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w <br />V � <br />ILL N <br />O F- " <br />Coul <br />w d <br />� � Q <br />Z rc <br />Co O <br />C Q. <br />Lo <br />cm :d <br />,qC �0 <br />� r! <br />O <br />O <br />O -.1 <br />.Q <br />'J <br />J <br />La <br />W <br />Z <br />4. Jt <br />r - <br />co oJa <br />s Ja <br />up <br />�C" <br />581067 <br />MARGINAL ACCESS EASEMENT <br />WHEREAS, COMUS CORP., a Florida corporation, hereinafter <br />"Grantor," is the fee simple owner of certain real property, situated in <br />Indian River County, Florida, which is currently undergoing site plan <br />approval and development, said real property being described on the <br />attached Exhibit "A"; and <br />WHEREAS, Grantor's property is immediately adjacent to U. S. Highway <br />No. 1 (State Road #5), which is designated in the Indian River County <br />Comprehensive Plan as an arterial; and <br />WHEREAS, it is necessary to limit the number of access points onto <br />arterials through the development and use of a system of marginal access <br />roads within developments located along arterials; <br />W I T N E S S E T H: <br />That Grantor, for and in consideration of the approval by Indian <br />River County of a site plan for development of Grantor's property, and <br />other valuable considerations, the receipt and sufficiency of which are <br />hereby acknowledged, by these presents does grant a nonexclusive easement <br />for ingress and egress over, upon and across that real property described <br />In Exhibit "B" unto INDIAN RIVER COUNTY, a political subdivision of the <br />State of Florida, for the development of a marginal access road for the use <br />and benefit of the owners or successor owners of the adjacent properties <br />lying to the North and South, and all lessees, licensees, invitees, or others <br />having the lawful right of possession, use or presence upon said adjacent <br />property: <br />This easement shall be appurtenant to said adjacent properties and <br />shall have perpetual existence unless and until such time as released by <br />appropriate recorded instruments executed by then owner of said dominant <br />estate, with the written joinder and approval of the Planning Director of <br />Indian River County, Florida, or his successor. <br />To have and to hold as described herein, subject to a covenant by <br />the owner, and successor owners, of said adjacent properties to pay to <br />Grantor a pro rata share of the cost of construction and maintaining any <br />improvements within the easement area which facilitate ingress and egress to <br />and from both properties. Grantor hereby covenants that it is lawfully <br />seised of said servient land described on Exhibit "A" in fee simple, that it <br />has good right and lawful authority to convey the easement established <br />hereby, and win defend the same against the lawful claims of all persons <br />whomsoever. <br />IN WI NESS WHEREOF, Grantor has caused these presents to be <br />executed this day of December, 1988. <br />S ed, sealed and delivered <br />presence- COD <br />7 -Z -?42-.2 r- M &d69479 By: <br />STATE OF FLORIDA <br />COUNTY OF INDIAN RIVER <br />:P,; SE4 <br />0 <br />I HEREBY CERTIFY that on this day. before me, an"•of$eer duly <br />authorised to this State and County to take acknowledgments, personally <br />appeared Michael O•Haire. President of COMUS CORP.. a Florida corporation, <br />who executed the foregoing instrument on behalf of the Grantor and he <br />acknowledged before me that he executed the same on behalf of the said <br />Grantor. <br />WITNE83 ;m:hta�d official seal Way ber, 1988. <br />&: �, <br />, tae O <br />at Large. <br /><.'" :;•"'' My Commission <br />`5.. s=pires: <br />SM -Mi. i7haire, Quinn a Game, Attorneys At Law <br />P.O. Box 4375, Vero BeacFlorida 32964. 3111 Cardinal Dfire. Vero Beach, Florida 329M <br />(407j 231-8900 77 <br />Q.R. 0818 PG. 2774 <br />