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SEP 9 1965 <br />BOOK 9 PACE 310. <br />RIGHT OF WAY AGREEMENT <br />KNOW ALL MEN BY THZSE PRESENTS that INDIAN RIVER COUNTY, a <br />political subdivision of the State of Florida, in -consideration of <br />.the sum of One Dollar •($1.00) and other valuable considerations, <br />receipt of which is hereby acknowledged, does hereby grant to the <br />FLORIDA POWER AND LIGHT COMPANY, a corporation organized and <br />existing under'the laws of the State of Florida, whose address is <br />P. 0. Box 3100 (25 S.E. 2nd Avenue), Miami, Florida, and to its <br />successors and assigns (the term "assigns" meaning any person, <br />firm or corporation owning by way of assignment all rights under <br />this Agreement or a portion of such rights with the Grantee or <br />its other assigns retaining and exorcising the other rights), an <br />easement forever for a right of way 60 feet • in width to be used • <br />for the construction, operation and maintenance of one or, more <br />overhead electric transmission and distribution lines (including <br />wires, poles, "H" frame structures, towers, cables, conduits, <br />anchors, guys, telephone and telegraph lines and appurtenant equip- <br />ment) and one or more underground pipe lines (including appurtenant' <br />equipment) for the transmission of electricity, gas or petroleum <br />products in, over, under, upon and across the following described <br />lands of the grantor, situated -in the County of Indian River, <br />and State of Florida, and more particularly. described as follows: <br />Over, upon and across that certain parcel of land <br />designated as a park and lying immediately North of <br />Lot 13, Block X, of the Plat of Vero Tropical Gardens, <br />Unit 2, as recorded in Plat Book 6, at pages 64 and 64-A, <br />of the public records of Indian River County, Florida; <br />together with the right and privilege to reconstruct, inspect, <br />alter, improve, remove or relocate such facilities or any of <br />them on or under the right of way above described, with all rights <br />and privileges necessary or convenient for the full enjoyment or <br />the use thereof for the above mentioned purposes, including the <br />right to cut and keep clear all trees and undergrowth and other <br />obstructions within said right of way and all trees of such height <br />on lands of grantor adjoining said.right of way that may interfere <br />with the proper construction, operation and maintenance of such <br />facilities or any of them, and also including the right. of ingress <br />and egress over adjoining lands of grantor for the purpose of <br />exercising this easement or all or any of the rights granted here- <br />under. <br />The grantor, however, reserves the right and privilege to <br />use the above described right of way for public park purposes and <br />all other purposes except as herein granted or as might interfere <br />with Grantee's or assignee's use, occupation or enjoyment thereof; <br />and providedfurther that no buildings or structures other than <br />fences will be located or constructed by grantor on said,right-of <br />way. Grantor shall not excavate any portion of the righray' <br />without written permission of grantee or assigns.. , ° • ' '� . +`,';, , <br />IN WITNESS WHEREOF, said Grantor has eliec gt11 .50ag/eentent. <br />this 94day of /46/77`i..„,4„,44.) , 1965;x. \,� tiw• • . • - '.j <br />Signed, sealed and delivered INDIAN RIPER` eQUNTy)!yrdit• 'DA <br />in t presence of; <br />By it: sem C610 • Amro inners <br />Attest <br />