Reso 2014-2217 - Laserfiche WebLink

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i) "172 "d Street" shall be that certain public right -of -way, designated as 172 "d Street and reflected in the Plat recorded in Plat Book 157, Page 70, Public Records, which right of way adjoins the Easement Property and is depicted in Exhibit "A" attached hereto and incorporated herein. WHEREAS, the Declarant has agreed to provide the Benefited Party with an easement over and across the Easement Property, for pedestrian and Emergency Vehicle ingress and egress to and from 172 "d Street. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, Declarant, for itself, its successors and assigns, hereby declares, grants and agrees as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein and made a part of this Declaration. 2. Declaration. Subject to the conditions and stipulations hereinafter set forth, Declarant does hereby declare, grant and agree that there shall be and there hereby does exist for the benefit of the Benefited Party a permanent non - exclusive easement in, over, under, through, and across the Easement Property, for ingress and egress, access; pedestrian and vehicular traffic for Emergency Vehicles to and from 172nd Street. Furthermore, the Benefited Party is authorized to improve the Easement Property, with Roadway Improvements, Landscaping and Irrigation. 3. Use. The Benefited Party may use and enjoy the rights and easements hereby declared, granted and created as follows: a) Any use by Benefited Party, citizens, contractors, licensees, employees, invitees or agents of the Benefited Party of the Easement Property shall be effected in such a manner so that it shall not unreasonably interfere with the rights of Declarant for access or maintenance purposes or any others having a right to use the Easement Property. b) To the extent permitted by Section 768.28, Florida Statutes: (i) Benefited Party shall indemnify and hold harmless Declarant from any claim, demand, loss, damage, cost or expense of whatsoever kind or nature, including attorney fees through appeal, made against or incurred by Declarant incident to any claim, demand, causes of action, defenses or proceedings, judgments or costs asserted against Declarant as a result of use of the Easement Property. 2