HomeMy WebLinkAbout1982 . ~ozz5~e ~
Q L. PEACQCK INGRESS~F.rRE~S EA~EMENT ACREEMENT
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THIS O.L. PEACOCK INGRESS~EGRESS EASEMENT AGREEMENT ~
(hereinafter called the "Easement") is made as of the day of s
January, 1990 by HORIZONS ST. LUCIE GROVES ASSOCIATES, a Florida j
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, t
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: ~
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WHEREAS, Grantor is the fee simple owner of that '
certain parcel of real property situated in St. Lucie County, ;
Florida, more particularly described in Exhibit "A", attached ~
hereto and made a part hereof (hereinafter called the "Servient
Estate"); and ~
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WHEREAS, Grantee is the fee simple owner of that '
certain parcel of real property situated in St. Lucie County,
Florida, more particularly descxibed in Exhibit "a", attached ;
he=eto and made a part hereof, commonly referred to as the "A.L.
Peacock Canal" (hereinafter called the "Canal Property"); and ;
WHEREAS, Grantee is the fee simple owner of that
certain real property situated in St. Lucie County, Flarida, more
particularly described in Exhibit "C", attached hereto and made a
part hereof (hereinafter called the "Dominant Estate"); and
WhEREAS, Grantee utilizes the Canal Property for the
purposing of drainage and irrigation over, under, upon, through, _
within and across the existinq ditches and canals located on and
within the Canal Property for the benefit of the Dominant
~i Estate; and
i WHEREAS, Grantor desires to give, grant and convey unto
; Grantee a perpetual, non-exclusive easement for inqress and
E egress over and upon the Servient Estate, for the benefit of the
f Dominant Estate, all as more particularly described hereinbelow.
i
° NOW, THEREFORE, for and in consideration of the sum of
Ten Dollars ($1Q.00) and for other good and valuable
' consideration not herein recited but hereby receipted for, the
~ sufficiency of which consideration is hereby acknowledged, the
r parties do hereby agree as follows:
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~ 1. The recitals set forth hereinabove are true and
~ correct in all respects and are incorporated herein as fully as
~ if set forth herein verbatim.
,
~ 2. Grantor hereby gives, grants and conveys unto
Grantee a perpetual, non-exclusive easement for ingress and
~ egress over and upon the Servient Estate for the purpose of ;
~ permitting Grantee, at its option, to gain access to the Canal
Y Property to clean the canal or canals, ditch or ditches, lying
within the Canal Property. When cleaning said canal or canals,
or ditch or ditches, Gran*_ee 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 aqrees that
whenever it elects to clean any canal or ditch lying within the
Canal Property, it will, at its expense, remove the organic spoil ,
F from the Canal Property and shall not spread the spoil within the ~
- boundaries of the Servient Estate, or any portion of any property
~ owned by Grantor adjacent thereto, without the express prior i
° written consent of Grantor which Grantor may w thhold in its sole I
di:~cretion . Rec Fee = -~~-DOVOLA9 DiXnr' ,
~ Add Fee ~ - ~t ~.nde Cc+~,~t
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