HomeMy WebLinkAbout1955 ~ 10 2'2 5 7? flot~~ nncn~` .
A~jd t~•Pe j_____ g~ Lucie Crunty
I~ ' ` (~ierk of Circuit Court
1~;, ; S By
BORROW CANAL DRA I NAGE , I RR I GAT I ON A~ _I C~lek
INGRESS~EGRESS EAS~MENT AGREEMENT
THIS BORROW C1~?NAL DRAINAGE, IRRIGATION AND
INGRESS/EGRESS EASEMENT AGREEMENT (hereinafter called the
"Easement") is made as of the ~ day of January, 1990 by
HORIZONS ST. LUCIE GROVES ASSOCIATES, a Florida partnership
(hereinafter called the "Grantor"), and A. DUDA & SONS, INC., a
Florida corporation (hereinafter called the "Grantee"), whose
post office address is P.O. Box 257, Oviedo, Florida 32765.
(Wherever used herein, the terms "Grantor"
and "Grantee" include all the parties to this
instrument and their assigns and successors-
in-interest and title.)
W I T N E S S E T H•
WHEREAS, Grantor is the fee simple owner of those
certain parcels of real property situated in St. Lucie County,
Florida, commonly referred to as the "Borrow Canal", toqether
with those certain parcels contiguous thereto, all as more
particularly described in Exhibit '~A", attached hereto and made a
part hereof (hereinafter collectively called the "Servient
Estate"); and
WHEREAS, Grantee is the fee simple owner of that
certain real property situated in St. Lucie County, Florida, more
particularly described in Exhibit "B", attached hereto and made a
! part hereof (hereinafter called the "Dominant Estate"); and
WHEREAS, Grantor desires to give, grant and convey
unto Grantee a perpetual, non-exclusive easement for irrigation
and drainage over, under, upon, through, within and across the
existing ditches and canals located on and within a portion of
the Servient Estate, toqether with a perpetual, non-exc?.usive
~ easement for ingress and egress over and upon a portion of the
! Servient Estate, aIl for the benefit of the Dominant Estate, all
~ as more particularly described hereinbelow.
~
~ NOW, THEREFORE, for and in consideration of the sum of
Ten Dollars ($10.00) and for other good and valuable
~ consideration not herein recited but hereby receipted for, the
i sufficiency of which consideration is hereby acknowledged, the
~ parties do hereby agree as follows:
; 1. The recitals set forth hereinabove are true and
~ correct in all respects and are incorporated herein as fully as
~ if set forth herein verba~im.
~
~ 2. Grantor hereby gives, grants and conveys unto
~ Grantee a perpetual, non-exclusive easement for irrigation and
~ drainage over, under, upon, through, within and across the
~ existing ditches and canals located on and within that certain
; portion of the Servient Estate consistinq of those certain
~ parcels described in Exhibit "C", attached hereto and made a part
~ hereof {hereinafter collectively called the "D/I Easement
~ Property"~, together with a non-exclusive easement for ingress
s and egress over and upon that certain portion of the Servient
Estate consisting of those certain parcels desc=ibed in Exhibit
"D", attached hereto and made a part hereof for the purpose of
permitting Grantee, at its option, to gain access to the D/I
Easement Property to clean the canal or canals, ditch or ditches,
lying within the D/I Easement Property. When cleaninq said canal
or canals, or ditch or ditches, Grantee shall not deepen or widen
said canal or canals, or ditch or ditches but shall merely clean
~ same and remove only the organic spoil therefrom. Grantee agrees
that whenever it elects to clean any canal or ditch lying within
s the D/I Easement Property, it will, at its expense, remove the
- organic spoil from the D/I Easement Property and shall not spread
the spoil within the boundaries of the Servient Estate, or any
Ba~K675 r~G~1955
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