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Last modified
3/31/2017 8:52:24 AM
Creation date
11/19/2015 9:49:09 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Easement
Approved Date
10/20/2015
Control Number
2015-206
Agenda Item Number
8.H.
Entity Name
Board of Trustees Internal Improvement Trust Fund
Subject
Trans Central Florida Railroad Trail
Direct Benefit Easement
Area
St. Sebastian Preserve
Project Number
32851
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2. TERM: The term of this easement shall be for a penod of fifty years (50) commencing on <br />(-)-1.)13€-A__ 028; 020/ S and ending on OC-JJ bt3C42- 2 7) 06� , unless sooner terminated pursuant <br />to the provisions of this easement. <br />3 USE OF PROPERTY AND UNDUE WASTE. This easement upon and across the property described in Exhibit "A" <br />shall be for the purpose of access, construction, maintenance and public use of a segment of the Trans -Central Flonda Railroad <br />Trail (the "Trail") dunng the term of this easement. This easement shall be non-exclusive. GRANTEE shall be responsible for <br />maintaining and repairing the Trail and related improvements within the Easement Area at its sole expense, and in good, safe, <br />and workmanlike manner, free of all liens and in accordance with the requirements of all applicable governmental authorities. <br />GRANTOR retains the nght to engage in any activities on, over, across or below the Easement Area which do not unreasonably <br />interfere with GRANTEE'S exercise of this easement and further retains the right to grant compatible uses to third parties dunng <br />the term of this easement. <br />GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the cleanng of the <br />land for the uses authorized hereunder. If timber is removed in connection with cleanng this easement, the net proceeds denved <br />from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion <br />and to prevent any other degradation of the real property described in Exhibit "A" during the term of this easement. GRANTEE <br />shall not remove water from any source on this easement including, but not limited to, a watercourse, reservoir, spring, or well, <br />without the prior written approval of GRANTOR. GRANTEE shall clear, remove and pick up all debns including, but not <br />limited to, containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory <br />manner as to leave the work locations clean and free of any such debns. GRANTEE, its agents, successors, or assigns, shall not <br />dispose of any contaminants including but not limited to, hazardous or toxic substances, petroleum, fuel oil, or petroleum by- <br />products, chemicals or other agents produced or used in GRANTEE'S operations, on this easement or on any adjacent state land <br />or in any manner not permitted by law. GRANTEE shall be liable for all costs associated with any cleanup of the subject property <br />which is a result of GRANTEE'S operations and use of the subject property. <br />Upon termination or expiration of this easement GRANTEE shall restore the lands over which this easement is granted <br />to substantially the same condition as existed on the effective date of this easement. GRANTEE agrees that upon termination of <br />this easement all authonzation granted hereunder shall cease and terminate. <br />If the lands described in Exhibit "A" are under lease to another agency, GRANTEE shall obtain the consent of such <br />agency prior to engaging in any use of the real property authorized herein. <br />Page 2 of 11 <br />Easement No 32851 R 04/15 <br />
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