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2005-165
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2005-165
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Last modified
7/19/2016 10:17:39 AM
Creation date
9/30/2015 8:44:02 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/17/2005
Control Number
2005-165
Agenda Item Number
7.I.
Entity Name
Florida Department of Transportation
Subject
Subordination of County Utility Interests
Area
Segment of U.S. Highway 1
Supplemental fields
SmeadsoftID
4909
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to a point on the Westerly Existing Right of Way line for said state <br /> Road 5 ( U . S . 1 ) ; thence South 19045 ' 47 " East along said Westerly <br /> Existing Right of Way line , a distance of 200 . 10 feet to the <br /> POINT OF BEGINNING ; thence continue South 19 ° 45 ' 47 " East along said <br /> Westerly Existing Right of Way line , a distance of 202 . 48 feet ; <br /> thence South 38026158 " East , a distance of 275 . 97 feet ; thence <br /> South 00031 ' 32 " West , a distance of 248 . 67 feet ; thence <br /> North 89037 . 25 " West , a distance of 141 . 32 feet to a point on the <br /> Easterly Right of Way line for the Florida East Coast Railway ; thence <br /> North 19048 ' 06 " West along said Easterly Existing Railway Right of Way <br /> line , a distance of 696 . 51 feet ; thence South 89037125 " East , a <br /> distance of 139 . 49 feet to the POINT OF BEGINNING . <br /> Containing 2 . 598 acres , more or less . <br /> RECORDED <br /> INSTRUMENT DATE FROM TO O . R . B . & <br /> PAGE <br /> Easement 7 / 26 / 96 St . Lucie Indian River 1115 / <br /> Development County , 1293 <br /> Corporation , a Florida , a <br /> Florida political <br /> corporation subdivision of <br /> f / k/ a Kevin S . the State of <br /> Hawkins , Inc . Florida <br /> PROVIDED that the COUNTY has the following rights : <br /> 1 . The COUNTY shall have the right to construct , operate , maintain , <br /> improve , add to , upgrade , remove , and relocate facilities on , <br /> within , and upon the lands described herein in accordance with the <br /> FDOT ' S current minimum standards for such facilities as required <br /> by the FDOT , Utility Accommodation Manual in the effect at the <br /> time the agreement is executed . Any new construction or <br /> relocation of facilities within the lands will be subject to prior <br /> approval by the FDOT . Should the FDOT fail to approve any new <br /> construction or relocation of facilities by the COUNTY or require <br /> the COUNTY to alter , adjust , or relocate its facilities located <br /> within said lands , the FDOT hereby agrees to pay the cost of such <br /> alteration , adjustment , of relocation , including , but not limited <br /> to the cost of acquiring appropriate easements . <br /> 2 . Not withstanding any provisions set forth herein , the terms of the <br /> utility permits shall supersede any contrary provisions , with the <br /> exception of the provision herein with reimbursement rights . <br /> 3 . The COUNTY shall have a reasonable right to enter upon the lands <br /> described herein for the purposes outlined in Paragraph 1 above , <br /> including the right to trim such trees , brush , and growth which <br /> might endanger or interfere with such facilities , provided that <br /> such rights do not interfere with the operation and safety of the <br /> FDOT ' S facilities . <br /> 4 . The COUNTY agrees to repair any damage to FDOT facilities and to <br /> indemnify the FDOT against any loss or damage resulting from the <br /> COUNTY exercising its rights outlined in Paragraphs 1 and 3 above . <br /> PAGE TWO OF FOUR <br />
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