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'1 <br /> EASEMENT AND BILL OF SALE OF UTILITY FACILITIES <br /> TO <br /> CITY OF FELLSMERE , FLORIDA <br /> KNOW ALL MEN BY THESE PRESENTS , that : <br /> INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of <br /> Indian River County , Florida , whose mailing address is : 1325 74th Avenue , Vero Beach , Florida <br /> 32968 , hereinafter called GRANTOR , in consideration of value received , the receipt and <br /> sufficiency of which is hereby acknowledged , has and does hereby grant , bargain , sell , alien , <br /> remise , release , convey , and confirm unto the CITY OF FELLSMERE , a municipal corporation <br /> created pursuant to the laws of the State of Florida , the address of which is 21 South Cypress <br /> Street , Fellsmere , Florida 32948 , hereinafter called GRANTEE , a perpetual easement and right <br /> of way for UTILITY PURPOSES over, across , and beneath the following described land , <br /> situate , in the City of Fellsmere , Florida , for the purpose of installing , replacing , repairing , and <br /> maintaining the hereinafter described utilities , and further sells , assigns or conveys title to all <br /> utility facilities now installed by or on behalf of GRANTOR , to-wit : <br /> EXHIBIT " A" ATTACHED HERETO AND MADE A PART HEREOF <br /> (Description of Real Property and List of Utility Equipment) <br /> And GRANTOR hereby warrants to the GRANTEE that it is lawfully seized of free and <br /> unencumbered title to the above- described real estate and facilities conveyed hereby ; that all <br /> persons or entities which have supplied labor or materials with respect to these facilities have <br /> been paid in full , that none of them has any claim whatsoever with respect thereto , and that the <br /> GRANTOR has full authority to make this conveyance and will warrant and defend the granting <br /> arid sale of said property and utility facilities hereby made unto GRANTEE against the lawful <br /> claims and demands of all persons whomsoever. <br /> GRANTOR hereby further warrants that should the above described utility facilities fail or <br /> otherwise become defective during a period of three ( 3) years from the date of acceptance of <br /> same by GRANTEE , due to defective materials or workmanship , GRANTOR shall upon each <br /> occasion be responsible in all respects for such failure or defect and shall correct same <br />at <br /> GRANTOR' s sole cost and without expense to GRANTEE upon reasonable notice by <br /> GRANTEE . GRANTOR shall be solely liable and shall save GRANTEE harmless from any <br /> direct or consequential damage attributable to such failure or defect . GRANTOR hereby also <br /> assigns all its right , title , and interest in and to manufacturer's or supplier' s warranties <br /> with <br /> respect to the described facilities . <br /> i' <br /> Page 1 of 3 <br /> W:1City of Fellsmere\IRC Convenience Center 07wOMeasement and bill of sale UT (2) CITY M5 .Mdoc <br />