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EASEMENT CON -FRNTNG FTT.T. REMOV L
THIS EASEMENT CONCERNING FILL REMOVAL (hereinafter
called the ~Easement") is made as of the,~'~,day of January,
1990 by HORIZONS ST. LUC2E 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 ta this
instrument and their assigns and successors-
in-interest and title.)
I~I 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 particulariy described in Exhibit "A", attached
hereto and made a part hereof (hereinafter called the "Servient
Estate"); and
WHEREAS, Grantee has stored fill upon a portion of the
Servient Estate adjacent to the borrow canal lying along the
boundary of Section 4 and the boundary of Section 10, Township
37 South, Range 39 East, St. Lucie County, Florida; and
WHEREAS, Grantor desires to give, grant and convey
unto Grantee an easement, riqht and privilege, partially
exclusive and partially non-exclusive for the purpose of
permitting Grantee to enter upon the Servient Estate and remove
therefrom the fill owned by Grantee stored adjacent to said
borrow canal, all as more particularly described hereinbelow.
NOW, THEREFORE, for and in consideration of the sum of
Ten Dollars ($I0.00) and for other good and valuable
consideration not herein recited but hereby receipted for, the
~nfficiency 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 se~c forth herein verbatim.
2. Grantor hereby gives, grants and conveys unto
Grantee, an easement, right and privileqe, partially exclusive
and partially non-exclusive, as hereinafter provided,
exercisable through its employees, agents or independent
contractors, to enter upon the Servient Estate (hereinafter
called the "Fill Entry Right") and remove therefrom (hereinafter
called the "Fill Removal Right") certain fill stored adjacent to
the borrow canal lying along the boundary of Section 4 and the
boundary of Section 10, Township 37 South, Range 39 East, St.
Lucie County, Florida, durinq the period (hereinafter called the
"Fi21 Period") from and after the date hereof throuqh and
including July 26, 1990. The Fill Entry Right shall be non-
exclusive and the Fill Removal Right shall be exclusive, provided
such fill is removed during the Fill Period. Once such fill is -
removed from the Servient Estate as aforesaid, all right, title
and interest of Grantor in such fill shall cease and terminate
such that the fill so removed shall be in aIl respects the
property of Grantee. Upon the expiration of the Fi11 Period, all
right, title and interes~ of Grantee in any of such fill which
has not been removed from the Servient Estate as aforesaid shall
cease and terminate such that said fill not then so r~moved
shall be in all respects the sole property of the then fee simple
owner or owners of the Servient Estate.
, ~
Rec Fee Q ..1,:~~.~U,g DiX(`".
Add F~c R ~de Cc~nn'
D,c T:~ 5 Clerk of rcu t
Int 7~a:..: a By
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