2022-263 - Laserfiche WebLink

Home Browse Search

The scope, nature, and character of this Easement shall be as follows: 1. Recitals. The recitals herein are true and correct and are hereby incorporated into and made a part of this Easement. 2. Grant of Easement. Grantor hereby gives, grants, bargains, sells and conveys to Grantee a perpetual non-exclusive Easement for access and/or right of way purposes over, on, under and upon the Easement Property, with full right and authority of ingress and egress over, on, under and upon the Easement Property at all times for the purpose of designing, constructing, and maintaining a 12 -foot wide asphalt surface multi -use trail and supporting culverts within the Easement Area as part of the Florida Department of Transportation's Rails to Trails 1.4 mile extension of the historic Trans -Florida Railroad Trail for access by Grantee, its invitees, contractors, agents, and members of the general public. By acceptance of the benefits of this Easement, Grantee agrees to perform and comply with all obligations imposed on the Grantee herein. 3. • Limitation on Easement. This Easement is given by Grantor to Grantee subject to the following terms, conditions and limitations: (i) the Easement granted herein is solely for the purpose of design, construction, and maintenance of a paved multi -use trail as part of the rail to trails program for ingress and egress by Grantee, its invitees, contractors and agents, including members of the general public, and for no other purpose whatsoever; (ii) Grantee shall abide by any and all applicable laws, rules, regulations, codes and ordinances when utilizing the Easement Property; (iii) Grantee, at its sole cost and expense, shall construct the multi -use trail and continue to repair and maintain the Easement Property in a good, safe condition; and (iv) Grantee shall indemnify and hold harmless Grantor from and against the claims of all persons whomsoever in the event of damage to property or injury to persons resulting from use of the Easement Property by all persons whomsoever, unless such damage or injury is caused by the sole negligence of Grantor. 4. Special Conditions. The following special conditions apply to this easement: a. All construction will comply with the Americans with Disabilities Act ("ADA") and will be in accordance with State of Florida Department of Transportation's most recent and relevant guidelines for multi -use trails and with the most recent version of Federal Highway Administration's Manual on Uniform Traffic Control Devices. b. Grantee will design and construct the Easement Area to retain natural hydrologic connections between surrounding wetlands severed by the construction of the railroad berm. These efforts may be by construction of multiple culverts or by low-water crossings filled with ballast, both methods designed to be suitable for use by firefighting equipment. C. Grantee acknowledges the St. Sebastian River Buffer State Park is managed by the State of Florida Department of Environmental Protection, Division of Recreation and Park, Florida Park Service (Managing Agency) on behalf of Grantor and the Trustees (Lease 4397, as amended). d. Grantee acknowledges that prescribed burning is a land management practice used by Managing Agency to manage natural resources and that prescribed burning may result in fire or smoke within the Easement Area. The Managing Agency will notify the Grantee prior to any prescribed fire activity in the Easement Area and will limit all temporary closures to the minimum duration possible to assure public safety. Page 2 of 5