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242-School Board of Seminole CoRECORDED & VERIFIi~'' FEB -8 I q 02 UTILITY AND CONSTRUCTION EASEMENT [, ..... BOOK PAGE SEM(NOLE CO. FL. Deed of Easement made~~ / 7 , A.D., 1991, by THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA, a body corporate pursuant to Fla. Stat. ~ 230.21 and a political subdivision of the State of Florida, pursuant to Fla. Stat. S 1.01(9), whose address is 1211 Mellonville Avenue, Sanford, Florida 32771, Grantor, and the CITY OF SANFORD, FLORIDA, a municipal corporation, whose address is 300 N. Park Avenue, Sanford, Florida, 32771, Gran~ee. Grantor, in consideration the and of One Dollar ($1.00) paid by Grantee, receipt of which is hereby acknowledged, hereby grants, bargains, sells to Grantee, its successors and assigns, a right-of-way and easement for the purpose of construction, laying, maintaining, operating and keeping in good repair an underground pipeline as part of its waste water effluent easement shall located in the follows: diversion/distribution system. Said right-or-way and be through and under the land belonging to the Grantor, County of Seminole, Sate of Florida, and described as 15' UTILITY EASEMENT Begin at the Southwest corner of Block 9, Tier 6, of E. R. TRAFFORD'S MAP OF THE TOWN OF SANFORD according to the plat thereof 'as r~corded in Plat Book 1, Page 59 of the Public Records of Seminole County, Florida; thence run Easterly along the Southerly line of said Block 9, Tier 6, 77 feet to a point; said point being the center-line between an existing gravity sewer line and a vacuum sewer line; said point also the Point of Beginning of a 15 foot utility easement, 7.5 feet either side of the following described center-line; thence run Northwesterly along said center-line between said sewer lines to an intersection with the Westerly line of said Block 9, Tier 6; said point of intersection of the said Westerly line and center-line is end of easement. 9- Concomitant and coextensive with this right is the further right in Grantee, its successors and assigns, of ingress and egress, over and on that portion of land belonging to Grantor to effect the purposes of this easement. This right is conditioned on the reasonable exercise thereof. Grantor reserves the right of use of the easement described herein for purposes not inconsistent with Grantee's right hereby granted, provided that Grantor shall repair any damage caused by it to Grantee's pipeline. NOW, THEREFORE, in consideration of the adoption and implementation of the proposed Utility and construction Easement, the City of Sanford, Florida, by the recording of this agreement hereby agrees to fully hold The School Board of Seminole County, Florida, harmless and fully indemnify it for any damages, loss, judgment claim or penalty and expenses and costs, including attorney's fees incurred, imposed or levied in conjunction with the response to defense or settlement of any claim rising out of the adoption, implementation or administration of said easement other than damages, losses, judgments, claims, or levies resulting solely from the acts of The School Board of Seminole County, Florida, or its agents or employees in conjunction with the offering or implementation of the proposed easement, to the extent of Grantor's liability pursuant to Fla. Stat. S 768.28. IN WITNESS WHEREOF, Grantor has executed this Easement on the date first above written. Utility and Construction Easement Page 2 ATTEST THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA BY: STATE OF FLORIDA COUNTY OF SEMINOLE I, HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared JOSEPH WILLIAMS, JR. and ROBERT W. Hughes, Chairman and Superintendent respectively, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. Witness my hand and official se~l/inthe County and State last aforesaid this / ? day of~/~F~. , A.D., 193.,,,,,, ......... ,~,,,,, .-" ~.% / / ~/ ~., ~ ~, ~-. ~tary Public Utility and Construction Easement Page 3