HomeMy WebLinkAbout1996 Rec 1~ S--~-- DOVOI.A9 DTXON
10 2 2 5 7 9 Add Fe~ 1 8~ L~_dc •
~y
nt TC~x =~a~k oi 'reuit Cuun
ax i ,~~,,,,o...,.~~ G--
EASEMENT ACREEMENT TRIANGCI~AR PARCE ~ D~j~? C1~rit
THIS EASEMENT ~GREEMENT (TRIANGULAR PARCEL)
(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
"Grant~e"), whose post office address is P.O. Box 257, Oviedo,
Florida 32765.
(Wherever used h~rein, the terms "Grantor"
and "Grantee" include all the parties to this
instrument and their assigns and successors-
in-interest and title.)
Ia I T N E S S E T H•
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
WHEREAS, Grantee is the fee simple owner of that
certain parcel of real praperty situated in St. Lucie County,
Florida, more particularly described in Exhibit "B", attached
hereto and made a part hereof (hereinafter called the "Dominant
Estate"), which Dominant Estate is ad~acent to the north of the
Servient Estate; and
wHEREAS, Grantor desires to give, grant and convey unto
Grantee a perpetual, non-exclusive easement for ingress and
egress over, upon and across the Servient Estate, as more
i particularly described hereinbelow.
NOW, THEREFORE, for and in consideration of the sum of
~ Ten Dollars ($10.00) and for other good and valuable
i consideration not herein recited but hereby receipted for, the
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 a11 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, upon and across the Servient Estate, which Grantee
may use, pass and repass, whether by vehicular or pedestrian
passage, from and to the Dominant Estate to and from the publicly
dedicated right-of-way known as Gatlin Boulevard. The easement
granted and conveyed hereunder shall in no way limit, impair or
otherwise affect any other easements, rights or privileges
affecting the Servient Estate.
3. Grantee shall at a21 times indemnify, defend and
hold Grantor harmless with respect to the Servient Estate, from
and against any and all claims, liabilities, losses, costs,
damages and expenses (including reasonable attorneys' fees
whether incurred at or before the trial level or in any appellate
or bankruptcy proceedings) which Grantor may sufFer, sustain or
incur bg reason of death, personal injury or property damage
caused by acts or omissions of Grantee in connection wi.th the
exercise or u~ilization of the easements and/or rights specified
herein with respect to the Servient Estate.
4. The easements, rights, and indemnifications
granted herein shall be covenants running with the land which
shall be binding upon a;~d inure to the benefit of Grantor and its
successors and assigns, including, but not limited to, any
successor in title in and to all or any portion of the Servient
bO~K 675 ~~96