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UTILITY EASEMENT FOR WATER RECLAMATION FACILITY
THIS EASEMENT entered into on this S �,day of 5 � ember , 2012
between the School Board of Indian River whose mailing address is 1990 25th Street,
Vero Beach , Florida hereinafter " School Board " and Indian River County , a political
subdivision of the state of Florida , whose mailing address is 1801 27th Street, Vero
Beach , Florida 32960 hereinafter "the County. "
WITNESSETH :
WHEREAS , the School Board owns a parcel of property located on the northeast
corner of the intersection of 66th Avenue and 57th Street; and
WHEREAS , the Lateral A Canal runs along the western border of the School
Board 's property along the east side of 66th Avenue ; and
WHEREAS , the County proposes to construct a Stormwater Reclamation Facility
( Facility) by pumping water out of the Lateral A Canal and treat the water by passing it
through a series of filters . The water will then be treated with chlorine enabling the
water to be used as reuse water for irrigation purposes at golf courses and subdivisions ,
and
WHEREAS , a 200 by 230 foot section foot of the School Board ' s property would
provide an excellent location for this environmentally friendly project and the County is
in need of a location to construct a Stormwater Reclamation Facility; and
WHEREAS , during peak season , irrigation from Indian River County's supply
of reuse water often is less than the demand for reuse water. When reuse water is not
available ,, ' County reuse customers may need to resort to use fresh groundwater
supplies as a backup of irrigation water. Use of fresh groundwater supplies for irrigation
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is discouraged by the St. Johns River Water Management District (SJRWMD) . By
developing this project's alternate supply of reuse water, the County will be able to
provide a greater quantity of reuse water which will subsequently reduce their
customer's reliance of use of fresh groundwater supplies .
WHEREAS , storm water within the Indian River Farms Water Control District's
( IRFWCD's) Lateral A Canal flows to the Indian River Lagoon via the North Relief
Canal . The quantity of water that will be obtained from the Lateral A canal system that
will be treated and reused by County reuse customers will no longer flow to the lagoon .
This project will therefore , reduce the quantity of storm water and pollutants (both
nitrogen and phosphorus) from discharging to the lagoon . Replacement of fresh
groundwater supplies with reuse also impedes salt water intrusion into the County' s
fresh groundwater resources .
NOW THEREFORE , the School Board and the County, for and in consideration
of the sum of . $ 10 . 00 and other valuable consideration , receipt of which is hereby
acknowledged does hereby agree as follows :
1 . Grant of Easement. The School Board shall grant , bargain , sell , release ,
convey and confirm to the County a perpetual , exclusive Utility Easement for
Stormwater Reclamation Facility (" Easement") in a 200 by 230 foot parcel of property
( 1 . 06 acres) located on the northeast corner of 57th Street and 66th Avenue , more
particularly described as depicted on the sketch and legal description attached as
Exhibit "A" and incorporated herein .
2 . Use of Property. This Easement is for the sole purpose of construction ,
operation and maintenance of a stormwater reclamation facility. The County anticipates
that the Facility will require a minimum of staffing consisting of two staff members
visiting the Facility twice a week with few deliveries .
3 . Construction of Improvements . The County shall construct the Stormwater
Reclamation Facility ("the Facility") in accordance with the site plan attached as Exhibit
" B and incorporated herein .
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4 . Maintenance of Easement. The County shall be responsible for all
maintenance of the Easement including trash removal , lawn and landscape
maintenance together with any other maintenance of the building , equipment and
grounds covered by this easement .
5 . Fencing . A six foot chain link black vinyl fence with a locking gate shall be
constructed on the perimeter of the easement by the County. Duties and maintenance
at the facility would take place completely within the fenced area .
6 . Insurance and Indemnity. The County shall insure the property, building and
equipment to be covered under the County's insurance . To the extent allowed by law
and without waiving its sovereign immunity the County agrees to indemnify and hold
harmless the School Board from any damages caused to any person or entity in
connection with this easement .
7 . Additional Insured . During all phases of construction associated with this
easement , the County shall cause its contractor to name the School Board as an
additional insured on its policies of insurance and provide a certificate of insurance to
the School Board prior to the commencement of any construction on the site . Following
the completion of construction , the County shall name the School Board as an
additional insured on its policy of insurance and provide a certificate of insurance to the
School Board .
8 . Noise . The County shall be responsible for preventing adverse noise impacts
from the pumping equipment at the Facility. To ensure that noise is minimized , the
School Board staff shall be provided with the opportunity to review and approve the
selected pumping and treatment system equipment during the initial design and during
all subsequent maintenance of the Facility for the duration of its existence . The County
shall operate the Facility in a manner that will not create any excessive noise which
would unreasonably interfere with the workings and instruction conducted by the School
District .
9 . Required Landscaping and Buffering . The County agrees to provide
landscaping and buffering required by the code of Indian River (as depicted in Exhibits
" C- 1 and C-2 " attached ) , at its sole cost and expense . Current County Code does not
require a berm for this Project .
10 . Jessica Lundsford Act. In the event the School Board develops the real
property adjacent to the Easement as an educational facility serving students , the
County acknowledges that its employees or consultants who will access the Easement
must comply with the background screening requirements set out in sections 1012 .465 ,
1012 .467 , and 1012 . 468 , Florida Statutes , and without waiving the limits of sovereign
immunity set out in section 768 . 28 , Florida Statutes , the County shall indemnify and
hold the School Board harmless for any and all loss or damages , including loss or
damage to a third party, as a result of the County' failure to comply with this
requirement.
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11 . Interference with District Use. The County's use of the Easement or Facilities
will not interfere with the School Board ' s future use of the dominate parcel .
12 . Certificates of Participation . The County acknowledges that the property
subject to this easement was purchased with Certificates of participation and that its
easement interest is subordinate to these certificates .
13 . Hazardous Conditions . To the best of its knowledge , the School Board states
that the easement property is free and clear of any known containments or harmful
conditions . The County agrees to refrain from using these premises for any hazardous
use and will not use any hazardous chemicals on the site . If a chemical spill were to
occur on the easement property premises , the County would be Responsible for clean
up and remediation of the spill .
14 . Future Improvements . Aside from the improvements depicted on the site plan
attached as Exhibit B , the County shall submit any future improvements to the School
Board for its approval . The School Board shall not unreasonably withhold its approval
for future improvements .
15 . Discontinuation of Use. When the County ceases to use the easement for
stormwater reclamation for 12 calendar months or no longer needs the site for that
purpose , the County shall remove all of its improvements from the site and return the
Easement to the School Board in the same condition as it was at the beginning of this
easement, normal wear and tear excepted .
16 . Termination by School Board . If in the future , if the School Board needs to
terminate this easement , the School Board shall use reasonable efforts to assist the
County in finding a alternate site on School Board property if possible and compensate
the County for a deprecated value of the improvements on the easement area .
17 . Permits . The County shall be responsible for obtaining any permits associated
with its improvement and use of the easement area and comply with any and all
regulations thereto .
18 . Fire Hydrant. In exchange for this easement, the County will cause to be
installed a fire hydrant at the new Osceola Magnet School (formerly known as
Thompson Elementary School ) at a location to be agreed to by the parties . The County
shall bear the costs of installation of the fire hydrant.
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WHEREFORE , the School Board has approved this easement for stormwater
reclamation on the day aforementioned .
THE SCHOOL BOARD OF
INDIAN RIVER COUNTY, FLORIDA
ByeDA c:;z
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Jeffrey Pe gl , hairman
Date approved :
Attest:
By: MAGEMON MUMo a..
Dr. Fran Adam , Sup rintendent
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Approved as to f rm and legal sufficiency:
Sch I Board Allorney
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WHEREFORE , the County has accepted this easement for stormwater
reclamation on the day aforementioned .
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY , FLORIDA
(q,gg11 PY qll/p(y�yyp
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ephE . Flescher Chairman
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Approved as to form and legal sufficiency:
ounty Attorney
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Sketch of Legal Description
for Utility Easement
for the Reuse Pumping Facility
at the .Indian River School District Site
Indian River County, Florida
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N6 POINT OF
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NW CORNER
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PR0ESSI0IYAL SURYEYORSANDAfAPPERS LICENSED SURVEYOR AND MAPPER ,
LANDSURYF`YNo9 61M Vr"NO
1655 27th Street , Suite 2 Vero Beach . Florida 32960
Phone: (772 ) 564- 8050 Fax: ( 772 ) 794 - 0647 DAVID TAYLOR P.L. . 5243
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57th STREET
EXHIBIT ° B °
M MASTELLER & MOLER INC. CONCEPTUAL SITE PLAN
M boa@�nd4oa® as®oMl9lAR@ INDIAN RIVER COUNTY
CERTIFICATE OF AUTHORIZATION NUMBER 4204 ojF=[Mmii/L:1VM [ MU@@ 0DQq[MpUG8@
1866 27th STREET, SUITE /$ VERO BEACH, FLORIDA, 32880
(772) 667-6300 / FAX (772) 784-1108 �3�'l�34@GYiI ®4 �40I�d ®f�Od@ fiOADD C�(�4D� AM@qNJ@
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CONCEPTUAL '
INDIANCONSULTING ENGINEERS RIVER COUNTY
CERTIFICATE
10515 27th a
• ' ' ' STOF2MWATEI2 REUSE TREATMENT I' UMII' ING
' " SYSTEM . t STORM GROVE ROAD A GGIIb AVENUE
I' 100 ' _ I
I
CANOPY TREES:
1 LARGE (IS' TALL; 4" DBH)
O 3 SMALL (12 ' TALL; 2 " VW'
UNDERSTORY: 4
SHRUBS: 40
20 ' WIDE TYPE "0 " BUFFER
PLANT MATERIAL PER 100 LINEAL FEET
(N.T.S)
PLANT SCHEDULE
SYM . TYPE SIZES
o SHRUBS 18 " X 18 " min .
UNDERSTORY 1 . 5 " CAL. , 6 ' HIGH
TREES
CANOPY TREES 4 " CAL . , 18 ' HIGH
CANOPY TREES 4 " CAL . , 18 ' HIGH
i
CANOPY TREE SPECIES WILL INCLUDE ONE OR MORE OF THE FOLLOWING :
LIVE OAK , LAURAL OAK , E . PALATKA HOLLY, DAHOON HOLLY, RED MAPLE ,
QUEEN PALM , CABBAGE PALM
UNDERSTORY TREE SPECIES WILL INCLUDE ONE OR MORE OF THE FOLLOWING :
OLEANDER , WAX MYRTLE , SLIVER BUTTONWOOD
SHRUB SPECIES WILL INCLUDE ONE OR MORE OF THE FOLLOWING :
VIBURNUM , LIGUSTRUM , YAUPON HOLLY
EXHIBIT ° C - 2 °
MH
MASTELLER & MOLE R INC . CONCEPTUAL LANDSCAPE BUFFER PLAN
COO f; @uL7flM@ 9te®0M19[9 @ INDIAN RIVER COUNTY
CERTIFICATE OF AUTHORIZATION NUMBER 4204 8400 ��i1�7G14C3W i> �s�a 4Wf3Q4G�g4 ° �NJG�UgQ
1805 27th STREET, SUITE f2. VERO BEACH, FLORIDA, 32980
(772) 587-5300 / FAX (772) 794-1108 gv�'U�a d ®4 >e34 o0�3Gi1 C�La30N/Q G30AD ®��D AMC"3gML�