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803AGREEMENT THIS AGREEMENT, Made this May 7, 1963, by and between FRED L. WOLFE and wife, DOROTHY E. WOLFE, 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 de- scribed real property in Clermont, Lake County, Florida: Lot 340, CLERMONT HEIGHTS, as represented on the Official 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 and the Second Party has requested the granting of an easement over the South 20 feet of the above described Lot 340 for the construction of an alleyway. This request is made as the land is being re-zoned to a C-1 Commercial Zone and the City wants an alley at the real of all Com- mercial Zones. WHEREAS, First Parties plan to develop the property at a future date and will then convey the easement to Second Party over the South 20 feet of the above described Lot 340. If, the First Parties, sell and convey the whole or any part of said Lot 340 before developing same they will grant and convey said easement to Second Party; there- fore, In consideration of other valuable considerations and ONE AND NO/lOO ($1. 00) DOLLARS paid to First Parties by Second Party, these parties MUTUALLY AGREE: 1. That at the time the First Parties begin the development of the above described property or before selling the above described Lot 340, they will grant and convey to the Second Party an easement or right of way for an alleyway across the South 20 feet of said Lot 340. 2. That said grant or easement will give the Second Party the right to grade, pave, improve, or otherwise maintain and repair the said alleyway in perpetuity, and the Second Party may construct, in- stall and maintain and repair underground pipelines or overhead trans- mission lines for utilities, either provided and serviced by the Second Party or by some other person, firm or corporation having a franchise to furnish same granted by the Second Party. 3. That during the term of the easement, when so granted and conveyed, the second party will assume and pay all taxes duly levied and assessed on the lands embraced within the area of said easement. .. 4. The granting of the easement will not establish the North boundary of the easement as the rear lot line as defined under the Zon- ing Ordinances of the City of Clermont. The rear lot line will be the South boundary of the easement irrespective of the terms of said ord- inance. 5. If the Second Party fails, within five (5) years from date to construct said alleyway or use same for utility lines, or if after so constructed and used should abandon, close and vacate same then, in either event, Second Party will join First Parties in cancelling this Agreement. . 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. I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, FRED L. WOLFE and wife, DOROTHY D. WOLFE, First Parties, to me well known to be the person described and who executed the foregoing in- instrument and acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal in the County and State last afore- said this 7th day of MAY, 1963. WITNESS: STATE OF FLORIDA, STATE OF FLORIDA, COUNTY OF LAKE. I HEREBY CERTIFY that on this day before me, an officer duly . -2- qualified to take acknowledgments personally appeared JOSEPH BON JORN and A. M. JOHNSON, respectively as Mayor and City Clerk of CITY OF CLERMONT, a Municipal Corporation under the laws of the State of Florida, and acknowledged that they executed the foregoing instrument for and on behalf of the said Municipal Corporation, as and for its act and deed for the uses and purposes therein expressed, and the said City Clerk further acknowledged that he affixed the seal of the said Municipal Corporation to said instrument; that the seal thereto affixed is, in fact, the seal of the said Municipal Corporation, and that the seal was affixed pursuant to due and legal corporate authority. WITNESS my hand and official seal this 22nd day of May, 1963