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Re : County Administration Complex 7j 7900708 THIS DOCUMENT HAS BEEN RECORDED Instrument prepared by and should be IN THE PUBLIC RECORDS OF returned to County Attorney's Office INDIAN RIVER COUNTY FL BK: 2238 PG :489, Pagel of 7 01/30/2008 at 03:38 PM, D DOCTAX PD 80.10 JEFFREY K BARTON, CLERK OF COURT EASEMENT AND BILL OF SALE OF UTILITY FACILITIES TO THE CITY OF VERO BEACH , FLORIDA KNOW ALL MEN BY THESE PRESENTS , that : INDIAN RIVER COUNTY, a political subdivision of the State of Florida , the address of which is 1801 27th Street , Vero Beach , FL 32960 , hereinafter called GRANTOR , in consideration of value received , the receipt and sufficiency of which is hereby acknowledged , has and does hereby grant , bargain , sell , alien , remise , release , convey , and confirm unto the CITY OF VERO BEACH , a municipal corporation of the State of Florida , the address of which is Post Office Box 1389 , Vero Beach , FL 32961 , hereinafter called GRANTEE , a perpetual public utility easement over , across , and beneath the following described land , situate , in Indian River County , Florida, for the purpose of installing , replacing , repairing , and maintaining the hereinafter described utilities , and further sells , assigns or conveys title to all utility facilities now installed by or on behalf of GRANTOR , to-wit : EXHIBITS "A" and "B " ATTACHED HERETO AND MADE A PART HEREOF (Legal Description of Real Property and list of Utility Facilities) And GRANTOR hereby warrants to the GRANTEE that it is lawfully seized of free and unencumbered title to the above-described real estate and facilities conveyed hereby ; that all persons or entities which have supplied labor or materials with respect to these facilities have been paid in full , that none of them has any claim whatsoever with respect thereto , and that the GRANTOR has full authority to make this conveyance and will warrant and defend the granting and sale of said property and utility facilities hereby made unto GRANTEE against the lawful claims and demands of all persons whomsoever. GRANTOR hereby further warrants that should the above described utility facilities fail or otherwise become defective during a period of one year from the date of acceptance of same by GRANTEE , due to defective materials or workmanship , GRANTOR shall upon each occasion be responsible in all respects for such failure or defect and shall correct same at GRANTOR's sole cost and without expense to GRANTEE upon reasonable notice by GRANTEE . GRANTOR shall be solely liable and shall save GRANTEE harmless from any direct or consequential damage attributable to such failure or defect solely limited to the warranty period . GRANTOR hereby also assigns all its right , title , and interest in and to manufacturer' s or supplier' s warranties with respect to the described facilities . (page one of two)