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M <br />�4 @y <br />V2� <br />.J <br />W 0 <br />T 0 Ce ? <br />Instrument prepared by ar+d <br />shoteM be 0 00"o 01&4 0o Me <br />County Attorney's Office <br />1840 25`h Street, Vero Beach, FL <br />EASEMENT <br />1559776 <br />THIS DOCUMENT HAS BEEN RECORDED <br />IN THE PUBLIC RECORDS OF <br />INDIAN RIVER COUNTY FL <br />BK: 1758 PG:540, Pagel of 3 <br />07/13/2004 at 10:28 AM, <br />D DOCTAX PD $0.70 <br />JEFFREY K BARTON, CLERK OF <br />COURT <br />This Grant of Easement, made and executed this .z7/�ay of zooK Lr E' , A.D., 2004, by <br />DODGERTOWN VENTURE, LLLP, a Delaware limited liability limited partnership, whose <br />address is 3001 Ocean Drive, Suite 202, Vero Beach, Florida 32963, hereinafter called <br />GRANTOR', to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of <br />Florida, whose address is 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTEE", <br />"Whenever used herein the term GRAN'T'OR and GRANDE include all parties <br />to this instrument and their heirs, legal representatives, successors, and assigns. <br />WITNESSETH: <br />That GRANTOR for and in consideration of GRANTEE's credit to GRANTOR of $75,000 of <br />Traffic Impact Fee Credits and other consideration, receipt of which is hereby acknowledged, does <br />hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE a non- <br />exclusive easement for DRAINAGE and STORMWATER MANAGEMENT PURPOSES <br />sufficient to drain and store 1.2064 -acre feet of stormwater run-off from 43rd Avenue right-of-way <br />within the stormwater management facilities to be located on, over, across, and beneath the <br />following described land, together with the right of reasonable ingress and egress over and across <br />the following described land as is necessary to the GRANTEE's use of the right granted herein, <br />situate in Indian River County, Florida, to -wit: <br />SEE EXHIBIT 'W ATTACHED HERETO AND MADE A PART HEREOF <br />[which is Parcel 3A of the David Jones Survey dated 3/24/04, Job 97-204-120] <br />(hereinafter called the "Easement Area") <br />And GRANTOR, in the event that GRANTEE constructs 431 Avenue widening project in advance <br />of GRANI"OR's development of Parcel 3A, hereby grants to GRANTEE a Temporary <br />Construction Easement sufficient to drain and store 1.2064 -acre feet of stormwater run-off from <br />43rd Avenue right-of-way on the Easement Area. Reserving unto GRANTOR the right to substitute <br />and reconstruct said 1.2064 -acre feet of stormwater retention in such other location of Parcel 3A, as <br />described above, as necessary to accommodate GRANTOR's development plans. At such time as <br />the development of Parcel 3A occurs, GRANTOR shall execute an amendment to this Easement in <br />recordable form, to properly reflect the location of the stormwater management facilities actually <br />constructed on the Easement Area. <br />