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Home My WebLink AboutNON-EXCLUSIVE CROSS ACCESS EASEMENTJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE R 3664371 OR B' 1,3354 PAGE 1524, Recorded 01/12/201 < 10:42 AM NAME: Jeffrey N Shyken . Address: 67 E Madison St #1921 ChingolL60603 This Instrumental Prepared by: St 91921, Chicago SCANNED BY St. Lucie Countv WHEREAS, Palm Park Center LLCLs the owner of certain property located In SC Lucie County, Florida, more described on Exhlbh 0. attached hereto and made apart hereof (the Palm Park Center LLC easement Area'); and WHEREAS, Jeffrey N Shyken Is the owner of certain property located In St Lucie County, Florida, more described on Exhibit B. attached hereto and made apart hereof (Jeffrey N. Shyken Area); and WHEREAS, the parties hereto are desirous of creating a non-exclusive cross access easement over, across and through the Palm Park Center LLC and Jeffrey N Shyken 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 . 3. Jeffrev N. Shvken Grant of Easement. Shyken Hereby grants and conveys to Palm Park Center I.I.C. and Its successors and assigns, a perpetual, non-exclusive access easement upon the Jeffrey N. Shyken easement area for the purposes of providing Ingress and egress to, from and over the Jeffrey N. Shyken and for providing purposes indudin& but not limited to, Ingress and egress of pedestrian and vehicular traffiq the construction, installation, and maintenance of roadways, upon and across the Jeffrey N. Shyken area. 4. Maintenance. Palm Park Center LLC shall maintain the roads, drives and paved surfaces located within the Palm Park Center LLC area and Jeffrey N. Shyken 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 from the other parry until such time that the property set forth on Exhibit'C' attached hereto and made a part hereof (the *Jeffrey Shyken Property') Is developed: provided, however, that to the extent any party causes damage1a#&vmp-erW4f another, stu;! atyslsall be obligated-te•wimburse_the damgged-pany for th):damaR D M OR BOOK 3354 PAGE 1525 construction periods, owners of Palm Park Center LLC. And Jeffrey N. Shyken shall use their best efforts to keep their respective property clean and free of debris. Once the Jeffrey N. Shyken property Is developed, Palm Park Center I.I.C. And Jeffrey N. Shyken shall each maintain the roads, drives and paved surfaces located within the portion of the Palm Park Center LLC.Easement area and the Jeffrey N. Shyken easement area under their respective ownerhip,in good, safe, dean, neat and attractive conditioDtommensuratewith a hlkhAva liarrommercial devaleament fnthest Wde Countvarea durinattie-term parry fdLth da age used to such ase ent ar a,w Ich dams sh Il not lnli andtear. Durin any nstructlon peri ds, wners fth Palm P Ce er I.I.C. y I use their best if to keep their re pe ve pro erty dean and fr of debris. 5. O Palm Ce er L And Jeffr N. yken shill n construct any Improvemen onthe Palm Pa Cent men area d Je hyk ease area, han roadway p n6 a ' ceM curbs, s, landsa g, dividers, edians, sl ge and of erim roveme required by Ilcable governments out odties In connectionwit thedevelopment of their respective property ("Improvements"). Such Improvements may Include Installation, maintenance, operation, repair, replacement and / or removal of any utility lines, sanitary and storm sewer lines, light poles for street lighting, signage and other similar improvements . currently looted In, or to be located In, the Palm Park Center I.I.C. Easement area or the Jeffrey N. Shyken easement area provided any such improvements do not obstruct or otherwise interfere with Palm Park Center LLC or Treasure Coast's unobstructed and continuous use of the easement areas granted herein. 6. Eadlna Effect. The covenants contained In this easement 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 this easement agreement 10. 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 N 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. 1L Default The branch of a covenant by any party is a default by that parry. No parry shall be deemed to be in default under this easement agreement unless and until the alleged defaulting parry 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. 12. Remedies. If a party fails to core its default within the time period described herein after receiving notice as no the non -de shallhave edies av aw an ynces m _ these easeme s be ter Inated by any pa ith ut the pri wri ten Ilfar is efa ere der. D- OR BOOK 3354 PAGE i1526 13. AttorneA Fees and fasts. 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 coast through all trial, appellate and post judgment proceedings and arbitration proceedings. 14. Onvernlna taw. This easement agreement shall be governed by and construed in accordance with the laws of the State of Florida. Signed, Sealed and Delivered STATEOFFLORIDA ) )SS: COUNTYOF:STLOCIE ) PA ARK CENTER LLC BY: PRINT NAME: N/�N�LAZ EGG/O TITLE: f)WA uK I HEREBY CERTIFY that on this day, before me, an officer duly authorized In the State aforesaid and in the County aforesaid to take acknowledgriments, the foregoing instrument was acknowledged before me by Nicholas Elliot, the Mana I be of Palm Park Ce GAtimlted Liabili Com an freelyand vo tarily under ty duly ed In him/her by aid co ratand th the seal I. ed thereto is th we orporate eal o said co am' . e ispe one] s roduc as ntigca on. kn tom rhoY)—&—) OR BOOK 3354 PAGE 1527 i Witness my hand and official seal in the County and State last aforesaid this day of MMYCOMMHSEIN1006mal y E%PIRES:Jigj29,2011 '<x Soeera Rmtutlgl Nygamker or 201L I H y CERTIFY that this da , fore me, an cer du authorized in t e State aforesk! and aforesaid to a nowledgments, the regoing Instrument was acknowledged before me by Jeffrey N. Shvken ,the WOF.f of T9aKF•L.dend voluntarily under authority duly vested in him/herby said corporation, and that the seal affixed thereto Is the true corporate seat of said corporation. He/She is personally known to me or has produced as identification. o Witness my hand and official seal in the County and State last aforesaid this day of AA t . 201L N6tary Public -s ' ted o h,. c +°•'° '•b 0 SMAg D 4.20 D 0 w 8 • x w N bA w INC. Imm B+B+ es • LMv�-�wzxs . rMrcs ,r wAalecA ,tv a +N N m EgiOT'A' /// S1ERiN J. BkOVvN.INC. AR/EVOI � ' �$IIGNePJ ' R5 CONSIA- n 111-E%0.U4VE ACCESS EASEMENT verar�xanan ru'.<rPcm•snvvn 9I GRAPHIC SCA1E 2APvcxs 1T1. PA M 1 0C A. CHI I� • n EAB Y \ f I ANCD Tr1E 2711, .N 2 iEV TO ME \�� LEGEND ALCP2E Bn 9 LANCE w IICNT-V- B.OU AY LINE -S]TSIYYE 600' -vSv U.5 UWRD S1N16 F 2BB.0 EET; TAHM ST. MINA CST AAIICE I pyll �s� I 6c.0Y a Sn., STET. To .11--� v = ,%TNN5 3,M2 S. -E WT. 10 H� {qXf P [WYFNIYNM 6ZST aDVd 6S££ )IOOH UO OR BOOK 3354 PAGE 1530 4 '5tI?Hr-N J. BROWN, INC, uc sswr area 5L ZVF-YOR5 • V651GNI;1 • LANI2f0LANNrt25 • C0N5LLTANT5 619 BASF 5h1 9nWFf, gniwf, PLOMPA *4994 C 772) 250-7176 nC „ TOWNS,HIP 36 UTH, NGE EAST PLAT N0. 1 OF GARDEN RECORDED LAT BOOK 1, PAGE.35. OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD NO. 5 (U.S. 1) AND THE NORTH LINE OF LOT 5 OF SAID BLOCK 3; THENCE RUN SOUTH 27'31'40" EAST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD NO. 5 (U.S. 1), FOR A DISTANCE OF 585.27 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF 2RNON ,L GDA ERL IG IN OF O D), F R DIST N E 01NT; THIGHTA GLE TEA R A T,F R A DIST CE OF 0. NT; THN RTH 27 WEST, ALO G T�J TA R 0. 5 (U. F A DISTANCE /125.0bJFEET TA P NT; THE E, AT ARIGHT ANGLE TO -THE AFORESAID COURSE, RUN SOUTH 62'28'20" WEST, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING. NOTES: ALL SEA LINE OF Y r1 JOSEPH E. SMITH, Cl;.'--- FILE # 3664371 OR ' DF THE CIRCUIT COURT — SAINT LUCIE COS FILE tr- r-3354 PAGE 1524, Recorded 01/12/20121>.--`10:42 AM NAME: Jeffrey N Shyken Address: 67 E Madison St 01921 Chicago IL60603 This Instrumental Prepared by: Palm Park Center LLC g469 S AALLuC Pe6t44A,;c- GP 3 V'Y SCANNED BY St, Lucie Countv NON-EXCLUSIVE CRO55 ACCESS ESEMENT This Non -Exclusive Goss Access; Easement agreement ('Easement Agreement) Is granted this 1 day of y C V,, 2D11 by Jeffrey N Shyken, having an address of67 E Madison St g1921, Chicago IL60603-3014. WRNESSETN: WHEREAS, Palm Park Center LLC Is the owner of certain property located In St. Lude County, Florida, more described an Exhibt A. attached hereto and made apart hereof (the Palm Park Center LLC easement Area'); and WHEREAS, Jeffrey N Shyken Is the owner of certain property located in St. Lucie County, Florida, more described onExhibitil.attached hereto and made apart hereof (Jeffrey N. Shyken Area); and WHEREAS, the parties hereto are desirous of creating a non-exclusive cross amen easement over, across and through the Palm Park Center LLC and Jeffrey N Shyken easement area. NOW, THEREFORE, In consideration of the premises, the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the tecelpt and sufficiency ofwhich is hereby acknowledged, the parties Intending to be legally bound, do hereby agree as follows: 1. Recitations The recitations set forth above are true and correct and are incorporated herein by this reference 2. P IM Park Centel UC Grant ofFatement. Palm Park Center LLC. Here grants and conveys to Jeffrey N. Shyken and its successors and assigns, a Perpetual, non-exduslve access easement upon the Palm Park Center LLC easement area for the purposes of providing Ingress and egress to, from and over the Palm Park Center LLC property and for providing Purposes including, but not limited to, ingress and egress of pedestrian and vehicular trafR4 the construction, Installation, and maintenance of roadways, upon, and across the Palm Park Center LLC area. 3. Jeffrey N. Shyken Grant of Easement Shyken Hereby grants and conveys to Palm Park Center LLC and its successors and assigns, a perpetual, non-exclusive access easement upon the Jeffrey N. Shyken easement area for the purposes of providing Ingress and egress to, from and over the Jeffrey N. Shyken and for providing purposes Including, but not limited to, ingress and egress of pedestrian and vehicular traffic, the construction, installation, and maintenance of roadways, upon and auoss the Jeffrey N. Shyken area. 4. Maintenance. Palm Park Center LLC shall maintain the roads, drives and paved surfaces located within the Palm Park Center LLC area and Jeffrey N. Shyken area in good, safe, clean, neat and attractive condition commensurate with a high quality commerclai development In the St. Lucie County area without the obllgatlon of reimbursement from the other parry untll such time that the property set forth on Exhibit'C- attached hereto and made a part hereof (the &Jeffrey Shyken Property) is developed: provided, however, that to the extent any parry "uses damage to the property of another, such party shall be obligated to reimburse the damaged party for the damage caused to such easement area, whlch damage shall not Include damage from normal wear and tear. During any OR BOOK 3354 PAGE 5 construction periods, owners of Pakn Park Center I.I.C. And Jeffrey N. Shyken shall use their best efforts to keep their respective property clean and free of debris. Once the Jeffrey N. Shyken property is developed, Palm Park Center U.C. And Jeffrey N. Shyken shall each maintain the roads, drives and paved surfaces looted within the portion of the Palm Park Center LLC.Easement area and the Jeffrey N. Shyken easement area under their respective ownerhipin good, safe, dean, neat and attractive condition commensurate with a high quality commercial development in the SL Lucie County area during the term of this Easement Agreement without the obligation for reimbursement from the other party, provided, however, that to the extent any party causes damage to the property of another, such party shall be obligated to reimburse the damaged party for the damage caused to such easement area, which damage shall not Include damage from normal wear and tear. During any construction periods, owners of the Palm Park Center U.C. And Jeffrey N. Shyken property shall use their best efforts to keep their respective property dean and free of debris. S. Obstructions Palm Park Center I.I.C. And Jeffrey N. Shyken shall no: construct any improvements on the Palm Park Center LLC easement area and Jeffrey N. Shyken easement area, other than roadway pavement, and adjacent curbs, berms, landswping, dividers, medians, slgnage and other improvements required by applicable governmental authorities In connection with the development of their respective property ("Impr(wements°). Such Improvements may include Installatleo, maintenance, operation, repair, replacement and / or removal of any utility Imes, sanitary and storm sewer Imes, light poles for street lighting, signage and other similar Improvements currently located In, or to be located in, the Palm Park Center LLC. Easement area or the Jeffrey N. Shyken easement area provided any such Improvements do not obstruct or otherwise Interfere with Palm Park Center LLC or Treasure Coast's unobstructed and continuous use of the easement areas granted herein. S.Ajadine Effect The covenants contained In this easement are not personal but shall con 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. 7. Caotlont. The options 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, not the Intent of the Provisions hereto. g. Amendments. Neither this easement agreement nor any provision hereof maybe waived, modified, amended, discharged or terminated, except by an instrument In writing signed by both Palm Dark Center LLC and Jeffrey N. Shyken or their respective successors. 9. AxreemenL This easement agreement embodies and constitutes the entire understanding between Palm Park Center LLC. And Jeffrey N. Shyken 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. 10. waiver. No Waiver of any or the provisions of this easement agreement shall be effective unless It is In wrlting, signed by the parry against whom it Is asserted and any such waiver shall only be applicable to the specific Instanu In which it relates and shall not be deemed to be a continuing or future waiver. ILoefauR The branch 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 untllthe alleged defaulUngparty shall have received written notice or default and shall have failed to cure the default wlthln twenty (20) days after the receipt of such notice. 12.gemedles Ifa Parry falls to cureits default within the time period described herein after receiving notice as required by Paragraph 21, 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 parry without the prior written consent of the other, even If a parryls in default hereunder. OR BOOK 3354 PAGE , M Attomev's Fees and Casts. In connection with any litigation or arbitration arising put of this easement agreement, the prevailing parry shall be entitled to recover all reasonable attorney$'fees and coast through all teal, appellate and post -Judgment proceedings and arbitration proceedings. 14. Gavernine taw. This easementagreement shall be governed by and construed in accordance with the laws of the State of Florida. IS.6MIons.7he 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. 16. Caunteroarts. 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. Signed, Sealed and Delivered el Signed, Seated and Delivered In the presence of. I� (7r r PRINT NAME: }USJ /Cli,x/ •( 114A i ,,-, - PRINTNAME: STATEOFFLORIDA ) )SS: COUNTY OF: ST LUCIE ) PAL ARK CENTER LLC. BY: PRINTNAME: N/G/i0G-9 ELG/0ff TITLE: _ /•r•y�7Yh JEFFREY N. SITYKEN BY: PRINT ME: 2 Qi N' S�`✓/Qrl TITLE: J/tU\tL- 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 me by Nicholas Elliot, the Managing Member of Palm Park Center I.I.C. A Limited Liability Company freely and voluntarily under authority duly vested in him/her by said corporation, and that the seal affixed thereto is � the true corporate seat of said corporation. He/She is personally known to me or has produced KIL-AlK, baNIP, as Identification. OR BOOK 3354 PAGE ' ':7 Witness my hand and official seal In the County and State last aforesaid this Ldayof 2021. ,wt:w tkWt SIONIDSS •k1' IRE&DBI9,2011a1 Public FY31flESJdy P9,All /(pna� ay,LHFIry1tlylNtlrrSn'm L Typed, printed or stamped name of Notary Public My Comma slen ENplres: STATE OF FLORIDA ) fi 11 )55: COUNTY OF: STLUCIE ) 1 HEREBYCERTIFY that on this day, before me, an officer duty authorized In the State aforesaid and In the County aforesaid to take acknowledgments, the foregoing Instrument was acknowledged before me by Jeffrey N. Shvken ,the OLViLLC a( r. snd voluntarily under authority duty vested In him/lEr by said corporation, and that the seal of Ned thereto is the true corporate seal ofsaid corporation. He/She is personally known to me or has produced as Identification. Witness my hand and official seal in the County and State last aforesaid this_I_day of 2012. - � N tart' PublicNi Typed, printed o W, c +PC'•b IMOIFSSµpi N od=4l IwT = L L.M hra twaeY'r n>+�� uve ImNu • Sw olao-w. - w aNaon -amps �wmuo ,r-T"— T Isac �,J'fJY'JG .. ViVAYvY1G / � °siiwi-nsno� • saa+++taQa+a • rR+OaA'r N3fdaK '�d�iG b¢CNY161¢ {YM� i P vnV+'m'YLW Y mMi QIN ]i LM Twf YRgV M m l Nu�q GIlYNMJt MY.M.'STCl11 A%11 �LGl9.1W 01 ®ON�a tM /. 'a3]J 3tlY1W+Me iWII1 JIY' swim sv a.. m y �OpW Y pM C sYt A !n< SYNt GMT }Nt9 YM q �'NNg5�91t d�6N 6ilYAt GM'1 A tLO�`IE6T 1N316V3 a537aY 315f11�%3-NON Ou✓W[Q./L) ��n re.Y-�CV®Yu'Dn6 '�NMNVJiro �1fNV1'� SdN'�'�'1 Sdi`DG3tl - Sd�a]hY% N1.LAIW®� sru'rw�oaA'r n3w�s \\ �— [ 2 - Z_� /7 � ! dno || , 70vd T'SCE MOOS 'do OR BOOK 3354 PAGE ,o 51°NI;N J. PR0WN, INC, uc nwn�ar eee+ 5UM/r--YO125 • M516NM5 - LANOMANNIM5 • CON5LL-rAW5 619 EASE 51H SMBTi . 5 IJARf, FLORIDA D4994 (772) 28H-7176 EXHIBIT "C " JEFFREY SITYKEN PROPERTY THAT PORTION OF LOTS 3 AND 4, BLOCK 3, SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, PLAT NO. 1 OF ST. LUCIE GARDENS, AS RECORDED IN PLAT BOOK 1, PAGE. 35, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD NO. 5 (U.S. 1) AND THE NORTH LINE OF LOT 5 OF SAID BLOCK 3; THENCE RUN SOUTH 27'31'40" EAST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD NO. 5 (U.S. 1), FOR A DISTANCE OF 585.27 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER TO BE DESCRIBED; THENCE CONTINUE SOUTH 2731'40" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF FLORIDA STATE ROAD NO. 5 (U.S. 1), FOR A DISTANCE OF 125.00 FEET TO A POINT; THENCE, AT A RIGHT ANGLE TO THE AFORESAID COURSE, RUN NORTH 62'28'20" EAST, FOR A DISTANCE OF 350.00 FEET TO A POINT; THENCE RUN NORTH 27'31'40" WEST, ALONG A LINE PARALLEL TO SAID FLORIDA STATE ROAD NO. 5 (U.S. 1), FOR A DISTANCE OF 125.00 FEET TO A POINT; THENCE, AT A RIGHT ANGLE TO THE AFORESAID COURSE, RUN SOUTH 62-28-20" WEST, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING. NOTES: ALL BEARINGS ARE REFERENCED TO THE EASTERLY R/W LINE OF U.S. HIGHWAY NO. 1, CALCULATED AS N27'31'40"W. &