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s" <br />a <br />similar systems serving more than one building. "Utility" <br />includes wells, pumps, tanks, treatment facilities, force mains, <br />Pumps stations, collection systems, service lines and pipes, real <br />estate and easements necessary to such systems and includes every <br />person, corporation, lessee, trustee or receiver owning, operating, <br />managing or controlling a utility system or proposing construction <br />of a system or who is providing or proposes to provide sewer <br />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 sewer system and water system within the <br />prescribed territory as herein provided and for these purposes to <br />sell treated water and sewerage collection and treatment services <br />within the territory and for these purposes to establish the <br />necessary facilities and equipment and to lay and maintain the <br />necessary lines, pipes, mains and other appurtenances necessary <br />therefor in, along, under and across the public alleys, streets, <br />roads, highways and other public places of the County; provided, <br />however, that the County reserves the right to permit the use of <br />such public places for any and all other lawful purposes and subject <br />always to the paramount right of the public in and to such public <br />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 />From a P.R.M. marker on the Northeast corner of Tract "A" of van <br />Bergen and Hendry's Addition to Roseland, Unit No. 1, as recorded <br />in Plat Book 3, page 39, Docket No. 58971, Public Records of <br />Indian River County, Florida, run South 410 23' 00" West along <br />the North boundary of said Tract "A", said line also being the <br />South right-of-way of Roseland Road, a distance of. 138.60 feet to <br />the intersection of the East right-of-way of U.S. Highway No. 1.; <br />Thence run Northerly along the East right-of-way of U.S. Highway <br />No. 1 on an arc of a circular curve to the right, having a radius <br />of 11459.20 feet, through a central angle of 00° 20' 22", for a <br />distance of 67.90 feet to the intersection with the North right- <br />of-way of Roseland Road and point of beginning. <br />- 2 - <br />