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• factors. Additionally, it has considered the general rules
pertaining to the duties and rights of dor.~inant and s~rvi~nt
os~ners 20 Fla Jur 2d, Easements, Sec. 35. The Court feels it is
fair in this particular situation. Even though sor~e relief is
r:zandated, both parties should bear the burden.
Based upon the foregoing, it is thereupon,
ORDERED ~ND ADJUDGED as follows:
1. The preceding Findings and Conclusions are incarporated
h~rein by refererir~e.
The action filed by Defendant/Third Party Plaintiff
~ against Third Party Defendant is dismissed with prejudice by
' reason of their settlement. Each part~ shall bear their own
~ attorney's fees and costs.
~ 3. The Defendant is permanently enjoined fran undertaking
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t further ir?prover.eent ta the subject structure. Furthernare, that
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portion of the structure which enrroaches ugon Plaintiffs` ~0
foot dCCF3S5 easer;?ent shall be removed; provided, however,
Plaintiffs shall pay the r_nst for rer~o~~ing that portion of the
structur.e; provided, further, that Defendant shall pay Y_he cost
af r:iaintaining the integrity of the r~maininy portion Qf the
structure and if she does not want to r,?air?tain the rer:~aininy
portion, shall be responsible for the cost of rer;~ovinq that
portion; and provided, further, that the parties (through their
r_ounsel, if necessary) shall consult and atteript to co-ordinate
their respective responsibilities, preferably with the sarne
contractor, so as to minimize cost and ~3amage to the rer.~aining
porti~n of the structure, if Detendant ciecid~s Yo retain it~ or
alternatively to minic~ize costs to both parties if the Defendant
~°oox~~TS eac~~$~2
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