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Home My WebLink AboutTermination of Perpetual Easement - Seaport Oceanfront 5-7-15 (' [EN 20150S1073 OR BK 7361 PAGE 2205. C�1 b Recorded 05/07/2015 at 12:50 PM:Scott Ek.Clerk of Court. cP° r 32.6j"Z9� Brevard�_o�_ fy C yr1'�V ar a-� ►" tt Pg:: C Prepared by and return to: Kimberly R. Kopp, Assistant City Attorney Brown, Garganese, Weiss& D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407)425-9566 TERMINATION OF PERPETUAL PUBLIC BEACH ACCESS EASEMENT THIS TERMINATION OF PERPETUAL PUBLIC BEACH ACCESS EASEMENT ("Termination Agreement") is made and entered into this 5th day of May , 2015, by and between THE SEAPORT OCEANFRONT CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit association, whose address is 120 Seaport Blvd., Cape Canaveral, Florida, 32920 ("Association"), and THE CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920 ("City"). WITNESSETH: Whereas, the Association and the City previously entered into that certain Perpetual Public Beach Access Easement Agreement, dated March 4, 2003, and recorded in Brevard County Official Record Book 4860, Page 2082 (Easement Agreement"); and Whereas, the parties have determined that the beach access easement is no longer needed or necessary and therefore, the parties now desire to terminate the Easement Agreement. NOW, THEREFORE, for good, valuable and sufficient consideration, receipt of which is acknowledged by the parties hereto, including but not limited to the covenants herein contained, it is agreed to as follows: 1. Recitals. The aforementioned recitals are true and correct and are hereby fully incorporated herein by this reference and are a material part of this Termination Agreement. 2. Termination of Easement.The Easement Agreement recorded in Brevard County Official Record Book 4860, Page 2082, is hereby deemed terminated and no longer in full force and effect. The parties shall have no further obligation or responsibility under the Easement Agreement which is also hereby deemed terminated of record and no longer binding upon the subject property. 3. Recordation. The City shall record this Termination Agreement in the Official Records of Brevard County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date first written above. Witnesses: ASSOCIATION: THE SEAPORT OCEANFRONT CONDOMINIUM /( ASSOCIATION, INC. Print Name: ArZrirr,- By: �` 1 / eL.— C4gtiad--- ohn LaBella, President Print Name: C-1,2/11j Termination of Perpetual Public Beach Access Agreement City of Cape Canaveral/Seaport Oceanfront Condominium Association Page 1 of 2 • Witnesses: THE CITY OF CAPE CANAVERAL Print ame: 14/19 (a Appel-sem By. ,'_ C G ,,,��Q,Q d Rocky Randels, M yor tT\-1tiQ, Print Name: Vim m Mc `\`-kAc� • STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 39,4day ofJ h/ _, 2015, by John LaBella, President of The Seaport Oceanfront Condominium Association, Inc., a Florida not-for-profit corporation, on behalf of the corporation who is personally known to me. °-/e1,174"4 hi 0--)64) NOTAR / My commission expires `lia/2-04g •••O,'qr 4,z,�' ELIZABETH M.WALSH 0 ' •r , Notary Public-State of Florida My Comm.Expires Oct 12.2018 °•;;ot� ;P'• Commission#FF 132511 ' STATE OF FLORIDA • COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of /0.42-g , 2015, by Rocky Randels, Mayor of the City of Cape Canaveral, a Florida municipal corpation, on I b&half of the corporation who is personally known to me. /-- • MIA 60FORTH `O`Ppv P`8.,, NO ARY � ;r —,1,c. Notary Public-State of Florida .4, '1'1; My Comm.Expires May 16,2017 MyCommission fres s. II off: Commission #EE 866939 expires �� .;'�%•° ,d',• Bonded Through National Notary Assn. Termination of Perpetual Public Beach Access Agreement City of Cape Canaveral/Seaport Oceanfront Condominium Association Page 2 of 2