93-R-16
fill.
. ~.,:- ~'~""-;,
BOOK PAGE
~895! 0'70
VOLUSIA co.. FL
t:"ll >=0 FOR O")[r-:"',"I
'''''' . t\ ,'.' _ ,,_
R::-COR 0 VEP';:""(:
... \ i,Jj ._.....
.. z, :~r~'~EliUi\V ,lciLEusu\
015149
94 FES - I Mi II: 31
RESOLUTION NO. 93-R-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ABANDONING THAT
UNOPENED PORTION OF ORANGE AVENUE LYING
EASTERLY OF SOUTH RIVERSIDE DRIVE SUBJECT TO
THE GRANTING OF A 14 FOOT EASEMENT ON THE EAST
SIDE OF SOUTH RIVERSIDE DRIVE TO THE CITY BY
JAMES AND MARGARET MCAULIFFE FOR THE
CONSTRUCTION OF THE RIVERWALK AND AN AGREEMENT
BY EACH ABUTTING FEE OWNER TO LIMIT USE OF THE
RIGHT-OF-WAY UPON ABANDONMENT; PROVIDING THAT
UPON ABANDONMENT EACH ABUTTING FEE OWNER TAKES
TITLE TO THE CENTER OF THE RIGHT-OF-WAY;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION
IN THE PUBLIC RECORDS OF VOLUSIA COUNTY AND
FILING WITH THE VOLUSIA COUNTY PROPERTY
APPRAISER; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. In order to resolve an apparent right-of-way discrepancy
effecting the Riverwalk on South Riverside Drive, the City Council
on June 7, 1993, authorized Staff to initiate the abandonment of
the unopened portion of Orange Avenue lying easterly of South
Riverside Drive.
2. Such abandonment shall be conditioned upon the granting of
a fourteen (14) foot easement on the east side of South Riverside
Drive to the City by James and Margaret McAuliffe for the
construction of the Riverwalk and an agreement by each abutting fee
owner to limit use of the right-of-way upon abandonment.
3. It is in the best interests of the citizens of Edgewater
to authorize the abandonment of the unopened right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. Subject to the conditions set forth in Sections 2
and 3 below the following described unopened portion of Orange
Avenue is hereby abandoned:
That portion of Orange Avenue lying Easterly of South
Riverside Drive (formerly known as Riverview Drive) and
lying Southerly of the Easterly prolongation of the South
line of Block 15 and lying Northerly of the Easterly
prolongation of the Northerly line of Block 14, Totem
Park Subdivision, as recorded in Map Book 4, Page 46 of
the Public Records of Volusia County, Florida, all lying
93-R-16
1
P"OK PAGE
38951 0171
Westerly of the Mean High Water Line. VOLUSIA CO..FL
Section 2. This abandonment is specifically conditioned upon
the granting of a fourteen (14) foot easement on the east side of
South Riverside Drive to the City by James and Margaret McAuliffe
for the construction of the Riverwalk.
Section 3. This abandonment is specifically conditioned upon
an agreement by each of the abutting fee owners to limit the use of
the right-of-way upon abandonment. A copy of the Orange Avenue
Agreement executed by each abutting fee owner is attached hereto
and incorporated by reference.
Section 4. Upon abandonment each abutting fee owner takes
title to the center of the right-of-way.
Section 5. Upon adoption and compliance with the conditions
of abandonment established in Sections 2 and 3, this resolution
shall be recorded in the Public Records of Volusia County and filed
with the Volusia County Property Appraiser.
Section 6. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 7. This resolution shall take effect upon adoption.
After Motion by Councilman Mitchum and Second by Councilman
Hays, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 19th day of July, 1993.
ATTEST:
Suian ;J. 41adeworth
,� City�Clerk
93-R-16
F
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: 1
Jack I.il
Mayor a man,
/////
APPROVED FOR FORM & CORRECTNESS:
I riota A. Storey
City Attorney
01514`)
'~II ED FOD Rrcrr',,,
:- .... '1o t '- t) ;~~ L)
RECORD VERlf lED
\ '"
. <--=l~~<... /~~.
SOOK PAGE
~95' 0165
VOL USIA co.. FL
......
:CEPX OF TEE cnC1!' i
Zr. CT'(. COURT VOlUSiA CI"(/:-~
,
015147
9t, FEB -I MIll: 26
EASEMENT
THIS ~NTURE made and executed this i q +h day of
Qhfl1 U (!) "~( , 1994, by and between PHOEBE E. POWERS and
~ \
MYRTLE C. GATES (hereinafter "Grantor") and the CITY OF EDGEWATER,
FLORIDA, a municipal corporation (hereinafter "Grantee").
WHEREAS, pursuant to the adoption of Resolution No. 93-R-16 by
the City Council of the City of Edgewater, Florida on July 19,
1993, Grantor is the owner of certain land located in Edgewater,
Florida, over which Grantee intends to construct a Riverwalk for
the recreational enjoyment and increased safety of the citizens of
Edgewater.
WITNESSETH, that Grantor for and consideration of the sum of
$10.00 and other valuable considerations, receipt of which is
hereby acknowledged, does grant unto Grantee a perpetual easement
over, upon, through, and under the following described premises for
the purpose of constructing, repairing, maintaining, and utilizing
the Riverwalk and any associated appurtenances including, but not
limited to, street lights, landscaping, and drainage facilities:
The West fourteen (14) feet of the Southerly ~ y ~ ~ ~ ~ ift
one-half of that portion of Orange Avenue j' r _ ~ i;;: (J) ~
lying Easterly of South Riverside Drive~. yt.H S ><..... m
(formerly known as Riverview Drive) and lying ! 'r'~,jIt..
Souther~y of the Easterly pro~ongation of the '!to tE r II ~-
South llne of Block 15 and IYlng Northerly of f . 0
the Easterly prolongation of the Northerlya' VJ
line of Block 14, Totem Park Subdivision, as ~ 0
recorded in Map Book 4, Page 46 of the Public ~
Records of Volusia County, Florida, all lying. ~ <1 ~~
Westerly of the Mean High Water Line. ~I~m~~
The granting of this easement shall not effect any lot I iE
~ ~~
determination for the purpose of fulfilling the requirements o~t~ ~
land development regulations of the City of Edgewater.
This grant of easement shall be binding upon the heirs,
successors, administrators and assigns of Grantor.
In reference to the Riverwalk project, Grantee shall be
responsible for its own acts and omissions and will indemnify and
hold harmless Grantor from and against all liability, claims,
demands, expenses, fees, fines, penalties, suits, proceedings,
actions and costs of actions, including any reasonable attorneys
fees arising or growing out of or in any way connected with this
BOOK PAGE
3 &..t51 0 I 66
VOLUSIA co.. FL
project. Grantee shall be solely responsible for the maintenance
......
of the Riverwalk.
IN WITNESS WHEREOF, Grantor has caused this instrument to be
signed on the day and year first written above.
delivered in
(-'~"-<-- E ?OLV'-C-t.-<J
Phoebe E. Powers
State of
County of
\& .
.. j J ~J (('1-
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared PHOEBE E. POWERS and MYRTLE
C. GATES, who are personally known) to ~e o:r: ~ho ,have produc~d
n / A{ ~o tJo ll(){f'rJ uti..))) j') (} ~ _ as ldentlflcatlon and who did-
(did not) take an oaBH. ,
WITNESS myp,and and offici?-~ seal... in-'~ County and State last
aforesaid this /q +h day of "riml JCLtJ ' 1994.
~~ ~ict)
""'''''' ROBIN MATUSICK WOlF
:~~~AIr'~' fV.~f:~ MY COMMISSION 1/ CC2e0688 EXPIRES
. : :~: May 1,1997
~h......:..'." IIONOEOTHAU TROY FAIN INSUIWlCE, INC.
I'I! 0' ~~;,
",..",,-
015147
r 't ~,,-:t..,,_:....
BOOK PAGE
-<)951 0167
VOLUSIA co., Fl
,
FILED FOR RECCfJ
RECORD VERlFlCLl
.......
C;_C!1K OF THE ~ir-:CU.
L CrY. CDURT VOLU~l,\ l.i ;". _
015148
94 FE8 -I Ai'lll: 27
ORANGE AVENUE AGREEMENT '
THIS AGREEMENT made and entered into this Jq-l-i-)
day of
l.L ~'t?l ,qq'3: by and between, the CITY OF EDGEWATER, FLORIDA, a
municipal corporation (hereinafter referred to as "City") and
PHOEBE E. POWERS and MYRTLE C. GATES (hereinafter referred to as
"Owners" ) .
WHEREAS, Owners are the owners of certain land located
adjacent to South Riverside Drive in Edgewater, Florida, over which
City intends to construct a Riverwalk for the recreational
enjoyment and increased safety of the citizens of Edgewater; and
WHEREAS, in order to resolve an apparent right-of-way
discrepancy effecting the Riverwalk in that area, the City Council
authorized the initiation of the abandonment of the unopened
portion of Orange Avenue lying easterly of South Riverside Drive,
which right-of-way is adjacent to the property of Owners; and
WHEREAS, such abandonment was conditioned upon an agreement by
Owners to limit use of the right-of-way upon abandonment, it is
necessary to establish those limitations.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. The City's abandonment of that unopened portion of Orange
Avenue lying easterly of South Riverside Drive pursuant to
Resolution No. 93-R-16 is specifically conditioned upon an
agreement by each abutting fee owner to limit use of the right-of-
way upon abandonment.
Those limitations are set forth in this
Agreement and a similar Agreement to be executed by the other
abutting fee owner.
2. That portion of the abandoned right-of-way vesting in
Ovmers (ht:lreafter "right-of-way") may be utilized for determining
lot size for the purpose of fulfilling the requirements of the land
development regulations of the City.
3. No structures shall be erected on the right-of-way.
4. Fences may be erected only in the front yard setback area
January 3, 1994
1
..
000'"
u n
--
PAGE
...a 951 0168
VOLUSIA co.. Fl
with all applicable
of
the
right-of-way upon compliance
requirements of the land development regulations of the City.
5. Wooden walkways raised to a maximum of eighteen (18)
inches above grade shall be permitted on the right-of-way subject
to all applicable requirements of the land development regulations
of the City.
6. Landscaping and maintenance of the right-of-way shall be
permitted, but shall be limited to manual clearing, filling,
excavation, or grading.
7. A five (5) foot setback from the center of the abandoned
right-of-way shall be maintained by Owners. No landscaping or any
portion of a wooden walkway shall encroach into the setback area.
This required setback shall not apply to fences constructed within
the front yard setback pursuant to Paragraph 4.
8. To the extent that there is a conflict between this
Agreement and any existing City resolution, regulation or
ordinance, this Agreement shall control.
9. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of this Agreement
shall run with the land and shall be administered in a manner
consistent with the laws of the State of Florida. Accordingly,
this Agreement shall be recorded with the Clerk of the Circuit
Court in Volusia County.
10. This Agreement may only be amended in writing upon the
mutual consent of the parties.
11. This Agreement shall be governed by the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the day and year first written above.
January 3, 1994
2
BOOK PAGE
3895, 0169
VOLUSIA CO..V
ATTEST: Y COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Susan J. Wadsworth Mack H. H Sr.
City Clerk-., ayor
<-w _-- APPROVED FOR FORM
d "�V AND CORRECTNESS:
iQrista A. Stor
City Attorney
OWNS
Phoebe E. Powers
le C. Qa 18
State of UOAII�
County of r,
The forego'ng instra ent was acknowledged before me this
(Q day of , 1994, by Phoebe E. Powers and
Myrtle C. Gates, who 40 personally known to me or who have
produced C)ft",i as identification and who did (did
not) take an oat
January 3, 1994
I011� !ir'
rf'Ak6% WEIR I.411USICK WOLF
MY COWSSIM N 00280088 EXPIRES
»'.'i I.YY 1, 1997
"3R1�h Mw. OFOi ligl'FAR IHSN F.IWL
01514 _<
"-
.~
'-"
,~ ,.:-<. ji~...... ,~~ ~ ;1.. a~~~::,_~.. _
SOOrl PAGE
~895 0172
VOLUSfA CO..FL
,
'-1' ED FOR R-""'lC:'"i
r- L.. I \ t t_t,;.) i, '...,..
RECORD VERlFl~U
CLEEK Of THE Clr:cu' r
':~ err, cU'JRf VOLUSI,\ c r
015150
94fiiEMENt:ill: 32
THIS
made and executed this fa i-Il day of
, 1994, by and between JAMES J. McAULIFFE and
cAULIFFE, his wife, (hereinafter "Grantor") and the
CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter
"Grantee") .
WHEREAS, Grantor is the owner of certain land located in
Edgewater, Florida, over which Grantee intends to construct a
Riverwalk for the recreational enjoyment and increased safety of
the citizens of Edgewater.
WITNESSETH, that Grantor for and consideration of the sum of
$10.00 and other valuable considerations, receipt of which is
hereby acknowledged, does grant unto Grantee a perpetual easement
over, upon, through, and under the following described premises for
the purpose of constructing, repairing, maintaining, and utilizing
the Riverwalk and any associated appurtenances including, but not
limited to, street lights, landscaping, and drainage facilities:
.~
cnOfiJ
cn~g~
<0.,.
~gj~
~~II
~~~,
i1iilJI
~~.......l~
~t;~~j].J ~
oS<~~w 0
~CS~~~ ~
A fourteen (14) foot easement described as
follows: Begin at a point on the easterly
prolongation of the northern property line of
Lot 1, Block 15, Totem Park of Mendall's
Subdivision, said point being nine (9) feet
four (4) inches from the centerline of the
existing pavement of Riverside Drive; thence
east fourteen ( 14) feet from the point of
beginning; thence southerly and parallel to
the existing pavement of Riverside Drive
eighty-four (84) feet; thence west fourteen
( 14 ) feet; thence northerly and parallel to
the existing pavement of Riverside Drive
eighty-four (84) feet to the point of
beginning. Being in Section 33, Township 17
South, Range 34 East.
The granting of this easement shall not effect any lot size
determination for the purpose of fulfilling the requirements of the
land development regulations of the City of Edgewater.
This grant of easement shall be binding upon the heirs,
successors, administrators and assigns of Grantor.
In reference to the Riverwalk project, Grantee shall be
responsible for its own acts and omissions and will indemnify and
hold harmless Grantor from and against all liability, claims,
demands, expenses, fees, fines, penalties, suits, proceedings,
-
~
BOOK
38~
VOLUSIA CO..FL
any reasonable attorneys
PAGE
0173
actions and costs of actions, including
fees arising or growing out of or in any way connected with this
project. Grantee shall be solely responsible for the maintenance
of the Riverwalk.
IN WITNESS WHEREOF, Grantor has caused this instrument to be
signed on the day and year first written above.
Signed, sealed and delivered in
the presence of:
~~ ~~1~~
~ ~~~Vv'1f/)
State of L~ /Cf .1'\
~7JLMaJ#
Mar ret M. McAuliffe
County of
~ "
- I J 1\10 J
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared JAMES J. McAULIFFE and
MARGARET M./~CAULIFFE, who are personally known to me or who have
produced ~l' .L<\iOna !) 1ti ICIY") 'X"\) as identification
and who did (did not) take an oath.
WITNESS my hand and official seal in the County and State last
aforesaid this ia. tr, day of o(l.rnJ J" ~ t-} , 1994.
CY-,ch(/\l.J;~
NOTARY~BLIC
l~\""~:r'l;;,~.. "A08IN MATUSICK WOlF
!"(~'~'l"j MY COMMISSION * CC280688 EXPIRES
~.~~~. May 1. 1997
"'~.iff.,i\I~' BONDED THRU TAOY FAIN INSURANCe, INC.
015150
........ i~.
.
015151
94 FES -I ~.;'11l: 32
BOOK PAGE
38~ 017t.
VOLUSIA CO.. FL
FILED FOR R[cn~-J
RECORD VERIF L::U
"-"
C'_Efi\ OF THE ,
~. GT(. CLrJRT VOLUSL", i ~.ol.
ORANGE AVENUE AGREEMENT
THIS AGREEMENT made and entered into this J (1 -rh day of
~uJ(d
FLORIDA,
,
1993,
by and between, the CITY OF EDGEWATER,
a
municipal
corporation (hereinafter referred to as
"City") and JAMES J. McAULIFFE and MARGARET M. McAULIFFE, his wife
(hereinafter referred to as "Owners").
WHEREAS, Owners are the owners of certain land located
adjacent to South Riverside Drive in Edgewater, Florida, over which
City intends to construct a Riverwalk for the recreational
enjoyment and increased safety of the citizens of Edgewater;
and
WHEREAS, in order to resolve an apparent right-of-way
discrepancy effecting the Riverwalk in that area, the City Council
authorized the initiation of the abandonment of the unopened
portion of Orange Avenue lying easterly of South Riverside Drive,
which right-of-way is also adjacent to the property of Owners; and
WHEREAS, such abandonment was conditioned upon the granting
of a fourteen ( 14) foot easement on the east side of South
Riverside Drive to the City by Owners for the construction of the
Riverwalk and an agreement by Owners to limit use of the right-of-
way upon abandonment; and
WHEREAS, since the Owners have already granted the easement to
the City, it is now necessary to establish the limitations on the
use of the right-of-way in order to satisfy the remaining condition
of the proposed abandonment.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. The City's abandonment of that unopened portion of Orange
Avenue lying easterly of South Riverside Drive pursuant to
Resolution No. 93-R-16 was specifically conditioned upon an
agreement by each abutting fee owner to limit use of the right-of-
way upon abandonment.
Those limitations are set forth in this
Agreement and a similar Agreement to be executed by the other
abutting fee owner.
January 3, 1994
1
-
~
BOOK PAGE
3895~ 0175
r Y~~U~J4fyO\Jfs~ing
in
2.
That portion of the abandoned
Owners (hereafter "right-of-way") may be utilized for determining
lot size for the purpose of fulfilling the requirements of the land
development regulations of the City.
3. No structures shall be erected on the right-of-way.
4. Fences may be erected only in the front yard setback area
of
the right-of-way upon compliance with all
applicable
requirements of the land development regulations of the City.
5.
Wooden walkways raised
to a maximum of eighteen (18)
inches above grade shall be permitted on the right-of-way subject
to all applicable requirements of the land development regulations
of the City.
6. Landscaping and maintenance of the right-of-way shall be
permitted, but shall be limited to manual clearing, filling,
excavation, or grading.
7. A five (5) foot setback from the center of the abandoned
right-of-way shall be maintained by Owners. No landscaping or any
portion of a wooden walkway shall encroach into the setback area.
This required setback shall not apply to fences constructed within
the front yard setback pursuant to Paragraph 4.
8. To the extent that there is a conflict between this
Agreement and any existing City resolution, regulation or
ordinance, this Agreement shall control.
9. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of this Agreement
shall run with the land and shall be administered in a manner
consistent with the laws of the State of Florida. Accordingly,
this Agreement shall be recorded with the Clerk of the Circuit
Court in Volusia County.
10. This Agreement may only be amended in writing upon the
mutual consent of the parties.
11. This Agreement shall be governed by the laws of the State
of Florida.
January 3, 1994
2
BOOK PAGE
3895 0176
VOLUSIA CO..FL
IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the day and year first written above.
ATTEST:
y..
.Susan! J.,W dsworth
City,>Qhprk-• _'
Ft'
W
/t M
Witnessed by:
State ofrdy,.nln,
County of VZD11A,,^1
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By-- y
Jack H. Ha a , Sr.
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
i
Rrista A. Storey
City Attorney
OWNER: Z
James McAuliffe Q
Marge t M. McAuliffe
The foregoing instru ent was acknowledged before me this
day of - , 1994, by James J. McAuliffe
and Margaret M. 4cAuliffe,who are personally known to me or who
have produced Qz) aIkr,CJ9 L-r, as identification and who did
(did not) take an oath.
Notary Pkiblic
��Nrrv� "NMN7US"WOLF
W COMMISSnN M CC26M EZPISES
My 1, 1997
"aY:.!h•' � KMFD iMwJ iRYy MWIH4M1XtF.INE.
January 3, 1994 3
015151
FILED FOR iEU! ~I
RECORD VERIFJ_U
- . ~~., ;. .,-:..... . ; '\, i.... '-.-,,;;.","'...
SOOK PAGE
3tr'95 0177
VOLUSIA CO..FL
'1 C:-'1( Or. TW:'
...... '('T,j~r'i;;'lor' \I0';~I~!'
'-....." j. \J'a,.'.....H 'I ~V..Jtd i.t; I..
015'52
94 FES - f Mi If: 32
,
EASEMENT
TRIS ~. DENTURE made and executed this fa + ~ day of
otbu~~ ' 1994, by and between JAMES J. MCAULIFFE and
MARGARET M. MCAULIFFE, his wife, (hereinafter "Grantor") and the
CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter
"Grantee") .
WHEREAS, pursuant to the adoption of Resolution No. 93-R-16 by
the City Council of the City of Edgewater, Florida on July 19,
1993, Grantor is the owner of certain land located in Edgewater,
Florida, over which Grantee intends to construct a Riverwalk for
the recreational enjoyment and increased safety of the citizens of
Edgewater.
WITNESSETH, that Grantor for and consideration of the sum of
$10.00 and other valuable considerations, receipt of which is
hereby acknowledged, does grant unto Grantee a perpetual easement
over, upon, through, and under the following described premises for
the purpose of constructing, repairing, maintaining, and utilizing
the Riverwalk and any associated appurtenances including, but not
~! Sfmil'mr to, street lights, landscaping, and drainage facilities:
~ 9t ~ The West fourteen (14) feet of the Northerly
! It m t:3 one-half of that portion of Orange Avenue
'< ~ J ~ lying Easterly of South Riverside Drive
~ ~ t::::: : (formerly known as Riverview Drive) and lying
lrl Q sri ~ Southerly of the Easterly prolongation of the
cr: ~ p ~ 1 South line of Block 15 and lying Northerly of
()H III ~ ct the Easterly prolongation of the Northerly
~ J 8 line of Block 14, Totem Park Subdivision, as
Q ,~ recorded in Map Book 4, Page 46 of the Public
~ . j Records of Volusia Cou~ty, Florid~, all lying
...... 44 419 ~......I !i Westerly of the Mean Hlgh Water Llne.
. . c
UJ >- J'- . 0
W J- :Y. J- r~"l ~ '3
~ 2 ~ ~ ;:4 i t:The granting of this easement shall not effect any lot size
~ 2 ~ &! a~~mination for the purpose of fulfilling the requirements of the
land development regulations of the City of Edgewater.
This grant of easement shall be binding upon the heirs,
successors, administrators and assigns of Grantor.
In reference to the Riverwalk project, Grantee shall be
responsible for its own acts and omissions and will indemnify and
hold harmless Grantor from and against all liability, claims,
demands, expenses, fees, fines, penalties, suits, proceedings,
actions and costs of actions, including any reasonable attorneys
~ -- -.....
Bortl PAGE
"-' """'"
3895 0178
fees arising or growing out of or in any waYV8~bld9~ this
project. Grantee shall be solely responsible for the maintenance
of the Riverwalk.
IN WITNESS WHEREOF, Grantor has caused this instrument to be
signed on the day and year first written above.
Signed, sealed and delivered in
the presence of:
~ C:~;:IVl
~~-~
?/,~ . c,cGl0~'--'I~
state of y ~l(J>i ,->,/ 0
County of '\{'()>J I J f\-~ A .I
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
aCknowledgements, personally appeared JAMES J. McAULIFFE and
MARGARET M. /MCAULIFFE, who are personally known to me or who have
produced ~.(~~ .II ^O~ 9.. 9 ~ tf-Y"'> "- ~) as identification
and who did (dld not) ta~ an oath.
~~L(2L~
--- J. McAuliffe /t'
n.. , . -t- /J-t_ g.~
/ /LA..: P..../UA.- 71t.-
Marg~et M. MCAuliffe'
WITNESS my hand and official, seal inie County and State last
aforesaid this I~ f" day of ~n'JI I In ), ~ ' 1994.
\
':~-; 1/). ~4)
NOTARY~UBLIC
"-:;'~"~"'" ROBIN MATUSICK WOlf
/!''A.'''-' t-K'f COMMISSION # CC280688 EXPIRES
~: ~':J: May 1. 1997
";.~"F,,*:l BONDEDTHRU mov FAIN INSURANCE. INC,
~tllf1H"
01515'.!