BILL HOWARD HUNT
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Q,R.5 280 PAGE 882
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ClEkY. CiKCUlT COURT
DEe ~ 31SPH,'81
R&AJ <I~J~'.HJASEMENT AGREEMENT
RE
THIS AGREEMENT made and entered into this ~
day of
j)crc
, 1981, by and between Bill Howard Hunt, a
single man, Clearwater, Florida, (herein referred to as "Hunt"),
and CITY OF CLEARWATER, FLORIDA, P. O. Box 4748, Clearwater,
Florida 33518, (herein referred to as "City"), (the foregoing
parties are occasionally referred to herein collectively as
"Declarants") .
WIT N E SSE T H :
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WHEREAS, Hunt is the owner in fee simple of that certain real
property briefly described as Hunt property, said property being
more particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference (herein referred to as
"Parcell") ;
WHEREAS, the City is the owner in fee simple of that certain
real property briefly described as Drew Street Library property,
being adjacent to Parcel 1 and being particularly described on
Exhibit "B" attached hereto and incorporated herein by this reference
(herein referred to as "Parcel 2");
WHEREAS, Hunt and the City desire to develop both Parcell and
Parcel 2 pursuant to a singular development plan;
WHEREAS, the parties hereto desire to provide for such contin-
gencies as may arise by reason of the fact that Parcel I and Parcel
2 are being developed separately but want common easements and parking
for both parcels;
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~~ ~ i ~ EASEMENTS FOR PARKING AND PEDESTRIAN AND VEHICULAR TRAFFIC
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~ ~~ . Declarants do hereby establish and give, grant and convey to
~ : ~ : (i) each and every person or legal entity now or hereafter owning
~ :~ -"QJ : in fee simple any portion of or all of Parcel 1 or Parcel 2 (the "Fee
~ ~co : Owners"); (ii) the holders of any and all first-in-priority Mortgage
~: : nd Security Agreements conveying any portion of either Parcell or
~ : ~ . 'arcel 2 (the "Mortgagees") and (iii) to the respective heirs,
~ :~'~"successors and assigns of the Fee Owners and the Mortgagees, the
8 ~~ ~ following mutual, reciprocal, non-exclusive easements over Parcel
1 and Parcel 2, which easements shall be appurtenant to and for
the benefit of Parcels 1 and 2, respectively:
NOW, THEREFORE, for and in consideration of Ten Dollars ($lD.DD)
in hand paid by each of the parties one to the other and for and in
consideration of the mutual covernmts and promises contained herein
and of the mutual benefits accruing to each of the parties hereto,
their heirs, successors and assigns, the parties hereby declare and
agree as follows:
1.
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(a) Easements for pedestrian and vehicular traffic over
and upon any and all driveways, walkways and parking
areas now or hereafter located on Parcel 1 and over and
upon any and all driveways, walkways, and parking areas
now or hereafter located on Parcel 2.
j
This instrument prepared by:
Thomas A, Bustin~ City Attorney
City of Clearwater
P. O. Box 4748
C1earwater~ FL 33518
- 1 -
RETURN TO
LAW OFFICE
RA Y PEACOCK
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o,R,5 280 PAGE 883
(b) Easements for vehicular traffic for the purpose
of vehicular parking in all parking areas now existing
or hereafter constructed on Parcels 1 and 2.
2.
EASEMENT FOR DRAINAGE OF SURFACE WATER
Dec1arants do hereby establish and give, grant and convey to
(i) the Fee Owners and (ii) the Mortgagees and (iii) to the respective
heirs, successors, and assigns of the Fee Owners and the Mortgagees,
non-exclusive, appurtenant, reciprocal easements for the benefit of
Parcels 1 and 2 over, across and through Parcels 1 and 2, as shown
on Exhibit C attached hereto and made a part hereof for the purpose
of drainage of surface water runoff from Parcel 2 over and across
Parcell and from Parcell over and across Parcel 2.
3.
EASEMENT FOR UTILITIES
Dec1arants do hereby establish and give, grant and convey to
(i) the Fee Owners, (ii) the Mortgagees and (iii) the respective
heirs, successors, and assigns of the Fee Owners and the Mortgagees,
the right and easement to utilize electric lines, water lines,
sewage lines, and storm drains now existing on Parcell and the right
and easement to tap onto said lines for the purpose of providing
those utility services to improvements to be constructed on Parcel 2.
Said installation and tapping onto the aforesaid utility lines shall
be done at the sole expense of the fee owner of Parcel 2 and shall be
done in a good and workman-like manner and shall be accomplished
without damage to any existing utility lines serving Parcell. The
areas of Parcel 1 affected by or in connection with the tapping onto
said existing utility lines on Parcell shall be promptly restored
to the same condition as existed prior to said tapping on.
4.
BINDING EFFECT OF EASEMENTS AND COVENANTS
The easements, covenants, restrictions, and agreements contained
herein shall be effective upon execution of this Reciprocal Cross-
Easement Agreement by the parties hereto. The easements, covenants
and agreements provided for herein shall run with the land for 99
years from date of recording, shall be appurtenant to Parcell or
Parcel 2 as the case may be and, as to the easements granted in, and
covenants and restrictions contained in paragraphs 1, 2 and 3, above
shall constitute reciprocal benefits to and burdens upon Parcel 1 and
Parcel 2. The easements, covenants, restrictions and agreements
provided for herein shall inure to the benefit of and shall be binding
upon the successors, heirs and assigns of the parties hereto and shall
remain in full force and effect and shall be unaffected by any change
in ownership of Parcel 1 or Parcel 2 or by any change in use of Parcel
1 or Parcel 2, provided, however, that this Agreement and the assessments,
covenants, restrictions and agreements herein shall terminate and shall
be null and void at such point in time as both Parcels land 2 are
owned in fee simple by a single person or entity and Parcels land 2
are subject to either separate first-in-priority mortgage instruments
held by the same mortgagee or are subject to a singular first-in-
priority Mortgage. No further action shall be necessary to terminate
this Agreement on the occurrence of the events specified in the preceding
sentence.
5.
INJUNCTIVE RELIEF
In the event of breach, or any attempted or threatened breach,
by any fee owner of any part of Parcel 1 or Parcel 2 of the easements,
covenants, restrictions and agreements provided for herein, then the
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O.R. 52.0 P~GE 884
other parties hereto shall be entitled forthwith to se.ek full and
adequate relief by injunction andjor, all other available legal and
equitable remedies with respect to such breach, and any deed, lease,
assignment, conveyance, or contract made in violation of this Agreement
shall be void and may be set aside, upon petition by anyone or more
of the parties hereto. 'All costs and expenses of any such suit or
proceeding shall be assessed against the defaulting fee owner hereto
and shall constitute a lien against that Parcel owned by said defaulting
fee owner until such costs and expenses are paid.
6,.
TERMINATION
Nobd thstanding any contrary pr'ovisJ..on contained herein, except
for the termination provision set forth in paragraph 4 above, this
Agreement may be modified, amended, terminated or rescinded in whole
or in part only by written agreement signed by all fee simple owners
of Parcels I and 2 and by each and every holder of any first-in-priority
Mortgage and Security Agreement covering Parcel'l or Parcel 2. .
7.
EXPENSES
Except as 'provided in paragraph 3 hereinabove, it is intended
that all expenses incurred in connection with improvement of and main-
tenance of the easements herein created shall be borne by the City of
Clearwater which shall be responsible for the paving, curbing, drainage,
striping, landscaping, irrigation, and traffic directional signs on '
Parcel I and maintenance thereof during the term of this Agreement.
However, should the owner of Parcell prefer to construct a parking
lot in the areas described in thi~ agreement, the City will assist in
such development by providing striping, landscape materials, and
traffic directional signs. Any parking design must be approved by the
'City.
IN WITNESS WHEREOF, the undersigned parties have hereunto affixed
their hands and seals the day and year first above written.
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delivered in
BILL HOWARD HUNT
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By
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Mayor-Commlssloner '
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O,R, 5 28 0 PAGE 885
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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, personally appeared Bill Hunt, to me known to be the
person described in and who executed the foregoing Agreement and he
acknowledged before me that he executed the same.
WITNESS my hand and off~seal in the County and State last
aforesaid this 3 day of ,~~ , 1981.
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otary Public
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commission expires:
f,OiARY PIJPUI} ~T.^.F :-~ r!0~1r.:,~ At tXRE;l'
MY COi,\ivlj>~i~i. Uf'iiC jp,~'l; ,3i, 19.8S '
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this
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day of
J9~
,
1981, before me personally appeared Anthony L. Shoemaker, Thomas A.
Bustin, Lucille Williams, and Charles F. LeCher, respectively City ,
Manager, City Attorney, City Clerk and Mayor-Commissioner of the City
of Clearwater, Florida, a municipal corporation, to me known to be
the individuals and officers described in and who executed the fore-
going Agreement and severally acknowledged the execution thereof to be
their free act and deed as such officers thereunto duly authorized;
and that the official seal of said municipal corporation is duly affixed
thereto, and the said Agreement is the act and deed of said corporation.
WITNESS my signabrreand official seal at Clearwater in the County
of Pine11as and State of Florida, the day and year last above written.
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Notary pubt~T~
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My commission expires:
aotary Public, State of Aorida
ti.'j lo:n:nission Expires July 5, 1935
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Hunt Legals
I 7/13/81
I o.R.5 280 PAGE
886
EXHIBIT A (Parcell)
CROSS PARKING AGREEMENT
From the Northwest corner of the' NW 1/4 of the NW 1/4
of Section 18, Township 29 South, Range 16 East,
Thence S 89022'51'East; along the centerline of
Drew Street, 553.20 feet;
Thence S 000 18' 05" West, 408.60 feet to the Point
of Beginning:
Thence S 890 22' 51" East, 220.00 feet;
Thence S 000 18' 05" West, 259.91 feet;
Thence N 890 27' 19" West,220.00 feet;
Thence N 000 18' 05" East, 260.20 feet to the Point
of Beginning.
Containing 1.313 acres
Bill Howard Hunt Owner
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Hunt Legals
17/13/81
IO.R. 5 %., PAGE 117
EXHIBIT B (Parcel 2)
0.7 + Acres
From the NW corner of the NW 1/4 of the NW 1/4
of Section 18, Township 29 South, Range 16 East,
Thence S 89022'51" East, along the centerline of
Drew Street, 553.20 feet;
Thence S 00018'05" West 270.00 feet to the
,
Point of Beginning;
Thence S 89022' 51" East, 220.00 feet;
Thence S 000 18' 05" West, 138.60 feet;
Thence N 89022'51" West, 220.00 feet;
Thence N 00018' 05" East, 138.60 feet to the
Point of Beginning.
Containing 0.700 Acres
Bill Howard Hunt Owner
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IO,R.51'Op~GE a.8
Hunt Lega Is
7/13/81
EXHIBIT B (Parcel 2)
L IBKARY SITE:
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Fro. the NW corner of the NW 1/4 of the NW 1/4 of
Section 18, Township 29 South, Range 16 East,
thence S 890 22"' 51" E, along the centerline of
Drew Street, 553.20 feet; thence S 000 18' 05" W,
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50.0 feet to a point of beginning; thence S 890 22'51" E,
220.00 feet; thence S OO~ 18' 05" W, 220.00 feet; thence
N 890 22'51" W, 220.00 feet; thence N 000 18' 05" E,
220.00 feet to the point of beginning.
Containing~.lll acres
Bill Howard Hunt Owner
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I O,R, 5280 PAGE
JULY 23, 1981
889
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EXHIBIT C
HUNT PROPERTY COMBINED LEGALS ( CROSS PARKING & 0.7i AC.)
From the Northwest corner of the Northwest 1/4 of the
Northwest 1/4 of Section 18, Township 29 South, Range
16 East; thence S 89022'51" E, along the centerline of
Drew Street 553.20 feet; thence S 000 18' 05" W, 270.00
feet to the point of beginning; thence S 89022'51" E,
220.00 feet; thence S 000 18' 05" W, 398.51 feet; thence
N 890 27' 19" W, 220.00 feet; thence N 000 18' 05" E,
398.80 feet, to the point of beginning.
Containing 2.013 acres M.O.L.