6/28/2016 1:50:19 PM
9/30/2015 11:30:45 PM
Official Document Type
Agenda Item Number
Grand Harbor North Land LLC
Spoonbill Marsh Wetland Site
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I JjJ �J <br /> This document was prepared by �, y <br /> and should be returned to 1905353 <br /> THIS DOCUMENT HAS BEEN <br /> the County Attorney 's Office RECORDED IN THE PUBIC RECORDS <br /> 1801 27th Street OF INDIAN RIVER COUNTY FL <br /> BK: 2244 PG.525, Paget of 12 <br /> Vero Beach, Florida 32960 02,12212008 at 03 31 PM, <br /> JEFFREY K BARTON , CLERK OF COURT <br /> AGREEMENT FOR UTILITY EASEMENT <br /> THIS AGREEMENT FOR UTILITY EASEMENT (the "Agreement ' ), <br /> entered into this 9 day of ee- T*Wre. , 2007 , by GRAND HARBOR NORTH <br /> LAND LLC , a Delaware corporation , whose mailing address is 3755 7th Terrace , Suite <br /> 301 , Vero Beach , Florida , 32960 hereinafter called "Grand Harbor' to INDIAN RIVER <br /> COUNTY, a political subdivision of the State of Florida , whose mailing address is 1840 <br /> 25 lh Street, Vero Beach , Florida , 32960 , hereinafter called "County . " <br /> WITNESSETH <br /> WHEREAS , Grand Harbor and the County entered into a Grant of <br /> Restoration , Access and Recreation Easement dated May 3 , 2005 and amended <br /> February 6 , 2007 , herein after referred to as the Agreement; and <br /> WHEREAS , the original Site lies adjacent to the Indian River (the 'River") <br /> and contains approximately 59 acres of estuarine wetlands (originally said to contain 62 <br /> acres under the May 3 , 2005 agreement) and on February 6 , 2007 , an additional 7 . 89 <br /> acres were added to the site , creating a total of 66 . 89 acres ; and <br /> WHEREAS , in accordance with the Agreement, the County has been <br /> working diligently with the various permitting agencies for approval of its Project; and <br /> WHEREAS , the County has requested that Grand Harbor permit the <br /> County to modify the Site to accept brine discharge from the North County Reverse <br /> Osmosis Drinking Water Plant, blend it with water from the Indian River in a system of <br /> detention ponds that will in turn flow into the Indian River and provide for the basis of <br /> improvement of the estuarine habitat and to provide for passive recreation in the form of <br /> boardwalks , fishing areas and nature trails (the "Spoonbill Marsh Project') ; and <br /> WHEREAS , The County is designing a pipeline from the North County <br /> Reverse Osmosis Drinking Water Plant to the Indian River at the Spoonbill Marsh <br /> Project site ; and <br /> WHEREAS , in order to have the brine discharge reach the Spoonbill <br /> Marsh Project, the County must obtain a utility easement from several landowners , <br /> including property owned by Grand Harbor; and <br /> WHEREAS , since execution of the Agreement, Grand Harbor has <br /> submitted an application to develop their property to the west of the Site and is currently <br /> designing roadways and utility easements within their property . The County agrees that <br /> 1 <br />
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