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to a point on the Westerly Existing Right of Way line for said State Road 5 (U.S. 1); thence South 19°45'47" East along said Westerly Existing Right of Way line, a distance of 200.10 feet to the POINT OF BEGINNING; thence continue South 19°45'47" East along said Westerly Existing Right of Way line, a distance of 202.48 feet; thence South 38°26'58" East, a distance of 275.97 feet; thence South 00°31'32" West, a distance of 248.67 feet; thence North 89°37'25" West, a distance of 141.32 feet to a point on the Easterly Right of Way line for the Florida East Coast Railway; thence North 19°48'06" West along said Easterly Existing Railway Right of Way line, a distance of 696.51 feet; thence South 89°37'25" East, a distance of 139.49 feet to the POINT OF BEGINNING. Containing 2.598 acres, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B. & PAGE Easement 7/26/96 St. Lucie Indian River 1115/ Development Corporation, a Florida corporation f/k/a Kevin S. County, Florida, a political subdivision of the State of 1293 Hawkins, Inc. Florida PROVIDED that the COUNTY has the following rights: 1. The COUNTY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or require the COUNTY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, of relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The COUNTY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT'S facilities. 4. The COUNTY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the COUNTY exercising its rights outlined in Paragraphs 1 and 3 above. PAGE TWO OF FOUR