|
are lost, moved or destroyed, the boundaries described herein shall
<br />be determined by the location of the said monument at the time of
<br />this agreement and such lost, moved or destroyed monument shall be
<br />restored by the descriptions set forth in said Exhibit "A"
<br />2. BARRY S. DRACKETT, the unremarried widower of FLORENCE N.
<br />DRACKETT, does hereby quit claim and conveyto TURNER BUILDERS OF
<br />VERO BEACH, INC., the property Northerly othe line described in
<br />EXHIBIT A and Southerly of TURNER'S North line.
<br />3. TURNER BUILDERS OF VERO BEACH, INC., does hereby quit claim
<br />and convey to BARRY S. DRACKETT, the property Southerly of the line
<br />described. in EXHIBIT A and Northerly of DRACKETT"S South line.
<br />4. TURNER BUILDERS OF VERO BEACH, INC., does hereby grant and
<br />convey to BARRY S. DRACKETT, a perpetual easement over, under and
<br />across any property+ of TURNER BUILDERS OF VERB BEACH, INC., lying
<br />northerly of the line described in EXHIBIT A to provide access and to
<br />maintain the improvements located on the DRACKETT property as defined
<br />herein, and for ingress and egress over said 'property for DRACKETT
<br />and any invitee, guest, or licensee of DRACKETT to use and maintain a.
<br />sidewalk and handrail as now exist on property of TURNER BUILDERS OF
<br />VERO BEACH, INC. as described herein.
<br />5. TURNER BUILDERS OF VERO BEACH, INC. and BARRY S. DRACKETT,
<br />hereby restrict any property owned by either of them lying within la
<br />feet of the line described in EXHIBIT A, easterly of intersection of
<br />the easterly projection of the south wall of the TURNER house and the
<br />line described in EXHIBIT A as follows:
<br />No structures, plants (other than grass) or other
<br />improvements shall be placed, maintained or permitted to
<br />exist in the restricted area, other than the house, a
<br />sidewalk, handrail, roof overhand and light poles as now
<br />exist in the restricted area and any underground drain
<br />field, provided that plants that are not higher than the
<br />rail shall be permitted within 10 feet of the DRACKETT
<br />house.
<br />6. TURNER BUILDERS OF VERO BEACH, INC., and BARRY S. DRACKETT,
<br />hereby grant to each other an easement to maintain any grass located
<br />in the restricted area described in paragraph 5 above.
<br />7. DRACKETT agrees to hold TURNER harmless from any and all
<br />claims of DRACKETT, or any invitee, guest or licensee of DRACKETT
<br />related to the utilization of any easement granted hereunder to
<br />DRACKETT. Upon sale by DRACKETT, DRACKETT"S responsibility under
<br />this paragraph shall cease.
<br />8. TURNER agrees to hold DRACKETT harmless from any and all
<br />claims of TURNER, or any invitee, guest or licensee of TURNER related
<br />to the utilization of any easement granted hereunder to TURNER. Upon
<br />sale by TURNER, TURNER'S responsibility under this paragraph shall
<br />cease.
<br />9. Each party shall bear its own fees and cost with retard to
<br />the law suit in the Circuit Court of the 19th .judicial. Circu it in
<br />and for Indian River County, Florida, Civil, Division, Case No. 94-
<br />0182 CA 09 and within 1.4 days of the execution of this agreement by
<br />the INDIAN RIVER COUNTY, the parties shall jointly voluntary dismiss
<br />the action, with prejudice.
<br />18. INDIAN RIVER COUNTY agrees that in the interest of settling
<br />said law suit INDIAN RIVER COUNTY hereby grants an administrative
<br />variance of a de minimis setback, as described in Exhibit A which
<br />will bring both properties and the existing improvements located
<br />thereon in accord with the codes and regulations of Indian River
<br />County as to setback and that a reel any code enforcement action
<br />pending, including the above referenced action, will be dismissed or
<br />concluded with no further cost or fine to DRACKETT or TURNER.
<br />11. The parties agree to e ually divide and prompptly pay the
<br />cost of the survey work. performed and to be performed by Masteller,
<br />
|