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'1 EASEMENT AND BILL OF SALE OF UTILITY FACILITIES TO CITY OF FELLSMERE , FLORIDA KNOW ALL MEN BY THESE PRESENTS , that : INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County , Florida , whose mailing address is : 1325 74th Avenue , Vero Beach , Florida 32968 , 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 FELLSMERE , a municipal corporation created pursuant to the laws of the State of Florida , the address of which is 21 South Cypress Street , Fellsmere , Florida 32948 , hereinafter called GRANTEE , a perpetual easement and right of way for UTILITY PURPOSES over, across , and beneath the following described land , situate , in the City of Fellsmere , 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 : EXHIBIT " A" ATTACHED HERETO AND MADE A PART HEREOF (Description of Real Property and List of Utility Equipment) 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 arid 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 three ( 3) years 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 . 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 . i' Page 1 of 3 W:1City of Fellsmere\IRC Convenience Center 07wOMeasement and bill of sale UT (2) CITY M5 .Mdoc