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<br />3120180056279
<br />RECORDED IN THE PUBLIC RECORDS OF
<br />JEFFREY R SMITH, CLERK OF COURT
<br />BEAN MEADINDIA RIVER COUNTY FL
<br />7380 Murrell Road, Sub 200 BK. 3148 PG 721 Page 1 of 5 9/13/2018 3 16 PM
<br />Viera,HFL 32940 F� D DOCTAX PD $0.70
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<br />Perpetual Beach Manaeement and Assessment Easement
<br />Grantor: Florida Institute of Technology, Inc.
<br />150 W. University Blvd.
<br />Melbourne, FL 32901-6988
<br />Grantee: Indian River County, Florida, a political subdivision
<br />of the State of Florida, 1801 27th Street,
<br />Vero Beach, Florida 32960
<br />Date: August Q I , 2018
<br />In consideration of the sum of one dollar ($1.00) and other valuable considerations, receipt
<br />which is acknowledged, Grantor grants to Grantee, its agents, successors and assigns, an
<br />assignable perpetual easement and right-of-way in, on, over and across the land described in
<br />Schedule "A" for use by the Board of County Commissioners of Indian River County, Florida
<br />("County"), its representatives, agents, contractors, and assigns, to construct, preserve, patrol,
<br />operate, maintain, repair, rehabilitate, and replace a public beach and dune system and other
<br />erosion control and storm damage reduction measures together with appurtenances thereto,
<br />including the right to deposit sand; to accomplish any alterations of contours on said land; to
<br />construct berms and dunes; to nourish and renourish periodically; to move, temporarily store and
<br />remove equipment and supplies; to erect and remove temporary structures (as used herein, the
<br />words "temporary structures" does not include buildings of any kind); and to perform any other
<br />work necessary and incident to the construction, periodic renourishment, maintenance, and
<br />implementation of the Indian River County's Beach Preservation Plan, together with the right of
<br />public use and access for recreational purposes, including, but not limited to normal use of the
<br />sandy beach area for beach swimming, sunbathing and other traditional beach recreational
<br />activities, only on the portion of Granter's property described in Schedule "A"; to protect and
<br />monitor nesting marine turtles and hatchlings from the adverse effects of anthropogenic activity
<br />as required by the Florida Fish and Wildlife Conservation Commission Marine Turtle Permit
<br />issued to the County and the County Habitat Conservation Plan in order to provide for overall
<br />improvement in nesting habitat and to increase successful nesting activities and production of
<br />hatchlings on the beaches located in the state of Florida; to salvage for the purpose of protecting
<br />public health and welfare; to plant vegetation on said dunes and berms; to facilitate preservation
<br />of dunes and vegetation (provided, however that the Grantor shall retain the right to construct
<br />one or more dune crossovers provided all applicable federal, state, and local permits and
<br />approvals for any such crossovers are obtained); to remove from said land debris and
<br />obstructions within the limits of the easement; and further reserving to the Grantor, its successors
<br />and assigns all such rights and privileges as may be used and enjoyed without interfering with or
<br />abridging the rights and easements hereby acquired; subject however to existing easements for
<br />public utilities and pipelines. None of the easement rights granted hereunder are intended to give
<br />the Grantee, and shall not be construed or deemed to give the Grantee, the right to prohibit or
<br />restrict the Grantor and its successors and assigns from using and enjoying the sandy portion of
<br />the beach within the land described in Schedule "A" for recreational purposes in the same
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