Laserfiche WebLink
GRANT OF NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT <br />FOR INGRESS AND EGRESS <br />THIS TEMPORARY CONTRUCTION EASEMENT is made, granted and entered into this 5 th <br />day of Ma rnh , 20_24 <br />, by INDIAN RIVER COUNTY SOLID WASTE DISPOSAL <br />DISTRICT, a dependent special district of Indian River County, Florida, (hereinafter referred to as <br />"Grantor"), to NOPETRO ECO DISTRICT, LLC, a Florida Limited Liability Company, its successors and <br />assigns, whose real property is adjacent to the real property of the Grantor, (hereinafter referred to as <br />"Grantee): <br />WITNESSETH <br />The Grantor is the owner of certain land lying, situate and being in Indian River County, Florida, <br />and being more particularly described as shown and depicted in the attached Exhibit A, which is <br />incorporated by reference as if fully depicted herein and is subject to such exhibit (hereinafter the "Easement <br />Property"), a portion of which is described as follows: <br />A 50.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT SITUATED, LYING, AND BEING IN PART OF THOSE CERTAIN PARCELS OF LAND DESCRIBED AS <br />TRACTS 2, 7, AND 10, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS <br />COMPANY'S SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, <br />FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID EASEMENT BEING 50.00 FEET WIDE IN TOTAL WITH THE SPECIFIC <br />WIDTHS AS DESCRIBED ON EACH SIDE OF THE FOLLOWING DESCRIBED BASELINES: <br />COMMENCING AT THE NORTHEAST CORNER OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE AFORESAID PLAT OF <br />INDIAN RIVER FARMS COMPANY'S SUBDIVISION, RUN NORTH 89' 42' 20" WEST ALONG THE NORTH LINE OF SAID TRACTS 9 AND 10, SAID NORTH LINE ALSO <br />BEING THE CENTERLINE OF A 60 FEET WIDE ROAD AND CANAL RESERVATION AS SHOWN ON THE AFORESAID PLAT OF INDIAN RIVER FARMS COMPANY'S <br />SUBDIVISION. A DISTANCE OF 1.565.53 FEET TO A POINT'A": FROM SAID POINT "A" AND DEPARTING SAID NORTH LINE. RUN SOUTH 00° 17,4X WEST, <br />PERPENDICULAR TO SAID NORTH LINE, A DISTANCE OF 15.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST. THENCE RUN <br />SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 36'52'12", A DISTANCE OF 16.09 FEET <br />TO THE SOUTH LINE OF THE AFORESAID 60 FEET WIDE ROAD AND CANAL RESERVATION AND THE POINT OF BEGINNING OF A 50.00 FEET WIDE TEMPORARY <br />CONSTRUCTION EASEMENT "SOUTH". SAID EASEMENT BEING 10.00 FEET NORTH OF AND 40.00 FEET SOUTH OF THE FOLLOWING DESCRIBED BASELINE: <br />That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the <br />Grantee and other good and valuable consideration, the receipt of which is hereby acknowledged, does <br />hereby grant to the Grantee, its successors and assigns, a non-exclusive, temporary construction easement <br />over the Easement Property, subject to all the terms and conditions herein: <br />The Grantee shall have the right and privilege to utilize the Easement Property for ingress and <br />egress of construction equipment and material purposes, and with all rights and privileges necessary or <br />convenient for the full enjoyment or use thereof for the herein -described purposes, including, but not limited <br />to the right to cut and keep clear all trees and undergrowth and other obstructions within said area that may <br />interfere with the proper use of the Easement Property, and the right of ingress and egress for personnel and <br />equipment of Grantee, its contractors, agents, successors or assigns, for the purpose of exercising and <br />enjoying the rights granted by this temporary construction easement and any or all of the rights granted <br />hereunder. <br />The Grantor shall permit Grantee authority to enter upon the Easement Property of the Grantor at <br />any time during the Grantor's normal business hours and at other times upon receiving the Grantor's prior <br />consent, for ingress and egress to the Grantee's Landfill Gas Assets located on Grantor's property, to install, <br />operate, maintain, service, construct, reconstruct, remove, relocate, repair, replace, improve, and inspect the <br />Grantee's Landfill Gas Assets and other improvements that are located in, on, over, under, and across the <br />Easement Property. <br />The Grantee's Landfill Gas Assets include, but are not limited to, the Grantee's pipelines, wires, <br />compressors, coolers, metering equipment, valves, controls and other related equipment for the <br />