HomeMy WebLinkAbout1985 12 16 - Water Line EasementI
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WATER LINE EASEMENT
THIS EASEMENT ("Easement"), made this /6 day of DCC -ems ,,-
19a5, by INDIAN RIVER COUNTY SCHOOL DISTRICT ("Grantor for
GENERAL DEVELOPMENT UTILITIES, INC., a Florida corporation
("Grantee") for the benefit of Grantee and those taking by, through
and under Grantee.
W I T N E S S.E T R:
WHEREAS, Grantor is the owner of that certain parcel of land
located in Indian River County, Florida, described on Exhibit "A"
attached hereto and made a part hereof, of which the property
described on Exhibit "A" attached hereto ("Easement Parcel") is a
part thereof; and
WHEREAS. Grantor has, subject to the terms and conditions of
this Easement agreed to grant, and Grantee has agreed to accept, a
perpetual nonexclusive easement, under the Easement Parcel for the
underground installation, operation, maintenance and repair of a
water line and pertinent facilities for use in connection with
providing service for the property:
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N NOW, THEREFORE, in consideration of the sum of Ten Dollars
'^ ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, and in further
consideration of the mutual covenants and obligations of the parties
t hereinafter set forth, the parties, intending to be legally bound,
q do hereby agree as follows:
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p 1. Recitals. The foregoing recitals are true and correct and
are incorporated herein by this reference.
a+ 2. Grant of Easement. Subject to the terms and conditions
01 contained herein, Grantor does hereby grant unto Grantee, its
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successors and assigns, a nonexclusive perpetual easement for the
'^ installation, operation, maintenance' and repair of a water line.
The Grantor, however, reserves the right and privilege to use the
N Easement as described in Exhibit "A" for all purposes except as
m herein granted or as might Interfere with Grantee's use, occupation
�p or enjoyment thereof, or as might cause a hazardous condition.
3. Maintenance. Grantee shall have the right to use and
« obstruct the surface of the Easement Parcel pursuant to the Easement
for such reasonable time periods as may be necessary to repair and
o maintain the water and any water line and/or relatedfacilitiesto
be installed; provided, however, that any such construction and/or
maintenance shall at all times be completed at the earliest possible
'O date and shall be done in such a manner as to cause minimal
.o Interference with the use of the property. Upon completion of any
such maintenance, the Grantee shall, at its own expense, return the
Easement Parcel to a condition as close as reasonably possible to
that which existed prior to the commencement of such construction or
p maintenance and shall repair any damage to the property or any
~ improvecent constructed thereon which may be damaged as a result of
the construction materials or repair of the water line to be placed
underneath the Easement Parcel.
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