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40 <br />easements necessary to such systems and includes every person, <br />®M corporation, lessee, trustee or receiver owning, operating, <br />managing or controlling a utility system or proposing con- <br />struction of a system or who is providing or proposes to pro- <br />vide water or sewer service to the public. <br />SECTION 3 <br />There is hereby granted by the County to the Owner the <br />exclusive franchise, right and privilege to erect, construct, <br />operate and maintain a water and sewer system within the pres- <br />cribed territory as herein provided and for these purposes to <br />sell water and sewage collection and treatment services within <br />the territory and for these purposes to establish the necessary <br />facilities and equipment and to lay and maintain the necessary <br />lines, pipes, mains and other appurtenances necessary therefor <br />in, along, under and across the public alleys, streets, roads, <br />highways and other public places of the County; provided, however, <br />that the County reserves the right to permit the use of such pub- <br />lic places for any and all other lawful purposes and subject always <br />to the paramount right of the public in and to such public places. <br />SECTION 4 <br />The territory in which this franchise shall be applicable <br />is all that part of Indian River County, Florida, located within <br />the following -described boundary lines, to -wit: <br />Tracts 9 and 10, LESS 5 acres, Northeast corner of <br />Tract 9, and LESS the West 10 acres of Tract 10, <br />Section 11, Township 33 South, Range 38 East, Indian <br />River Farms Company Subdivision, as per map or plat <br />thereof as recorded in Plat Book 2 at page 25, Public <br />Records of St. Lucie County, Florida; said land now <br />lying and being in Indian River County, Florida. <br />The portion of the property described above as "Less <br />5 acres, NE corner of Tract 9" is described as follows: <br />Commencing at the East 1/4 corner of Section 11, Town- <br />ship 33 South, Range 38 East a go North 89004'02" West <br />466.69 feet; thence South 01616'49" West 30.00 feet <br />to the point of beginning; thence South 01016'49" West <br />436.69 feet; thence South 89004'02" East 426.69 feet; <br />thence North 01016'49" East 436.69 feet; thence North <br />89004'02" West 426.69 feet to the point of beginning. <br />-2- <br />