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• ` g /C:z <br /> , <br /> r ` & <br /> � cP / �V•- � 17 <br /> 2242762 <br /> THIS DOCUMENT HAS BEEN <br /> RECORDED IN THE PUBLIC RECORDS <br /> �+ RETURN TO : OF INDIAN RIVER COUNTY FL <br /> BK: 2612 PG :38, Pagel of 16 <br /> 10/06/2012 at 12: 30 PM, <br /> County Attorney ' s Office <br /> 1801 27th Street JEFFREY R SMITH, CLERK OF COURT <br /> Vero Beach, Fl 32960 <br /> NON-EXCLUSIVE EASEMENT AGREEMENT <br /> THIS NON-EXCLUSIVE EASEMENT AGREEMENT (this "Agreement") is <br /> entered into as of the [�+h day of20129 by and between Indian River County, a <br /> political subdivision of the State oilorida, whose address is 1801 27th Street, Vero Beach, FL <br /> 32960 (the "Grantee" or "County"), and Vista Plantation Association, Inc . , a Florida non-profit <br /> corporation, whose address is 49 Plantation Drive, Vero Beach, FL 32966 (the "Grantor" or <br /> "Association") . <br /> RECITALS , <br /> WHEREAS, Association currently owns the real property located in Indian River <br /> County, Florida, and legally described in Exhibit "A- 1 " attached hereto and made a part hereof <br /> (the "Association Property") . <br /> WHEREAS , County currently owns or controls the real property located adjacent to the <br /> Association Property in Indian River County, Florida, and legally described in Exhibit "A-2" <br /> attached hereto and made a part hereof (the "County Property") . <br /> WHEREAS, to avoid eminent domain litigation, the Association desires to grant to <br /> County for the benefit of the County Property, i) a non-exclusive easement for stormwater <br /> drainage, treatment and detention purposes (the "Drainage Easement Purpose") over, under, and <br /> through a portion of the Association Property legally described and depicted on the sketch(s) <br /> labeled "Drainage Easement" ; and ii) a non-exclusive easement for vehicular and pedestrian <br /> access over, under, and through a portion of the Association Property legally described and <br /> depicted on the sketch(s) labeled "Access Easement" both of which are attached hereto as <br /> Exhibit 11A-3 " and made a part hereof (collectively the "Easement Area") . <br /> NOW THEREFORE , in consideration of the mutual undertakings herein, and other <br /> good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the <br /> Parties agree, as follows : <br /> WPB : 334639 : 1 <br />