HomeMy WebLinkAbout0804-0166 GRANT OF EASEMENTJoAnne
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1.4 728 OR 979 AGE 0833.
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* Doc Assump: $ 0.00
* Doc Tax : $ 0.70
* Int Tax $ 0..00
PrepargBoach
To
DomeniE D
Nasoa,g r, G•xso
R Whit
1645 Pk s Boulev d
West Pl r da 33 0
GTH B INDSNTQRE, made and entered into this day of
1995, by -and between PELICAN POINTS WEST
ASSOCIATES, LTD. (■Grantor■) and PELICAN POINTS EAST, INC.
(■Grantee■)Y '
• iI�T�i���.3[T�� .
WHEREAS, Grantor is the fee simple owner of that parcel of
real property situate in.St. Lucie County, Florida, and described
on attached pzhibit (the ■Burdened Parcel")and.
r to i • r f p c of land
across t to Ro d A - from t B r ad a c• d scribed on
attach d t ■Ben• t or •10 ch, - a or
with the
Burden d arcel, is time■ • ei referr to as t ■Parcels■)t
and
Gr tee s re eat d that ranto rant d Grantor
is willing. rant an easement for river access over that portion
of the Burdened Parcel described on attached Exhibit C (the
■Sas•maat Area") on the terms and conditions hereinafter provided;
NOW, .THEI FORZ, in pursuance of this agreement and in
consideration of the sum of Ten ($10.00) Dollars and other good.and
valuable consideration, receipt of which is acknowledged, Grantor
doei hereby grant,. bargain and sell unto Grantee a non-exclusive
sas•si•nt over, under and across the Easement Area for access to and
from the St. Lucie River (the •River■) and for the maintenance and
restoration thereof.
ViL
OR BOO 0 9 7 9 - P GE . O 2 D
PROVIDED, HOWEVER, this Grant of Basement is given upon the
condition and by accepting the easement granted herein Grantee does
hereby covenant and agree as follaw■f (i)'in exercising the rights
herein granted, Grant** shall fully defend, indemnify and hold
harmless Grantor from and against all claims, actions, causes of
action, costs, expenses, including reasonable attorneys' fees at
trial and any post trial proceedings, including all appeals,
incurred by or made against Grantor by reason of the exercise of
much rights by Grantee or third parties claiming under and through
Grantee; and (ii) Grantor may continue to uss the Basement Area,
grant additional easements to owners of property within the
Burdened Parcel, the homeowners association to be formed or utility
or similar entities as it deems necessary, prudent and/or
............� ���Aa� ef,.�n�tias' u�! t2fi71 eecsaziept may
unreas
P%nain
D PQR R, that at a ch i • a r to i't successors
or assshould ;vide t a Bu eaed P eel, t e let thereof
nhall.e •t asi s o o Grantee, i ■ successors
and asth rs s to h vor in stially the
came ln�awe E Oman ea and u' sub
antisll the same
terms as contained heroin, the particulars of wh c a all be oat
forth in home owners documents to be prepared and which Grantee and
Zar*kas (as such term is hereinafter defined and only until the
expiration of Zarskaa' Interest) shall have the right to approve.
Grantor'■ obligation hereunder as set forth immediately hereinabove
regarding the platting of access to the River for the benefit of
Grantee is specifically conditioned upon a boat dock having been
constructed, pursuant to plans approved by Grantor, prior to the
date of recordation of such Plat, within the Basement Area. -in the
event such dock is to be used exclusively by Grantee or Grantor, as
determined by the parties, then construction and maintenance costs
thereof shall be borne solely by Grantee or Grantor, as the came
may be.' In the event much dock is to be used jointly by Grantor
and Gran •, a •t• n• th t ns ion and
maintoa a tat r b b r t b Gr tot and
ran
b ■•d u • umber o do lips f r t e a it of each
party. the even uch doc s o be a ast a e by Grantee
within f * (5) yea a ram th to *roof, r in t o vent Grantee
shall of have o a no Gran r a p i proval o t • plat to be
Grant
racer r g o th of to a as re a the Great
of Basem► iv by tee o Or for o even to her ith, this
easement, and all ob gations of Grantor hereon or, shall
terminate. Notwithstanding the foregoing, this easement shall not
terminate and ■hall romain in full force and effect ■e long an
George A. Zarskas and Marjorie A. Zarskaa hold a mortgage on the
Benefited Parcel or in the event they shall regain title to the
Benefited Parcel by reason of a default under the mortgage.
All of the benefits, covenants and agreements herein shall
constitute covenants running with the land, shall be binding upon,
and/or shall accrue to the benefit of any and all persons, firma or
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OR BOOK 79 PR E 0 6 3
corporations, each of sa, their respective successors in
Interest, assigns, heirs and personal reprosentativos,' having or
hereafter acquiring any right, title or interest in and to all or
say portion of.the parcels.
IN WrTNZSB WZMMOl, Grantor and Grantee have set their hands
and seals on the day and your first above written.
Signed, sealed and delivered
in the presence of:
ni•�; �s�11t3C
(print witness nacre)
11 3
PELICAN POINTS NEST
AS80CIATZ81 LTA.
(GRANTOR)
PELICAN POINTS MAST, INC.
(GRANTEE) /?
I .i: �','�.'r an.`. r'''.•ii, � rt1•' :'a,�: ''••j ,; ��•'`tSi-
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OR BOOK. 0 9 7 9 PAG 083
M:DD
STATrX OF FLORIDA BB
COUNTY OF PALM BEACH i
The foregoing mraijt of Ea!ams19 nas Doom lodged before me
this-� day of lw� . 1995, by Domsaaiok R. Lioee. as
president of pelican Kest. Iao., a Florida corporation, on behalf
of the Grantee who is personally aknown t to OR
wand ho produced
uced
I take as Oath-
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P int H
oTARF UBLIC
is a s o 1 oxide a
KY on Exp
FbM1Aln MON. ■
weasa fccaaa
STATE OF FLORIDA j 861
COUNTY OF PUM BEACH )
The foregoing Gran of Easeaent was acknowledged before me
s_ day of , 1995, by , as Louis E. eousa, a■
Pro
sident of Polio aa po ate East, Luc.', a Florida corporation, on.
thi
OR Who
behalf of the Grantor, who is vsr� ri!lly �o idto entification
as identificationfication
aroduced
NOTARY PUBLIC
State of Florida at Large
my Commission. Expires'
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OR BOOK 979 ' � ..,•,' . ...°
A 8 083
ZMEUX m
(NNOT)
Being a tract of laced lying in 8action'22, Township 36
South,. Range 41 Yast, et. Lucia County, Florida) Hounded
an' the South by, s line parallel with and 5,767.86 feet
Northerly (measured at right angles) from the South line
of Section 27, of said Township and Range, on the North
by a line parallel with amid 6,323.74 fast 2Fortha2-7v
Road
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prehminary
development plan
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Pelican Pointer
JOANNE HOLMAN, CLERK OF THE CIRCUIT=P.tJURT - SAINT LUCIE COUNTY
`11e Number: 2459211 OR BOOK 2042, 3E 1179
-- Recorded:08/12/04 15:17
PROPRIETARY DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this day of
by P CAN P TE H ST-ASSgIAT N, .
f F rida, Bo o stet te al Impr vem nt ru Fund
W T ESGranto wner of csements, rec Book
1528, Page 219 and O.R. Book 1534, Page 223 over certain lands situated in. St. Lucie County,
ai
p
Florida, hereinafter referred to as the "Property" more specifically described in Exhibit A
a�
attached hereto and incorporated herein by this reference; and
m
e G ' to es* to nstru d her ci ' w 'ch wi pre pt
bo
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a
sd
Ian s riparian t th Property
and c st ction o sa d f ility is
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[D r O
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y t e Grantee; d
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Gr tor, in consi ration of the conse t of the Gr tee, is agreed le to
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and desirous of granting and securing the enforcement of a perpetual conservation easement as
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defined in Section 704.06, Florida Statutes, over the property.
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NOW, THEREFORE, in consideration of the issuance of said consent to construct the
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said cility, the esi of w 'ch is attac d here o as Exhibit B in orporat b referen e,
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an r hereby an
s, rea s, and est blis es a
erp
tual co a tion ase e u n the
op rty described in E
'bi
A, which sh 11 wi
the land and a binding u n t e Grantor,
m CD
it eir success o a ign , and re ain ' full fo
ce
d effect forever.
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• Doc Tax : $ .70
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• lat Tax : i
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