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RIGHT-OF-WAY EASEMENTS
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IN THE RECORDS or
JEFFREY K. BARTON
For PELICAN ISLAND NATIONAL WILDLIFE REFUGE CLERK CIRCUIT COURT
Indian River County, Florida
INDIAN RIVER CO., FLA
THE SECRETARY OF THE INTERIOR, by his authorized representative, the
Regional Director, U. S. Fish and Wildlife Service, in accordance with the applicable authorities,
and regulations published December 19, 1969, 50 CFR Part 29.21, for an in consideration of the
sum of TEN ($10.00) DOLLARS,
hereby Grants to INDIAN RIVER COUNTY, herein designated as the grantee,
TWO RIGHT-OF-WAY EASEMENTS for a period of FIFTY (50)YEARS per easement.
Said easements are granted for the purpose of construction and maintenance of entrance roads,
parking lots, utilities and restrooms, over, across, in and upon lands of the United States
described as follows:
Easement I
Commence on the Northwest corner of Government Lot 3, Section 3, Township 31 South,
Range 39 East and run N 89° 15'22" E, along the North line of said Government Lot 3, a
distance of 266.92 feet to a POINT OF BEGINNING lying in the arc of a 196.86 -foot radius
curve in the baseline of Jungle Trail, said point bearing S 55° 40'58" E from its radius point.
Then run Southwesterly, along the curve, through a central angle of 28 ° 47' 09", an arc
distance of 98.90 feet to the P.C. of the curve. Then run S 63° 06'11" W along the baseline,
a distance of 48.70 feet to a point. Then run S 0° 15'22" W, parallel with the East line of the
parcel of which this is a part, a distance of 204.90 feet to a point. Then run North 890 15'22"
East a distance of 345 feet to the said East line. Then run North 0° 15'22" E along the East
line, distance of 290 feet to a point in the North line of Government Lot 3, Then run S 891
15' 22" West along the said North line, a distance of 228.40 feet to the POINT OF
BEGINNING. Containing 2.16 acres, more or less. LESS any part lying within the
maintenance right -of- way of Jungle Trail. Lying in Indian River County, Florida.
e C` Easement If
Begin at the Northeast corner of Government Lot 2, Section 9, Township 33 South, Range
39 East, and run: Along the Govemment Lot line, South 0° 33'35" E, a distance of 248 feet
to a point. Then run S 86° 36'48" W a distance of 1714.80 feet to a point. 'then run
N 0 degrees 13' 30" E a distance of 356 feet to a point in the North line of the said
Government Lot 2. Then run along the North line of Government Lot 2, a distance of 1708
feet to the POINT OF BEGINNING. Containing 516,401 square feet or 11.9 acres. LESS any
part lying with in the maintenance right of way of Jungle Trail. Lying in Indian River County,
Florida.
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BY ACCEPTING THESE RIGHT-OF-WAY EASEMENTS THE
GRANTEE AGREES TO THE FOLLOWING TERMS AND
CONDITIONS:
(1) To comply with State and Federal laws applicable to the project within which the
rights-of-way are granted, and to the lands which are included in the right-of-way,
and lawful existing regulations thereunder.
(2) To clear and keep clear the lands within the rights-of-way to the extent and in the
manner directed by the project leader in charge; and to dispose of all vegetative and
other material cut, uprooted, or otherwise accumulated during the construction and
maintenance of the project in such a manner as to decrease the fire hazard and also
in accordance with such instructions as the project leader may specify.
(3) To prevent the disturbance or removal of any public land survey monuments or
project boundary monuments unless and until the applicant has requested and
received from the Regional Director approval of measures the applicant will take to
perpetuate the location of aforesaid monuments.
(4) To take such soil and resource conservation and protection measures, including weed
control on the land revered bythe right—jr-s.,o,. +ho .,.,,;-- i..,.a.._ :_
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request.
(5) To do everything reasonable within his/her power, both independently and on request
of any duly authorized representative of the United States, to prevent and suppress
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ires on or near lands to be occupied under the rights-of-way, including making
available such construction and maintenance forces as may be reasonably obtainable
for the suppression of such fires.
(6) To rebuild and repair such roads, fences, structures, and trails as may be destroyed
or altered by construction work and to build necessary and suitable crossings for all
roads and trails that intersect the works constructed, maintained, or operated under
the rights-of-way.
(?, To pay the United States the full value fur all damages to the lands or other property
of the United States caused by him%her or by his/her employees, contractors, or
employees of the contractors, and to indemnify the United States against any liability
for damages to life, person, or property arising from the occupancy or use of the lands
under the rights-of-way, except where a right-of-way is granted hereunder to a State
or other governmental agency which has no legal power to assume such a liability
with respect to damages caused by it to lands or property, such agency in lieu thereof
agrees to repair all such damages.
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(8) That all or any part of the rights-of-way granted may be terminated by the Director,
Fish and Wildlife Service for failure to comply with any or all of the terms or
conditions of this grant, or for non-use for a 2 -year period, or abandonment of the
rights-of-way granted. In the event of noncompliance, the Regional Director will
notify the permittee in writing of the corrections needed, and the permittee shall have
a period of sixty (60) days from the date of the notice to complete corrective action.
However, in the event of extenuating circumstances such as adverse weather
conditions, disturbance of wildlife during periods of peak concentrations, or other
compelling reasons, the Regional Director may grant an extension of time which in
his/her judgment is reasonably necessary. In the event of termination of an easement
or permit for noncompliance, non-use, or abandonment, a written notice of
termination will be furnished to the permittee.
(9) To restore the land to its original condition to the entire satisfaction of the Service,
so far as it is reasonably possible to do so upon revocation and termination of the
right-of-way, unless this requirement is waived in writing.
(10) In the event Indian River County decides to abandon this project, it will notify U. S.
Fish and Wildlife Service, in writing of its intent to abandon the easements and any
and all facilities thereupon, and the U. S. Fish and Wildlife Service shall have the
right to terminate the easements and have the option to take possession of the then
existing or remaining facilities, unless this option is waived in writing by the Service.
(11) To keep the project leader informed at all times of his/her address, and, in case of
corporations, of the address of its principal place of business and the names and
addresses of its principal officers.
(12) That in the construction, operation, and maintenance of the project, he/she shall not
discriminate against any employee or applicant for employment because of race,
creed, color, or national origin and shall require an identical provision to be included
in all subcontracts.
(13) That the allowance of the right-of-way shall be subject to the express condition that
the exercise thereof will not unduly interfere with the management, administration,
or disposal by the United States of land affected thereby, and that the applicant agrees
and consents to the occupancy and use by the United States, its grantees, permittees,
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or lessees of any part of the right-of-way not actually occupied or required by the
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applicant for the purpose of the granted rights or the full and safe utilization thereof.
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(14) That the right-of-way herein granted shall be subject to the express covenant that any
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facility constructed thereon will be modified or adapted if such is found by the
Regional Director, Fish and Wildlife Service, to be necessary, ry, without liability or
expense to the United States, so that such facility will not conflict with the use and
occupancy of the land for any authorized works which may hereafter be constructed
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thereon under the authority of the United States.
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(15) That the rights-of-way herein granted shall be for the specific use described and may
not be construed to include the further right to authorize any other use within the
rights-of-way unless approved in writing by the Regional Director.
(16) The design of any buildings, facilities, roads or other improvements to be erected on
or about the easements shall first be approved by the U. S. Fish and Wildlife Division
of Engineering and the Project Leader. The U. S. Fish and Wildlife Division of
Engineering and the Project Leader reserve the right to make recommendations for
changes to the plan so that they comply with Service standards.
(17) During the term of the easements, any modifications to the buildings, facilities, roads
or other improvements in and about the easements shall require the prior written
approval from the U. S. Fish and Wildlife Service Division of Engineering and/or the
Project Leader.
(18) The use of any herbicides and pesticides on or about the easements or buildings,
facilities, roads or other improvements, constructed thereon, shall first be approved
by the Project Leader. This clause shall remain in full effect for the term of the
easements.
1N WITNESS WHEREOF, I have hereunto set my hand thisd-""Say of }'ik- 1911
THE UNITED STATES OF AMERICA
SEAL 2�Z
By
ACII11119 Regional Director
U.S. Fish and Wildlife Service
IN WITNESS WHEREOF, I, KENNETH R. MAeW'r have exeeuted this instrument in
behalf of the grantee hecein this y_ day o 199'?
XJIAESS:
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14�L 'KENNETH R. MAC 1 T CHAIRMAN
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