Lewis St.-53 & 55 easement Doc # 2012147837, OR BK 16001 Page 1372,
Prepared by and after Number Pages: 8
recording return to: Recorded 07.16/2012 at 11:00 AM,
Alexandra Griffin, Esq. JIM FULLER CLERK CIRCUIT COURT DUVAL
COUNTY
Head, Moss & Fulton, P.A. RECORDING 569.50
1530 Business Center Drive, Suite 4 DEED DOC ST $0.70
Fleming Island, FL 32003
RECIPROCAL DRAINAGE AND UTILITIES EASEMENT AGREEMENT
THIS RECIPROCAL DRAINAGE AND UTILITIES EASEMENT AGREEMENT (this
"Agreement ") is entered into this 1. day of" �� A , 2012, by and between Progress Home
Buyers, LLC, a Florida limited liability company ( "Progress Lot 13 "), and Progress Home
Buyers, LLC, a Florida limited liability company ( "Progress Lot 12 ").
WITNESSETH:
1. Progress Lot 13 owns certain real property located in Duval County, Florida,
which is more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof (the "Lot 13 Property ") which lies adjacent to certain real property owned by
Progress Lot 12, which is more particularly described in Exhibit "B" attached hereto and by this
reference made a part hereof (the "Lot 12 Property ").
2. Progress Lot 13 and Progress Lot 12 desire to create and establish reciprocal
drainage and utility easements for the benefit of the Lot 13 Property and the Lot 12 Property.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
1. Progress Lot 13's Grant of Drainage Easement for Benefit of Lot 12 Property.
Subject to the terms and conditions hereinafter provided, Progress Lot 13 hereby grants to
Progress Lot 12 a non - exclusive permanent drainage and utilities easement to channel and flow
storm drainage and utilities from Lot 13 Property described in Exhibit A, including the right to
install, construct, operate, maintain, repair, and remove storm water drainage lines and all other
drainage related structures as may be necessary or convenient for storm water drainage from Lot
13 Property over and upon the real property described on Exhibit 1 attached hereto (the
"Easement Area Lot 13 "); together with rights of ingress and egress on and over the Easement
Area as necessary for the use and enjoyment of the easement herein granted. Progress Lot 12
shall not use or permit the use of the Easement Area Lot 13 for any purpose which is unlawful,
which violates any applicable federal, state, county, municipal or other governmental authority's
laws, ordinances, rules or regulations, or which creates a nuisance.
2. Progress Lot 12's Grant of Drainage Easement for Benefit of Lot 13 Property.
Subject to the terms and conditions hereinafter provided, Progress Lot 12 hereby grants to
Progress Lot 13 a non- exclusive permanent drainage and utilities easement to channel and flow
storm drainage and utilities from Lot 12 Property described in Exhibit B, including the right to
install, construct, operate, maintain, repair, and remove storm water drainage lines and all other
drainage related structures as may be necessary or convenient for storm water drainage from Lot
12 Property over and upon the real property described on Exhibit 2 attached hereto (the
"Easement Area Lot 12 "); together with rights of ingress and egress on and over the Easement
Area as necessary for the use and enjoyment of the easement herein granted. Progress Lot 13
shall not use or permit the use of the Easement Area Lot 12 for any purpose which is unlawful,
which violates any applicable federal, state, county, municipal or other governmental authority's
laws, ordinances, rules or regulations, or which creates a nuisance.
3. Care and Maintenance of Easements. Progress Lot 12 and Progress Lot 13,
shall keep, maintain and repair the easement area located on their property, or cause the same to
be kept, maintained and repaired. Progress Lot 12 and Progress Lot 13 shall share equally any
expense to maintain or repair the easement area. The easements shall be maintained in a good
and safe state of repair and in a clean and orderly condition. In performing any maintenance,
repair or improvement to its property, Progress Lot 12 and Progress Lot 13 shall do so in such a
manner as to minimally obstruct the use of the respective easements.
4. No Dedication to Public Use. This Agreement is not intended, and shall not be
construed, to dedicate the Lot 12 Property or the Lot 13 Property, or any portion thereof, to the
general public, nor shall this Agreement be construed to restrict the use of the Lot 12 Property
and the Lot 13 Property in any way except as expressly provided herein. No person other than a
party hereto and their successors and assigns in title to the property affected thereby shall have
any rights hereunder either as a third party beneficiary or otherwise.
5. Covenants Running with the Land; Successors and Assigns. The Easement
Area Lot 12 and Easement Area Lot 13 shall be non - exclusive, run with the title to and be
pertinent to, respectively, the Lot 12 Property and Lot 13 Property, and, except as hereinafter set
forth, shall run with the title to said lands forever and be binding upon and inure to the benefit of
and be enforceable by the heirs, legal representatives, successors and assigns of the parties
hereto. All obligations of Progress Lot 12 and Progress Lot 13 hereunder shall be binding upon
their respective successors in title and assigns; provided, however, that the covenants and
obligations herein are only personal to and enforceable against the parties or successors in title,
as the case may be, owning title to the respective properties at the time any liability or claim
arising under this Agreement shall have accrued, it being intended that upon the conveyance of
title by a party, the party conveying title shall thereupon be released of any liability hereunder as
to the property conveyed for any breach or disagreement or claim arising under this Agreement
accruing after the date of such conveyance.
6. Attorneys' Fees and Costs. The prevailing party in any litigation initiated or
defended by either Progress Lot 12 or Progress Lot 13 shall be entitled to recover all costs and
expenses incurred to enforce this Agreement, including, without limitation, reasonable attorneys'
fees, whether incurred during negotiation, trial or on appeal.
7. Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall constitute
one and the same instrument.
8. Law to Govern. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida.
9. Entire Agreement. This Agreement constitutes the entire agreement between
the parties and understanding between the parties relating to the subject matter hereof and may
not be amended, waived or discharged except by instrument in writing, executed by Progress Lot
12 and Progress Lot 13.
10. Title Search. This Reciprocal Drainage and Utilities Easement Agreement was
prepared without the benefit of a title search.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above- written.
Progress Home Buyers, LLC, a Florida limited
liability company
C,SYTVt 4. r By 0
Print Name: -- .(- :,ri{ C Print Name: Adam Rigel
Its: Manager
Cif
Print Name: FA <c- 7, pc /
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this l3 r elay of July, 2012, by
Adam Rigel as Manager of Progress Home Buyers, LLC, LLC, a Florida limited liability
company, on behalf of the company, who is personally known to me or who has produced
u 1 .►f%j °� as identification.
State of Florida
No tary Public Notary 1tmlrc ate and C my Aforesaid
Kasandra Joyner
My Commission EE087210
c Expires 07/04(2015
Progress Home Buyers, LLC, a Florida limited
liability company
i lr ?k • i,,,,,_",,, By`�'
. :07'-1 =�`` .
Print Name: O -. �Q ,�� � : Print int Name: Adam Rigel
Its: Manager
Print Name: (ro , 'c 571 /c�
STATE OF FLORIDA
COUNTY O J
The foregoing instrument was acknowledged before me thist ? day of July, 2012, by
Adam Rigel as Manager of Progress Home Buyers, LLC, LLC, a Florida limited liability
company, on behalf of the company, who is personally known to me or who has produced
�-,`‘. r� L ; ('pal e' as identification.
i _ 1*
Notary Public, State and Cou ty Aforesaid
x . 0 0
x Notary Public State of Florida
Kasandra Joyner
• My Commission EE097210
% Expires 07/04/2015
Exhibit "A"
Legal Description of the Lot 13 Property
LOT 13, BLOCK 2, DONNER'S REPLAT, AS RECORDED IN PLAT BOOK 19, PAGE 16,
OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. SUBJECT TO A
6.0' EASEMENT FOR DRAINAGE AND UTILTIES ALONG THE EASTERLY LINE
THEREOF.
1
Exhibit "B"
Legal Description of the Lot 12 Property
LOT 12, BLOCK 2, DONNER'S REPLAT, AS RECORDED IN PLAT BOOK 19, PAGE 16,
OF TI -IE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. SUBJECT TO A
6.0' EASEMENT FOR DRAINAGE AND UTILTIES ALONG THE WESTERLY LINE
THEREOF.
Exhibit I
MAP SHOWING TOPOGRAPHIC SURVEY OF
LOT 13, BLOCK 2, DONNER'S REPLAT, AS RECORDED IN PLAT
BOOK 19, PAGE. 16, OF THE CURRENT PUBLIC RECORDS OF
DUVAL COUNTY, FLORIDA. SUBJECT TO A 6.0' EASEMENT FOR
DRAINAGE AND UTILTIES ALONG THE EASTERLY LINE THEREOF.
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Exhibit 2 .
MAP SHOWING TOPOGRAPHIC SURVEY OF
LOT 12, BLOCK 2, DONNER'S REPLAT, AS RECORDED IN PLAT
BOOK 19, PAGE 16, OF THE CURRENT PUBLIC RECORDS OF
DUVAL COUNTY, FLORIDA. SUBJECT TO 6.0 FOOT EASEMENT FOR
DRAINAGE AND UTILITES ALONG THE WESTERLY LINE THEREOF.
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CHECKED BY: RJJ CAD FILE: 12094-A,DWG FB 918, PGS 18-20
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