HomeMy WebLinkAbout2096 drainage canals 103 and 107 and shall maintain and
operate same in such manner as in no way to hinder or
prevent the proper planting and cultivation of said ~
premises or the use thereof for live stock qrazing
and ranch purposes, and shall bear and pay all cost
and expense incident thereto and in connection
therewith, it being distinctly understood and hereby
expressly agreed that any and all fences and grounds -
removed or distrubed by th~ said party of the first
part or its successor in interest for or in connection
with the maintenance and operation of said canals
shall be restored to their former condition by the
said party of the first part or its successor in
interest and at no cost or expense to the said
parties of the second part, or their respective
heirs or assigns; That the said parties of the second
part, and their respective heirs and assigns, shall
at all times.have the right and privilege to freely -
use and enjoy the drainage water flowing through said
canals 103.and 107 for the irrigation of the above
granted premi~ses and for live stock grazing and ranch .
purposes thereon; That the said parties of the
second part, and their respective heirs and assigns,
aqents, servants, employees and live stock including
the agents, servants, employees and live stock af any
subsequent owner or lessee of the above granted ~
premises, shall at all times have the right and
privilege to freely and uninterruptedly cross and
re-cross; pass and re-pass, travel and go over, on,
upon and in each of said canals, their banks and rights-
of-way, except, however, that na cattle shall be
permitted to freely enter, and the said parties of
the second part, and their respective heirs and assigns,
shall build and at all times maintain a fence and
install such gates~sufficient to prevent the free
entry of all cattle, from the North side into that
portion of said canal 107 lying between the West
right-of-way of the Florida East Coast Railway
Company's Fort Pierce-Glades Cutoff and the ~ilest
boundary of said premises; That the said party of
the first part shall always have the privilege of
building and maintaining along the South line of that
portion-of canal 107 lying West of said railroad
right-of-way a fence sufficient to prevent the free
entry of all cattle therein, but it is distinctZy
understood and expressly agreed that nothing herein
contained shall be construed so as to restrict or
prevent the said parties of the second part, and
their respective heirs and assigns, from driving
~ their cattle across said portion of said canal, as
; well as the cattle of any subsequent owner or lessee
; of said premises; That the said parties of the
` second part, and their respective heirs and assigns,
e shall build and perpetually maintain a fence sufficient
~ to prevent the passage of all cattle across the dam as
now constructed on the South side of canal 107 and
located about one-half mile East of said railroad right-
of-way; That all covenants and agreements herein
contained shall run with the above granted premises
and shall extend to and be binding upon the l~irs,
assigns and legal representatives of the parties
hereto;
(herein called "Covenants and Agreements"); and
~
~ wH~Tt~i~, tne L1SLLi(~L anu ~eiie~a~ uc5ire to termir,ate the
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Covenants and Agreements, and all rights and obligations arising
therefrom, insofar as they affect the Property; and
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