HomeMy WebLinkAboutDECLARATION OF ACCESS EASEMENT AGREEMENT3120130033752 RECORDED IN THE 111,"CORDS OF JEFFREY It. SMI-MCLERK OF d—K'CUIT COURTINDIAN RIvER CO FL
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THIS INSTRUMENT PREPARED BY
AND RETURN TO:
James C. Rowe, Esquire
James C. Rowe, P.A.
147 2'd Avenue South - Suite 400
St. Petersburg, FL 33701
DECLARATION OF ACCESS EASEMENT AGREEMENT
THIS DECLARATION OF ACCESS EASEMENT AGRIA,'MENT (tire "Agreement") is entered
into this _Zt/1' day of May, 2013, by 512 SEBASTIAN NNN, LLC, a Florida limited liability company,
hereinafter referred to as "Declarant" and is made in relbrence to the following recitals and facts.
A. Declarant is the owner of that certain real property located in Indian River County,
Florida, being more particularly, described as follows:
Lot 4 of Sebastian Crossings Commercial, as per plat recorded in Plat Book 22,
Pages 73 through 76, inclusive, of'the public records of Indian River County,
Florida (hereinafter "Property" ).
B. Declarant desires to amend and extend upon its Property the cross access casement
established by Plat Book 22, Pages 73 through 76, inclusive, of the public records of Indian River County,
Florida (hereinafter "Plat" )for the benefit for the Lots as identified in the Plat, subject to the terms and
conditions set forth below.
NOW, THEREFORE, in consideration of the promises contained herein and other valuable
consideration, the Declarant does hereby declare as follows:
I. Recitals. The statements contained in the recitals of facts set forth above are true and
correctand the recitals by this reference are made a part of this Agreement.
1 Exhibits. The Exhibit attached to this Agreement is by this reference made a part
hercol'. Any sketch included in any Exhibit attached hereto is for information purposes only and is
intended to depict the legal description pertaining to the casement granted herein.
3, Grant of Easement, Declarant does hereby declare and grant an easement for reasonable
access, ingress and egress over The paved driveway presently or hereafter constructed for such purpose to
be located within that portion of the Property more fully described and set forth on Exhibit "A" attached
hereto (the "Cross Access Easement"). The Cross Access Easement shall be nonexclusive, and shall be
to provide for the passage of motor vehicles and pedestrians between such Lots as identified and set forth
in the Plat among and contiguous to the dedicated cross access casement shown on the Plat,
4. Covenant Running, With the Land. It is expressly understood and agreed that the terms,
covenants and conditions of the easement shall be covenants running with the land, which shall burden
the Cross Access Easement.
A TRUt',', COPY
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5. Use of Easements. The use of the Cross Access Easement shall be such that it does not
interfere with the Declarant*s use of the Property, and/or their successors, tenants and assign's use of the
Property, to the extent that such use is not inconsistent with the casement rights granted herein.
6. Modification. There are no other agreements, promises or undertakings by the
Declarant except as specifically set forth herein, no alterations, changes, modifications or antendincias
shall be made to this Agreement except in writing, to be recorded in the public records of Indian River
County, Florida.
7. Governing Law, This Agreement and all matters and issues collateral thereto shall be
governed by and construed in accordance with the laws of the State of Florida.
S. Severability, In the event that any term or provision of this Agreement becomes illegal
or unenforceable, the remaining terms and provisions shall nevertheless be valid, binding and subsisting.
9. Headings. Headings are for convenience of reference only and shall not affect the
interpretation or construction of this Agreement.
IN WITNESS WIrIEREOF, the Declarant has executed this Declaration of Access Easement
Agreement on the day and year first above written.
"Witnesses"
ame:
Print Name: e.
STATE OFFLORIDA
COUNTY OF PINELLAS
BEffivammum
512 SEBASTI AN N NN, LLC
By:_,_Ii M,�Op-r.(40G VWSAketgK
The foregoing instrument was acknowledged before me thisd-�T'dlay of May, 2013, by
Wxj., hv�L c- w-oya , as t4.ww.Ai6 *Um6aK of 512 Sebastian NNN, LOC, who is personally known to me
or who has produced as identification.
T Y PUBLIe
My Commission Expires:
Convnissiion # EE 204682
Expires JWy 13,2016
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SOUMEASr CORNER OF LOT 4
AN rAsrmENr LyiNG WININ LOT 4 OF SEBAS77AN CROSWNGS COMMERCIAL AS PER PLAf
RECOWEV IN PLAT BOOK 22, PAGES 7J THROUGH 76, /Na USI W, OF ME PUBUC
RECORDS OF INDIAN RMR COUNTY, fLORWA, BEING MCRE PAR77CULARL Y DESCRIBED AS
FOLLOn-
COMMENCE AT WE SOUMEAST CORNER OF SAID LOT 4, THENCE RUN NGO*12'10'E,
ALONG ME CAST UNE OF SAID LOT 4, 109.46 FEET TO THE POINT OF BEGINMINQ
MENCE N8942'12'W, 62.50 FEEr; MENCE A10072700E, 40,00 FEET; THENCE S69*42'12T
TO A Pow av THr rAsr yNE OF SAO LOT 4; THENCE S0072'10'W, ALOVO SM 0 EAST
UNE CF L T 4, 40, 00 FEET 710 THE POIN T OF BEGINNING.
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