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PREPARED BY AND RETURN TO: <br />Karen Ferguson, Esq. <br />St. Johns River Water Management District <br />P.O. Box 1429 <br />Palatka, Florida 32178-1429 <br />%VOL-0150-yb <br />LA # 2390 <br />EASEMENT <br />3120230002897 <br />RECORDED IN THE PUBLIC RECORDS OF <br />JEFFREY R SMITH, CLERK OF COURT <br />INDIAN RIVER COUNTY FL <br />BK: 3595 PG 1782 Page 1 of 8 1/20/2023 3 51 PM <br />THIS EASEMENT is given this day of January, 2023 (Effective Date), by ST. <br />JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under <br />Chapter 373 of the Florida Statutes, whose mailing address is 4049 Reid Street, Palatka, Florida <br />32177 (Grantor) and Indian River County, whose mailing address is 1801 27th Street, Vero <br />Beach, FL 32960 (Grantee). As used herein, the term "Grantor" shall include any and all <br />successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter <br />defined) and the term "Grantee" shall include any heirs, successors or assigns of Grantee. <br />WITNESSETH <br />WHEREAS, Grantee wishes to extend a multi -use trail as part of the Florida <br />Department of Transportation's Rails to Trails project along the of the historic Trans -Florida <br />Railroad Trail through a portion of the St. Sebastian River Buffer Preserve State Park. <br />WHEREAS, Grantor and the Board of Trustees of the Internal Improvement Trust <br />Fund of the State of Florida (Trustees) jointly own certain lands situated in Indian River <br />County, Florida, commonly known as the St. Sebastian River Buffer Preserve State Park, and <br />more specifically described in Exhibit "A" attached hereto and incorporated herein (Easement <br />Property). <br />WHEREAS, the Trustees amended the Trustees' Easement 32851, granted to Indian <br />River County, Florida for its interest in the Easement Property. <br />WHEREAS, the Grantee has requested an Easement for ingress and egress over, on, <br />under and upon the Easement Property for the purpose of designing, constructing, and <br />maintaining a 1.4 -mile paved multi -use trail as an extension of the Florida Department of <br />Transportation's Rails to Trails along the historic Trans -Florida Railroad Trail. <br />WHEREAS, Grantor has agreed to grant and convey to Grantee, a permanent non- <br />exclusive access easement over, on, upon, and across the Property for the specific and limited <br />purposes set forth herein. <br />NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and <br />conditions set forth herein, together with other good and valuable consideration provided to <br />Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby <br />voluntarily grants, creates, conveys, and establishes a perpetual non-exclusive easement <br />(Easement) for and in favor of Grantee upon the Easement Property described on Exhibit "A" <br />which shall run with the land and be binding upon the Grantor. <br />Page 1 of 5 <br />