HomeMy WebLinkAbout0900 WHEREAS, Association is simultaneously with this ~greement,
granting to Royal an easement to use said Canal No. 3 for drainage
Purposes. .
NOW THEREFORE, in consideration of ~ Association grantfng to
Royal the aforesaid drainage easement as well as the sum of One Uollar
and other good and valuable consideration in hand paid unto each party
by the other, the receipt whereof is hereby acknowledged, it is hereby
contracted and agreed by and between the parties hereto as follows:
1. Royal agreea that it shall clean out by dragline those two
certain North-South canals owned by Association in Lakewood Park Sub-
division; said canals being known as Canal No. 4 and Canal No. 5 and
extending Northerly from the north boundary of Fort Pierce Drainage
District to their respective terminal points. Said Canal No. 4, being
indicated in green color and said Canal No. 5 being indicated in yellow
color on the attached Enhibit "A". Such cleaning shall mean removal of -
undergrowth, debris and water plants so as to have water flow unimpeded
by same, but does not contemplate any channel widening or deepening ex-
cept as might occur from normal dragline operation.
2. The said cleaning out of said Canals No. 4 and No. 5 shall ~
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~ be done once only by Royal and any further or future maintenance of suc
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canals shall be the obligation of Association. Said Canals No. 4 and 5
shall be cleaned out by Roya1 either prior to or at the same time as it
cleans out or dces . other work upon said Canal No. 3 upon which Royal ~
is obtaining an easement from Association as_ hereinbefore stated.
3. When Royal commences cleaning out said canals No. 4 and
No. 5 as aforesaid, Association will see tio it that the area of operation
is suitable for dragline work. Any necessazy grading, tree removal or
bulldozer work to enable Royal's dragline to work ahall be provided by
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- Association at its expense. All material removed from said Canals No. 4
and No. 5 shall be deposited alongside said canals by Royal's dragline
and Royal shall have no duty to remove same by hauling or otherwise;
however, Roya1 shall have the right, should it so elect, to remove and 1
ROYCE R LEWIS
ATTpRNEY AT LAN aw,ay any or all of said removed material to Royal's above deacribed
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