The URL can be used to link to this page

Home My WebLink AboutACCSSES EASEMENTJOSEPH E. SMITH, FELE # 4157203 CIRCUIT COURT — SAINT LUCIE COU PAGE 429, Recorded 02/04/2016 a CLERK OF THE OR BOOK 3834 i I I Name: River Ridge Center LLC Address: 931 SE Ocean Blvd. Suite A Stuart, FL 34994 This instrumental Prepared by: Palm Park Center LLC. 8569 South US Highway 1 Port St. Lucie, FL 34952 SCANNED BY St Lucie County NON-EXCLUSIVE ACCESS EASEMENT This Non -Exclusive Accelss Easement agreement ("Easement Agreement") is granted this Day of October, 2015 b River Ridge Center LLC. WITNESSETH: WHEREAS, Palm Park i enter LLC is the owner of certain property located in St. Lucie County, Florida, and WHEREAS, River Ridge iCenter is the owner of certain property located in St. Lucie County, Florida, more described on Exhibit A, "Easement Area" attached hereto and made apart hereof, and WHEREAS, the parties hereto are desirous of creating a non-exclusive access easement over, across and through the River Ridge Center LLC easement area. NOW, THEREFORE, in consideration of the premises, the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties intending to be legally bound, do hereby agree as follows: 1. Recitations. The iecitations set forth above are true and correct and are incorporated herein by this reference. 2. River Ridge Center LLC. Grant of Easement. River Ridge Center LLC hereby grants and conveys to Palm Park Center LLC and its successors and assigns, a perpetual, non-exclusive access easement upon the River Ridge Center LLC easement area for the purposes of providing ingress and egress to, from! and over the River Ridge Center LLC property and for providing purposes including, but not (limited to, ingress and egress of pedestrian and vehicular traffic, the construction, install! tion, and maintenance of roadways, upon and across the River Ridge Center LLC area. 3. Maintenance. Palm Park Center LLC shall maintain the roads, drives and paved surfaces located within the Palm Park easement area in good, safe, clean, neat and attractive condition commensurate with a high quality commercial development in the St. Lucie County area without the obligation of reimbursement to the other party. Provided however to the extent any party OR BOOK 3834 430 causes damage t damaged party fc the damaged par include damage f Park Center LLC a property clean an s.4. Obstructions. R. Center LLC "ease landscaping,'` divii overnmental ., au' Improvements replacement and) sheet=lightingsig the-River,Ridge CE the property of another, such party shall be obligated to reimburse the r the damage to the property and such party shall be obligated to reimburse ty for the damage caused to such easement area, which damage shall not om normal wear and tear. During any construction periods, owners of Palm A River Ridge Center LLC shall use their best efforts to keep their respective i free of debris. alm Park Center LLC shall no.t-constructvany-improvements on-the:River. Ridge gent area pother, than,`Woad_way--`pavemerit, and. adiacent--curbs, UIEr(ris, ars, medians, signage and other improvements required by applicable iorities in connection with the development of fheir n ctive property Such improvements may ineludOnstallation, maintenance,'operation;nrepair, it removal -of any-utilitydines; sanitary and storm sewer line, light poles and age and other similar -improvements cur_.rentl.,y'located in, onto -be -located -in, iter-LLC easement-area.-- 5. Bindina Effect.) The covenants contained in this easement are not personal but shall run with the land and sha'I be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, transferees, successors or assigns. 6. Captions. The captions and paragraph headings contained in this easement agreement are for reference and Iconvenience only and in no way define, describe, extend or limit the scope of intent of this ease,hient agreement, nor the intent of the provisions hereto. 7. Amendments..' Neither this easement agreement nor any provision hereof may be waived, modified, amended, discharged or terminated, except by an instrument in writing signed by both Palm Park Center LLC and River Ridge Center LLC or their respective successors. 8. Agreements. This easement agreement embodies and constitutes the entire understanding between Palm Park Center LLC and River Ridge Center LLC with respect to the easements contemplated herein and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this easement agreement. 9. Waiver. No Waiver of any of the provisions of this easement agreement shall be effective unless it is in writing signed by the party against whom it is asserted and any such waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a continuing or future waiver. 10. De au/t. Thel breach of covenant by any party is default by that party. No party shall be deemed to be in default under the easement unless and until the alleged defaulting party shall have received written notice of default and shall have failed to cure the default within twenty 20) days after the receipt of such notice. OR BOOK 3834 PAGE 431 x 11. Remedies, If a party fails to cure its default within the time period described herein after receiving notice Is required by Paragraph 10, the non -defaulting party shall have all rights and remedies available at law and / or in equity. Under no circumstances may these easements be terminated by any party without the prior written consent of the other, even if a party is in default hereunder. 12. Attorney's fees and costs. In connection with any litigation or arbitration arising out of this easement agreement, the prevailing party shall be entitled to recover all reasonable attorneys' fees and costs through all trial, appellate and post -judgement proceedings and arbitration proceedings. 13. Governing Law. This easement agreement shall be governed by and construed in accordance with the laws of the State of Florida. 14. Captions. The captions and paragraph headings contained in this easement agreement are for reference and convenience only and in no way define, describe, extend or limit the scope or intent of this easement agreement, nor the intent of the provisions hereto. 15. Counterparts. This easement agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same easement agreement. Facsimile transmission signatures shall be deemed to be original signatures. IN WITNESS WHEREOF, the parties have executed this easement agreement the day and year first above written 1 Signed, Sealed and De In the presence of: PRI T NAME fX i L PRINT NAME Signed, Sealed and Del In the presence of: 1 PRIINT NAME PRINT NAME D., ivered PALM PARK CENTER LLC. A 4 _& BY' ZV Nicholas Elliott, Manager Member ivered RIV E CENTER LLC B Paul A. Elliott, Manager Member OR BOOK 3834 PAGE 432 STATE OF FLORIDA) SS: COUNTY OF: ST LUCIE) I HEREBY CERTIFY ithat on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before be by Nicholas Elliott, the Managing Member of Palm Park Center LLC. a limited liability Company freely and voluntarily under authority duly vested in him by said corporation, and that the seal affixed thereto is the true corporate seal of said corporation. He/She is ersonah known to me or has produced as identification. r Witness my hand and official seal in the cXntynd State last aforesaid this J, day of October, 2015. T, I yp Public E MYCOMMISSIONi FF227053 EXPIRES•July29,2019. eaaedThmNouryPu6ficUndaMite s Typed, printed, or stamped name of Notary Public My Commission Expires: STATE OF FLORI SS: COUNTY OF: ST LUICIE) 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, the foregoing instrument was acknowledged before be by Paul A. Elliott, the Managing Member of River Ridge Center LLC. a limited liability Company freely and voluntarily under authority duly vested in him by said corporation, and that the seal affixed thereto is the true corporate seal of said corporation. He/She is personally known to me or has produced as identification. Witness my hand and official sea! in the county and tate last aforesaid this day of October, 2015. Notary Public,"' i- a, edM Thru Notry Pubk jMYCOMMISSON0FF7 EXPIRES: Ju29,2 o Typed, printed, or stamped name of Notary Public My Commission Expires: OR BOOK 3834 PAGE 433 ti . I - STEPHEN J BROWN, INC LICENSED BUSINESS NUMBER: 6 SURVEYORS 1 DESIGNERS • LANDPLANNERS • CONSULTANTS 619 EAST 5TH STREET; STUART, FLORIDA 34994 EMAIL: sjbinc®bellsouth.net PHONE: (772)-288• 0 FOOT WIDE ACCESS EASEMENT A tract of land lying in Lot 3, Block 3, "St. Lucie Gardens", Section 26, Township 36 South, Range 40 East, As Recorded in Plat Book 1, Page 35 , Public .Records of St. Lucie County, Florida, and being more particularly described as follows: Commencing at the intersection of Easterly Right —of —Way line of U.S. Highway No. 1, and the Westerly line of said Lot 3, Thence run North 00'01'49" East along the West line of said Lot 3 , for a distance of 214.07 feet to the point and place of beginning: Thence run North 00'01'49" East continuing along said West line a distance of 24.36 feet to the intersection of said West line and the North line of the South one half of lot 3; Thence run South 89'42'11" East along said North line a distance of 34.79 feet to a point; Thence rjun South 55'13'02" West a distance of 42.38 feet to the point and place of beginning. Containing: 423 SLF +/— NOTES: ALL BEARINGS ARE REFERENCED TO THE EASTERLY R/W JOB : 5913-01 LINE OF U.S. HIGHWAY NO. 1, CALCULATED AS N27-31'40"W. DRAWN BY: S.JT THIS LAND DESCRIPTION SHALL NOT BE VALID UNLESS IT CHECKED BY: S.. IS PROVIDED IN ZITS ENTIRETY, CONSISTING OF 2 SHEETS, DATE: 10 29 20 WITH SHEET 2 BEING THE SKETCH OF THE DESCRIPTION. SCALE: N/A SHEET: ONE OF STEPHEN J. BROWN, INC LICENSED BUSINESS NUMBER: 6484 SURVEYORS • DESIGNERS • LANDPLANNERS • CONSULTANTS 619 EAST 5TH STREET; STUART, FLORIDA 34994 EMAIL: sjbinc®bellsouth.net PHONE: (772)-288-7176 34.79' 24.36 I .1 POINT OF BEGINNING o o J alpW O rON, 9 A NI ILtL' J I POINT OF O z I S89*42 11 E 271.03 236 24' NORTH—L-INE SOUTH 1 /2—L-OT3 GRAPHIC SCALE 40 0 20 40 IN FEET ) 1 inch = 40 ft. NOT A BO Y.'r'. ;.`:'1'T.•'s.`::i+,-,ram c : U STEPHEN J. BROV RFf;14TRA LEGEND RIGHT —OF —WAY UNITED STATESFNUMBER ALSO KNOWN AS NUMBER FEET JOB : 5913-01-01 DRAWN BY: S.J.B. CHECKED BY: S.J.B. A Tr' . — /AA /^^- c FILE: bd O x w Co w Ob w