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A TRUE COPY
<br />,t.fi+.;', 1CATION ON LAST PAGE
<br />L. 31frLER, CLERK
<br />This Instrument Prepared By and Return To:
<br />Right -of -Way Department/Amy Powell
<br />Florida Gas Transmission Company
<br />2301 Lucien Way, Suite 200
<br />Maitland, Florida 32751
<br />Project No.: 24-314
<br />Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012
<br />ENCROACHMENT AGREEMENT
<br />THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into
<br />this day of , 2024, by and between FLORIDA GAS
<br />TRANSMISSION COMPANY, LLC, a Delaware limited liability company ("FIST"), with
<br />principal offices at 1300 Main Street, Houston, Texas 77002, and INDIAN RIVER
<br />COUNTY, a political subdivision of the State of Florida, (COUNTY), whose address is 1801
<br />27th Street, Vero Beach, Florida 32960.
<br />WITNESSETH THAT:
<br />WHEREAS, FGT is the holder of an easement under the provisions of that certain
<br />Easement Grant dated December 9, 1959, recorded in Book 89, Page 373, that certain
<br />Easement Grant dated September 25, 1967, recorded in Book 266, Page 226, that certain
<br />Order of Taking dated February 12, 1959, recorded in Book 69, Page 334, and that certain
<br />Order of Taking dated March 12, 1968, recorded in Book 280, Page 176, all in Official
<br />Records, Indian River County, Florida ("Easement Agreement"), covering lands located
<br />in Section 33 & 34, Township 32 South, Range 38 East, Indian River County, Florida as
<br />described in the Easement Agreement ("Lands"); and
<br />WHEREAS, pursuant to the authority contained in the Easement Agreement, FGT
<br />has constructed and currently operates and maintains a twenty inch (20") natural gas
<br />pipeline and a twenty-six inch (26") natural gas pipeline and related surface and
<br />subsurface appurtenances, (collectively, the "Pipeline Facilities"), across and through the
<br />Lands; and
<br />WHEREAS, COUNTY possesses right-of-way interests through a portion of the
<br />Easement Area, described in Exhibit "B" attached hereto and made a part hereof for all
<br />purposes ("Property"), a portion of which is encumbered by the FGT Easement and the
<br />Pipeline Facilities situated thereon; and
<br />WHEREAS, COUNTY seeks consent to install a four inch (4") force main and an
<br />eight inch (8") water main under the pipeline via directional bore at two different crossings,
<br />as well as an asphalt roadway with curbing and a concrete sidewalk above the pipeline
<br />at two different crossings, all crossing are within and over FGT's seventy-seven and a
<br />half foot (77.5') easement ("Easement Area") and the Pipeline Facilities as depicted on
<br />Exhibit "C" attached hereto and made a part hereof ("Encroachment"), pursuant to the
<br />terms and provisions of this Agreement; and
<br />WHEREAS, COUNTY has been advised by FGT that FGT is a natural gas
<br />transmission company and that FGT operates a high pressure underground natural gas
<br />Pipeline Facilities through the Owned Premises; and
<br />WHEREAS, COUNTY has requested written consent from FGT to install, construct,
<br />maintain, use, operate, repair, replace and enjoy the Encroachment upon a portion of the
<br />Easement Area and in close proximity to the Pipeline Facilities; and
<br />WHEREAS, FGT is willing to grant such consent upon the terms and conditions
<br />hereafter set forth.
<br />NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
<br />set forth in this Encroachment Agreement, FGT and COUNTY agree as follows:
<br />1. To the extent that FGT has the right to do so, FGT hereby grants consent to
<br />COUNTY to install, construct, maintain, use, operate, repair, replace and enjoy the
<br />Encroachment on the Owned Premises and the Easement Area, and in close
<br />proximity to the Pipeline Facilities, subject to compliance with the following terms
<br />and conditions:
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