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2007-320B
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2007-320B
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Last modified
6/24/2016 1:27:08 PM
Creation date
9/30/2015 11:19:38 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/18/2007
Control Number
2007-320B
Agenda Item Number
9.A.1
Entity Name
Padgett Creek LLC
Subject
Option Agreement purchase Conservation Easement
Supplemental fields
SmeadsoftID
6612
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to all then applicable development, building , and zoning requirements and restrictions of <br /> Indian River County; provided that the right to relocate is limited to areas identified as <br /> improved pasture in the Baseline Documentation . In the event of the relocation of <br /> buildings, barns , dog pens, outbuildings , fences, roads, ponds , drainage ditches and <br /> such other facilities, the original site of these facilities shall be returned to pasture or <br /> native vegetation by Grantor at Grantor's sole cost and expense . Grantor may <br /> construct new fences and facilities related to the grazing of livestock in the improved <br /> pasture identified in the Baseline Documentation . Grantor may construct a siloh on the <br /> Property provided it is located in the improved pasture identified in the Baseline <br /> Documentation and its location is approved by Grantee, such approval may not be <br /> unreasonably withheld . Grantor may enlarge existing buildings , barns , dog pens and <br /> outbuildings up to one hundred twenty ( 120) percent of the footprint as of the date of <br /> this Conservation Easement . <br /> F . The right to exclusive use of the improvements depicted in the Baseline <br /> Documentation . <br /> G . The right to continue existing agricultural practices as depicted in the <br /> Baseline Documentation . It is understood that grazing has occurred throughout the <br /> Property and the grazing of cattle , sheep, horses and other livestock is a reserved right <br /> of Grantor; haying has occurred in the areas identified as improved pasture in the <br /> Baseline Documentation , sod farming has occurred on a limited area of the improved <br /> pasture as identified in the Baseline Documentation ; and the planting of trees for <br /> silviculture purposes has occurred in the area identified as improved pasture in the <br /> Baseline Documentation . Grantor may use commonly accepted fertilizers, pesticides <br /> and herbicides only in the improved pasture areas , so long as Grantor uses the <br /> foregoing in accordance with agricultural best management practices as may be <br /> adopted from time to time by the Florida Department of Agriculture and Consumer <br /> Services ("FDACS") or its successor. The planting of trees in the improved pasture for <br /> silviculture purposes is reserved by Grantor. Grantor may not cut down trees in the <br /> improved pasture unless such trees were specifically planted for silviculture purposes . <br /> H . 1 . The right to construct two new residences in the area identified as improved <br /> pasture in the Baseline Documentation , at least one of which shall be located north of <br /> Padgett Creek , and the right to subdivide these two residential parcels into two new tax <br /> parcels of twenty (20) acres each subject to approval by Indian River County in <br /> accordance with all then applicable subdivision requirements for parcels of twenty (20) <br /> acres . Each residence shall be subject to all then applicable development, building, and <br /> zoning requirements and restrictions of Indian River County. In such event, Grantor <br /> shall prepare and provide to the Grantee a revised legal description of the Property and <br /> legal descriptions for the new tax parcels (Revised Exhibit "A") and the revised exhibit <br /> shall be recorded as an allowed amendment to this Conservation Easement. <br /> H .2. Each parcel created and each residence shall be subject to all then <br /> applicable development, building , and zoning requirements and restrictions . Uses <br /> related and accessory to any residence may be established , provided such uses comply <br /> 9 <br />
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