HomeMy WebLinkAboutSIDEWALK EASEMENT AGREEMENT31201300337i3 RECORDED IN Tiff, RrX.'ORDS OF JEI'FZEN'R.SiNlITH.CLERK Ofi'('I"ii('U IT COUM' IN DIAN RIVER CC? FI,
BK. 2671 PG: 2411, 5/28/2013 4.36 PINT
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
James C. Rowe, Esquire
James C. Rowe, P.A.
147 2r4 Avenue South - Suite 400
St. Petersburg, FL 33701
THIS SIDEWALK EASEMENT AGREEMENT (the "Agreement!) is entered into thit
day of May, 2013, by 612 SEBASTIAN NNN, LLC, a Florida limited liability company,
hereinafter referred to as "Grantor" in favor of the CITY OF SEBASTIAN, hereinafter referred 4
2S "Grantee" and is made in reference to the following recitals and facts:
A. Grantor is the owner of that certain real property located in Indian River County,
Florida, being more particularly described as follows:
Lot 4 of the 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 (hereinafterProperty").
B. Grantor desires to create non-exclusive, perpetual easements for the location and
below -
NOW, THEREFORE, in consideration of the promises contained herein and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed
follows:
1 . Recitals. The statements contained in the recitals of facts set forth above a
true and correct and the recitals by this reference are made a part of this Agreement
2. Exhibits. The Exhibit attached to this Agreement is by this reference made
part hereof. Any sketch included in the Exhibit is for information purposes only and is intend
to depict the legal description pertaining to the easement granted herein.
3. Grant of Easement, Grantor does hereby grant to the Grantee a perpetu
non-exclusive easement for purposes of maintaining and using a sidewalk as present
constructed thereon for pedestrian foot traffic and other customary uses thereof to be locat
within that portion of the Property more fully described and set forth on Exhibit "A' attach
hereto (the "Sidewalk Easement').
4Covenant Runninq With the Land. It is expressly understood and agreed th
the terms, covenants and conditions of the easements shall be covenants runnin withthelan
which shall burden the Sidewalk Easement.
5. Use of Easements. By its acceptance of the easement hereto, Grantee agre
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A TRUE COPY
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RK, 2671 PG: 2412
6Modification. There are no other agreements, promises or undertakings
between the parties except as specifically set forth herein, no alterations, changes, modifications
*r amendments shall be made to this Agreement except in writing, to be recorded in the public
records of Indian River County, Florida.
7. GoveminqIaw. 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. ' Headinos. Headings are for convenience of reference only and shall not affect
the interpretation or construction of this Agreement,
IN WITNESS WHEREOF, the Grantor has executed this Sidewalk Easement Agreement
on the day and year first above written.
'Witnesses"
4;rent Name: zmt Aga—c— a—
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The foregoing instrument was acknowledged before me this �Lflday of May, 2013, by
�OtLi-kkvk C, LLOVD, as WkA104t40C. )(AtACUK of 512 Sebastian NNN, LLC, who is p�-rsonally
known to me or who has produced as identification.
My Commission Expires:
.. .. .. ... .. ..................
OxnMiSsion # EE 204682
Expires My 13, 2016 2
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BK: 2671 PG: 2413
IN WITNESS WHEREOF, the Grantee has executed and accepted this Sidewalk
Easement Agreement as of the day and year first above written.
ATTE
Sally A. MMC — City Clerk
Iij I pil; !�l
51-V757
r�liance by the City of Sebastian,
•._ A. GinsburLqq— Citly �Alktt rnev
The foregoing instrument was acknowledged before me this&14ay of May, 2013, by
Al Minner and . Sally Maio,, as City Manager and City Clerk, respectively, of the City of
Sebastian, on behalf of such city, who are personally known to me.
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RK: 2671 PG: '1414
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