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lirstrument prepared by and upon recordation should be �I ��-- returned to Marian E. Fell, Assistant County Attorney 1840 25'`' Street O( b Vero Beach, FL 32960 PARTIAL ABANDONMENT OF EASEMENTS This Partial Abandonment of Easements , made and executed this 19th day of August, 2003 , by Indian River County, Florida, a political subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, Florida ( " County") to Walgreen Co . , an Illinois corporation , having an address of 300 Wilmot Road, Deerfield IL 60015 . WHEREAS , County is the Grantee under that certain grant of easement made by Nelson C . Hyatt dated June 15 , 1989 , recorded in Official Records Book 836 , Page 1237 of the Public Records of Indian River County, Florida ( "Easement No . 1 " ) ; and WHEREAS , County is the Grantee of that certain easement granted by Nelson C . Hyatt dated December 12 , 1995 , recorded in Official Records Book 1084, Page 1663 of the Public Records of Indian River County ( "Easement No . 2 ") ; WHEREAS , the County, the City of Sebastian, and Nelson C . Hyatt entered into that certain agreement for constructing improvements to Barber Street between FEC Railroad and US 1 , dated January 14, 1997 ( "Agreement ") wherein the County agreed to the abandonment by the County of portions of Easements No . 1 and No . 2 after relocation of certain utilities , all as more specifically set forth therein. WHEREAS , the utilities located in the original easement areas of Easement 1 and Easement 2 have been relocated and a new perpetual easement and right of way for utility purposes has been granted to the County . and recorded in Official Records Book 1594, Page 1012 of the Public Records of Indian River County, all as required under the Agreement. NOW, THEREFORE, the County hereby abandons, releases , and terminates forever all of the County's right, title and interest in and to : a) the portion of Easement No . 1 that is within parcel 1 , more particularly described in Exhibit "A" and depicted in Exhibit " C " , each attached hereto and made a part hereof, and b) that portion of Easement No . 2 that is within parcel 1 and parcel 2 , more particularly described in Exhibit "B " and depicted in Exhibit "C " , each attached hereto and made a part hereof, effective as of the date hereof. IN WITNESS WHEREOF, the County has caused these presents to be executed in its name, the day and year first above written. INgenneth4�Racht, OUNTY t . I Barton, Cle BoaCo sinners ByAp Deputy Cl r Chairman AP ROVED AS ro F BCC Approval Date 8/ 19/03 EGA UO FF F LL ASSISTANT COUNTY ATTORNEY F :\Attomey\met\Unpartial Abandonment of Easements. DOC