This instrument prepared by: Joaquin Servia, Manager, Property Acquisition Property Management Department P.O. Box 1000 Bradenton, Florida 34206

ID# 16?00 IOOt:JZ ==================================================SPACE ABOVE THIS LINE FOR RECORDING DATA=============================-=================

UTILITY EASEMENT

THIS INDENTURE, made this /1 'K. day of June, 2013, between WAL-MART STORES EAST, LP, a limited partnership organized and existing under the laws of the State of Delaware, its heirs, successors, or assigns, whose mailing address is 2001 S. E. 101h Street, Bentonville, AR 72716-5525, hereinafter referred to as the "Grantor", in consideration of the mutual benefits to be derived and other good and valuable consideration, does hereby grant and set over unto the COUNTY OF MANATEE, a political subdivision ofthe State of Florida, with its mailing address being P.O. Box 1000, Bradenton, Florida 34206, hereinafter referred to as the "Grantee", a non-exclusive access easement for ingress, egress, construction, installation, and maintenance through and across real property located in Manatee County, Florida, described as follows:

See legal description identified as Exhibit "A" attached hereto.

This is a nonexclusive utility easement with the Grantor reserving unto itself, its heirs, successors, or assigns, the right to the continued free use and enjoyment of the property herein described, for any purposes, which are not inconsistent with the rights granted herein unto the Grantee.

Grantor and Grantee acknowledge that all conditions identified in the attached Exhibit "B" shall be applicable to this easement.

IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year above written.

(Signature of two witnesses required by law)

STATE OF ARKANSAS COUNTY OF BENTON

,r ____ .....-

WAL-MART STORES EAST, LP A Delaware Limited Partnership

BY: WSE Management, LLC, a Delaware limited liabi · mpany, General Partner

LATRICIA RUDMAN Benton County

Commission Number 12388170 Notary Public - Arkansas

My Commission Expires April 01 , 2022

The foregoing instrument was acknowledged before me this _lj_ day of June, 2013, by Barri Tulgetske, Sr. Manager II of WSE Management, LLC, a Delaware limited liability company, General Partner of WAL-MART STORES EAST, LP, a Delaware limited partnership, who is ~rsonally known to me or has produced as

identification.. ~ • - e ~M ~

Printed Name -

APPROVED IN OPEN SESSION 0'1 ~ {_o 13 BOARD OF COUNTY COMMISSIONERS, MANATEE COUNTY

, THIS IS ,.tiOI A SURVEY SECTION 8, TOWNSHIP 35 SOUTH, RANGE 18 EAST,

MANATEE COUNTY, FLORIDA

CURVE C1 C2

UNE L1 L2 L3 L4 L5 L6 L7 LB

7

RADIUS 15 700.12' 15 710.12'

UNE TABLE BEARING

N00'41'38"E N89'38'32"W N89'38'32"W N01'19'58"W S89'38'32"E N45'36'20"E S00'51'11"W S45'36'20"W

8

Exhibit "A"

CURVE TABLE lENGTH 463.26' 463.56'

LENGTH 109.52' 109.34' 35.92' 10.00' 31.80' 41.95' 14.20' 35.99'

CHORD BEARING DELTA 463.25' S89'30'45"W 1'41'26" 463.54' N89'30'45"E 1'41'26"

0

W AL-MART STORES EAST LLP PARCEL 10: 1690010002

\\£ST RIGHT-OF-WAY 30th SlREET EAST PER 0FF1C1A1. RECORDS BOOK 1533, PAGE 2644----,

SUB.ECT PROPERTY = 0.123 ACRES

NORlH RIGHT-OF-WAY STAlE ROAD 70 PER OFACIAI. RECORDS BOOK 1533, PAGE 2644

STATE ROAD 70- 1226.10' PUBUC RIGHT-OF-WAY

150 200

Scale in Feet

Jt;; ~~ I&~

t'~l "iS~ ~

POINT OF COMMENCEMENT SOU1H\\£ST CORNER OF SECliON 8, lllYitlSHIP 35 SOUlH, RANGE 18 EAST

POINT OF BEGINNING

THIS IS ,HQI A SURVEY SECTION 8, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA

Exhibit "A"

LEGAL DESCRIPTION: (PREPARED BY KING ENGINEERING ASSOCIATES, INC.)

A TRACT OF LAND LYING AND BEING IN SECllON 8, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANA TEE COUNTY, FLORIDA, BEING MORE PARllCULARL Y DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECllON 8, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANA TEE COUNTY, FLORIDA; THENCE SOUTH 891 8'22" EAST, ALONG THE SOUTH LINE OF SAID SECllON 8, A DISTANCE OF 1,226.10 FEET; THENCE NORTH 00'41'38" EAST, A DISTANCE OF 109.52 FEET; THENCE NORTH 89'38'32" WEST, A DISTANCE OF 109.34 FEET TO THE POINT OF INTERSECllON WITH THE NORTH RIGHT-OF-WAY OF STATE ROAD 70 ACCORDING TO OFFICIAL RECORDS BOOK 1533, PAGE 2644 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, SAME BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING TWO {2) COURSES; {1) NORTH 89'38'32" WEST A DISTANCE OF 35.92 FEET TO A POINT ON A CURVE TO THE LEFT; {2) WESTERLY 463.26 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 15,700.12 FEET, A CENTRAL ANGLE OF 01'41'26", AND A CHORD BEARING AND DISTANCE OF SOUTH 89'30'45" WEST 463.25 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 0119'58" WEST, A DISTANCE OF 10.00 FEET TO THE POINT ON A NON-TANGENT CURVE TO THE RIGHT; THENCE EASTERLY 463.56 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 15,710.12 FEET, A CENTRAL ANGLE OF 01'41'26", AND A CHORD BEARING AND DISTANCE OF NORTH 89'30'45" EAST 463.54 FEET; THENCE SOUTH 89'38'32" EAST, A DISTANCE OF 31.80 FEET; THENCE NORTH 45'36'20" EAST, A DISTANCE OF 41.95 FEET TO THE POINT OF INTERSECTlON WITH THE WEST RIGHT-OF-WAY OF 30TH STREET EAST ACCORDING TO SAID OFFICIAL RECORDS BOOK 1533, PAGE 2644; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING TWO {2) COURSES; {1) SOUTH 00'51'11" WEST, A DISTANCE OF 14.20 FEET; {2) SOUTH 45'36'20" WEST, A DISTANCE OF 35.99 FEET TO THE POINT OF BEGINNING.

CONTAINING 0.123 ACRES.

SURVEYOR'S NOTES:

1. THE SKETCH DEPICTED HEREON IS FOR GRAPHIC REPRESENTAllON ONLY AND DOES NOT REFLECT A FJELD SURVEY. 2. EASEMENTS, ENCUMBRANCES OR OTHER MATTERS, IF ANY, AFFECTlNG THE DESCRIBED LAND ARE NOT SHOWN. 3. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMAllONAL PURPOSES ONLY AND IS NOT VALID 4. ALL DISTANCES SHOWN HEREON ARE BASED IN U.S. FEET. 5. BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON THE SOUTH LINE OF SECllON 8, TOWNSHIP 35 SOUTH, RANGE 18 EAST, BEING S 891 8'22" EAST, AS SHOWN HEREON.

Sheet _1_ of _1_

Exhibit B

Addendum to Easement Agreement

Notwithstanding anything to the contrary in the attached document:

Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement, and maintenance of either Grantee's improvements or the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. Grantee agrees to return the easement area to its condition which existed prior to the installation of any of its improvements in the easement area, including, but not limited to, the replacement of any sod, landscaping, paving, or other improvements that existed within the easement area prior to such installation or repair.

To the extent provided by law, Grantee shall indemnify, defend, and hold harmless the Grantor and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Grantee, its agents, or employees, during the performance of work within or use of the Easement, except that neither Grantee, its officers, agents, or employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Grantor or any of its officers, agents, or employees during the performance of work within or use of the Easement.

In the event the Grantor receives a notice of claim for damages that may have been caused by the Grantee, the Grantor will immediately forward the claim to the Grantee. Grantee and the Grantor will evaluate the claim and report their findings to each other within fourteen ( 14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Grantor will determine whether to require the participation of the Grantee in the defense of the claim or to require that Grantee defend the Grantor in such claim as described in the preceding paragraph. The Grantor's failure to promptly notify the Grantee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Grantee.

Grantor shall have the right at its expense to relocate said easement upon Grantor's property. In exercising any rights and privileges under this easement, Grantee agrees to comply with all applicable laws. In the event any provision of this Addendum is contrary to the Easement, the terms of this Addendum shall control.

Manatee County, Grantee, is a qualified self-insured for all liability claims and related expenses pursuant to the provisions of Florida Statutes § 768.28, which allows coverage to a maximum amount of $200,000 per person/claim and $300,000 per occurrence, and Manatee County Ordinance 03-4 7. Grantee represents that self-insurance coverage for liability will be provided for the easement property.

Clerk of the Circuit Court - Manatee County R.B."Chips" Shore P.O. Box 25400 Bradenton FL 34206 Visit o•.tr wer:>ite: "www.manateeclerk.com"

MAN CO PROPERTY MGT 1112 MANATEE AVE W STE 803

BRADENTON FL 34205

INVOICE

RECEIPT #2 of #2

001.133000

AR PAYOR: AR700003 GOMC BK 2484 PG 1997 through BK 2484 PG 2000 DOC TYPE:

Receipt:

CODE R R R

EAS CALC AMOUNT: $0 . 0 0 PAGES: 4 FILE# 003178840 430227288 8/02/13 7:57AM

RECEIPT DESC. RECORDING TRUST RECORDING FEES

FUND 199 001 199

ACCOUNT 000000341150 000000341100 000000341160

By: KG

QTY 0 0 0

R CLERK CT TECH FUND FL ASSOC COURT CLERK BD OF COUNTY COMM

001 000000208911 0 R 001 000000208912 0

lllllllllllllllllllllllllllllllllllllllllllllllllllllll~ llllllllllllllllllllllllllll OFFICE HOURS *****8:30AM - 5:00 PM "Pride in Service with a Vision to the Future"

Clerk of the Circuit Court - Manatee County R.B."Chips" Shore P.O. Box 25400 Bradenton FL 34206 Visit our website: "www.manateeclerk.com"

MAN CO PROPERTY MGT 1112 MANATEE AVE W STE 803

BRADENTON FL 34205

AR PAYOR: AR700003 GOMC BK 2484 PG 1997 through DOC TYPE: EAS CALC AMOUNT: $0.00

PAGES: 4 FILE# 003178840 Receipt: 430227288 8/02/13 7:57AM

CODE RECEIPT DESC. FUND ACCOUNT R RECORDING TRUST 199 000000341150 R RECORDING FEES 001 000000341100 R CLERK CT TECH FUND 199 000000341160 R FL ASSOC COURT CLERK 001 000000208911 R BD OF COUNTY COMM 001 000000208912

lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll OFFICE HOURS *****8:30AM - 5:00 PM "Pride in Service with a Vision to the Future"

RECEIPT TOTAL: GRAND TOTAL:

Receipt# 430227287 thru 430227288

INVOICE

RECEIPT #2 of #2

001.133000

BK 2484 PG 2000

By: KG

QTY 0 0 0 0 0

RECEIPT TOTAL: GRAND TOTAL:

Receipt# 430227287 thru 430227288

FEES 2.50 17.00 7.60 0.40 8.00

FEES 2.50 17.00 7.60 0.40 8.00

$35.50 $62.50

$35.50 $62.50

This instrument prepared by: Douglas J. Dieck, Vice President Ryan Companies US, Inc. 101 East Kennedy Blvd, Suite 2450 Tampa, FL 33609

========================================================SPACE ABOVE THIS LINE FOR RECORDING DATA=================================================================

AFFIDAVIT OF OWNERSHIP AND ENCUMBRANCES

STATE OF ARKANSAS COUNTY OF BENTON

BEFORE ME, the undersigned authority, this day personally appeared Barri Tulgetske, Sr. Manager II, WSE Management, LLC, General Partner of WAL-MART STORES EAST, LP, whose mailing address is 2001 S. E. 10TH Street, Bentonville, AR 72716-5525, who being first duly sworn, deposes and says:

1. That the undersigned, hereinafter called the Grantor, is the owner of and has full authority to encumber the following described property, (hereinafter "Property").

See legal description identified as Exhibit "A" attached hereto.

2. That the Grantor plans to grant an easement on the Property to the COUNTY OF MANATEE whose principal office is at 1112 Manatee Avenue West, Post Office Box 1000, Bradenton, Florida 34206 (hereinafter "Grantee").

3. There are currently no mortgages recorded on the Property.

4. The grant of easement is subject to matters of record and this Affidavit is limited to the personal present knowledge of the Affiant.

LATRICIA RUDMAN Benton County

Commission Number 12388170 Notary Public - Arkansas

My Commission Expires April 01, 2022

WAL-MART STORES EAST, LP A Delaware Limited Partnership

By: WSE Management, LLC, a Delaware limited liability o pany, General Partner

'~-B: ~ ~ *

Printed Name '

APPROVED IN OPEN SESSION 0 '1 ~ 2,{) I ~ BOARD OF COUNTY COMMISSIONERS, (,IANATEE COUNTY

THIS IS N.QI A SURVEY SECTION 8, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA

CURVE C1 C2

UNE L1 L2 L3 L4 L5 L6 L7 LB

7

Exhibit "A"

CURVE TABLE RADIUS lENGlH CHORD BEARING DELTA

15 700.12' 463.26' 463.25' S89'30'45"W 1'41'26" 15 710.12' 463.56' 463.54' N89'30' 45"E 1'41'26"

UNE TABLE BEARING l.ENGlH

N00'41'38"E 109.52' 0 150 200

N89'38'32"W 109.34' Scale in Feet N89'38'32"W 35.92' N01'19'58"W 10.00' S89'38'32"E 31.80' N45'36'20"E 41.95' S00'51'11"W 14.20' S45'36'20"W 35.99' W AL-MART STORES EAST LLP

\ PARCB. ID: 1690010002

I r---..... I I '-...

\

I ',,

i WACH0~ .......... '1 / MORTGAGE FSB i SUB.ECT PROPERlY 1 = 0.123 ACRES ~-·

'" PARCEL Hl: 1690010101 I '\..__ I C2 ~ _M~~~==T===~~==~====~~~

C1 L3

8 NOR1H RIGifT-()f-WAY STAlE ROAD 70 P£R ornaAL REOOIDS 1100( 1533, PAGE 2644

-STATE ROAD 7o- 1226.10' PUBUC RIGHT-OF-WAY

POINT OF COMMENCEMENT SOU1H'tltST WINER OF SECliON 8, 1ll'llWIIP 35 S001H, RANGE 18 EAST

POINT OF BEGINNING

11-iiS IS t:lQI A SURVEY SECTION 8, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANATEE COUNlY, FLORIDA

Exhibit "A"

LEGAL DESCRIPTION: {PREPARED BY KING ENGINEERING ASSOCIATES, INC.)

A TRACT OF LAND LYING AND BEING IN SECllON 8, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANA TEE COUNTY, FLORIDA, BEING MORE PARllCULARL Y DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECllON · 8, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANA TEE COUNTY, FLORIDA; THENCE SOUTH 891 8'22'" EAST, ALONG THE SOUTH LINE OF SAID SECllON 8, A DISTANCE OF 1,226.10 FEET; THENCE NORTH 00"41'38'" EAST, A DISTANCE OF 109.52 FEET; THENCE NORTH 89"38'32'" WEST, A DISTANCE OF 109.34 FEET TO THE POINT OF INTERSECllON WITH THE NORTH RIGHT-OF-WAY OF STATE ROAD 70 ACCORDING TO OFFICIAL RECORDS BOOK 1533, PAGE 2644 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, SAME BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING TWO {2) COURSES; {1) NORTH 89"38'32'" WEST A DISTANCE OF 35.92 FEET TO A POINT ON A CURVE TO THE LEFT; {2) WESTERLY 463.26 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 15,700.12 FEET, A CENTRAL ANGLE OF 01"41'26", AND A CHORD BEARING AND DISTANCE OF SOUTH 89"30'45" WEST 463.25 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 0119'58'" WEST, A DISTANCE OF 10.00 FEET TO THE POINT ON A NON-TANGENT CURVE TO THE RIGHT; THENCE EASTERLY 463.56 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 15,710.12 FEET, A CENTRAL ANGLE OF 01"41'26'", AND A CHORD BEARING AND DISTANCE OF NORTH 89"30'45'" EAST 463.54 FEET; THENCE SOUTH 89"38'32" EAST, A DISTANCE OF 31.80 FEET; THENCE NORTH 45"36'20'" EAST, A DISTANCE OF 41.95 FEET TO THE POINT OF INTERSECTlON WITH THE WEST RIGHT-OF-WAY OF 30TH STREET EAST ACCORDING TO SAID OFFICIAL RECORDS BOOK 1533, PAGE 2644; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING TWO {2) COURSES; {1) SOUTH 00"51'11" WEST, A DISTANCE OF 14.20 FEET; (2) SOUTH 45"36'20'" WEST, A DISTANCE OF 35.99 FEET TO THE POINT OF BEGINNING.

CONTAINING 0.123 ACRES.

SURVEYOR'S NOTES:

1. THE SKETCH DEPICTED HEREON IS FOR GRAPHIC REPRESENTATlON ONLY AND DOES NOT REFLECT A FIELD SURVEY. 2. EASEMENTS, ENCUMBRANCES OR OTHER MATTERS, IF ANY, AFFECTlNG THE DESCRIBED LAND ARE NOT SHOWN. 3. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMAllONAL PURPOSES ONLY AND IS NOT VALID 4. ALL DISTANCES SHOWN HEREON ARE BASED IN U.S. FEET. 5. BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON THE SOUTH LINE OF SECllON 8, TOWNSHIP 35 SOUTH, RANGE 18 EAST, BEING S 8918'22'" EAST, AS SHOWN HEREON.

Sheet _1_ of _1_

Clerk of the Circuit Court - Manatee County R.B."Chips" Shore P . O. Box 25400 Bradenton FL 34206 Visit our website: "www.manateeclerk.com"

I

AR PAYOR: DOC TYPE:

MAN CO PROPERTY MGT 1112 MANATEE AVE W STE 803

BRADENTON FL 34205

AR700003 GOMC AFF

Book# CALC AMOUNT: FILE#

Page# $0.00

Receipt : PAGES: 3 430227287 8/02/13 7 : 57AM

CODE R R R R R

RECEIPT DESC . RECORDING TRUST RECORDING FEES CLERK CT TECH FUND FL ASSOC COURT CLERK BD OF COUNTY COMM

FUND 199 001 199 001 001

1111111111111111111111111111111111111111111111111111111111111111111111111111111111111

OFFICE HOURS *****8:30AM - 5:00 PM

ACCOUNT 000000341150 000000341100 000000341160 000000208911 000000208912

"Pride in Service with a Vision to the Future"

Clerk of the Circuit Court - Manatee County R.B."Chips" Shore P.O . Box 25400 Bradenton FL 34206 Visit our website: "www.manateeclerk.com"

AR PAYOR: DOC TYPE :

MAN CO PROPERTY MGT 1112 MANATEE AVE W STE 803

BRADENTON FL 34205

AR700003 GOMC AFF

Book# CALC AMOUNT: FILE#

Page# $0.00

Receipt: PAGES: 3 430227287 8/02/13 7:57AM

CODE R R R R R

RECEIPT DESC . RECORDING TRUST RECORDING FEES CLERK CT TECH FUND FL ASSOC COURT CLERK BD OF COUNTY COMM

FUND 199 001 199 001 001

lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll OFFICE HOURS *****8:30 AM - 5:00 PM

ACCOUNT 000000341150 000000341100 000000341160 000000208911 000000208912

"Pride in Service with a Vision to the Future"

INVOICE

RECEIPT #1 of #2

001.133000

By: KG

QTY 0 0 0 0 0

Receipt# thru

INVOICE

RECEIPT #1 of #2

001.133000

By: KG

QTY 0 0 0 0 0

Receipt# thru

RECEIPT TOTAL : GRAND TOTAL:

RECEIPT TOTAL: GRAND TOTAL:

FEES 2 . 00 13.00 5.70 0.30 6.00

FEES 2.00 13 . 00 5.70 0.30 6.00

$27 . 00

$27 . 00

Office of

MANATEE COUNTY ATTORNEY

Mitchell 0. Palmer, County Attorney* J1mes A. 1\finlt, Chief Deputy Counly Allomey M1urun S. Sikora, Depuly Counly Altomey•• Robert M. Esch~nf~ld~r, Depuly Coanly Attorney Rodnry C. W•d~, Deputy Coualy Allomey•• Willi1m E. Cl•cur, Deputy Couaty Altomey J1mes R. COOMy, Deputy County Altomey

DATE:

TO:

THROUGH:

FROM:

RE:

S1rah A. Schrnk, Depuly County Allomey••

MEMORANDUM

August 28, 2012

Charlie H. Bishop, PMP, Director, Property Management Department

Mitchell 0. Palmer, County Attorney~~ t(-:;,fi }.- . Rodney C. Wade, Deputy County Atto;,~H7 k~ Charter School- Ryan Companies US, Inc., Prop./sed Utility Easement Dedication from Wal-Mart Stores East, LP, to Manatee County- Fast Track Project - 301

h Street East, Bradenton RLS-12-234 Received August 3, 2012; CAO File 8003-114

This memorandum is in response to the above-referenced Request for Legal Services in which you ask this office to review a Utility Easement and attached Exhibit "B," Addendum to Utility Easement from Wal-Mart Stores East, LP ("Wal-Mart"), to Manatee County.

BACKGROUND:

As a condition of the Final Site Plan approval, Manatee Charter School located at 4550 30th Street East, Bradenton, is required to construct a new force main and a new manhole along 30th Street East to connect to an existing force main along 53rd Avenue East (State Road 70). During construction, it has been discovered that there are a number of private utility infrastructure located within the proposed new manhole area, and it has been proposed to move the new manhole location to Wal-Mart's property to avoid potential utility interruptions.

The existing force main located along 53rd Avenue East is located on Wal-Mart's property, and Wal-Mart agrees to dedicate a utility easement to Manatee County for the new manhole and connection of the force main provided its standard language contained in Exhibit "B" is attached to the Utility Easement.

• Ooard Certtfied m Construction La" •• Board Certified in Cuy. County & Local Government Law

1112 Manatee Avenue West, Suite 969, P.O. Box 1000, Bradenton, FL 34206 (941) 745-3750 • Fax (941) 749-3089

Exhibit B

Addendum to Easement Agreement

Notwithstanding anything to the contrary in the attached document:

Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement, and maintenance of either Grantee's improvements or the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. Grantee agrees to return the easement area to its condition which existed prior to the installation of any of its improvements in the easement area, including, but not limited to, the replacement of any sod, landscaping, paving, or other improvements that existed within the easement area prior to such installation or repair.

To the extent provided by law, Grantee shall indemnify, defend, and hold harmless the Grantor and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Grantee, its agents, or employees, during the performance of work within or use ofthe Easement, except that neither Grantee, its officers, agents, or employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Grantor or any of its officers, agents, or employees during the performance of work within or use of the Easement.

In the event the Grantor receives a notice of claim for damages that may have been caused by the Grantee, the Grantor will immediately forward the claim to the Grantee. Grantee and the Grantor will evaluate the claim and report their findings to each other within fourteen ( 14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Grantor will determine whether to require the participation of the Grantee in the defense of the claim or to require that Grantee defend the Grantor in such claim as described in the preceding paragraph. The Grantor's failure to promptly notify the Grantee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Grantee.

Grantor shall have the right at its expense to relocate said easement upon Grantor's property. In exercising any rights and privileges under this easement, Grantee agrees to comply with all applicable laws. In the event any provision of this Addendum is contrary to the Easement, the terms of this Addendum shall control.

Manatee County, Grantee, is a qualified self-insured for all liability claims and related expenses pursuant to the provisions of Florida Statutes § 768.28, which allows coverage to a maximum amount of $200,000 per person/claim and $300,000 per occurrence, and Manatee County Ordinance 03-4 7. Grantee represents that self-insurance coverage for liability will be provided for the easement property.

Charlie H. Bishop, PMP, Director Property Management Department Page2 August 28, 2012

DISCUSSION:

I have reviewed Exhibit "B," Addendum to Utility Easement, and revised the Addendum to be acceptable for review and approval by the Manatee County Board of County Commissioners.

CONCLUSION:

The Utility Easement and Addendum as amended are acceptable for consideration and approval by the Board of County Commissioners.

RCW/slm Attachment cc/att: Ed Hunzeker, County Administrator

Joaquin Servia, Manager, Property Acquisition Division Moonlin Johnson, Real Property Specialist, Property Acquisition Division

S \rwade\RLS\20 12\BishopC _ CharterSchool_ WaiMutSiores_ Ulililyf.oxmeni_JOihSIE_12·234 doc

REVISED July 30, 2013 - Regular Meeting Agenda Item #51

Subject WAL-MART STORES EAST, LP - Utility Easement Briefings None Contact and/or Presenter Information

Moonlin Johnson Ext. 6289

Joaquin Servia, Manager Property Acquisition/Ext. 3021

Action Requested

Acceptance of, authorization to record, Utility Easement from WAL-MART STORES EAST, LP a limited partnership organized and existing under the laws of the State of Delaware.

Authorization to record an Affidavit of Ownership and Encumbrances from Barri Tulgetske, Sr. Manager II of WSE Management, LLC, General Partner of WAL-MART STORES EAST, LP a Delaware limited partnership.

Enabling/Regulating Authority Florida Statutes – FS 125. Manatee County Comprehensive Plan - Goals 11.5-11.7 Addresses the potable water system. Background Discussion

A Utility Easement was required for a non-exclusive access easement for ingress, egress, construction, installation, and maintenance.

The subject property is located east of US 301 and north of 53rd Avenue East.

This dedication is for the benefit of Charter School project.

The conveyance documents are hereby presented for acceptance and recording.

County Attorney Review Formal Written Review (Opinion memo must be attached)

Manatee County Government Administrative CenterCommission Chambers, First Floor

9:00 a.m. - July 30, 2013

Explanation of Other Reviewing Attorney Wade Instructions to Board Records Please email Moonlin Johnson, Property Acquisition Division, Property Management Department at moonlin.johnson@mymanatee.org  for a copy of the recorded documents.  CCC Charge Account #AR700003 Property Management Cost and Funds Source Account Number and Name $62.50 Recording Fee - 001-0020505 Property Acquisition Core Funds Amount and Frequency of Recurring Costs N/A Attachment:  Utility Easement - Walmart.pdf Attachment:  Affidavit.pdf Attachment:  Wade - RLS Memorandum.pdf Attachment:  Location map - Walmart.pdf

Manatee County Government Administrative CenterCommission Chambers, First Floor

9:00 a.m. - July 30, 2013

•• r-

LOCATION MAP 10 FOOT UTILITY EASEMENT

ADJACENT TO STATE ROAD 70 ·@·

s 1 Inch equ•l• 600 feet