HomeMy WebLinkAbout1433 , •
. ~ ~ 154435
SASSMSNT AND RICiST OF USTR.
This Indenture, Made this ~ day of April. 1966, by and
between 8. C. COOK & SONS, INC., a~'lorida corporati~n, with its
office and principal place of business at Haines City, Polk
County, Florida, party of the lst Part, and 8enry H. Hancock,
of the County-of Orange and State of Florida, party ~f the
2nd Part,
WITNSSSSTH: That Whereas Grantor is the awner in fee aimple
of the ~Qorth 30th feet of SW~ of SS~ of Section 26. Tawnship 34
South. Ranqe 39 $ast, St. Lucie County, Florida, on which said -
above described land is situated an irrigation canal or ditch
uaed by grantor for the irriqation and maintenance of citrua -
grove of qrantor on above described and adjoininq properties;
AND WHSRSAS, said Grantee, Henry H. Hancock, is desirous - ~
of an easement and riqht of way and user in, over and upon the
above described land, with riqht of ingress and eqress to and
user of irrigation water from said canal or ditch for the pur-
pose of irrigation of his_citrus qrove immediately adjoining '
said canal on the North thereof and which qrove is situated
within the Nt~1~ of S$~ of said section, township and range, St.
Lucie County, Florida.
NOW, T~RSFORS, for and in consideration of the sum of
$1.00 in hand paid to party of lst. part by said par~y of the
2nd part~ receipt whereof is hereby acknawledqed, and in further
consideration of the covenants and agreements herein contained
an3 as are to be performed and kept by party of 2nd part, the
said Grantor, and party of lst Part, 8. C. COOK & SONS~ INC.~_
a Florida corporation, does hereby qive and grant unto said
Grantee~ Henry 8. Hancock, party of the 2nd part~ his heirs and
assigns, an easement and right of user of irrigation water from
said canal or ditch so situated on lands of Grantor as herein.,
first described. with right of ingress and egress thereto, in
auch quantities and at such intervals and times as shall not
i interfere with Grantor's prior and superior right of user thereof~
` •it being specifically covenanted and agreed that Grantee's right
~ of user is expressly aubject to Grantor's-prior rights to water
~ therefrom and likewise subject to Grantor's preference and right
as to quantity, amount and time of user of said irrigation water
and facility, and that the subordinate right-of user herein
qranted shall in no way inter~ire with or hinder Grantor in
the exercise of its paramount and superiors riqhts and interests
as the fee awner of the lands herein first above described. ~
Provided, hawever, that this easement and right of user
is qranted upon the express condition that grantee, Henry H. ~
Hancock, his heirs and assigns, shall utilize said easement
in the manner herein set fort2z and'perform the aforesaid cov-
enants as on his part hereby made and entered into, according
to the true intent and meaning thereof, then and in such
t
` -
~ aooK~bS ~~430
~ _ _ _
~ T" ~~~F ~ ~
` ~ ~