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Home My WebLink About2009-320 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERKS O `. Prepared by : Florida Power & Light Company . � Carlos Me ias Esquire 700 Universe Blvd , LAW/JB Juno Beach , Florida 33408 EASEMENT THIS EASEMENT ( "Agreement") is made this 15 day of December, 2009 between Florida Power & Light Company, a Florida corporation, whose mailing address is P . O . Box 14000 , Juno Beach, FL 33408 -04201 Attn : Corporate Real Estate Department (" Grantor " ) and Indian River County , a political subdivision of the State of Florida, whose mailing address is 1840 25th Street Vero Beach , FL 32960 - 3365 (" Grantee " ) . WITNESSETH WHEREAS , Grantee desires an easement across a portion of property owned by Grantor for access to the Gifford Substation located in Indian River County, Florida and for the installation of drainage and underground utility conduits ("Improvements ") ; WHEREAS , Grantor has agreed to grant Grantee an easement for such purposes . NOW, THEREFORE , in consideration of the foregoing , the mutual covenants , representations and agreements contained herein and for other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged , it is agreed as follows : L Grantor hereby grants to Grantee a non-exclusive easement for access+and the installation, operation and maintenance of Improvements over, across and beneath a strip of land (-T�5) feet wide as more particularly described on the Exhibit " A " attached hereto ("Easement Area ") and incorporated by reference . 2 . Grantee shall restore the ground surface on the Easement Area as nearly as practicable to the original condition which existed immediately prior to the commencement of any work . 3 . Grantee shall obtain any and all applicable federal, state, and local permits required in connection with Grantee ' s use of the Easement Area; and at all times, comply with all requirements of all federal , state , and locals laws , ordinances , rules and regulations applicable or pertaining to the use of the Easement Area by Grantee pursuant to this Agreement . 4 . Grantee agrees that the use of the Easement Area pursuant to this Agreement is subordinate to the rights and interest of Grantor in and to the Easement Area and agrees to notify its employees , agents and contractors accordingly . Grantor specifically reserves the following rights for its facilities located on the Easement Area : (a) to repair or maintain its facilities ; (b) to add additional facilities ; (c) to maintain, construct or alter roads ; and (d) to enter upon the Easement Area at all times for such purposes . 5 . In the event it becomes necessary to relocate the Improvements based upon Grantor ' s request, then same will be relocated at Grantee ' s sole cost and expense to a location mutually agreed upon by Grantor and Grantee . 6 . Grantee shall not use the Easement Area in any manner which interferes with Grantor ' s use of the Easement Area or may cause a hazardous condition to exist . In the event Grantee creates a hazardous condition or C : \Documents and Settings\jt0ogo\Local Settings\Temporary Internet Files\Conten t.0ut1ook\QWB5H29I \Easement from FPL to Indian River County4-3-07. doc Page 1 of 3 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK situation which restricts , impairs or interferes with, or hinders the use of the Easement Area by Grantor or the exercise of Grantor of any of its rights , then upon notification by Grantor, Grantee shall , within seventy-two (72) hours , at its sole cost and expense , correct such condition or situation ; provided however that Grantor retains the right to enter upon the Easement Area and correct any such condition or situation at any time and Grantee shall reimburse Grantor for its costs and expenses incurred in connection therewith upon demand . 7 . If the Improvements are no longer necessary for their intended use in the future , then Grantee will remove said Improvements and execute a Release of Easement in recordable form and deliver same to Grantor for recording . 8 . No assignment of this Agreement or the rights granted hereby shall be made without the prior written consent of Grantor, its successors and assigns . IN WITNESS WHEREOF , this Agreement has been executed by the parties on the day and year first above written . Witnesses for Grantor : Grantor : Florida Power & Light Company, a Flo ' da co or i n B y : Name : M;nhpp _ Name : I T. CO son Mann Zap Title : �51 Name : 3 fl i ' Witnesses for Grantee : Grantee : 4 s. Indian River County :< Board of�uunty Cot nn ianers 0 Al Name : Name : Peter D . O ' Bryarr ' Title : CHAIRMAN Name : APPROVE , AS Tmo aunty Attorney s C : \Documents and Settings\jtc0oqu\Local Settings\Temporary Internet Files\Conten[.Outlook\QWB5H291 \Easemen t from FPL to Indian River County 4-3-07 .doc Page 2 of 3 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK GRANTOR ACKNOWLEDGMENT STATE OF FLORIDA ) ss : COUNTY OF PALM BEACH ) On t is day of �� I ,� 2009 before me the undersigned n ,-- � g notary public , personally appeared ' 4 Cl ' y( Scno , of Florida Power & Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that he/she executed the same on behalf of said County and that he/she was duly authorized so to do . IN WITNESS WHEREOF , I hereunto set my hand and official seal . NOTARY PUBLIC , STATE OF FLORIDA n� to of Florida Name (Print) : Michelle M Kahmann 44r My Commission DD693940 9?oF ruoO Expires 09/18/2011 GRANTEE ACKNOWLEDGMENT STATE OF FLORIDA ) ss : COUNTY ) On this 15 day of December 2009 before me , the undersigned notary public , personally appeared Commissioner Peter D . O ' Bryan , Chairman , of Indian River County, a political subdivision of the State of Florida, personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that he/she executed the same on behalf of said county and that he/she was duly authorized so to do . IN WITNESS WHEREOF , I hereunto set my hand and official seal . 1� n NOTARY PUBLIC , STATE OF FLORIDA Name (Print) : �o%�;:.:°°�.� TERRI COLLINS•UBTER * * MY COMMISSION # DD 609787 EXPIRES: October 30, 2010 �'f F ,,, Banded Thlu Budget No" SoMCBs C: \Documents and Set1mgs\jtc0ogo\Local Settings\Temporary Internet Files\Con tent, OutloWQWB5H29I \Easement from FPL to Indian River County 4-3-07.doc Page 3 of 3 CERTIFICATION ON LP ST PAGE J . K . BARTON , CLERK Sketch of Legal Description for Florida Power and Light Company at the Proposed Gifford Substation Site Indian River County, Florida for A Proposed Drainage and Utility Easement Sheet I of 2 Not Valid Without All Sheets SURVEYORS NOTES 1) THE BEARING BASIS 'IS HTE SOUTH LINE OF TRACT 4 A DEPICTED ON THIS SKETCH, THE REARING IS N89045 '21 "W. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUS7RA77NG THE LEGAL DESCIPT70N TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTA77VE CODE, PURSUANT TO SECTION 472. 027, FLORIDA STATUTES. LEGEND R/W RIGHT OF— WAY N0, NUMBER R RADIUS L LENGTH CH CHORD DISTANCE CB CHORD BEARING PSM PROFESSIONAL SURVEYOR AND MAPPER d DEL TA N NORTH S SOUTH E EAST W WEST LEGAL DESCRIPTION A PCR77ON OF THE SOUTH 5 ACRES OF THE EAST 21. 05 ACRES OF TRACT 4, SEC770N 28, TOWNSHIP 32 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF INDIAN RIVER FARMS COMPANY AS FILED IN PLAT BOOK2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCI£ COUNTY, FLORIDA, SAID LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT 7HE SOUTHAEST CORNER OF SAID 7RACT 4,6 THENCE S89 45 21 "E, A DISTANCE OF 655. 81 FEET TO THE WEST LINE OF THE SAID SOUTH ACRES,• THENCE N0078045NE ALONG THE SAID WEST LINE, A DISTANCE OF 15. 00 FEET TO THE POINT OF BEGINNING; THENCE CON77NUE NO078045 E ALONG SAID LINE, A DISTANCE OF 10. 00 FEET,• THENCE S89 45'21 E PARALLEL W177-1 THE SOUTH UNE OF THE SAID SOUTH 5 ACRES A DISTANCE OF 362. 62 FEET,• THENCE S007345`W, A DISTANCE OF 10. 00 FEET THENCE N89145'21 "W PARALLEL WITH THE SAID SOUTH LINE OF THE SAID SOUTH 5 ACRES, A DISTANCE OF 362. 64 FEET TO THE POINT OF BEGINNING. CONTAINING 3, 626.27 SQUARE FEET OR 0. 08 ACRES, MORE OR GESS SKETCH OF LEGAL DESCRIPTION — Checked by File nam Date Scale Drawing Name " This is NOT a Boundary Survey" CIG I DMT I 5158.LGL 10 / 20 / 06 NA 5158LGL . DWG Ma"eller lYloler Reed & Taylor Inc. NOT VAUD WITHOUT THE SIGNATURE AND MENEEMMOME > > 1 THE ORIGINA RAISED SEAL OF A FLORIDA PXOFESSIDN14l SURYEYOItSAND�Yl�PPERf UCENS RMEYOR AND MAPPER. L4NDSURYEPINGBUS".ESS1fd64'4 1655 27th Street, Suite 2 Vero Beach , Florida 32960 Phone: (772) 564- 8050 Fax: (772) 794- 0647 DAVID TAY P.LS 5243 4A i ; T LJ j INDIAN RIVER COUNTY Cv rn rr ? HIS IS TO CERTIF THAT THIS IS ti 0) N , . TRUE AND CORK CT COPY OF �, cn I HE ORIGINAL ON ILE IN THIS N I00 C; FnCE o � In Q ri C0 'Ol JEFFREYK , TON , CLERK w00 • O O ,�' C o o N M ,. �ti ,� 1. 00S ;Zi _ C)_ moand Hl . AZ6 Ld sit � Q LO 0 OfI N q OOvgC .t y I o � � WtJ i h oz n M 0 of N Q I P I W �! ti0_ � Q"0 LLI 1 I 1N31NMV3 Cn (n Z 1 ILIILLfI ,OZ W o f I=f— O (n 0 � X 1 cJ I U Q W r � W ' L'J W (> Q I < < 1 I J I L1 . Ln W o 00 0 .DO gc 1 < [ I _ �-- o 1 W 0 � � I F-- V) _ - Q LIJ M Im N I F - cc O O N 0 Z I Z 1 < Of 0) . J CzQ 10 - - -,- � - - � zLAJm Z o � � w m LC *Mo Mast? , 200S o M/ 2j COL s3 �lov SO � Lz 00 -SL o ' 3AV H1L9 3Hl 30 3W1 1S3M 3 „ S-v , BL.00N 1--- LL. Z O w O _ _ - - - - - - ap UzF. a u*) 1 Z WU d I env Q Z rnl � I � . /v c 00 V) IC A . VMHON SONIA I SKETCH OF LEGAL DESCRIPTION Drawn by Checked by File nam Date Scale Drawing Name " This is NOT a Boundar Surve " CJG DMT 5758 .LGL 10/ 20 / 06 1 " =50 ' I I 5758LGL . GWG T NOT VALID lMTr10UT THE SIGNATURE AND Masteller, Maler, Reed cP Taylor, lIZG THE ORIGINAL RAISED SEAL OF A FLORIDA S,SIONW SURIRE'PORS/4"AUPPBRS LICENSF JJRVEYOR AND MAP PROFE AL4MSURfW1WGBUS7NESSf64644 1655 27th Street, Suite 2 Vero Beach , Florida 32960 Phone: (772) 564- 8050 Fax (772) 794-0647 DAVID TA YL P.