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~ whatever purpose said land from time to time lawfully may be used
and enjoyed, to pass and repass along the roadways more partic-
ularly described as follows:
Bay Colony Drive and N. W. Bay Colony Court as shown
on the plats of Bay Colony of Stuart and Bay Colony
of Stuart, First Addition, as recorded in Plat Book
7 at Page 56, of the Public~Record~ of Martin County,
Florida and Plat Book 19 at Pages 1 and 7 of the
Public Records of St. Lucie County, Florida.
TO HAVE AND TO HOLD the easement or right-of-way hereby
granted to Grantee as an appurtenance to the land of Grantee situate
between Lots 16 and 17 of Bay Colony of Stuart Subdivision identified
as "not included" on the plat of said subdivision recorded in Plat
Book 19 at Page 1 of the Public Records of St. Lucie County, Florida.
It is understood that this easement is given upon the express
understanding and condition that it may be used by Grantor and the
members of Grantor, their tenants, servants, visitors and licensees, '
in conjunction with the use of Grantee.
It is f~rther understood that neither Grantor nor any of its
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members shall have any direct responsiblity to Grantee to improve,
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~ maintain or to keep said roadways in repair; nor do Grantor or any
of its members assume any liability or responsibility to Grantee or
an erson usin the aforementioned roadwa s b invitation, ex ressed
Y P g Y Y P
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i or implied, or by reason of any business conducted with Grantee.
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~ It is further understood that this easement is given upon the
~ express understanding and condition that the use by Grantee shall
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~ not be of such a nature as to become an annoyance or nuisance to
~ the members of Grantor and that Grantee, his tenants, servants,
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` visitors and licensees, shall not cause vehicles or equipment to pass `
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~ over the above-described roadways (such as but not limited to heavy +
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~ equipment or equipment that maneuvers by means of treads rather than '
rubber-tired wheels) that exceed the design limitations of the ~
~ existing road bed for said roadways. ~
~ Grantee by acceptance of this Grant of Easement hereby agrees
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that in the event of litigation by Grantor or any of its members to
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~ enforce the foregoing conditions, which shall run with and at all
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~ times be a part of this G=ant of Easement, the prevailing party shall
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~ s~` 474 Pac~ 2
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