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This Instrument Prepared By: <br />Pattie J. Scott <br />Recurring Revenue Section <br />Bureau of Public Land Administration <br />3900 Commonwealth Boulevard <br />Mail Station No. 125 <br />Tallahassee, Florida 32399 <br />211`249 <br />THIS DOCUMENT HAS KEEN <br />RECORDED IN THE PUN,: T_IC RE: _:ORDS <br />OF INDIAN RIVER COUNTY FL <br />8K: 2472 PG 762, Faget of 8 <br />01/20/2011 at 09:07 AM, DOC: S74AFIS D <br />$0.70 <br />JEFf=REY K 6ARTON, C:I.. ARK Of C(:)URT <br />BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND <br />OF THE STATE OF FLORIDA <br />SOVEREIGNTY SUBMERGED LANDS EASEMENT RECEIVED <br />MODIFICATION TO RELOCATE AND INCREASE PREEMPTED AREA <br />EASEMENT NO.: 40872 SEP 0 3 2010 <br />BOT FILE NO.: 310232373 <br />PA NO.: 31-256136-003 QEF Central pig <br />THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of <br />the State of Florida, hereinafter referred to as the Grantor. <br />WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated <br />herein, the Grantor does hereby grant to Indian River County, Florida, hereinafter referred to as the Grantee, a nonexclusive <br />easement on, under and across the sovereignty lands, if any, contained in the following legal description: <br />A parcel of sovereignty submerged land in Section 14, <br />Township 32 South, Range 39 East, in the Indian River, <br />Indian River County, as is more particularly described <br />and shown on Attachment A, dated May 19, 2010. <br />TO HAVE THE USE OF the hereinabove described premises from July 1, 2010, the effective date of this modified <br />easement, through November 9, 2057, the expiration date of this modified easement. The terms and conditions on and for which <br />this modified easement is granted are as follows: <br />1. USE OF PROPERTY: The above described parcel of land shall be used solely for an intake channel to a siltation <br />basin associated with the construction of a disposal area water treatment plant and Grantee shall not engage in any activity <br />except as described in the State of Florida Department of Environmental Protection, Consolidated Environmental Resource <br />Permit No. 31-256136-001, dated November 9, 2007, and State of Florida Department of Environmental Protection Modified <br />Permit No. 31-256136-003, dated July 1, 2010, incorporated herein and made apart of this easement by reference. All of the <br />foregoing subject to the remaining conditions o this easement. <br />2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules <br />provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by <br />such amended rules within -90 days of the date the amended rules become effective or by a date provided by an invoice from _ <br />the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to <br />accrue on the date that the amended rules become effective. <br />3. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title <br />to the lands described herein nor guarantees the suitability of any of the lands for any particular use. <br />4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States <br />and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. <br />5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS: <br />Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. <br />6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is <br />nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in <br />management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of <br />the property to third parties during the term of this easement. <br />7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works <br />and operations of the Grantee in any matter pertaining to this easement. <br />[441 <br />l <br />