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Home My WebLink About2021-04-06 REA RecordedNON-ENCLUSIVE CROSS ACCESS EASEMENT AGREEMJ_.NT THIS NON-EXCLUSIVE CROSS ACCESS EASEMENT AGREEMENT (this "Easement Agreement"), is made this day of 2021, by and between NORTH. KINGS HICHt�VA, LLC ,whose mailing address is �v�i(/oyi7%��i�sy; /�tA f/�l✓ti ^1111 .` L and JEFFREY FREEDMAN, ("Freedman"), whose mailing address is 15362 Stratheatn Dr, #12805, Delray Beach. Florida 33446; WITNESSETH WHEREAS, North Dings Highway LLC is the owner of that certain property located in St. Lucie County, Florida more particularly described ias Exhibit "A" attached hereto and made a part hereof (the "North Kings Highway Property'; and WHEREAS, Freedman is the owner of that certain property located in St. Lucie County, Florida more particularly described in E. 'bit !% , attached hereto and made a part hereof (the "Freedman Property'); and WHEREAS, the Freedman and North Kings Highway properties are adjacent to each other and Freedman and North Kings Highway desire to provide for cross ingress and egress to facilitate the movement of pedestrians and vehicles over and across appropriate. portions of the Freedman and the.North Kings Highway properties to .adjacent public and/or private road rights -of -way, WHEREAS, the parties hereto, are desirous ofcreating, non-exclusive easements which shall burden and benefit the "North Kings Highway Property" and shall burden and benefit the "Freedman Property"; NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt, adequacy, and, sufficiency of which are hereby acknowledged, the parties intending to be legally bound, do hereby, agree as follows. 1. ReeitatiM. The foregoing recitations are true and correct and are incorporated herein by this reference 2. Mutual Grant of Utility Easemen#. North Kings Highway does hereby grant and convey to Freedman, and his successors in title and in interest, a perpetual irrevocable non-exclusive easement for the benefit of and appurtenant to and running with the Freedman Property in, on, over, under, across and upon the North Dings Highway Property for the installation, use; maintenance and repair of utilities to and from the Freedman Property and the adjacent public right of way; and Freedman grants North Kings Highway the same non-exclusive casement rights. Whenever possible, a party taking advantage of such easement shall limit its use to area. s used, permitted or intended 0 -0 omOF 0 D— m•:?m oiw0M O 69 N m n .Z I �DwCr m N N ci m N A NA N X PJ(D o T N °9 m 03134737:vi-1/6/21 i �tt333►►►"' � L to be used for the same general purpose by the servient landowner. 3. aw_tual Grant of General Ingress, Earms, Pedestrian and Parkine Easement. Both parties do hereby further grant and convey to the other party, and their successors, assigns, guests and invitees, a. reciprocal, non=exclusive easement in, on, over, across and upon their respectivecommon areas intended for ingress, .egress, pedestrian and vehicular traffic and parking, for the same purposes by the other party. Notwithstanding the foregoing, neither party may use the other party's common areas towards its minimum development calculation$ for site plan approval requirements with St. Lucie County. 44 Redevelopment of General , F ,,asement Area. A. Notwithstanding Paragraph 2 above, it is the intent of the parties that the granting of the general easement get forth in Paragraph 3 above shall not in. any way restrict or impede the owner of all or any portion of the North Kings Highway Property or the Freedman Property, respectively,. from developing and/or redeveloping fi-om time to time their respective properties in such manner as the respective owner shall desire, provided., however, that such development or redevelopment 'Shall continue to allow the other property owner's use of the common areas under the terms of the easement, as the same may be modified. and relocated. Either party may unilaterally record a supplemental addendum to this Easement Agreement which reflects its development or redevelopment plans, to clarify in the Public Record the location of such areas. B. Each party, their successors ininterest and in title, assigns, guests and invitees shall exercise their respective rights with respect to the Easement Agreement in a manner reasonably designed, in good faith, to avoid and prevent interference with the ownership and operation of, the North Kings Highway and Freedman properties, and the. operation and tenancies of *all occupants thereof. 5. A murtenant Easements: The North Kings Highway Property and the Freedman Property are adjacent and contiguous to each other and therefore the easements granted hereby are for the benefit of the North Kings Highway.Retail Property and the Freedman Property and, as such, are appurte�t easements. The :covenants contained in this Easement Agreement are not personal to the current owners, but shall ruii with the land and shall. be binding upon and inure to the benefit of the parties hereto and their respective, heirs, personal representatives, transferees, successors or assigns. 6. Financial Resp o4sibilky. Freedman. for himself and his successors in interest and in title, further acknowledges thatinthe event that the owners, of the Freedman Property is required by St. Lucie County to satisfy additional conditions or make additional improvements as part of and relating, to the development Of the Freedman 'Property, and. said conditions or improvements )rovements are imposed upon the owner r, of the Freedman Propertyj the owner of the Freedman Property Shall be responsible for the satisfaction of said conditions or for the cost and 2 03134737.0-1/6t2l 4(4 construction of said improvements. The owner of the Freedman Property agrees not to look to North. Kings Highway for contribution, either financial or otherwise for said conditions or improvements. The Owner of the FreedmanTroperty shall obtain approval and permission from North Kings Highway for access 4nd construction for additional improvements; if any and required to be made on the North Kings .Highway Property, which said approval and permission shall not be unreasonably withheld, mid the owner of the Freedman Property shall indemnify and hold North Kings Highway harmless from.any. claims, loss, and damage associated therewith, including any claims of lien from contractors; workmen; and material en. 7. Representations and V jLrant es. .Each party snakes the following presentations and warranties to the other party, A. Freedman represents and warrants that Freedman is the owner of the Freedman Property, .has full and complete authority to enter into this Easement Agreement and that upon the execution and .delivery and recording of this Easement. Agreement in the Public. Records of St Lucie County, Florida, the obligations of Freedman hereunder shall be valid and binding obligations upon Freedman and any successors -in -title to the Freedman Property or any portion thereof. B. North Kings Highway represents and warrants that North Kings Highway, LLC is the owner of the North. Kings Highway Property, has full and complete authority to enter into this Agreement and that upon the execution. and delivery and recording of this Agreement in the Public Records of St Lucie County, Florida, the obligations of North Kings Highway hereunder shall be valid. and binding obligations upon North, Kings Highway and any successors -in -title to the North Kings Highway Property or any portion thereof, &. Ageem;ent:. This Easement Agreement embodies and constitutes the entire understanding between North Kings Highway and Freedman •with respect to the easements contemplated herein, and all prior or contemporaneous agreements, understandings, representations, and statements regarding the easements,, oral or written, are merged into this Easement Agreement- 9. Amendmgnt. Except as explicitly provided .herein, this Easement Agreement may not. be modified, amended, or terminated without the prior written approval of the owners of the North Kings'Highway Property and -the Freedman Property. 10. Waiver. No waiver of any of the provisions of this Easement Agreement shall be effective unless it is in writing and 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. 11. Default. The breach of a covenant by any party is a default by that party. No party shall be deemed to be in default under this Easement Agreement 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. 3 03134737.v1-1/6/22 9� 12 Remedies. If a party fails to pure its default within. the time described herein, the non -defaulting party shall have all rights and remedies available at law and/or in equity,:except as expressly stated herein. 13, 1 Any notices requited or permitteti to be given under this Agreement shall bedelivered by hand, delivered by a nationally recognized overnight delivery service; prepaid., and addressed as described below. Notices shall be deemed effective only upon receipt or .refusal of delivery. Notices may also be provided by facsimile or e-mail, provided that any such notice shall, within. one (1 } business day fallowing the transmittal thereof, be confirmed by a written notice delivered by hand or nationally recognized overnight delivery service as provided, alcive. Notices shall be effective upon receipt or refusat to accept: receipt: Notices to Freedman: Jeffrey Freedman 15362'Stratheam. Dr. Aparttnent:12805 Delray Beach, Florida 33446 Email: ifreedman@jrtholdings.com Notices to North Kings Highway: 7s`ilid`(1 C A/ 3.3/ ` �- 14. Attorney's bees 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 - judgment proceedings and arbitration proceedings. 15. Governing Law. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 16.. Time is of the Essence. Tithe is of the essence in this Easement Agreement. 17, Captions. The captions and, .paragraph headings contained in this Easement Agreement are for reference and convenipipceor4,y d in no way dune, describe, extend, or limit `the scope or intent of this Easement, n. the intent of the provisions hereto.. 18. Counterparts. This Easement Agreement niay 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 4 03134737.v1-1/6/21 / / be deemed- to be original signatures. IN WITNESS WHEREOF, the parties have executed: this :Easement the day and year first above written. Signed, sealed, and delivered:: i.n the presence of. WITNESSES- r / :Print Name: Print Name: E 4&,t i7o STATE OF dh)*b .if ). COUNTY NORTH KINGS HIGHWAY, L.LC By- Print.Name: G/h'g;- o..' Its: 1`1�.v.� I HEREBY CERTIFY that on this:day, before me by means of [ physical presence or [ j online notarization, an officer duly authorized in the State aforesaid: and in the County aforesaid to take acknowledgments, the foregoing, instrument was acknowledged before me by ��h�o� G %si•�� i , as of North Kings Highway, LLC, who is Isersonally known to me or who has produced., as identification. WITNESS my nand and official seal in the County 20-2_L. tWE TAL GINTER 'P Notary Public - State of Florida ` Commission N HH 0 44520 of r1 My Comm. Expires Jul 27, 2024 Bonded through National Notary Assn. 03 i34737.v1-1/6/21 and State last aforesaid this ,O day of./,i, &OY NotarA r�L Typed, prinfEd, or stamped name of Notary Public My Commission Expires. 17M Signed, sealed, and delivered in the presence of: ESSES: PVnj me: V%-- Co( EF FREEDMAN Print Name: I HEREBY CERTIFY that on this day, before me by means of [ ] physical presence or [ ] online notarization an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by JEFFREY FREEDMAN, who is pers� 1 n2 .to me or who has produced as identification. ESS my hand and official seal in the County and State last aforesaid this ILL day of ,204. 461.414- r RANDEE LYNNE SPENCER g#. , MY COMMISSION # GG 272197 -Os EXPIRES: -November 12, 2022 FOF Fti°c Bonded Th Notaty Pubic Underwr tem 6 03134737.v1-1/6/21 Notary Public My Commission Expires: M (LEGAL, DESCRIPTION FOR NORTH KINGSHIGHWAY PROPERTY) I�a w, ofthe S u$wwt114oftheNwh ostIi4ofS ntXT . N. USou.ageA i�.1t.; 71 �} saf �� Saa. atf the f�lfastcdtt� " anuncn cing at a Ott Alc' }' 4*the s aewt offft, I ome sookuTst 114 airdw odh es: f r4 of sad Section B, ett�t� 1'�%Et 0010 '03 " ` along dw East Lot, of'the Su th st 1d4 i t f id d t:tsta 11708,55 foci to t POINT OF BE. I NI fs (f'.0, ): theroo nib south 8965V-ig' tst� paael -wit€t the V4 wcta r. fine" 7Ait.46 tee. d"wo rua 'Sant 0'Wi " 31,71 Stec; thwee mn Nottli 451100ff2� West. 20M fpcU thevzo rm orthi 7500002' Weg. =2 22 foot to the East st ,or-Wa r',S SHI TAT PARKWAY FE EM Fla IL 7131andtht end €r cTibed lime, USS AND MUMMY M `f`ity gaut€t ,65 (vv Indri s Read Right -of -Way and the Emm10 fcct for DcLttmAvw= i torrnctt "fOGTHM Wi r1i aanat UMECT TO aNra cl iv t-As t nt fear WWW Duund lWet don over Una wwwom.rohmin mud pro1m A pace; tymgin the . t V4 ofthc No.O%tst L4 of See;6ml 13.'to%t ltafa 34 South, VAMMMUC-ing US PKaiRt f O.. being tk Soutltx coma cti t1 a s4admcm 114 mi the NuAhW= 04 of said Utdo t 13, twat "= North i'�t1 � Uncolthe z �rfla gat V4 a*1 th '+ orth,,At9 Jj4n#`* i:d > e a ia:11. TOM5 fte th el _ream : h f€ i'S�;'S. , CA ft"Id Vnith the i4 smtiouliuc, 20,00 fm totpoint im the NNasi Rzen-or-w V tiro of a3el.eou Mmuc td ahe cunt a� 'fgiatwW t •_ •WV3", E "ant; a1 � thence Nk,rth =fit05412" Wasa Mew a Sarah tt9,50— , wela, a jistwe of f 43. fs f t� theme l,�tt �1�t1" `c:stt dlsfta. �.' 1�;3 �`t, thcact Noah 4444" W.sl, at dim= e>f l 14,57 foct ah;tt�tih:4.��i�'S�'. tlu*01Y39 "; i:, 4 4. stwz*jai 100 rat; 'i t1awc .South 8605 i "1 W' Emai distahcW 173.5 1ov 1 htnce NorAh 55 12443* EssL a di aAca 6t f .1w feet .: theme iutls t y4'1�" a ".as f_ West RlghtfMayfiwol-M,Lem Avv.nuc; thence Isamb 001V2,03, Mang said fik.Fist ffight-nf-Way litre, d distancr of 101 t feet to Point of Begirmingi 03134737.u1-1/6/21 si 4 V S• s . (LEGAL DESCRIPTION FOR FREEDMAN PROPERTY) put of the Soulbwtsl 114 ofthe Nanhwast V4 of " `€ a 13, Township 34 South, Rapp 39 East, St, Last :ot ty, F1 l t$ ` raf eF 1: R {S_f 713)'140ith 1dh Road LESS S AND EXCEpT Md ri lats-o ;. - i d In those cenain dee& receded in OffieW Rtcwd Book 5 95, Pages 1449 ftwo, 1451, and Offtial Rocoftl Book 649. a 27 wd 28, or the Paihlre Records of St - Lucie t ty, F LESS AND EXCEPT: That port of the Southwest 1. 4 of the west 114 of Section 13. Tomiship 34 South, R—m%we 39 UAL St, Lwat ca", Florida. lying East of SUNSHINE STATE 1}s-,.4tAy F F13ER R.O.ND 4S.R. r 13 i of thefWlowutg described 1u1; iFN C + a poijil f xt . 1 inn be Southeast eon*r of tile, South% i l 4 0f the Nor°thu t 14 of Bald S ti0n 13„ ruh thenkv 'North 027,03" West along .the Fast fine of tt S-oudiwest 14 of tom; Noah,mt .1 of said Section 13, 709.55 ft to the POINT OF BEGINNING (z . . .), thence runs Ala 591'5W5 ' WesL parallel Nvith t w 1 section line: 76o.46 feet. theme run Sores $# ' ' "'West. 5 1-71 feet; theme ruft N . 5 fi2" Nveg. 269-56 feet. then 75� €1?" West. 202.2 fewto the Est right-of-way tuw of SUNISTUNE STATE PARKWAY D R ROAD (S.. 713) and the end of dvidew-ribed1tne. LESS AND X , '11 t part of ttte S ulh*est V4 of the Nathww 1{4 al'SLvtion 13, TowmUip 34 South Range 39 Eat St: Lucie _ct ty51~ orb, h :n rnore partic 1y r1� f��iio s. at a point f1".O.f'.11 to dw Southeast cuter f` the Sc� a%cat 1=4 of irtit t 1 of said S ti t 13. theme North 2 3°" Weg, along the Est line of t1 Sont1 1/4 ofIke T owi t 1.4 of paid Stetfon 13; for a d tries of 709.55 feet; thtnice South 8T59'39"AVeiL a distance, 0120. feel ta" the PONT Or UFGININING V,0-& 1 thence eontiiiue South S °5 'SS" West. a11e1 to the South tine of d Ss whra°fit Iof t 114 of said 5xVfloti13, f,or a sst x� t s5 t�et: � � '�i�a 1 1.; Fait, for a disume of 496 fly fett; North 1' r West, for a di, -of 110, 74 tee, theme Nodh 0-1 1 *5 ' U-q_rara distance of 108.65 Foots " 58,491EEast, along a tine 25 feet South of and parallel to 21 : North line of t1,-- h st 114 of the Noftwvst I ,4 of said motion 13 (the Mite line being t South Lim of that 25 f"+€sot right-of-way micwdod to 0fricial RecoM Book 649, P es 27 aatd 18. of t 'pablic Rai or St. Lucie Cotutty, � 4`or a ilistawc Of7791 9 fee: thence Sowh 0010210Y Ea , along �, l 20 fe,t "west ofand parallel 10 the EwA liar of he Soath est 114 orthe :sofa%tst V4 of said Section 13 l lift, being the 'west Low of flat 20 foot e,01-of4ay deed, mc0t&d in OtTicial Record Book 5 5 Pages 1449 t1a p,1 1, ofthe Public Rwor& ofSj- die C0ouaty. Ek-irfda1.for sa disttf e of 5".8 1 feet to 03134737XI-116121 LESS ANDOC Pam . 124 . )rfim Adthe . M 3 - g 1/ ) of Sectift 13, Township t1x RMVA 39 East, SL Lmi "o t , Mtkkaa shown ott Sbftt 6 of ft Honda Deputrawl of Ttauportation Rtght of Way Map for Emil ' t N4 42,4143 1, Section 9W3-2502, VwS nwe particululy de%cribed: ; fol $s,- € a% a failroW Vikc, king the # t ter fW 1 v of laid Section 13, alio bting a paiut 1jae of y Stoic Road 614 (IndtioRoad); thence SmIh SW4652" East along ,die l ofthe s t er f*�4W 14y of said Section 13 and saidBawfloeof Survey- a dicta e of 1 1, l3 (1 I i alon a line at a rim wiglo to the, previo&Wy described c , a distant of 65.OD fW to the jaWwajon of ft FAsterly Existing Right ofWay line of Stott, Road 713 { iri s l {ig ay) and djL- Northeriv Eaiiting Riot of Way line ofCounty Road 614l W Y, ,dx=e Nardi 19`W :East along iaid E .stems Existing; fight of Way line of She Road 713 (Kiogs Highway), a distame o of .53 feet to gin ipg of von -tangent � t co avt bea ted l 'it .a cl€o Ong > t o 197°)Ai» O Ea%" thcoce Norllteastorly along tile aw of said, curve and the Easterly Exiging 1b01 of Way lift' f State Rol 713 (Turnpike c&-r ), have a radius of 1,859,36 keZ dmxo a Aral angte of i r3 3 t ", aft AN da taz a gal' "1, feet t of said f-^ e mee o� a � � �isti 1 3 r�i Hoe or State Read 713 (Turn -pike Feed ) a 13, fixisfing, ant of Wad line of Nfitaouir A%enue ;and the POINT OF BEGINCNING. theme Somb RAP49'2"P East alofig said Southerly EXiStIR8 Right Ail. Ivey jjw or Milt I njar Akvaue, a distame of 8.92 feet thmce South 7* W t,at dance of 24.11 feet W.1 Naar oft said Easterly Existing Right of Way line of Slate Road 713 (TurAraike l eodet Road) and the begifting Nord wa . stedy Wong the max: of cane id Fwedy Exi ' g Right Of WaN 11 Of State Road 71.3 17 1 f ), having a raifi"af)A59A6 fftt, through tral ail lu of 3 r:!50� 40 WC &sudce of 1S.62 foet to the.end of said clvo and the POMT Of BEGINNWO. 0313473 7.v I -1 /612'1 �V