HomeMy WebLinkAbout2002 10 2 2 5 g 0 S DOUCLAS DIXON
. _ Add re~ St [.ucie Cc~unty
D~c Tax S--- :..Z.~ Cicrk o~ '~cuit C~urt
Int Tax S ~y
F.ASEMENT CONCERNING ~QD REMQV~L ~~C~
Totttl ~ ~i ; • ~ S _
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THIS EASEMENT CONCERNING SOD REMOVAL (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,
Flarida 32765.
(Wherever used herein, the terms "Grantor"
and "Grantee" include all the parties to this
instrument and th+eir 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, more particularly described in Exhibit "A", attached
hereto and made a part hereof (hereinafter collectively called
the "Servie:~t Estate"); and
WHEREAS, Grantee has planted, or is in the process of
planting, sod upon portions of the Servient Estate; and
WHEREAS, Grantor desires to give, grant and convey
unto Grantee an easement, right and privilege, partially
exclusive and partially non-exclusive, to enter upon the Servient
Estate and plant, replant, grow, cultivate, irrigate, fertilize,
' harvest, remove, sever, transport, market and sell said sod, 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
sufficiency of which consideration is hereby acknowledged, the
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
i if set forth herein verbatim.
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i 2. Grantor hereby gives, grants and conveys unto
~ Grantee an easement, right and privilege, exercisable through its
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employees, agents and/or independent contractors, to enter ugon
~ the Servient Estate (hereinafter called the "Sod Entry Right")
to plant, replant, grow, cultivate, irrigate, fertilize, harvest,
~ remove, sever, transport, market and sell sod (hereinafter
~ collectively called the "Sod Use Right"~ from that portion of the
; Servient Estate described in Exhibit "B" attached hereto and made
~ a part hereof (hereinafter called the "5ma11 Sod Parcel") and
h that portion of the Servient Estate described in Exhibit "C"
~ attached hereto and made a part hereof (hereinafter called the
~ "Large Sod Parcel") during the period (hereinafter called the
° "Small Sod Period") from and after the date hereof through and
~ including the later to occur of (i) the date of recordation in
~ the Public Records of St. Lucie County, Florida of an instrument
~ executed by Grantor (or the then fee simple owner or owners of
~ that portion of the Servient Estate to which said instrument
applies) terminating and cancelling, in whole or in part, the
easement, right and privilege granted herein as respects such sod
or (ii) January 26, 1992, with respect to the Small Sod Parcel
and January 26, 1991, with respect to the Large Sod Parcel. The
Sod Entry Right shall be non-exclusive and the Sod Use Right
shall be exclusive, provided such sod is removed during the
_ applicable Sod Period. Once such sod is severed and removed from
the Servient Estate as aforesaid, all right, title and interest
s of Grantor shall cease and terminate with respect to the sod so
5 removed such that such removed sod shall be in all respects the
° property of Grantee. Upon the expiration of the applicahle Sod
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