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RETURN TO
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FIDELITY NATrL TITL@OSSUSEE*SEMENT
STATE OF FLORIDA
9
n
m n n
agreement between-the parties, &e adequacy and receipt of which is hereby acknowledged, each
party hereto does hereby grant, bargain and convey to the other party hereto, its licensees,
invitees, agents, successors and assigns, the full and free right for it and its tenants, servants,
invitees, licensees and visitors, in common with all persons herein designated to have a like right
at all times hereafter, for ingress and egress and vehicular access, but not parking, and a
benefiting the land owned by NSHE and described in Exhibit "D" attached (the property
described in Exhibit "C" and Exhibit "D" herein sometimes collectively referred to as the
"Benefited Land").
It is understood that each of these easements is given upon the express understanding and
ting party, its licensees, agents, succe~sors,
ed subject t13 th :following
assigns or any successor owner of any part of Tract C shall commence using the Easement Area,
NSHE shall, except as provided below, be responsible for the maintenance and upkeep of the
roadway located within the boundaries of the Easement Area and shall have exclusive control
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OH BOOK 1954 PAGE 1050
over all such maintenance and repairs. Such maintenance and upkeep obligations of NSHE shall
be limited, however, to the performance of those actions which NSHE, in its sole discretion,
deems necessary to preserve and maintain the roadway. In the event that, subsequent to the date
hereof, Treasure Coast (or any of its successors or assigns) begins to use the Easement Area,
privileges arising under the Easement granted herein, including the right to access and use of the
Easement Area, shall be suspended until such time as Treasure Coast delivers payment of its
reimbursement amount to NSHE.
2. Security Gates. NSHE and its successors and assigns, shall have the right and
4. Limited Conveyance. It is expressly understood and agreed that tits instrument
constitutes a non-exclusive easement only in and to the Easement Area as provided herein and
that nothing contained herein shall be construed as to create a conveyance of fee title to the
Easement Area or the Benefited Land or any portion thereof to each grantee.
e Easement Area, and
benefit .ng ,he fee title
7. No Dedication. Nothing herein contained shall be deemed to be a gift of
dedication of any portion of the Easement Area to or for the use of the general public or for any
C:U)ocuments and Settings\Marcia\LocaI Settings\Temporary Internet Files\OLKJC\CROSSUSE EASEMENT.01.doc
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OH BOOK 1354
PAGE 1051
public purpose, it being the intention of the parties hereto that tits Easement shall be strictly
limited to and for the purposes herein expressed.
8. Relationshiu of Parties. Neither anythlng contained in tits grant of Easement nor
If to Treasure Coast at:
Treasure Coast Realty Investments, Ltd.
41 1 N. US #1
Fort Pierce, Florida 34950
Or to such other address as either party may designate to the other in writing fiom time to time.
The day upon which such notice is delivered or is mailed shall be treated as the date of service.
Use Easement.
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C:U)ocuments and Settings\MarciaVacalSettings\Ternporary Internet Files\OLIUC\CROSS USE EASEMENT.01.doc
OR HOOK 1954 PkGE 1052
12. Non-Waiver. Notwithstanding anything contained herein to the contrary, failure
on the part of NSHE or Treasure Coast to complain of any action or non-action on the part of the
other party, no matter how long the same may continue, shall never be deemed to be a waiver by
NSHE or Treasure Coast of any of its rights hereunder. Further, it is covenanted and agreed that
perform any of its respective covenants or obligations provided herein including, without
limitation, those covenants and obligations set forth in Paragraph 1 above, NSHE and Treasure
Coast shall each be entitled to enforce specific performance thereof and such other relief, at law
or equity, to which NSHE or Treasure Coast, as applicable, may show itself to be justly entitled.
It is further understood that NSHE shall design and construct, at NSHE's sole
assigns, assume any liability or responsibility to any other parties, their licensees, agents,
successors or assigns, or to any person using the cross easement with or without invitation,
whether expressed or implied, or by reason of any business conducted with the other party, its
licensees, agents, successors or assigns or otherwise; provided however, that each party shall
remain responsible for an equal share of the cost of maintaining the roadway after such time as
Treasure Coast becomes liabIe for one-half thereof under the terms hereof.
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OR REEK 1954 PAGE 1053
IN WITNESS WHEREOF, the parties have executed tits instrument on the day and
year first above written.
Signed, sealed and delivered in the presence of:
Notary Publrc State of Anrona
Mariwpa County
Shannon McGimsey
4
PC6,4--,
Notary Public
ExpiresApnl30.2005
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OR
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BOOK 1954 PAGE 1054
LEGAL DESCRIPTION
BUILDER'S FIRST SOURCE
ST. LUCIE
I
INGRESS/EGRESS EASEMENT NO. 2
.R. 713); THENCE ALONG SAID WESTERLY RIGHT
POINT OF BEGINNING.
I
CONTAIN
0.2872 ACRES, MORE OR LESS.
OF
WAY S0O0l3'52"E FOR 43,72
I
PAGE
,
OH EOOK 1954 PAGE 1055
LEGAL DESCRIPTION
BUILDER'S FIRST SOURCE N ST. LUCIE
I
INGRESS/EGRESS EASEMENT NO. 3
!
CONTAIN
0.2872 ACRES, MORE OR LESS.
DAT
08