HomeMy WebLinkAbout2025-237A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Instrument Prepared By and Return to:
Right of Way Department/Amy Powell
Florida Gas Transmission Company, LLC
2301 Lucien Way, Suite 200
Maitland, FL 32751
Project No.: 25-364 (Amend 1-24-314)
Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012
AMENDMENT OF ENCROACHMENT AGREEMENT
WHEREAS, by that certain Encroachment Agreement dated February 14, 2025, and
recorded in Instrument # 3120250010885 in Official Records, Indian River County,
Florida, ("Agreement") Florida Gas Transmission Company, LLC, ("FGT") agreed to
allow Indian River County, a Political subdivision of the State of Florida ("Owner") to
install a four -inch (4") force main and an eight -inch (8") water main under the
pipeline via directional bore at two (2) different crossings, as well as an asphalt
roadway with curbing and a concrete sidewalk above the pipeline at two (2)
different crossings, all crossing and within the FGT natural gas pipeline easement
described in the Agreement;
WHEREAS, FGT and OWNER desire to amend the Agreement to install a six-foot
(6) black vinyl clad chain link fence with two (2), six-foot (6') wide swing gates. In
addition, this amendment will add to the drawings shown on pages 9-15 of Exhibit C
with additional revised plan drawings attached hereto and made a part hereof ,as
Exhibit C-1.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT FGT, for and in consideration of the sum of Ten Dollars ($10.00) and other
valuable consideration paid by Owner, does hereby agree and consent, subject to
the terms and provisions of the Agreement and this Amendment of the
Encroachment Agreement ("Amendment"), to the following:
a. Addition and/or Replacement of Exhibit C Drawings with the drawings
attached to this Amendment as Exhibit C-1.
FGT and Owner stipulate and agree that the statements and information contained
in the introductory paragraphs of the Agreement as changed by this Amendment are
true and correct and are incorporated herein by this reference. FGT and Owner do
hereby ADOPT, RATIFY and CONFIRM the Agreement, as amended and modified
by this Amendment and agree to be bound thereby.
This Amendment and the benefits and obligations herein contained shall insure to
the benefit of and be binding and obligatory upon FGT, Owner and their respective
successors and assigns.
A TRUE COPY
CERTIFICATION ON LAST PAGE
Project No.: 25-364 (Amend 1 — 24-314)v ;d . BUTLER, CLERK
Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012
EXECUTED THIS
WITNESSES:
day of
Name: Kristin Duke
Address:2301 Lucien Way, Ste 200 Maitland, FL
Name: Amy Powell
Address:2301 Lucien Way, Ste 200 Maitland, FL
STATE OF FLORIDA
COUNTY OF ORANGE
2025.
"FGT"
FLORIDA GAS TRANSMISSION
COMPANY, LLC
DAVID SHELLHOUSE
VP of SOUTHEAST DIVISION
ACKNOWLEDGEMENTS
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this day of , 2025, by
DAVID SHELLHOUSE, VICE PRESIDENT OF FLORIDA GAS TRANSMISSION
COMPANY, LLC, a Delaware limited liability company, on behalf of the company.
He is personally known to me or has produced (type of
identification) as identification.
Notary Public
Printed Name:
PAGE 2
A TRUE COPY
Project No.: 25-364 (Amend 1 — 24-314) CERTIFICATION ON LAST PAGE
Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-01
Y:%N L. BUTLER, CLERK
WITNESSES:
Name: Ashley Brown
1801,2�7th SS (eet, Vero Beach,
Address: ori a 29
�LdlA I MnwG��
Name: Kimble ° y K. Moirano
Address: 1801 27th Street, Vero Beach,
Flerr��-�
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
"OWNER"
INDIAN RIVER COUNTY
APPROVED AS TO FORM
AND/1,1EGAVSUFFICIENCY
CHRI TO HER A. HICKS
ASSISTA T C UNTY ATTORNEY
The foregoing instrument was acknowledged before me by means of ® physical
presence or ❑ online notarization, this 21st day of October , 2025, by
Joseph E. Flescher , as Chairman of INDIAN RIVER
COUNTY, on behalf of the corporation, on behalf of the company. He/she is
personally known to me or has produced (type
of identification) as identification.
KIMBERLY K MOIRMO
�? MY COMMISSION # HH 365125
EXPIRES: April 9, 2021
PAGE 3
r4 -n,, Gq k1 Not--"
Notary Public
Printed Name: Kimberly K. Moirano
My Commission Number: HH 368125
Expires: April 9, 2027
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
Ey. aVj AJ�Depy
By:
cz
Name: Joseph E.
Flesch,'.,:.-' 4
Title: Chairman
APPROVED AS TO FORM
AND/1,1EGAVSUFFICIENCY
CHRI TO HER A. HICKS
ASSISTA T C UNTY ATTORNEY
The foregoing instrument was acknowledged before me by means of ® physical
presence or ❑ online notarization, this 21st day of October , 2025, by
Joseph E. Flescher , as Chairman of INDIAN RIVER
COUNTY, on behalf of the corporation, on behalf of the company. He/she is
personally known to me or has produced (type
of identification) as identification.
KIMBERLY K MOIRMO
�? MY COMMISSION # HH 365125
EXPIRES: April 9, 2021
PAGE 3
r4 -n,, Gq k1 Not--"
Notary Public
Printed Name: Kimberly K. Moirano
My Commission Number: HH 368125
Expires: April 9, 2027
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
Ey. aVj AJ�Depy
Project No.: 25-364 (Amend 1 —24-314) A TRUE COPY
Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-0�t- I ATiON ON LAST PAGE
RIVAN L. BUTLER, CLERK
EXHIBIT C-1
To that certain
Amendment of Encroachment Agreement
Dated , 2025
By and between
FLORIDA GAS TRANSMISSION COMPANY, LLC, and
INDIAN RIVER COUNTY
DESCRIPTION OF THE ENCROACHMENT
(See attached 1 Page)
PAGE 4
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