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HomeMy WebLinkAbout2026-017 A 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.: 25-386(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 ($10.00) and other valuable consideration paid by Owner, does hereby agree and consent, subject to the terms and provisions of the Agreement and this Amendment of the Encroachment Agreement ("Amendment"), to the following: a. Addition and/or Replacement of Exhibit C and C-1 Drawings with the drawings attached to this second Amendment as Exhibit C-2. FGT and Owner stipulate and agree that the statements and information contained in the introductory paragraphs of the Agreement as changed by this Amendment are true and correct and are incorporated herein by this reference. FGT and Owner do hereby ADOPT, RATIFY and CONFIRM the Agreement, as amended and modified by this Amendment and agree to be bound thereby. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER,CLERK Project No.: 25-386(Amend 2—24-314) Tract No.: FLMEA-INDI-009,FLMEB-INDI-009,FLMEA-INDI-011,FLMEB-INDI-012 This Amendment and the benefits and obligations herein contained shall insure to the benefit of and be binding and obligatory upon FGT, Owner and their respective successors and assigns. EXECUTED THIS day of , 2026. WITNESSES: "FGT" FLORIDA GAS TRANSMISSION COMPANY, LLC Name: Kristin Duke By Address:2301 Lucien Way,Ste 200 Maitland,FL DAVID SHELLHOUSE VP of SOUTHEAST DIVISION Name: Amy Powell Address:2301 Lucien Way,Ste 200 Maitland,FL ACKNOWLEDGEMENTS STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2026, by DAVID SHELLHOUSE, VICE PRESIDENT OF FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability company, on behalf of the company. He is personally known to me or has produced (type of identification) as identification. Notary Public Printed Name: PAGE 2 STATE OF FLORIDA INDIAN RIVER COUNTY CTHISOPY IS T RTIFYOR THATON F THI ^S ATRTM I DICE CORRECT RY 1 : e-,r/ Project No.: 25-386(Amend 2—24-314) BY : ' i Y/ I D.C. Tract No.: FLMEA-INDI-009, FLMEB-INDI-009,FLMEA-INDI-011,FLME$AlegD1-012 1:2S-2(2 WITNESSES: "OWNER" �,'6V lss%;�. ��// /26,7/11 ' �vl INDIAN RIVER COU T,(—.. -.-• Ft's%.„. Name. KinEerly K. Nbirano By'../ :c.).: Zts, ."-.*1 \ 4, Address: 1501 27th Street, Vero Beach Name: Deryl Loar ��,., -: :o'. ?S{ ., 'moo FL 32%0 "°,-.,%:;'*-. . -�;�y (,� ,, Title: Chairman /✓ER C0� . Name:�QQkyY� �- �.1‘(�Q - C ) .. Address: 4r_. 4 (y' • 1 Attest: Ryan L. Butler, Clerk of V 0-22 . JAL 32.9 fZ Circ it Court and Comptroller By: A /i A 2/, / Dep STATE OF FLORIDA utrClerk COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization, this day of , 2026, by Deryl Loar 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. r+ ►�r,�iti ,— KIMBERLY K.MOIRMIOK /4D L�C—A/1 G, ,' `•', MYCOMMIS$ION#HH368125 I Notary Publicj EXPIRES:Mie' Printed Name: Kimberly K. Moirano _.......... _. PAGE 3