P
<br /> L
<br /> 2138347
<br /> Prepared By/Return To : THIS DOCUMENT HAS BEEN
<br /> RECORDED IN THE PUBLIC RECORDS
<br /> Christopher C . Campione, Esq . OF INDIAN RIVER COUNTY FL
<br /> Campione , Campione & Leonard , P . A . BK: 2497 PG : 841 , Pagel of 4
<br /> 31 Royal Palm Pointe 05./ 11 /2011 at 04 : 19 PM , D DOCTAX PD
<br /> Vero Beach , Florida 32960 $0 70
<br /> File No . : 11 -227 . v CCC/Cls JEFFREY K BA. RTON , CLERK OF COURT
<br /> .r � �� �1- 00
<br /> EASEMENT a
<br /> 2�01090
<br /> 13 . A • 3 .
<br /> This Grant of Easement, made and executed this day of May, A . D . , 2011 , by HALE FAMILY
<br /> 1999 LIMITED PARTNERSHIP , a Florida limited partnership , 8965 Palm Breeze Terrace , Vero
<br /> Beach , FL 32960 , hereinafter call GRANTOR* , to INDIAN RIVER COUNTY, FLORIDA, a political
<br /> subdivision of the State of Florida, whose address is 1801 27"' Street, Vero Beach , FL 32960 , hereinafter
<br /> called GRANTEE * ,
<br /> * Whenever used herein the term GRANTOR and GRANTEE include all parties
<br /> to this instrument and their heirs , legal representatives , successors , and assigns .
<br /> WITNESSETH :
<br /> That GRANTOR for and in consideration of the sum of One Dollar and other consideration , receipt of
<br /> which is hereby acknowledged , does hereby grant, bargain , sell , alien , remise, release , convey , and
<br /> confirm unto the GRANTEE a perpetual , non -exclusive easement for ACCESS AND DRAINAGE
<br /> PURPOSES on , over, across , and beneath the following described land , together with the right
<br /> of
<br /> reasonable ingress and egress over and across the following described land as is necessary to
<br /> the
<br /> GRANTEE ' s use of the right granted herein , situate in Indian River County, Florida, to-wit :
<br /> SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
<br /> And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the premises in fee
<br /> simple , and that it has good right and lawful authority to convey the easement established hereby .
<br /> GRANTOR and its successors and assigns , shall have the option to design a joint stormwater retention
<br /> pond that meets the stormwater needs of both the Grantor and the Grantee . Any such joint stormwater
<br /> retention pond shall be designed to have no adverse impacts to the County ' s 66`x' Avenue
<br /> Project
<br /> drainage . The Grantee shall have the right to review and approve of the design of any joint stormwater
<br /> retention pond . Any expansion of the County ' s stormwater retention pond on Parcel 409 shall be at the
<br /> Grantor ' s sole expense . The Grantee and Grantor shall grant each other any easements needed to obtain
<br /> positive outfall and water treatment . Grantor shall own the fill dug from any expansion of the Grantee ' s
<br /> stormwater retention pond .
<br /> GRANTOR and its successors and assigns , shall have the option to relocate any joint stormwater
<br /> retention pond to another site or sites on the Parent Parcel so long as there are no adverse impacts on
<br /> drainage from 66t" Avenue Project . Should Grantor relocate any pond , the parties shall execute an
<br /> exchange of properties agreement pursuant to 125 . 37 Fla . Stat . (2008 ) . The Grantee shall have the right
<br /> to review and approve of the design of any pond relocation . Any relocation of any joint stormwater
<br /> retention pond shall be at the Grantor ' s sole expense . The Grantee and Grantor shall grant each other any
<br /> easements needed to obtain positive outfall and water treatment in the new pond( s) . Grantor shall take
<br /> over maintenance of any such relocated pond ( s) . Drainage from the 66`I' Avenue Project shall not be
<br /> adversely affected .
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