Okaloosa County BOCC — January 21, 2014 — reading text

a. Alllinlitations and restrictions contained in this Easement Agreement; b. That certain Master Declaration of Covenants, Conditions and Restrictions for Destin West Beach and Bay Resort-Bayside, recmded, in the public records of Okaloosa County, Flmida at Book 2544, Page 4562 (the "Master Declaration"); and c. Those preserved easements and amendments of Paragraph 5 (but not those to be vacated pursuant to Paragraph 3), restrictions and other provisions of the Settlei11ent Agreement. 8. Assignment. All rights, powers and privileges herein .reserved and given to either party shall inure to the benefit of and be held by the respective successors, heirs and assigns of the parties hereto, and likewise, all liabilities and obligations imposed upon each shall be binding upon the respective successors, heirs and assigns of the paliies hereto; with such successors, heirs and assigns acquiring such rights, powers and privileges subject to the terms and conditions of the Settlement Agreement. 9. Amendment. This Agreement constitutes tbe entire Agreement ofthe parties and . may not be amended except by written instrument executed by all parties hereto. 10. Venue and Choice of Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. In the event any litigation to enforce or interpret th is Agreement, the parties hereto do hereby agree that the exclusive forum thereof shall be the Circuit Court of Okaloosa County, Florida. . Page 3 of 6 Packet Pg. 523 ,. . < I i I 1] . Headings. The paragraph headings are inserted for convenience only and are in no way inlended to ciescribe, interprel, define 01' limit the scope or content of this Agreement or any provis ion hereof. 12. Altol'l1eys Fees. In connection with any litigation, including appellate proceedings, arising out of this Agreement, the prevailing party shall be entitleci to recover reasonable attorney's fees and costs . 13 . Merger. No prior or present Agreements or representations by or between the parties shall be binding upon any of the palties hereto except those incorporated in this Agreement. IN WITNESS WHEREOF, Gl'311tor and Grantee have executed th is Easement Agreement effective as of this M day of ~ ((}!3.l~, 2010. (Corporate Seal) Signed, sealed and del ivered DESTIN WEST BEACH AND BA Y In Our presence RESORT-B A YSIDE PROPERTY OWNERS ASSOCIATION, INC, a Florida not for pr fi t corporati Witness #1 (print name below) PrInted Name . STA TE OF FLORIDA COUNTY OF OKALOOSA The fore goin g instn)l,nenl was ,cknowl ed ged befo re me In i day of 0 t C s25~h OJ b 20 10, by :J) )"Yl ti? y5 re . ofDestll1 West Beach and Bay Resort-Bayside Property Owners Association, Inc., who is personally known to me. . :\\\\\\\1 11 11 11//1/ . U ~\\\\",\)\H BO)'}IIII,!/. C';~ ; [( ~ " "'" ~ ~ ~,....I-"'-.:c..::.---,-->-<-",,-~=.._~+-_ :f ... ~~",:s3SI0N~' •• ~ NOTARY ~ UBLIC [NOTA . ,.- =:*: ~ ~ : ->...CJ ~,,\\\ .20" ~ '. .~ 'I" Ii'~ .::: <JI ~ ~ ::: '10 1.) 12 ~~ : ..... :* ~ __---'-.:./A;:.:.CJ.L!...Jl~(.J...cJ,.l.!::()_'b::::..kZ~Q.:I..__ _ __ ~ 9.... RD0868187 ..'~ '2 Printed Name of Notary ." ~ " A....- ... ,, ~ ~ ~ '9}-',. ~~~i\1:?nj\ ,,' c§:"$' ~ ,0 " ' ..n·If'O\I\~:,' ~v ~ ~'/. ~8J """" a~ ~~ II/ <Ie STlil'\:. \\'\ . 1//)//111 111\1\\\\\ Page 4 of 6 Packet Pg. 524  DESTIN W" D1ARlliAJ-LC, ,..ft,.F+ ~I a limit clliability co.'!l~, c8 &,;P , CiuAJe.... Witness #1 (print nnme below) ~ . / ~ ~d~ ". Witness # (print nnme below) S )) ;ILl e y I geM 'r:. SEAL] Printed Name of Notary Page 5 of 6 Packet Pg. 525  ,, ~. : ~1 EXHIBIT "A" A portion of Lot 23-A and Lot 23-8, S~nta Rosa Island, Subdivision of Biock 13, according to tl)6 plf,\'t tllsreof recorded In Plat Book 2., page 84 F, of the Public Records of 01<~llo()5H County, Florida, being more partiGUlclrly described as oommenclng al the Southeai31 corner of said Lot 2:~-A; thence run North 04°08'00" East along .the Easterly boundary of Lot 23-A per said plat, bOI'derlng Ninth 868Cl1 Freeway, 82,00 feet to a concrete monument (no #), on the North rlght-of-wl;1y line of U,S, Highway 98 (as It exists in 2003), for i~ Point of 8eglnnlng; thenCB North 85°52'00" West (reference bearing) along salel right-of-way line, 613.45 feet to an Iron pin (#2032); 1hence departing said right-of~ way line, North 08°14'18" E~sl, 655,73 feet 10 a concrete monument (H3027) which is South 08·14'18" West, 13 fsst, mora or less, from the water's edge of Chodawhatchee Bay; thence traverse South 76°32'16" East, 681,36 feet, to C\ point on the EasttJrly bounda.ry of Lot 23·8; thence South 04°08'03" West <:\Iong sC1id EOlsterly boundary, . 460,08 feet, more or less, 10 the Point of Beginning , Containing 7,32 aores, more or less, all in undivided Township 2 South, Range 23 West, Okaloosa County, Florida; lESS AND EXOEPT: All of Sandpiper at Destin West 8each and Bay Resort, a Condominium, according to the Deolaration of Condominium reoorded on July 5, 2004, In Official Records 800k 2544, page 4612, In the Publlo Reoords of Okaloosa County, Florida; and AJI of P€llican at Delstln West Beaoh and Bay Resoli, a Condominium, according to th~ Declaration of Condomlnlum recorded on October 6, 2004, in Offioifill Records Bool< 2566, page 2972, In the Public R.ecords of Okaloosa County, Florida; and · All of Heron at Destin West Beach (3nd Bay Resort, a Condominium, according tei the DeclarAtion of Condominium recorded on June 6, 2006, In Official Records Book 2713, page 895, In the Public Records of Ol<aloosa County, Florida; and All of Osprey at Destin West Beach \3nd 8ay Resort, a Condominium, 2tccording to the Declaration of Condominium recorded on April 24, 200B, in Offiolal Records Book 2703, page 677, In the Public Records of 01<0110058 County, Florlds.; filnd All of ilt .Destlt'l West Office Building, a CondomInium, aoco(dihg to the DeclE1rstion · of Condo,rninlum re.corded on December iLl, 2006, In Official Records Book 2754, pag~ 3470, In the PubliC Reoords of 01<8100s8 COLlnly, Florida, Page 6 of 6 Packet Pg. 526  . II! .• EXHIl3iT ":-' .~ A" II .~ ~ ..... ...., I .... ~--- '" ) I -.- -... J .". L. f- a -..J PARCEL III PARCEL II 1[. I . Poe ~1 PARCEl. III (IlEITRENq: BEAIlIIIG) N8S " 2'OO ' W (P) ,1.1 J99 .83' F) .:f ~" R/W UNi .8 18 ~1l 81.8