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2015-206
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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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17. AUTOMATIC REVERSION• This easement is subject to an automatic termination and reversion to GRANTOR <br />when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein, and any costs or expenses ansing <br />out of the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE, including attorneys' fees. <br />18. RECORDING OF EASEMENT. GRANTEE, at its own expense, shall record this fully executed easement in its <br />entirety in the public records of the county within which the easement site is located within fourteen days after receipt, and shall <br />provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which <br />contains the O.R. Book and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute <br />grounds for immediate termination of this easement agreement at the option of the GRANTOR. <br />19. GOVERNING LAW: This easement shall be governed by and interpreted according to the laws of the State of Flonda. <br />20. SECTION CAPTIONS: Articles, subsections and other captions contained in this easement are for reference purposes <br />only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this easement or any provisions <br />thereof. <br />21 SPECIAL CONDITIONS: The following special conditions shall apply to this direct benefit easement: <br />A. County will design the Trail and all appurtenant infrastructure to the standards of the DRP. All construction <br />design plans will be reviewed and approved in writing by the DRP and the Department's Bureau of Design and Construction <br />(BDC) prior to the commencement of any construction activities. All construction will comply with the Amencans with <br />Disabilities Act ("ADA") and will be in accordance with Florida Department of Transportation's most recent and relevant <br />guidelines for multi -use trails and with the most recent version of Federal Highway Administration's Manual on Uniform Traffic <br />Control Devices. <br />B. County will design and construct the Trail facility to retain natural hydrologic connections between <br />surrounding wetlands severed by the construction of the railroad berm. These efforts may be by construction of multiple culverts <br />or by low-water crossings filled with ballast, both methods designed to be suitable for use by firefighting equipment. <br />C. County acknowledges that prescribed burning is a land management practice used by DRP to manage natural <br />resources at St. Sebastian River Preserve State Park and that prescribed burning may result in fire or smoke within the Park. <br />D County will design and construct the Trail facility to be fully functional as a fire line traversed by heavy <br />firefighting equipment without damaging the trail surface and will ensure that all improvements are designed, constructed, <br />Page 5 of 11 <br />Easement No. 32851 R 04/15 <br />
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