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A G R E E M E N T
THIS AGREEMENT made and entered into by alnd between
KIMCO FT. PIERCE, INC., a Florida corporation, hereinafter refer-
red to as "Kimco," and WILLIAM D, CARLTON, hereinafter referred to
as "Carlton":
WHEREAS, Kimco is the owner of certain shopping center
property located in St. Lucie County, Florida, and legally des-
cribed in Exhibit "A" attached ar~d made a part hereof; and
WHEREAS, Carlton is the owner of a parcel o~ property
which h e just purchased from Kimco and which is contiguous on 3
sides to ~aid shopping center in St. Lucie County, Florida, and
legally described as:
Commencing at the Intersection of the West Right-of-Way line of ~
South 4th Street (U.S. Highway No. 1) and the South line of the
SE 1/4 of the SW 1/4 of Section 15, Townsh ip 35 South, Range 40
East, in the City of Fort Pierce, St. Lucie County, Florida, run
North 0°03'34" East, along the West line of South 4th Street,
1072.46_feet to the Point of Beginning of the lands herein des-
cribed. From said Point of Beginning, run North 0°03'34" East
along the West Right-of-Way line of South 4th Street, 150 feet; `
thence run North 89°42'26" West 175 feet; thence run South 0°03'34"
West ~50 feet; thence run South 89°42'26" East 175 feet to the
Point of Beginning;
and
WHEREAS, the parties desire to give to each oth er
reciprocal easements permitting vehicular and pedestrian traffic
to use both parties to pass from one property to another; and
WHEREAS, Carlton desires that Kimco allow storm and
surface drainage from his property to pass on to Kimco's property
which is contiguous to the north and west of his property, and
Kimco is willing to abide by Carlton's desire; and
WHEREAS, Carlton desires that Kimco not sell, rent,
occupy, suffer, or permit to be occupied on any portion of its
;
property a fast-food restaurant, similar to a Burger King or a
McDonald operation, and Kimco is willing to abide by Carlton's
desire.
N4W, THEREFORE, in consideration of the mutual cove-
nants hereinafter contained, the parties hereto agree as follows:
RUDW, BARNETT. MCGLOSKY, SCHU$TER a SGHMERER, ATtORNEYB AT LAW, pp0 N. E. 26TH AVENUE. FORT. LAUDERDALE. FLORIDA
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