Utility Easement for Mr. E. Motro 10-22-96 v •
• CITY OF /14/
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1200 SANDPIPER LANE
ATLANTIC BEACH,FLORIDA 32233-4381
\ TELEPHONE(904)247-5834
FAX(904)247-5843
December 30, 1996
Mr. James M. Lucas, P.E.
J. Lucas & Associates
10475 Fortune Parkway
Jacksonville, FL 32256
Re: Grant of Easement, Mr. E. Motro
Utility Access for Water Main and Fire Hydrant
1079 Atlantic Boulevard
Dear Mr. Lucas:
We have reviewed the Grant of Easement dated October 22, 1996, for a Utility Easement from Mr.
E. Motro, and have the following comments:
1. As indicated in a letter of review by Mr. Alan C. Jensen, City Attorney, dated December 20,
1996, (attached), there were four(4) points to address:
a. Since the easement indicates the property is owned jointly with your wife,your wife
needs to sign the easement.
b. The easement should indicate that you and your wife are authorized to convey the
easement.
c. There needs to be two (2) witness signatures to each signature, and each witness'
name needs to be typed underneath their signature.
d. The notarization needs to eliminate any reference to a corporation, corporate seal
and the like.
2. In the second paragraph, sixth(6th) line, the easement is written to "...construct, maintain,
improve and/or repair wastewater pumping station....". This is incorrect, in that the utility
installed is a potable water main with fire hydrant, valves, meter and backflow preventer.
The phrase should read "...construct, maintain, improve and/or repair potable water main
and appurtenances...".
Mr. James M. Lucas, P.E.
1079 Atlantic Boulevard Easement
December 30, 1996...Page 2
Please revise the easement to conform to the above revisions, and obtain new signatures and the
easement can be placed on the consent agenda for the City Commission meeting of January 13,
1997. If you have any questions, please call my office at any time.
Sincerely,
Robert S. Kosoy, P.E.
Director of Public Works
Enclosures
cc: Jim Jacques,Assistant to the Public Works Director
Jim Jarboe, City Manager
vMaureen King, City Clerk
Alan C. Jensen, City Attorney
Harry McNally, Collection/Distribution Division Director
Mr. E. Motro, 1079 Atlantic Boulevard
~ JENSEN & HOULD
ATTORNEYS AT LAW
708 NORTH THIRD STREET
POST OFFICE BOX 50457
JACKSONVILLE BEACH. FLORIDA 32240-0457
Alan C.Jensen December 20, 1996 Telephone(904)246-2500
Stephen A.Hould Fax(904)246-9960
Mr. James G. Jacques
Assistant to Director of Public Works
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, FL 32233
RE: Grant of Easement
From Motro for Utility Easement
Dear Jim:
I have reviewed the proposed Grant of Easement from Mr. Motro. I believe some corrections
are necessary as follows:
1. The easement indicates that it is between Mr. Motro and his wife, but his wife
did not sign.
2. The easement does not reflect that Mr. Motro and his wife are the owners of the
property and authorized to convey the easement.
3. There needs to be two (2) witnesses to Mr. Motro's signature, and his wife's
signature if she is required to sign, and each witness' name needs to be typed underneath their
signature.
4. The notarization needs to eliminate any reference to a corporation, corporate seal,
and the like.
I think you can go ahead and have it placed on the consent agenda for the City Commission at
the January 13, 1997, meeting. If you need any assistance in drafting the easement, please let
me know and I will be glad to help.
Very truly yours,
ECEINET\
ALAN C. JENSEN D
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ACJ/sky . U L./
By.__
cc: James R. Jarboe, City Manager
Robert S. Kosoy, Director, Public Works
Maureen King, City Clerk
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Grant of Easement
Parcel No.
Project No.
Project Name
THIS INDENTURE, Made this 22nd day of October , A.D. 19 96 BETWEEN E• Motro
and his wife , an individual existing under the laws of the State of FT. , party
of the first part, and the CITY OF ATLANTIC BEACH, a municipal corporation in the County of Duval, State
of Florida, party of the second part, whose mailing address is 800 Seminole Road, Atlantic Beach, Florida
32233.
WITNESSETH: That the said party of the first part, for and in consideration of the sum of$ 1 .00
Dollars, to
it in hand paid by the said party of the second
part, the receipt whereof is hereby acknowledged
hereby granted, bargained, sold and conveyed to the
party of the second part, its successors and assigns forever, an unobstructed right of way and easement
with the right, privilege and authority to said party of the second part, its successors and assigns, to
construct, operate, maintain, improve and/or repair wastewater pumping station either or both, on, over,
through, across or under the following described land situate in Jacksonville, Duval County, Florida to wit:
10 foot easement located along the southern boundary
of a parcel of land as described in OR Book 3648-1143,
extending westward from the eastern property line 40'.
TOGETHER, with the right of said party of the second part, its successors and assigns, of ingress
and egress, to and over said above described premises, and for doing anything necessary or useful or
convenient or removing at any time any and all of said improvements upon, over, under or in said lands,
together also with the right and easements, privileges and appurtenances in and to said land which may be
required for the enjoyment of the rights herein granted.
IN WITNESS WHEREOF, the said party of the first part has caused thes-„f-sents to i- signed in
its name by its authorized officers and its seal affixed the day and year above wri .
i
Signed
A E. Metro
re a Printed Name
signed Sealed and Delivered in Our Presence
STATE OF Florida
COUNTY OF Duval
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County
aforesaid to take acknowledgments, personally appeared E. Motro and
and well known to me to be the owner and
respectively, of -a-. -corporation,
and that they severally acknowledged executing the foregoing instrument freely and voluntarily under
authority vested in them by said corporation, and that the seal affixed thereto is the true corporate seal of
said corporation. I
WITNESS my hand and official seal thisc.2. .:• •f �(tOb& , 19g1✓'
Notary Public in and for the ourt�Af id.
glik�tRPATRICIA
�M.MOORE
My commission expires: =•: ,; :•; MY COMMISSION N CC 465031
.��. EXPIRES:May 17,1999
'PF ..... Bonded'Mu Notary Public Underwriters
Accepted on behalf of the CITY OF ATLANTIC BEACH, FLORIDA
City Clerk Mayor