HomeMy WebLinkAbout2375 i ~
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4' 185Q91 ~
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EAS EME NT ~
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~HIS INDENTURE, made this 23rd da of September, 1969 between ~
KIMCO FT. PIERCE, INC. ("Grantor"~, as g~antor, and CITY OF ~"T.
PIERCE, a municipal corporation of the State of Florida ("Grantee"), '
as grantee. , - . ~
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. , ~ WITNESSETH ~ ~ . ,
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A. WHEREAS, Grantor is the owner in fee of a tract of land
~n the City of Ft. Pierce, County of St. Lucie and State o£ Florida,
'which tract of land is described ~,n Schedule A attached hereto, :
. incorporated herein and by this reference mad~ a part hereof; and .
B. W~REAS, Grantor has requested Grantee to maintain any and
all water and gas facilities ('~aciiities") now or hereafter located "
within a portion of said Iand described 3n Schedule A(said ~ortion of
land hereinafter sometimes rsferred to as the "Easement Area') which por-
tio~ of land is described in Schedule A Pnd loca~ed within the area
outlined in red on Exhibit A sttached hereto, ~ncorpo~ated heretn. and
bq thia reference made a part hereof~ 811d STATE OF itORIDA
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C. WHEREAS, Gratttee will maintain the Facilities at its ~
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sole cost and exper~se; and - . : . ;.ss
• •D. ~WHEREAS, Grantee is desirous of obtaining an easemen..
for its maintenance of the Facili~ies, in accordance with all _
applicable local,.state and national codes and regulations. ~ ~
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NOW, TI~REFORE, for and in consideration of the mutual benefits
.hereu~nder and all mutual covenants and conditions contained herein,
Grantor does herebp grant and conveq to Grantee, for.such peric~~
of time as i~~ may require the use -of the Premises or until the
use t~hereof is abandoned by Grantee, the non-exclusive right,
privilege and easement to (1) maintain the Facilities located on, roWETq
over, across, thru and under Easemeizt Area; and (2~) attain
ingres$ and egress to and upon the Easement Area for the purpose
of exercising the rights and privileges herein granted. ~~~,p"?
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_ Grantor and Grantee agree as follows : -i ~ - _
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1. Grantee shall have the right~ to fnspect and repair. -the ~
_Facflities, together with the rights and privileges necessary
and convenient thereto. . . - -
2.. Graator shall not utilize the areas in which the Facilities are
located in any wap or manner which would (1) create a-dangerous
condition with respect to the Facilities, or (2) create anp inter-
ference with the repair and safe maintenance thereof, or_(3) no~
meet secognized standards of engineering practices and proceiures.
3. ~Grantor and Grantee each covenant to indemnify and hold.-
harm2ess the other for and from any and all damages and
.~injuries, whether to persons'or property, resulting from
- any means whatsoever if caused by its interference, fault
or negligence with the Facilitfes and/or from interference
. fault or negligence with the Facilities by its agents or
- employees. . ~ . .
4. Should Grantee fail for any reasonable period of titne to
exercise the rights herein granted, then, at the e'~ection of .
Grantor, all•rights and privileges hereunder shall cease and
the easement, rights and privileges herein granted shall revert
to the Grantor. ~ _
~ ~ This documerit prepared by
_ _ ~n R Q~ ~ TheVeKimcogCorporation
~6001t~1~!! -~~M6~~:?J-~ - 245 Park- Ai~e: , -N~w York; PitY+e~
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