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Prepared by and return to : g • C Office of the City Attorney P . O . Rox 1389 i Vcro Beach , PL 32961 - 1389 UTILITY AND ACCESS EASEMENT DEED ( " A " and " 13 ") ( 2010 - EG - 0076 ) THIS IN .DLNTt) RE made and entered into thisqday ofr�r- by and between INDIAN RIVI4, R COUNTY , a political subdivision of the State of Florida ( the " Grantor " ) , \, \, hose mailing adch- css is 1801 27 " ' Street , Building A ( South) , Vero Beach , FL 32960 , and the CITY OI " VLRO BEACH , a Florida municipal corporation ( the " Grantee ")) whose mailing address is P . O . Box 1389 , Vcro Beach , FL 32961 - 1389 : ( Wherever used herein the terms " Grantor " and " Grantee " include all the parties to this instrument and their respective heirs , legal represell tat 1" Ves , successors and assigns . ) WITNESSETH-1 : That Grantor is the owner in fee simple of that certain real property ( the "Property " ) lying , situate and being in lnclian River County , Florida and more particularly described as cornmencc at the SollthWest corner of the Southeast quarter of Section 2 , " Fownship 33 South , Range 39 Fast , and run S 89 " 22 ' F along the section line 978 . 48 beet . Then run N 0 ° 56 ' 45 " 1 along the centerline of 17 "' Avenue 1126 . 14 feet to a point . Then run N 89 ° 07 ' 33 " W 35 feet to a POINT OF BEGINNING . `I�hen run N 890 07 ' 33 " W 318 , 00 feet to a point . ' then run N 00 56 ' 45 " E 140 feet to a point Then run S 89" 07 ' 33 " E 318 . 00 feet to a point . Then run S 0 ° 56 ' 4 .5 " W 140 feet to the POINT OF 13LCiINNIN J . Containing 1 . 02 acres more or less . That Grantor, for good and valuable consideration , the receipt and sufficiency of which are hereby ackrnowledged , hereby grants to the Grantee , its successor and assigns, a non - exclusive easement in perpetuity for utility purposes , more particularly described in Exhibit " A " ( the "basement Premises ... attached hereto and incorporated herein L) y reference , which shall rum %with and be a burden upon the. Property . Grantor hereby reserves for itself, it successors , and assigns the right to use the Easement Premises for purposes not inconsistent with the Easement granted herein , including without limitation , the right oi ' ingress , egress and passage by Grantor and its employees , agents , customers , and invitees , over , across , and through the Easement Premises , and the right to pave , sod and install minor landscaping ( but not trees) withil-I the Easement Premises . Notwithstanding the foregoing to the contrary . Grantor shall not install , nor allow the installation of trees , buildings , or other vertical structures within the Easement Promises . In addition , Grantor shall coordinate with Grantee the location and installation of any additional other utility lines and / or facilities to be placed in the basement Premises and any additional utility lines and facilities to cross and intersect the Easement Premises in order to facilitate the orderly development of Grantor ' s Property and avoid damage or clisruption to the utility facilities and lines provided for in this grant of casement . Should the Grantor plant or construct improvements , Which Page I of 4 C :Al:kicinnents and setlmgs\dgay\ Local SeningsCremporuy Internet I'ileslConicntLOutlook\RU197ZRD\ IRC boys girls club ulili1 % nov 2010 - wrc ( 2 ) _doc