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This Instrument Prepared By and Return To:
<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.: FLBQQ-INDI-001
<br /> ENCROACHMENT AGREEMENT
<br /> THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into
<br /> this day of , 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 1801 27th 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 3aSouth, Range 3D 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.
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