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J,; <br /> DEPARTMENT OF THE ARMY <br /> CONSENT TO EASEMENT <br /> TO USE CORPS OF ENGINEERS RIGHT - OF - WAY <br /> Consent No . DACW17 - 9 - 05 - 0052 <br /> Project : Intracoastal Waterway , <br /> Jacksonville to Miami , Indian River <br /> County , Florida <br /> Tract No . 365 <br /> THIS CONSENT TO EASEMENT AGREEMENT , made by and between the <br /> UNITED STATES OF AMERICA , DEPARTMENT OF THE ARMY , hereinafter <br /> referred to as the " Government " , acting by and through the Chief , <br /> Management and Disposal Branch , Real Estate Division , U . S . Army <br /> Corps of Engineers , Jacksonville District , hereinafter referred <br /> to as " said officer , " and the Board of County Commissioners , <br /> Indian River County , Florida hereinafter referred to as the <br /> " Grantee " : <br /> WHEREAS , the Government has acquired a right - of - way easement <br /> over the above - numbered tract of land , which easement , by its <br /> terms , reserves to the Government , in perpetuity , the right to <br /> use said easement for the construction , improvement , and <br /> maintenance of the Intracoastal Waterway , Jacksonville to Miami , <br /> Indian River County , Florida ; and <br /> WHEREAS , the Grantee has requested permission to construct , <br /> use , maintain , repair and remove a 12 " water main , 12 " force <br /> main and 24 " reuse main in , on , across , over , and under a <br /> portion of the lands identified as Tract No . 365 , Section 27 , <br /> Township 31 South , Range 39 East , Indian River County , Florida . <br /> The area comprising 0 . 35 of an acre , more or less , is shown in <br /> red on Exhibit " A " attached hereto and made a part hereof . <br /> NOW THEREFORE , this consent is granted and accepted under <br /> the following conditions : <br /> 1 . That it is understood that this consent is effective only <br /> insofar as the property rights of the Government in the land to <br /> be occupied are concerned , and that it does not relieve the <br /> Grantee from the necessity of obtaining grants from the owners of <br /> the fee and / or other interests , therein , nor does it obviate the <br /> requirement that the Grantee obtain State or local assent <br /> required by law for the activity authorized herein . <br /> 2 . That any proposed improvements or use authorized herein shall <br /> not be commenced until appropriate rights shall have been <br />