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BILL HOWARD HUNT ~ -!. ~ ... . (IJ I "',' ~;' l O-f~.~ ...,;;': ,;: 811902'-3 I Q,R.5 280 PAGE 882 ~) '1 . _,), , 'ilOL~,n Chg )"~"'-'(~1~~cdS:. ~~ 43 lnt ~ Tot d~V~~ f_., .J;:\ rO'~~, l'I1ftll:';." ,. .... ~,..-.,,;:"'- ,,;;. """- 1.. (j~ ~tJ.~_.:'i~},~Y~4!t. ~11...~.[J~ .~)~t5lf",~ 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 : Iii I, 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; '-ci.c~ : cL c <i:l \.\:><5U ,~~ u C ~~ ~ i ~ EASEMENTS FOR PARKING AND PEDESTRIAN AND VEHICULAR TRAFFIC . c c.. :~~ ~ ~~ . 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. ~ . CC:, v,..,.". ,:',1U;U:,'Ju.\,j: I '/Y/ ' ," ((vU) U-i,Lt ' ~} [.,-\'\.0., 'v~,,_.- .! '? /0::?/J . r,/e,.. , (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 Suite 'E' ~~~~SUrT7l~P't Point :R.9adr.:; ~ Sf -6~ ~~tM:>rr:,. ,fl. 33'5J 5 < ,~, ~ , '. I I 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 - 2 - ",... , . I I ' 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. J delivered in BILL HOWARD HUNT ~~~~ ~~~'tu (~ : ~~~~~~~:... '", ~ AttotS: . P ~;;:---7.'"'t'l1 'J jJ.=:' I- " .~",~~ ci ty o"C'lelif ~".- J ". . " ...... :: I, ~~ i!~---'~~,J -'-~ .,;i-. ~ -:'~:? .::~ ~.: --\;r''''~ ',: ~ "rtt--~.;&'eo~Ektness: .t:.'-' .. -........ d ....J .........._... ,:.: ./ -.~ ~ By ci~~ne:7~ 6~.-CA Mayor-Commlssloner ' .,;~ -- ,., '" '"..', '. 3 - :'~~:'\~F~ I I 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. ~-~ otary Public ..' "t, ..'- ...,'~ r".~' ..., ,. jJ My 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 ' ~o(.w_c .fr U':."; ;";):'1 "tki~L 1 ~ ~S I L .t~DER\iiRJ TE ,f ~: ~ ~j .;, ~ I , " /, '>, -;-~.... STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this tL~ 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. ~f11~+~::.. Notary pubt~T~ ~ ~. My commission expires: aotary Public, State of Aorida ti.'j lo:n:nission Expires July 5, 1935 Ii , ~' ..I H...u T rt'l.... FAin - Insurance, Inc. .. ,,;'.,....r:..' "'" "', ,':, D ,~ F' '-. 't . - 4 - 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 I 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 , I IO,R.51'Op~GE a.8 Hunt Lega Is 7/13/81 EXHIBIT B (Parcel 2) L IBKARY SITE: ... '1 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, \ 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 r I t ., ~ .r r I O,R, 5280 PAGE JULY 23, 1981 889 .. . I 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.