £irst above writteri� Signed, sealed and delivered in the presence of: � � Otto DiVosta o E�'� �� ,�� , As to. Otto DiVosta f '�� r,.�`;�' �'� ,��, �, �; �..� � ^�, �,,„� �, �. � Rudy Steinhauser r . {� � ° '. ,.,,� ," �.�- ; ; ' �.� - �#—: 1 � <^ � ..'�:% E,�.%" �,,,`'r,, . . � "" g x = ,J �' c '� ;�;� w k'x.. � w ,...., i A , ` , k y' F As to Rudy Steinhauser, Jr. '�� '��` �:";� fi�� '� \ t- � . . Y ` , , ,� 1 `j „+ - ; �J� \ � �a ' ,', , n `;.);. ,...., STATE OF FLORIDA • `�:" : ;' ; . S " � ' � �:._, . C OUNTY OF PALM BEACH _,� _"�T•`° �-.� •_" y, S HEREBY CERTIFY that an this day, before me, an.offic�r duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personal'ly appeared OTTO DiVOSTA, the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same WITNESS my hand and official seal in the County and State I.ast afaresaid this day of � , 1�78- . Notarg Public� State of k'lorida at Large (NOTARIAL SEAL) My comr.lission expires : -2- BURNS 6 W6BER, LAWYER5, 325 TMIRD STREET, WEST PALM BEACH, FLORIDA •(305) 833-7596 STATE OF FLORIDA � COUNTY OF PALM BEACH z H�REBY CERTIFY that on this day, before me, an officer duly autho�ized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared RUDY STEINHAUSER, JR., the pErson described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WTTNESS my hand and official seal in the County and Sta�e last a�oresaid this day o£ . Z978. Notary Public State of Flo�ida at Taarge (.NOTARIAL SEAL). My commission expires: ,.�. - �`,�_ :+ . �: .', - � ``�`,� � �'` �:� �; � � `y„�.. \� ' . y �� <:, �� ';� ]+ �,�� `.: `, ry .. . a _ "�,.f,'$. . a �v �I.�.T. � � � '6'N � � `' ` ��.. � . r , a ._�. �,,.� � /'^„„� Cj �".. N, , � l , �, ' [l� ��. ' m �r . ��..pq q, „_� / r 'On . � ; � •y y.,, ' �tjs, .'�i �. `� �� , � �'' °�,."'� 5 � `+'.x,"r, � l �;�� .. �.� 9URN5 6 WEBEW, LAWYERS� 325 THIRD 5?REET, WEST PA4M BEACM, FLOFtIDA •(3<35} A33�7599 G �I N aFFICE pF TNE VILL4GE MANAGER V11_LAGE ❑� TEqUESTA 35% TE4UESTA DR1VE �� "I"ECJLIESTA, FLQRIDA TELEPHQNE MA4LlN�i AOD42E59 , AREA COOE 305 Januar 7.1 1978 P• �• �oK aa�s 746-7457 y � TEQUE9TA, FLOFtIL7A 33458 Mr. 3ohn Ce Randolph Johnston, Sasser & Randolph PeO. Box M Wesfi Palm Beach, Florida 33402 Dear Skip: Re: Ease�tent from DiVosta and Steinhauser Enclosed is a copy of executed Resolution No. 2-77/78 " pertaining to the above referenced. Yours very trul.y, VILLAGE OF TEQUESTA Robert Harp Village Manager RH:jf Enc. i {�� i ... ' l � 1 RESOLUTION NO. 2-7']�' I A RESOLUTION flF THE VILLAGF OF TEQUESTA, � FLORIDA AUTI30RIZING THE TRANSFEP. OF � CERTAIN PROPERTY DESCRIBED HEREIDI BY � QUITCLAIM DEED FROM THE VILLPGE OF � TEQUESTA AS GRANTOR, TO OTTO DIVOST�1 , � AND RUDY STEI�3HAUSER AS GP.ANTEES, IN DIRECT EXCHANGE FOR THE RECEIPT FROM { � OTTO DIVOSTA AND RUDY STEINHAUSER AS � j GRANTORS, OF A PERPETUAL EASEI�ZENT TO � � THE VILLAGE OF TEQUESTA, AS GRANTEE OF � CERTAIN PROPERTY DESCRIBED HEREIN� AND FURTHER AUTHORIZING THE EXECUTION OF � SAME BY TIiE MAYOR AND VILL.AGE CLERK. � BE TT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF � TEQUESTA, PALM BEACH COUNTY, F`LORIDA, AS FOLLOWS: The Village Council hereby authorizes the granting of �a Quitclaim Deed from the Village of Tequesta, Florida as grantor, I �to Otto DiVosta and Rudy Steinhauser as grantees, the following 'described property: 1 , � ! The East 25 of the North 140 of the ! following described parceT of land: A � parcel of land in Section 30, Township 40 South, Range 43 East, Palm Beach � County, Florida, more particularly described as follows: � For a point beginning commence at a - ! point in the South line of Section 30, � Township 40 South, Range 43 East, at a � distance of 215.21' West of the 5ou�heast I corner of the Southcvest Quarter of the � said Section; thence Northerlg at right � angles to said South line of Section 30, � a distance of 300' to a point, said point � being the point of beginning and the southeast corner of the tract of land � herein described, thence continue northerly � on the same course a distance of 313.76` � to a point; thence westerly at right angles I to the last describec course a distance of � 250'; thence southerly at right angles to the last described course a distance of � 313.76'; thence easterly at right angles to the last described course a distance of � 250° to the point of beginning. I � The foregoing transfer a.s subject to the receipt by � I the �Til? age of Tequesta as grantee, of a perpetual. easem�nt �rc�m ( i Ot��o DiVosta and Ru� Steinhauser as rantors, relatin� to the � � Y g � ( � fo7_lowing described propert�r: �! i � TYie West 25' of the Nortri 140' o.f the � � follo��ing described parcel of lanc�: A � parcel o� land in S�ctian 30, To�anship 40 I South, Range 43 East, Palm �each County, ' Flarida, more particularly described as � ; fo 11a�v�s : � ' � f f (� � � � �� 4 �I i �I i . f; I . . � t ,� � For a point beginning commence at a � point in the South line of Section 30. Township 40 South, Range 43 Fast, at a � distance of 215.21' West of the Southeast � corner of the Southwest Quarter of the said Section; thence Northerly at right E angles to said Sauth la.ne of Section 30, E a distance of 300' to a point, said po.int being the point of beginning, and the y southeast corner of the tract of land 1 herein described, thence continue northerly on the same course a distance of 313.76� , to a point; thence westerly at right angles I to the last described course a distance of � 250'; thence southerly at right angles to the last described course a distance of 313.76`; thence easterly at right angles � to the last described course a distance of � 25Q' to the point of beginning. I � ' � The Village Council further authorizes the execution of + the Quitclaim Deed, subject to the above, by the Ma�or and by the Village Clerk. The foregoing Resolution was offered by Council member f � I Stephen R. Hu�gins , raho moved its adoption. The motion was seconded by Council member T,1T, HarveV Mapes , and upon being put to a vote, the vote was as follows: FOP. ADOPTION AGAINST ADOPTION Howa�rd F . Brown � StP�}�n R. H�� g;,A� � ! ! �T. Harvey l��apes � � ; James H. Ryan � -- E ; Joseph D. Yoder I I � The Mayor thereupon declared the Resolut7�n du_ly passed � �and adopted this �0 day of J2tnuary , A.D. 1978. i � f Mayor of Tequesta ' �, � � , i �-� .�%�,:� ��i _ ,-�, �� -'• .r�t; r-..-�'' i T- . - . � I ATTEST: � � , % , I ,.�.-`,-- I � illage Cler_k I ` � i i I I �i