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PREPARED BY AND RETURN TO: Karen Ferguson, Esq. St. Johns River Water Management District P.O. Box 1429 Palatka, Florida 32178-1429 LA # EASEMENT THIS EASEMENT is given this day of January 2023 (Effective Date), by ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373 of the Florida Statutes, whose mailing address is 4049 Reid Street, Palatka, Florida 32177 (Grantor) and Indian River County, whose mailing address is 1801 27th Street, Vero Beach, FL 32960 (Grantee). As used herein, the term "Grantor" shall include any and all successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term "Grantee" shall include any heirs, successors or assigns of Grantee. WITNESSETH WHEREAS, Grantee wishes to extend a multi -use trail as part of the Florida Department of Transportation's Rails to Trails project along the of the historic Trans -Florida Railroad Trail through a portion of the St. Sebastian River Buffer Preserve State Park. WHEREAS, Grantor and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Trustees) jointly own certain lands situated in Indian River County, Florida, commonly known as the St. Sebastian River Buffer Preserve State Park, and more specifically described in Exhibit "A" attached hereto and incorporated herein (Easement Property). WHEREAS, the Trustees amended the Trustees' Easement 32851, granted to Indian River County, Florida for its interest in the Easement Property. WHEREAS, the Grantee has requested an Easement for ingress and egress over, on, under and upon the Easement Property for the purpose of designing, constructing, and maintaining a 1.4 -mile paved multi -use trail as an extension of the Florida Department of Transportation's Rails to Trails along the historic Trans -Florida Railroad Trail . WHEREAS, Grantor has agreed to grant and convey to Grantee, a permanent non- exclusive access easement over, on, upon, and across the Property for the specific and limited purposes set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, together with other good and valuable consideration provided to Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual non-exclusive easement (Easement) for and in favor of Grantee upon the Easement Property described on Exhibit "A" which shall run with the land and be binding upon the Grantor. The scope, nature, and character of this Easement shall be as follows: 1. Recitals. The recitals herein are true and correct and are hereby incorporated into and made a part of this Easement. 2. Grant of Easement. Grantor hereby gives, grants, bargains, sells and conveys to Page z of 2