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2: Easements. Grantor hereby grants, bargains and conveys to Grantee, its
<br /> successors and assigns, a perpetual, non-exclusive easement across, over, and upon the Easement
<br /> Area, (a) for use by the general public for the purpose of ingress and egress for pedestrian and
<br /> vehicular traffic to and from properties adjoining CR 512 (Fellsmere Road) in order to facilitate
<br /> traffic . flow to and from such properties and to reduce traffic movement on CR 512, and (b) for
<br /> use by Grantee, its successors and assigns, for the installation, operation and maintenance of
<br /> public utilities. Grantee shall have the right at its sole discretion, but not the obligation to
<br /> construct, reconstruct, improve, maintain and repair any road or utility improvements within the
<br /> Easement Area,
<br /> 3 . Grantor' s Use. Grantor hereby reserves for itself the right to use the Easement
<br /> Area for any purpose not prohibited herein and not inconsistent with any ordinance of Grantee,
<br /> provided however, Grantor' s use may not (i) violate any provision of this Agreement, (ii)
<br /> obstruct persons attempting to construct, install, operate, maintain, repair, replace or inspect
<br /> public improvements within the Easement Area, (iii) obstruct passage or the use of the Easement
<br /> Area by the public or (iv) unreasonably interfere with any of Grantee' s easements, rights or
<br /> interests under this Agreement.
<br /> 4. Murphy Reservation. Grantor hereby acknowledges and agrees that, pursuant to
<br /> that deed recorded in Official Records Book 32, Page 417 of the Public Records of Indian River
<br /> County, Florida, an easement for state road right-of--way was reserved unto the State of Florida
<br /> over the Easement Area, and that the Easement Area is encumbered by and subject to such
<br /> easement reservation (the "Murphy Deed Easement'). Grantor, on behalf of itself, its
<br /> successors, assigns and successors in title to the Easement Area, hereby waives any objection to
<br /> the existence of the Murphy Deed Easement within the Easement Area and by execution hereof,
<br /> acknowledges and ratifies the existence thereof within the Easement Area,
<br /> 5 . F Convevance of Right-of-May. . Grantor hereby acknowledges that Grantee may
<br /> expand CR 512 in the future, by adding additional travel lanes. In the event that Grantee decides
<br /> to expand CR 512 and Grantee requires right-of--way over the Easement Area for such
<br /> expansion, then upon written demand by Grantee, Grantor will deliver a deed to Grantee, at .no
<br /> cost to Grantee, conveying to Grantee right-of--way over the Easement Area in fee-simple title.
<br /> 6. Ownershiv . Grantor hereby covenants with Grantee that the Grantor is lawfully
<br /> seized of the Easement Area in fee simple, and that the Grantor has good right and lawful
<br /> authority to convey the easements established hereby.
<br /> 7. Miscellaneous.
<br /> a) Successors and Assigns . The covenants herein contained shall bind, and
<br /> the benefits and advantages hereof shall inure to, the respective successors and assigns of the
<br /> parties hereto, and the successors in title to the Easement Area.
<br /> b) Covenants Running With The Land. This Agreement and the easement
<br /> established and created hereby, are hereby declared to be, and shall hereafter continue as,
<br /> covenants running with the title to the Easement Area. Accordingly, the Easement Area shall
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<br /> F0156729.2
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