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RESOLUTION NO. 85- 46 <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA AUTHORIZING EXECUTION OF A <br />LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY <br />GOVERNING A STORM SEWER INSTALLATION AT THE 12TH STREET <br />CROSSING <br />WHEREAS, the County is preparing to undertake a major <br />improvement of the 12th Street corridor in Indian River County, <br />including installation of a 54 inch steel pipe containing a 36 <br />inch concrete storm drainage pipe beneath the railway's <br />right-of-way; and <br />WHEREAS, the County must execute a license agreement <br />with the Florida East Coast Railway in order to make such <br />crossing, which agreement is attached hereto and incorporated by <br />reference; and <br />WHEREAS, the Public Works Departrent has reviewed said <br />agreement and recommends its approval in order to facilitate the <br />12th Street improvement program. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the foregoing <br />recitals are ratified and that the Chairman and Clerk are <br />authorized to execute and deliver to the railroad two original <br />copies of the proposed license agreement attached hereto as <br />Exhibit "A." The Public Works Director is further authorized and <br />directed to carry out and abide by the requirements contained <br />therein. <br />The foregoing resolution was offered by Commissioner <br />Scurlock who moved its adoption. The motion was seconded <br />by Commissioner Bowman and, upon being put to a vote, the <br />vote was as follows: <br />Chairman Patrick B. Lyons Aye <br />Vice -Chairman Don C. Scurlock, Jr. Aye <br />Commissioner Richard N. Bird Aye <br />Commissioner Margaret C. Bowman Aye <br />Commissioner William C. Wodtke, Jr. Aye <br />-1- <br />