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10/20/2015 (3)
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10/20/2015 (3)
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Last modified
4/5/2018 10:04:53 AM
Creation date
2/2/2016 11:42:25 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/20/2015
Meeting Body
Environmental Control Board
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17. AUTOIIIATIC REVERSION: This easement is subject to an automatic termination and recersinn to GRANTOR <br />when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein_ and anv costs or expenses arising <br />out of the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE. including attorneys' lees <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 c\ ithin CUM -teen d,,c s sifter receipt. ,iii,f shall <br />provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entiretc \\ huh <br />contains the O.R. Book and Pages at which the easement is recorded Failure to compb \vnh this paragraph shall consuunc <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 ofthe' ttie of florid,: <br />20 SECTION CAPTIONS Articles, subsections and other captions contained in this easement arc for reference purposes <br />only and are in no way intended to describe, interpret. define or limit the scope. extent or intent of this eascmux or an pro\ i'.0 n'. <br />thereof <br />21 <br />SPECIAL CONDITIONS The following special conditions shall apple to this direct henetit casement <br />A. County will design the Trail and all appurtenant infrastructure to the standards of the DRP All c onstruc non <br />design plans will be reviewed and approved in writing by the DRI' and the Department s Bureau o1 Design and Construction <br />(BDC') prior to the commencement of anv construction activities. All construction will comply with the Americans \\nh <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 l'inform '1 raltic <br />Control Devices. <br />B County will design and construct the Trail facility to retain natural hydrologic connections het i. ri <br />surrounding wetlands severed by the construction of the railroad berm These eflorts may he construction of multiple c td\ cr, <br />or by low-water crossings filled with ballast, both methods designed to be suitable for use by tiretighune equipment <br />C. County acknowledges that prescribed burning is a land management practice used 1)RI' to mtanaec natural <br />resources at St. Sebastian River Preserve State Park and that prescribed burning may result in lire or smoke \r ithin the Park <br />D County will design and construct the Trail facility to be lulls functional as ,: tirc lin, tea\ ;sed i hca. <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 1 <br />County/Grantee within the Easement Area. <br />L. Upon completion of construction of the recreational Trail, County/Grantee shall be full\ responsible for the <br />maintenance of the improvements. <br />Page 6 of 11 <br />Easement No. 32851 <br />R 04/15 <br />124 <br />125 <br />
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