HomeMy WebLinkAbout2023-200A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Prepared by and return to:
City Attorney
P.O. Box 1389
Vero Beach, FL 32961-1389
UTILITY EASEMENT DEED
(WATERLINE)
#2023 -EG -281
THIS INDENTURE made and entered into this 1 _day of 9 y 4gj=ba.2023,.
("Effective Date") by and between INDIAN RIVER COUNTY, a politi al subdivision of the
State of Florida (hereinafter "GRANTOR" or "COUNTY"), whose mailing address is 180127"'
Street, Vero Beach, Florida 32960, and the CITY OF VERO BEACH, FLORIDA, a Municipal
corporation (hereinafter, "GRANTEE" or "CITY"), whose mailing address is P.O. Box 1389,
Vero Beach, Florida 32961-1.389. GRANTOR and GRANTEE may also be referred to herein
individually as a "party" or collectively as the "parties."
(Wherever used herein the terms "GRANTOR" and "GRANTEE" include all the parties
to this instrument and their respective heirs, legal representatives, successors, and assigns).
WITNESSETH:
That Grantor is the owner in fee simple of that certain real property located at GIFFORD
DOCK PARK, lying, situated, and being in Indian River County, Florida, more particularly
described as:
See Exhibit "A," attached hereto and incorporated herein, (hereinafter the
"Property").
That GRANTOR, for good and valuable consideration, the receipt and sufficiency ofwhiich
are hereby acknowledged, hereby grants to the GRANTEE an exclusive easement in perpetuity
through, on,.over, under, and across the Property for utility purposes, including installation, of a
water line, which easement shall be as more particularly described in Exhibit "A" (hereinafter
'`Easement" or "Easement Area"), attached hereto and incorporated herein by reference, and which
Easement shall run with and be a burden upon the Property.
GRANTOR further grants to the GRANTEE, as part of this Easement, a ,general easement
for ingress; egress, and regress over and across the driveways, parking, common, and open areas
of the Property for the purpose of access to and maintenance; repair, or replacement of any or all
of GRANTEE'S equipment, water improvements, or related facilities.. GRANTEE shall cause the
restoration of any disturbance to or upon the Property and repair any damage to GRANTOR'S
Improvements caused. by the acts or omissions of GRANTEE, its employees, agents, or
contractors, which restoration and repair shall be completed without expense to GRANTOR.
GRANTEE shall• not be otherwise responsible for maintenance, restoration, or repair of the
Property or Easement or any Improvement or other installation thereon or therein.
The Easement hereby created and granted includes the creation of all incidental rights
reasonably necessary for the use and enjoyment of the Easement Area for its intended purposes,
.Page 1 of 3
NADepartntcntsWater & Sewcr\EASEMENTS\2023\IRC- Gifford Doc],V023.8.14 - Utility Easement #2023 -EG -28 l.docx
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
including, specifically,. the right of entry for purposes of construction, installation, .operation,
maintenance, and repair of any Utilities located within the Easement Area.
The undersigned hereby covenants and warrants that GRANTOR owns the said land
described herein and the undersigned, as or on behalf of GRANTOR, has the right to grant this
Easement.
The covenant and right :set forth .in this Agreement shall run with the title to the lands
described herein and the benefits and burdens shall bind and inure to the benefit of all successors
in interest to the parties hereto.
The GRANTOR hereby warrants that:. (i) GRANTOR owns the fee simple title to the
Property, (ii) GRANTOR has good right and lawful authority to convey the Easement granted
herein, (iii) the Property is not encumbered by any mortgages or other matters which would
prohibit the use of the Easement Area. for the purposes contemplated herein.
IN WITNESS WHEREOF, the GRANTOR has duly authorized. and caused this
Indenture to be executed in its name as of the day and year first herein written.
GRANTOR: _
y ion+M�ss�o
ATTEST: INDIAN RIVER COUNTY,.FLOR;
By its Board of County. Commission '•
s *:
By 0,1"b a J B •`���
D puty Clerk Joe tarman, C . a • 09' ` o?>
(Official Seat)
BOCC approved:4 -: r.- F
, aoa3
Approved as to form and
legal sufficiency:
/1& Ltxa�'
13i 1l, DeBroal, County Attorney
Page 2 of 3
NADepartments\Water & SeryeF\EASEMENTS\2Q23\tRC-Gitrotd Dock\2023.8.14 -Utility Easement #2023-EG-281.docx
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
ACCEPTANCE OF CONVEYANCE
The foregoing conveyance is hereby accepted by the City of Vero Beach, Florida, as
-evidenced by the signature of the undersigned, who is authorized to accept this conveyance.
ATTEST:
-� LAAS
Tammy K. Bu si k
City Clerk
CITY OF VERO BEACH, FLORIDA
By: Ac0am'
Monte k. Falls, P.E.
City Manager
Date: '=r//Z I 3
ADMINISTRATIVE REVIEW
(For Internal Use Only—Sec,. 2-77 COVB Code)
Approved as to form and legal sufficiency
for COVB only:
John S. Tu er
City Attorney
Approved as to technical requirements:
Robert J. B on, P.E.
Director, Water & Sewer
Approved as to technical requirements:
Matthew T. Mitts, P. .
Director, Public Works
Page 3 of 3
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WATER AND SEWER DEPARTMENT EXHIBIT —H APPR. x DWG. NO. ENGINEERING DMSION REV. 1
#2023—EG-281 x PAGE—OF
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