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HomeMy WebLinkAbout2026-0173120260005872 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3836 PG: 2045, 2/9/2026 11:48 AM Instrument Prepared [3v and Return to: Right of Way DepartmentlAmy Powell Florida Gas Transmission Company, LLC 2309 Lucien Way, Suite 200 Maitland, FL 32751 Project No.: 25-386 (Amend 2 — 24-314) Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012 SECOND AMENDMENT OF ENCROACHMENT AGREEMENT WHEREAS, by that certain Encroachment Agreement dated February 14, 2026, and recorded in Instrument # 3120260010885; and that first Amendment of Encroachment Agreement dated October 21, 2025, and recorded in Book 3817, at Page 213, all 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, a concrete sidewalk, and fencing with gate access 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 two-inch (2") SDR Fiber conduit under the pipeline via directional bore. In addition, this amendment will add to the drawings shown on pages 9-16 of Exhibit C and C-1 with additional revised plan drawings attached hereto and made a part hereof as Exhibit C-2. 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 and C-1 Drawings with the drawings attached to this second Amendment as Exhibit C-2. 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. BK: 3836 PG: 20.16 Project No.: 25-386 (Amend 2 — 24-314) Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012 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. EXECUTED THIS day of elx,i,�u , 2026. WITNESSES: Name: Kristin Duke Addre 6:2301 Lucien Way, Ste 200 Maitland. FL Name: Amy Powell Address:2301 Lucien Way, Ste 200 Maitland. FL STATE OF FLORIDA COUNTY OF ORANGE "FGT" FLORIDA GAS TRANSMISSION COMPANY LLC By DAVID SHELLHOUSE VP of SOUTHEAST DIVISION ACKNOWLEDGEMENTS The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this q day of , 2026, by DAVID SHELLHOUSE, VICE PRESIDENT OF FLORIDA GAt 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. KRISTIN DUKE MY COMMISSION # HH 472276 EXPIRES: January 15, 2028 PAGE 2 Ka L V\ d Notary Public Printed Name: BK: 3836 PG: 2047 Project No.: 25-386 (Amend 2 – 24-314) Tract No.: FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012 WITNESSES: k�—"/ X /%LA–rny Name: Kinberly K. Nbirano Address: 1801 27th Suet, Vera Bexh "OWNER" INDIAN RIVER COI By. _ Name: Deryl Loar FL 32960 � Name: Tule:, �' `4 Address: (�i.�G l Y STATE OF FLORIDA COUNTY OF INDIAN RIVER Chairman Attest: Ryan L. Butter, Clerk of Circ it Court and Comptroller party Clerk The foregoing instrument was acknowledged before me by means of 131 physical Presence or ❑ online notarization, this day of , 2026, by Deryl Loar , as Nauman 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. MORt.YK. MO RAW ! I -14 L -Lan 6 =.r MyComt►sstoNM3025 Notary Publicj Kimberl K Moirano sof Printed Name: Y PAG EI 3 f