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a 't�� q,li3 ATRUE COPY
<br /> } 13 . C CERTIFICATION ON LAST PAGE
<br /> rJ �� J . R . SMITH , CLERK
<br /> This Instrument Prepared By and Return To: T
<br /> Right-of--Way Department/Julie Franklin
<br /> Florida Gas Transmission Company
<br /> Post Office Box 945100
<br /> Maitland , Florida 32794-5100
<br /> Project No. : 12=276
<br /> Tract No . : FLBQQ4NnDI -001
<br /> 1311
<br /> ENCROACHMENT AGREEMENT
<br /> THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into
<br /> this Lett, day of February , 2013 , by and between FLORIDA GAS
<br /> TRANSMISSION COMPANY, LLC , a Delaware limited liability company , (" FGT") , with
<br /> principal offices at 5051 Westheimer Road , Houston , Texas 77056 , and , INDIAN
<br /> RIVER COUNTY , a political subdivision of the State of Florida (" IRC") , whose address
<br /> is 180127 th Street, Vero Beach , Florida 32960 .
<br /> WITNESSETH THAT :
<br /> WHEREAS , FGT is the owner and holder of a Stipulated Order of Taking dated
<br /> April 6 , 2000 , and recorded in Book 1338 , at Pagel 100 , Official Records , Indian River
<br /> County (" Easement Agreement") , covering lands located in , among others , Section 13 ,
<br /> Township 33 South , Range 39 East, Official Records , Indian River County , Florida as
<br /> described in the Easement Agreement (" Lands") ; and
<br /> WHEREAS , pursuant to the authority contained in the Easement Agreement, FGT
<br /> has constructed and currently operates and maintains an eight- inch (8") natural gas
<br /> pipeline and related surface and subsurface appurtenances , (collectively , the " Pipeline
<br /> Facilities") , across and through the Lands ; and
<br /> WHEREAS , IRC is the present holder of an easement across that portion of the
<br /> Lands described in Exhibit " B" attached hereto and made a part hereof for all purposes
<br /> ("Owned Premises") , with Pipeline Facilities situated thereon ;
<br /> WHEREAS , IRC desires to construct an eight- inch (8") pvc water main crossing
<br /> the FGT twelve-foot ( 12` ) wide easement (" Easement Area") and the Pipeline Facilities
<br /> as depicted on Exhibit "C" ("Encroachment") attached hereto and made a part hereof
<br /> pursuant to the terms and provisions of this Agreement; and
<br /> WHEREAS , IRC has been advised by FGT that FGT is a natural gas transmission
<br /> company and that FGT operates a high pressure underground natural gas Pipeline
<br /> Facilities through the Owned Premises ; and
<br /> WHEREAS, IRC has requested written consent from FGT to maintain , use , and
<br /> enjoy the Encroachment upon a portion of the Easement Area and in close proximity to
<br /> the Pipeline Facilities ; and
<br /> WHEREAS , FGT is willing to grant such consent upon the terms and conditions
<br /> hereafter set forth.
<br /> NOW, THEREFORE , in consideration of the mutual covenants , terms and
<br /> conditions set forth in this Encroachment Agreement, FGT and IRC agree as follows :
<br /> 1 . To the extent that FGT has the right to do so , FGT hereby grants consent to
<br /> IRC to maintain , operate and use the Encroachment on the Owned Premises and the
<br /> Easement Area , and in close proximity to the Pipeline Facilities , subject to compliance
<br /> with the following terms and conditions :
<br /> A. To the extent allowed by law , and without waiving sovereign immunity, . IRC
<br /> hereby assumes all risks for damages , injuries , or loss to either property or persons ,
<br /> caused by , or arising out of, or resulting from , or in any way associated with the
<br /> installation , construction , use , maintenance , repair or replacement of the Encroachment.
<br />
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