804
AGREEMENT
THIS AGREEMENT, Made this May 7, 1963, by and between
JOHN M. BOYETT and wife, DOROTHY E. BOYETT, First Parties, and
CITY OF CLERMONT, a Municipal Corporation, Second Party, all of
Lake County, Florida, WITNESSETH:
WHEREAS, First Parties are the owners of the following described
real property in Clermont, Lake County, Florida:
Lots 258 to 269, inclusive, as represented
on the OFFICIA L MAP of the City of Clermont,
filed 2/4/26 and recorded in Plat Book 8,
pages 17 to 23, inclusive, Public Records
.of Lake County, Florida, LESS and EXCEPT,
Fractional Lots 258 and 268 lying within
the right-of-way of State Road 50, and
Fractional Lot 269 lying within and North
of the right-of-way of State Road 50
and the Second Party has requested of the First Parties that they grant an
easement for right-of-way for an alleyway extending East and West between
Bloxam Avenue and Hampton Street across the North 20 feet of Lots 261 to
265, inclusive; or across the South 20 feet of Lots 261 and 266, and,
WHEREAS, First Parties plan to develop the lands South of State
Road 50 (they also own the lands North of State Road 50 and South of
Almond Street which will be developed) but have not decided as to the type
of development that will be made on the lots South of State Road 50, but
want to assure the Second Party that such an alleyway will be available
when they begin the development of the property' or will be preserved to
the Second Party in the event they sell or dispose of said above described
lots; THEREFORE,
In consideration of ONE ($1. 00) DOLLAR and other valuable consider-
ations paid by the Second Party to the First Parties, the receipt of which
is hereby acknowledged by the First Parties, these parties do hereby
MUTUALLY AGREE:
1. That at the time the First Parties begin the development of
the above described pr'operty they will grant and convey to the Second Party
an easement or right-of-way for an alleyway which shall be located across
the North 20 feet of Lots 262 to 265 inclusive, or across the South 20 feet
of Lots 261 and 266, as above more fully described.
2. That said grant or easement will give the Second Party the right
to grade, pave, improve, or otherwise maintain and repair the said alley-
way in perpetuity, and said Second Party may construct, install and main-
tain and repair underground pipelines, and over-head transmission lines
for all utilities, services provided by said Second Party, or by any other
person, firm or corporation under a franchise from the Second Party.
3. That in the event First Parties should sell or convey any part
or parcel of Lots 261 to 266 inclusive, such conveyance shall be made .
subject to the terms and conditions as this Agreement.
4. In the event said grant or easement or right-of-way is conveyed
to the Second Party and the Second Party fails to build, or construct said
alleyway, or if after so built or constructed, the Second Party closes or
abandons same, the Second Party agrees that it will enter into an agreement
with the First Parties to annul, cancel, and revoke this Agreement. Further,
that during the existance of this Agreement and during the existance of the
grant, easement or right-of-way hereinable provided for, the Second Party
will pay all real property taxes on the lands embraced within said grant,
easement or right-of-way.
5. This Agreement shall be binding upon and shall inure to the
benefit of the heirs, executors, administrators, assigns and successors
of the respective parties hereto.
IN WITNESS WHEREOF, the CITY OF CLERMONT has caused its
common seal to be hereunto affixed, and the said First Parties have here-
unto set their hands and seals, all as of the day and year first above written.
WITNESSES:
As to First Parties
(SEAL)
(SEA L)
CITY OF CLERMONT
By
STATE OF FLORIDA,
I HEREBY CERTIFY, That on this day personally appeared before me,
an officer duly authorized to administer oaths and take acknowledgments,
JOHN M. BOYETT and wife, DOROTHY E. BOYETT, First Parties, to me
well known to be the persons described in and who executed the foregoing
instrument and acknowledged before me that they executed the same freely
and voluntarily for the purposes therein expressed.
.
-2-
WITNESS my hand and official seal in the County and State last
aforesaid this 7th day of May, 1963.
State of Florida t large
COUNTY OF LAKE.
I, an officer authorized to take acknowledgments according to the
laws of the State of Florida, duly qualified and acting, HEREBY CERTIFY
that Joseph Bon Jorn and A. M. Johnson, respectively as Mayor and City
Clerk of CITY OF CLERMONT, a Municipal Corporation, to me person-
ally known, this day acknowledged before me that they executed the fore-
going instrument as such May and City Clerk of said Municipal Corporation,
and that they affixed thereto the official seal of said Municipal Corporation;
and I FURTHER CERTIFY that I know the said persons making said ac-
knowledgment to be the individuals described in and who executed the said
instrument
IN WITNESS WHEREOF, I hereunto set my hand and official seal
in the County and State last aforesaid this 22nd day of May, 1963