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EXHIBIT "A"
to Special Warranty Deed 4709
From Florida Power & Light Company -
To Rainbow Groves, Inc.
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Dated J"~~,1.. 6 ~ 1980 1980 ~`1 pp
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That part of Sections 1 and 12, Township 375 T
s ri of ~ldi~~~~
Range 38 Easi:, that lies within a t p
that is 660 feet in width parallel with,a[ed8~l~-
to and abutting the Florida East Coast Railroad
Southeasterly right-of-way line in St. Lucie County,
Florida, and _
A small triangular parcel of land comprising 0.10
acre described as:
That part of Section 36, Township 36 South, Range
38 East, St. Lucie County, Florida, lying South-
easterly of the Florida East Coast Railroad
right-of-way
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Subject to conditions, restrictions and limitations of record, to
-valid reservations of oil, gas or minerals, to zoning rules and
regulations, easements of record and to taxes for the year 1980
and subsequent years, reserving however, unto the party of the
first part (the Grantor), its successors and assigns, a perpetual
easement in, over, under, upon and across the lands described above ~
(the Property) for the purpose of construction, operation and main-
tenance of one or more electric transmission and distribution lines
and other electric facilities, including but not limited to wires,
poles, H-frame structures, towers, cables, conduits, anchors, guys,
telephone and telegraph lines, transfonaer enclosures, one or more
. pipelines, and equipment appurtenant thereto or associated there-
with (all the foregoing hereinafter referred to as "Facilities"),
now existing or to be installed by Grantor from time to time, toge-
ther with the right and privilege to reconstruct, inspect, alter,
improve, enlarge, add to, change the nature or physical character- ~
istics of, replace and remove the Facilities, the right to permit ?
the attachment of conduits, wires or cables of any other company
or erson to the Facilities, the right to cut; trim and-keep clear of
all trees, brush and undergrowth or other obstructions that might endan-
ger or interfere with the Facilities or the proper construction,
operation-and maintenance thereof, the right-to mark the location
of any underground Facilities by aboveground and other suitable
~ markers, the right to construct and maintain one or more roads i
~ upon and across the Property, and all other rights and privileges
necessary or convenient for the full enjoyment or use of the Property
for the above mentioned purposes. Party of the second part (the
Grantee, whether one or more) by its acceptance hereof understands
that the Facilities installed or to be installed are of high voltage
and agrees. to use due care~and precautions in its use of the Property }
so as to prevent damage or injury to property or persons in the
vicinity of the Facilities. Grantee may use the Property for agri-
cultural and all other purposes except the uses and purposes expressly
reserved hereinabove or as might interfere with or be inconsistent ~
with-the Grantor's use, occupation and enjoyment of the Property and
the rights hereby reserved or as might create a hazardous condition;
provided, however, no portion of the Property shall be excavated,
altered, obstructed, improved, surfaced or paved by Grantee or its
successors or assigns without the prior written penaission of Grantor,
and no building, well, irrigation system, structure, obstruction or
improvement shall be located, constructed, maintained or operated by
Grantee, its successors and assigns over, under, in, upon or across
the Property. Grantor and Grantee expressly-agree that Grantee shall
have the right to use and maintain existing fences, roadways, includ-
ing railroad crossings anti irrigation ditches, which cross the Property r
and that Grantee should have the right to construct, maintain and use
additional fences, roadways, including railroad crossings, spurs and ~
ditches crossing the Property at such locations as are mutually agreed
upon by Grantor and Grantee in writing; provided, however, Grantor shall.
have no obligation as to the construction or maintenance of any such
roadway or ditch now or hereafter existing and further providing that
Grantor may relocate any such road or ditch provided such relocation
does not materially interfere with access or drainage.
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