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HomeMy WebLinkAboutProperty_Easement_11/07/1997 , _ � : PRE�AR�D BY � RE,TURN 'I+p: '� . - . -Cl•�y C. P,�ooker, FSt�t�i re . Jories Foster John�ton & �t�� , PA �` n ,� s;: �\• P_ o_ BoX ��7� _�_:s-3�:�-�99? ��.-��a� �'7—�-���-�3 � V [�es�t Palm Bea�h, �L 3�4(�2_3475 '? � t��� �. �� �� �9 �.._. � .�l�Ri ��� �I0 � ��r� �C�. �� Gac , 7� � AMENDMENT TO EA EMENT DEED THIS AMENDMENT TO EASEMENT DEED, made this � day of -'� �=� : p�.�;-�.s�� , 1997, between HANDELSGESELLSCHAFT SCHARFE MBH & CO., its successors and assigns, herein called the "Grantor", and the VILLAGE OF '�F.(ITTF.C'�'t�,, a�i»lv in�.nrr�nr�tP�1 F�.��'�d2 I?1nT'��.?.p^j. ��1?'I?nr2ti�n P,(l., RnX 377�, Tequesta, Florida, its successors and assigns, herein called the "Grantee" . � WHEREAS, on September 20, 1978, OTTO DiVOSTA and RUDY STEINHAUSER, JR. granted to the VILLAGE OF TEQUESTA an easement for utility and ingress/egress purposes, recorded in Official Record Book 2931, Page 1785, the Official Records of the Clerk of the Circuit Court of Palm Beach County, across real property lying in Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida. WHEREAS, in consideration of the sum of TEN DOL,LA�S ($lU.OU) and tne covenants described herein, Gr:antor and Grantee hereby agree and mutually consent to the amendment to the easement deed, according to the terms herein. c WHEREAS, Grantor i� seized in fee simple and in possession of lands lying in Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, by virtue 1 Amendment to Easement Deed between :.,, -: `� ,,_. �., . _ � Handelsgesellschaft Scharfe MBH & Co. and Village of Tequesta of a Warranty Deed to Grantor, recorded in Official Record Book 5032, Page 1615, the Official Records of the Clerk of the Circuit Court of Palm Beach County, dated October 7, 1986. WITNESSETH• That Grantor and Grantee, for and in consideration of the sum of TEN DOLLARS ($10.00) and the covenants described herein, agree and mutually consent to the amendment to the easement deed which granted a perpetual easement over, across, under and through the West 30' of Grantor's property as described in the above-referenced Warranty Deed. Said easement will retain its original dimensions, more particularly described as follows: The West 30' of the North 140' of the following described parcel of land: A parcel of land in Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, more particularly desc�ibed 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 Southeast corner of the Southwest Quarter of the sabd Section; thence Northerly at right angles to saia aoutn iine or ae�tian 3�, a diszance c,i 3vi;` �o a poinr, 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 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 beginning. 2 Amendment to Easement Deed between �,��, y �� �: n �:;, � . �. � �. �- �� � _ Handelsgesellschaft Scharfe MBH & Co. ~ ' and Village of Tequesta Grantor covenants that the abc�ve-described property is not homestead property. Said easement is for the following sole PURPOSES: 1. Over the entire thirty (30) foot width of said easement, for the purpose of construction, operation and maintenance of water transmission facilities, including valves and appurtenances; provided, however, that no iacility shali be installed above the finished grade. It shall be lawful for Grantee 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 condition it existed prior to any such construction, repair or maintenance. 2. Over the entire thirty (30) foot width of said easement, for the purpose of ingress and egress for vehicular traffic, to the area generally known as Well Field No. 1. Grantor shall not place any obstructions on the property so as to prevent Grantee's rights of ingress and egress as so pro��ided herein. Grantor shall not park, cause to be parked or allow to be parked any vehicles on the entire 30' width of said easement. The easement for ingress and egress granted herein shall not be exclusive. 3 4 • Amendment to Easement Deed between - � ��- � �•- –� « . .� � — Handelsgesellschaft Scharfe MBH & Co. � _ �`4 �, . `� `�, ��:._. .!�.,'•;_ �_����, ��� ��u��T�9 �� and Village of Tequesta IN WITNESS WHERE�F, Grantor has hereunto set its hand and seal the day and year first above written. Hand�lsgesellschaft Scharfe mbH & Co. �'� y :,,,,� J., . y ,�:—.�. B • Thomas Scharfe Authorized Agent of Grantor, Handelsgesellschaft Scharfe mbH & Co. Si�ned, sea.led an� deliver�;d in the presence of: r ,.. , ,Y� � � (, � , �` �'• t �:� l.� r �' Print Name:� � ~ �'� _h� � -° _ . .� � � "�_ y.� Print Name: �` � ._ � �� 1. 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 acknowledgments, personally appeared THOMAS SCHARFE, Authorized Agent for HANDELSGESELLSCHAFT SCHARFE MBH & CO. , the person described in and who executed the foregoing instrugnent and he acknowledged before me that he executed the same. -�,�,%;'r_';.,;� .c� rr?,� ha:�d a^�? e•`fic:al se«i ir. t�e: ��.�r�ty u:�� .Grat a t u�:�°s�: � i,� __ �_ oF P t. � � ��•'� _ -���� ��:: �. _:. `. t �"_ � , 1997. r '1 r M Commission CC67993:, ~, , r . ��. James A Cioffi ^� � � �, ..�.; ` �": ., . �._. . '.. n � r y - .. _ � ` �M�°' Expires September 2E, 2�G ; No tary Au b lic, S ta te o f F lori da a t �.3T'� �� (NOTARIAL SEAL) ` My Commission Expires: �> ' � �;�� �r ,d� :-� ,-> / a ccb\13153-10\easement 4