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180-School Board of Sem County19 0 156 . SEHINOLE CO. FL. "' RECORDED & VERIFIED BBB M2LR 17 PR 2:06 UTILITY AND CONSTRUCTION EASEMENT Deed of Easement made ~ ~ ., A.D., 1988, by THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA, a body corporate pursuant to Fla. Stat. Sec. 230.21 and a political subdivision of the State of Florida pursuant to Fla. Stat. Sec. 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, Grantee. Grantor, in consideration of One Dollar ($1.00) paid by Grantee, the receipt of which is hereby acknowledged, hereby grants, bargains, and 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 Grantor, diversion/distribution system. Said right-of-way and shall be through and under the land belonging to the located in the County of Seminole, State of Florida, and described as follows: 15' UTILITY EASEMEN~ A 15' utility easement being 7.5 feet each side at the following described centerline: Begin 19.5 feet East of the centerline of the Southerly paved entrance to Hamilton Elementary and being on the Northerly right-of way of Celery Avenue; thence run Northerly and parallel with said centerline 700'; thence run Northwesterly 60' to the Westerly boundary of Hamilton Elementary. The term of this utility easement shall be perpetual or until such time as grantee may abandon the pipeline or such time as the need for said pipeline shall terminate. 25' CONSTRUCTION EASEMENT A 25' utility easement being 12.5 feet each side at the following described centerline: Begin 24.5 feet East of the centerline of the Southerly paved entrance to Hamilton Elementary and being on the Northerly right-of-way of Celery Avenue; thence run Northerly and parallel with said centerline 700'; thence run Northwesterly 60' to the Westerly boundary of Hamilton Elementary. The term of this construction easement shall be for three (3) years from the date of the grant of easement. 19 .0 1565 sEMINOLE- CO, FL. Concomitant and coextensive with this right is the further right in Grantee, its successors and assigns, of ingree 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 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. 768.28. IN WITNESS WHEREOF, Grantor has executed this Easement on the date first above written. ATTEST HU~HES Superintendent THE SCHOOL BOARD~OF J~SEPH ~ILL~S, ~. ~airman of th~ Board . ~...' .~ ~' 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., as Chairman of the School Board of Seminole County, Florida, and ROBERT W. HUGHES, as Superintendent of Schools for Seminole County, Florida, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed same. WITNESS my hand and official seal aforesaid this ~-~ day of March, Not~blic - State of Florida "',M~,~Commission Expires: in the County and State last A.D., 1988.