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2: Easements. Grantor hereby grants,bargains and conveys to Grantee, its
<br /> successors and assigns,a perpetual,non-exclusive easement across, over,and upon the Easement
<br /> Area,(a)for use by the general public for the purpose of ingress and egress for pedestrian and
<br /> vehicular traffic to and from properties adjoining CR 512(Fellsmere Road)in order to facilitate
<br /> traffic.flow to and from such properties and to reduce traffic movement on CR 512, and(b) for
<br /> use by Grantee,its successors.and assigns, for the installation,operation and maintenance of
<br /> public utilities. Grantee shall have the right at its sole discretion,but not the obligation to
<br /> construct,reconstruct,improve,maintain and repair any road or utility improvements within the
<br /> Easement Area.
<br /> 3. Grantor's Use. Grantor hereby reserves for itself the right to use the Easement
<br /> Area for any purpose not prohibited herein and not inconsistent with any ordinance of Grantee,
<br /> provided however,Grantor's use may not(i)violate any provision of this Agreement,(ii)
<br /> obstruct persons attempting to construct,install,operate,maintain,repair,replace or inspect
<br /> public improvements within the Easement Area,(iii)obstruct passage or the use of the Easement
<br /> Area by the public or(iv)unreasonably interfere with any of Grantee's easements,rights or
<br /> interests under this Agreement.
<br /> 4. Murphy Reservation. Grantor hereby acknowledges and agrees that,pursuant to
<br /> that deed recorded in Official Records Book 32,Page 417 of the Public Records of Indian River
<br /> County,Florida,an easement for state road right-of-way was reserved unto the State of Florida
<br /> over the Easement Area,and that the Easement Area is encumbered by and subject to such
<br /> easement reservation(the'Murphy Deed Easement). Grantor,on behalf of itself, its
<br /> successors, assigns and successors in title to the Easement Area,hereby waives any obJection to
<br /> the existence of the Murphy Deed Easement within the Easement Area and by execution hereof,
<br /> y..r acknowledges and ratifies the existence thereof within the Easement Area.
<br /> 5. Conveyance of Right-of-Way.. Grantor hereby acknowledges that Grantee may
<br /> expand CR 512 in the future,by adding additional travel lanes. In the event that Grantee decides
<br /> to expand CR 512 and Grantee requires right-of-way over the Easement Area for such
<br /> expansion,then upon written demand by Grantee,Grantor will deliver a deed to Grantee, at no
<br /> cost to Grantee, conveying to Grantee right-of-way over the Easement Area in fee-simple title.
<br /> 6. Ownership. Grantor hereby covenants with Grantee that the Grantor is lawfully
<br /> seized of the Easement Area in fee simple, and that the Grantor has good right and lawful
<br /> authority to convey the easements established hereby.
<br /> 7. Miscellaneous.
<br /> a) Successors and Assigns. The covenants herein contained shall bind,and
<br /> the benefits and advantages hereof shall inure to,the respective successors and assigns of the
<br /> parties hereto, and the successors in title to the Easement Area.
<br /> b) Covenants Running With The Land. This Agreement and the easement
<br /> established and created hereby, are hereby declared to be,and shall hereafter continue as,
<br /> covenants running with the title to the Easement Area. Accordingly,the Easement Area shall
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<br /> F0156729.2
<br /> 79
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