Subject:
Title
Approval, Re: Brevard County Board of County Commissioners Written Consent to Easement in Connection with Florida Power & Light for the Use of State-Owned Uplands for a Light Pole Guy Wire Extending Into the Florida East Central Regional Rail Trail (District 1)
End
Fiscal Impact:
None
Dept/Office:
Parks and Recreation
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approve and authorize the Chair to execute the attached Brevard County Board of County Commissioners Written Consent to Easement
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Summary Explanation and Background:
The subject property is located in Section 20, Township 21 South, Range 35 East on the north side of Jay Jay Road in Titusville, FL. Florida Light & Power proposes to replace a light pole, but the guy wire will extend north into the Florida East Central Regional Rail Trail land, a trail over which Parks and Recreation is the custodian.
On April 25, 2008 the Board of Trustees of the Internal Improvement Trust Fund (TIIFT), Lessor, entered into Lease Agreement 4576 with the State of Florida, Department of Environmental Protection (FDEP), Lessee, over 663.62 acres. Paragraph 12 of the Lease states easements are expressly prohibited without the prior written approval of the Lessor. On September 2, 2008, Brevard County entered into a Sublease Agreement with FDEP over 196.6 acres of the East Coast Regional Rail Trail. Paragraph 32 of the Sublease states that easements are prohibited without the prior written approval of TIITF and FDEP. As managing agent over the lands, the County must provide a written consent to the easement prior to the State considering FPL's application. The Consent is contingent on the written approval of the easement by the TIIF and FDEP.
Parks and Recreation recommends approval of this request.
Clerk to the Board Instructions:
Upon execution, please send the Brevard County Board of County Commissioners Written Consent to Easement to the Parks and Rec...
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