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ti <br /> a <br /> South 70004 ' 18 " West along said Easterly Existing Right of Way line , a <br /> distance of 1 . 99 feet ; thence North 19 ° 45147 " West continuing along <br /> said Easterly Existing Right of Way line , being 111 . 25 feet Easterly of <br /> and parallel with the Baseline of Survey for said State Road 5 <br /> ( U . S . 1 ) , a distance of 224 . 50 feet to the point of curvature on a <br /> non - tangent curve concave to the Northeast , having a chord bearing of <br /> South 25014108 " East ; thence Southerly along the arc of said curve , <br /> having a radius of 10 , 107 . 58 feet , through a central angle of <br /> 01055 ' 55 " , and an arc distance of 340 . 82 feet to a point on said <br /> South line of the Northeast %. and the end of said curve ; thence <br /> North 89037 ' 25 " West along said South line , a distance of <br /> 32 . 19 feet to the POINT OF BEGINNING . <br /> Containing 41772 square feet , more or less . <br /> RECORDED <br /> INSTRUMENT DATE FROM TO O . R . B . & <br /> PAGE <br /> Grant of 10 / 11 / 93 Shopping General 0995 / <br /> Utility Centers , Ltd , Development 0505 <br /> Easement Utilities , Inc . <br /> Assignment 10 / 13 / 93 General Indian River 0995 / <br /> of Easements Development County , 0516 <br /> Utilities , Florida , a <br /> Inc . , political <br /> a Florida subdivision of <br /> corporation the State of <br /> Florida <br /> PROVIDED that the COUNTY has the following rights : <br /> 1 . The COUNTY shall have the right to construct , operate , maintain , <br /> improve , add to , upgrade , ' remove , and relocate facilities on , <br /> within , and upon the lands described herein in accordance with the <br /> FDOT ' S current minimum standards for such facilities as required <br /> by the FDOT , Utility Accommodation Manual in the effect at the <br /> time the agreement is executed . Any new construction or <br /> relocation of facilities within the lands will be subject to prior <br /> approval by the FDOT . Should the FDOT fail to approve any new <br /> construction or relocation of facilities by the COUNTY or require <br /> the COUNTY to alter , adjust , or relocate its facilities located <br /> within said lands , the FDOT hereby agrees to pay the cost of such <br /> alteration , adjustment , or relocation , including , but not limited <br /> to the cost of acquiring appropriate easements . <br /> 2 . Not withstanding any provisions set forth herein , the terms of the <br /> utility permits shall supersede any contrary provisions , with the <br /> exception of the provision herein with reimbursement rights . <br /> 3 . The COUNTY shall have a reasonable right 'to enter upon the lands <br /> described herein for the purposes outlined in Paragraph 1 above , <br /> including the right to trim such trees , brush , and growth which <br /> might endanger or interfere with such facilities , provided that <br /> such rights do not interfere with the operation and safety of the <br /> FDOT ' s facilities . <br /> - 2 - <br />