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Prepared by and return to - <br />City Attorney <br />P.O. Box 1389 <br />Vero Beach, FL 32961-1389 <br />UTILITY EASEMENT DEED <br />(2016 -EG -0176) <br />THIS INDENTURE made and entered into this day of 2016 by <br />and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (the "Grantor"), <br />whose mailing address is 1801 27`h Street, Building A (South), Vero Beach, FL 32960, and the CITY OF <br />VERO BEACH, a Florida municipal corporation (the "Grantee"), whose mailing address is P.O. Box <br />1389, Vero Beach, FL 32961-1389: <br />(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument <br />and their respective heirs, legal representatives, successors and assigns.) <br />WITNESSETH: <br />That Grantor is the owner in fee simple of that certain real property (the "Property") lying, situate <br />and being in Indian River County, Florida and more particularly described as <br />See Exhibit "A" attached hereto and incorporated herein by this reference (pursuant to <br />Quitclaim Deed dated March 7, 2013, recorded in Official Record Book 2651 at Page <br />1029, Public Records of Indian River County, Florida). <br />That Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, hereby grants to the Grantee, its successors and assigns, a non-exclusive easement in <br />perpetuity for utility purposes, more particularly described in Exhibit "B" (the "Easement"), attached <br />hereto and incorporated herein by reference, which shall run with and be a burden upon the Property. <br />Grantor hereby reserves for itself, it successors, and assigns the right to use the Premises for <br />purposes not inconsistent with the Easement granted herein, including without limitation, the right of <br />ingress, egress and passage by Grantor and its employees, agents, customers, and invitees, over, across, <br />and through the Easement, and the right to pave, sod and install minor landscaping (but not trees) within <br />the Easement. Notwithstanding the foregoing to the contrary, Grantor shall not install, nor allow the <br />installation of trees, buildings, or other vertical structures within the Easement. In addition, Grantor shall <br />coordinate with Grantee the location and installation of any additional other utility lines and/or facilities <br />to be placed in the Easement and any additional utility lines and facilities to cross and intersect the <br />Easement in order to facilitate the orderly development of Grantor's Property and avoid damage or <br />disruption to the utility facilities and lines provided for in this grant of easement. Should the Grantor <br />plant or construct improvements which interfere with the Easement rights granted herein, such <br />improvements shall be subject to removal or destruction by the Grantee, without liability or responsibility <br />thereof on the part of the Grantee. <br />Grantor further grants to the Grantee, its agents, employees, contractors, and assigns, a general <br />ingress/egress easement over and across the driveways, parking, common and open areas of the Property <br />Page 1 of 4 <br />NAClient Docs\Water & Sewer\Easements\2016.03.29.IRC. boys. girls.club.utility wrc.doc <br />21 <br />