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HomeMy WebLinkAboutEASEMENT AGREEMENTJOSEPH E. SMITH, CL" OF THE CIRCUIT COURT SAINT LUCIE CC ' FILE 4 4010460 OR _._,t 3687 PAGE 416, Recorded 11/04/2014 d,0:14 AM Doc Tax: $0.70 V SCANNED, BY St. Lucie rnII^' This instrument was prepared by: No S. Dreye , as er, A. 45 Central PI .200 o St Lucie, FL 98 i D EASEMENT O THIS NON-EXCLUSIVE CROSS ACCESS EASEMENT AGREEMENT (hereinafter referred to as "Easement Agreemenf7 is made and entered into as of the day of oa4wcr 2014 by and between VAZ, Ina, a Florida corporation whose address is 702 S.W. Port St Lucie Boulevard, Port SL Lucie, Florida 34953 ("VAZ") and HUTTON TEAM, LLC, a Delaware limited liability company, whose address is 736 Cheny Street, Chattanooga, TN 37402. WHEREAS, VAZ is the fee title owner of a parcel of certain real property located in St. Lucie County, Florida, which parcel is more particularly described in Exhibkt "A" hereto and made a part hereof (the "VAZ Parcel"); and a part hercol (Hie Tics Parcel'); d I 1 V WHEREAS, th 'es hereto d imus If creating on-atclusive cro auess which shall burden )&nortion of dnd }ienefit jhe V2Y—Paroel and shall N6W; THEREFORE, h consideration of Ten Dollars ($10.00) and other good and valuable consideretion, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties intending to be legally bound, do hereby agree as follows: L Recitations. The foregoing recitations are true and correct and are incorporated herein by reference. 2. VAZ Grant of Easement VAZ does hereby grant and convey to Hutton and its successors and assigns, a perpetual irrevocablo non-exclusive easemeat for the benefit of and appurtenant to and running with the Hutton Parcel in, on, over, across that certain portion of the VAZ P she on " " ttached hereon the "V Easement Area'), for io rase grass of pe es ' an ehieular re to dfrom the H P reel an the adjacent Do ' o Y. D �t , t OR BOOK 3687 PAGE' ',7 3. Hutton Grant of Easement Hutton does hereby gram and convey to VAZ and its successors and assigns, a perpemal irrevocable non-exclusive easement for the benefit of and appurtenant to and toning with the VAZ Parcel in, on, over, across that certain portion of the Hutton Parcel as shown on Exhibit "D" attached hereto (the "Hutton Easement Area"), for intness aod_=mss of oedeslrianaadl vehicular traffic to and from the VAZ Parcel and the 4.MshnUt [t is the ' to t of p es that a tin of e e cots as set f2 and P 3 a ve toll ely tarred he in as aeemenny way (a) pe it p ing by the tee onAportion the .'s propeor imped the wrier fa portion of I or n Panend/ r velopin fr m tune to time the the Parce ,mann as the espertive o er of all orthe shall not materially adversely affect, impair or interfere with the rights of the other party in and to the VAZ Easement Area and the Hutton Easement Am (collectively the "Easement Areas' j underthis Easement Agreement. 5. Construction of Easement. Hutton shall, at Hutton's sole cost and expense, pave, Construct and otherwise improve both Easement Areas in accordance with plans approved by St Lucie County and any other applicable governmental authorities, for development of Hutton's pmperiy for Commercial uses. Maintennuce. VAZ and Hutton shall each maintain the drives and paved A-v idtin the reyp-detiva•pwneaskrp`, In Aigation for\tfmb ant by the cr party pro ided ho v that th any causes damage to a operty of the o ey su p he liga it im a the ged patty for dam a sod t th I cmrn Areas damage steel no include d wear and teen. a. General. The Hutton Parcel and the Vaz Parcel shall be used for lawfd purposes in conformance with all restrictions imposed by all applicable governmental laws, ordinances, codes, and regulations. Neither all nor any portion of the parcels may be used, directly, or indirectly, for a store er other business selling, rearing, or displaying "x-rated" or "adults only" books, tapes, films, magazines or other merchandise, massage parlor, any establishment featuring "adults only" or "x-rated" entertainment. b. Sneeific Restrictlons for the Vaz Parcel. So long as Family Dollar Stores is operating on the Family Dollar Lot or has an ownership interest in Hutton Parcel, the Vaz Parcel will not be leased, subleased, or sold to any variety store, variety discount store, discount department store, dollar store, thrift store, any store selling used clothing, or any discount store sq eoi,pperd[ed b came of, p, Marcus,_Ci l 1-AICo, B5g Lots, hopko, dd's D- unto Pamidj Value City,, D OR BOOK 3687 PAGE Dolgencorp or Dollar General, Bill's Dollar, Bonus Dollar, Deals, Only Deals, 99 Cents Only, Dollar Ztee, or any entity controlled by, affiliated with or related to any of them, or any other dollar store occupying more than 2,000 square feet, or any store operated by Variety Wholesalers, including but not limited to, Maxway, Roses, Super 10, ValuMart, Pope's and Bargaimown. This Paragraph is not intended to prohibit the Vn Parcel from being operated as a 9. Bindiug Effect. The covenams contained in this Easement Agreement are not personal but shall run 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. 10, Aonurtenant Easements. The VAZ Parcel and the Hutton Parcel are adjacent and contiguous to each other and therefore the Easements granted hereby are for the benefit of the VAZ Parcel and the Hutton Parcel and, as such, are appurtenant easements. ing from or blanylwa f related to parry's Parcel. M of hueh part's Parcel, shall ogtain and 13. Agreement. This Easement Agreement embodies and constitutes the entire understanding between the parties with respect to the matters contemplated herein and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Basement Agreement IA. Amendment. This Easement Agreement may not be modified, amended, or terminated without the prior written approval of the owners of the VAZ Parcel, the Horton Parcel and Family Dollar Stores, if it is operating a store or owns the Family Dollar Lot at the fine of the amendment OR BOOK 3687 PAGE' �9 15. Notlm/Apmovala. If a party desires to give notice or a request for approval regarding any matter herein, then such notice or request shall be in writing and addressed to the party at the address shown above. Such notice or request may be deposited in the United States mail, certified or registered, return receipt requested and postage prepaid or sent by Federal Express or comparable ovemight mail services. Notice shall be deemed to have ban given upon e unless i sthoablle aaaclonstin'ua nd i Mle to future to the default within twenty (20) days afterthe receipt of such notice. 18. Remedies. If a party fails to cure its default within the time period described herein (after receiving notice as required by Paragraphs 14 and 16)6 the non -defaulting party shall have all rights and remedies available at law and/or inequity. 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. 19. Attorney's Fees and Costs. In connection with any litigation or arbitration arising out of this Easement Agreement, the prevailing party shag be entitled to recover all reas amesb eTlnovsl fees an osts ftmeh all Vial: a36aBaTC'mtd.00st-;radknTent omeeedfi¢a 20. Gobefni w. This Easame�t AgreVrtr t shall mce with die law of a State of Flo�hr'da be interpreted 22. No Public Dedication. 'fie foregoing previsions are not intended, nor shall they be construed as creating any rights in and for the benefit of the general public. Nothing contained in this Easement Agreement shall be deemed to be a gift or dedication of any portion of the VAZ Parcet or the Hutton Parcel to the general public or for any public use or purpose whatsoever. 23. 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 ofthis Easement Agreement, nor the intent of the provisions hereto. W06.3 0 'If (C(01 OR HOOK 3687 PAG'. "�20 24. 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 Fasemcnt Agreement. END OF TEXT. SIGNATURES APPEAR ON FOLLOWING PAGES. 0 D (Colly DIVY OR ROOK 3687 PAGS� Y:1 IN WTTfO SS WHEREOF, the parties hereto have executed this Fasentent Agreement as of the day and year firs above written. State of Florida ) I ) SS: Countyof S-F-.. [�. )gj.Luetc Ccun4y 1 HE TIF at on thh ay, W me, an or has A. Zh a Prest w of VA7, nc., a Fi ity hive led n him s d comp . e is officialyal iVthe Cmhft nd Srete Iast afoteseld day 77ad24tQ Uz+Ke i Notary Public Typed, primed or strnped roams of Notary Public My commission expires: NE t hie 0+ S t)L—LIM1SC6 Ilodre AO1xRY 1'O&L[GSIA7EOPPfAHmA /y®mitt. Vehnm �Z eNUPOA.i9m2I84 COjwbi 0 D (: - Y py OR ROOK 3697 PAOI•' -!2 IN WITNESS WHEREOF, the Patties hereto have executed this Easement Agreement as of the day and year first above written. print /nam : IA= to k an t; Witness Print name: fdiiri h) ih,d4NF1N of H i11 n 1 HERBY CEP that an this y, efare , e d)xy autho '��c State A and the Coun oresaid to ow adamants foreaoina ' ant was WITNESS my hand and official seal in the County and State last aforesaid this�day of Deftioer , 2014. 6. Wu*z Notary ub c Lj Typed Myw a s:ll•2 W73 OR BOOK 3687 PAGEr 3 EXF®Cf uAn VAZPARCEL LEGAL DESCRIPTION FOR REMAINDER OF PARENT PARCEL: A PARCEL OP -LAND LYI46h1q-A-PORTION OF-SECTrON-1Z TOW OMM 35 AT THE THEAST R OF IN PLAT 0 34, PAS 7.�UBLI Rt�C9RD5 OF ST. LUC]E UCPUNTY, E ALONG SAID OF-WAY-OF"CENNARD ROAD -,A -DISTANCE OF 446.23 FEET: THENCE N 90°00'00. W DEPARTING SAID WESTERLY RIGHT-OF-WAY OF LENNARD ROAD, A DISTANCE OF 270.85 FEET: THENCE NORTH 00°OS'54' EAST, A DISTANCE OF 176.67 FEET: THENCE NORTH 89052'49° EAST, A DISTANCE OF 270.94 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF LENNARD ROAD: THENCE N 00°00'00" E ALONG SAID WESTERLY RIGHT-OF-WAY OF LENNARD ROAD, A DISTANCE OF 35.00 FEET: THENCE SOUTH 89052'49" WEST DEPARTING SAID WESTERLY RIGHT-OF-WAY OF LENNARD ROAD, A DISTANCE OF 280.96 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF LOT 2, BLOCK 1, ST. LUCIE GARDENS, ACCORDING TO THE PLAT TLHER�RFCRDED IN BOOK1,LR "SF TU O OS ID W T, AT • . i0 FEET Al POINT OF 1 BOUNDS 136,949 OR BOOK 3687 PAGE' 4 HUTION PARCEL LEGAL DESCRIPTION FOR LOT SPLIT. 0 = OF 2, L K 1, 'TiAS R R ED N PLAT I �NTY,FLO ,SAID PA AS FOLL W CO ENM�A CING A,"HE THEAST RNE OF LOT 1, L NNARD R D SQUARE 5 RECORD PLAT BOOK 34,7AGE 7, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID NORTHEAST CORNER ALSO BEING ON THE WESTERLY RIGHT--OF- WAY OF LENNARD ROAD; THENCE NORTH ALONG SAID WESTERLY RIGHT-OF-WAY OF LENNARD ROAD, A DISTANCE OF 446.23 FEET TO THE POINT OF BEGINNING; THENCE N 90000'004 W DEPARTING SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 270.85 FEET; THENCE NORTH 00°Ol'54" WEST, A DISTANCE OF 176.67 FEET: THENCE NORTH 89052'49" EAST, A DISTANCE OF 270.94 FEETTO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF LENNARD ROAD; THENCE 5 00°00'00" W ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 177.24 FEET TO THE POINT C"nW.3(o Dy op OR BOOK 3687 PAGE,' '5 EXHIBIT "C' VAZ EAMAEJT AREA 24.00 FEET TO THE POINT OF BEGINMM. SAID CROSS ACCESS EASEMENT CONTAINLN6 Wi nlaN SAID BOUNDS 6.017 SQUARE FEET(OASI ACRES t) MORE OR LESS. OR BOOK 3687 RAGU' '-26 E1 EAST, 24 ' a �I rtl P i• A . f VAZ EMEEW f - "� � AREA ,I MOSS ACOE:SS - $ EASEMENT P. SKETCH OF DESCRIPTION BEARINGS SHOWN HEREON ARE RELATED TO ASSUMED BEARING BASIS REFERENCED TO THE WESTERLY LINE OF LENNARD ROAD. NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RASED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER NOT VAUD WITHOUT PACE 1 0" 2 THIS IS HOT A BOINDARY SURVEY. SW ROBERTA ffA1BL5GN TONALSURVEVOAANI OR BOOR 3607 PAGE �17 v EXHIBIT OW FEETTO THE PARCEL LINE DISTANCE Of NORTH PARCEL LINE A DISTAN SOUTH, A DISTANCE OF 16.01 FEET: THENCE SAM =55 ACCESS EASEMENT CONTAINING WIIHIN SAID BOUNDS 6,339 SQUARE FEET (0191 ACRES 33 MORE OR LESS. PD Y OR BOOK 3687 PAGE'S _ I� 501rtH, 27.98' HUTEOIJ EASEMENT -- N � N _ F• AREA ZQ EAST Dm'.`_sI WEST 100.e I:1.1 i s M.) • P.O.B.J I/ I WEST, 33.00, i a VAZ AREA i1=��. axal SWTCH OF DESCRIPTION BEARINGS SHOWN HEREON ARE RELATED TO ASSUMED BEARING BASIS REFERENCED TO THE 'WESTERLY LINE OF LENNARD ROAD. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER NOT VALID VATHOUT PAGE T CF 2 THIS IS NOT A BOUNDARY SURVEY.