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2009-035B
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2009-035B
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Last modified
3/2/2016 12:08:07 PM
Creation date
10/1/2015 3:15:10 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Easement
Approved Date
02/10/2009
Control Number
2009-035B
Agenda Item Number
8.C.
Entity Name
Windsor Conservation Easement
Subject
County Deed Environmental Affadavit Closing Property Exchange Windsor
Golden Sands Park Environmental Affadavit
Area
Golden Sands Park
Supplemental fields
SmeadsoftID
10449
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properties may , in the future , be put entirely to uses that are not allowed by this Easement has been <br /> considered by <br /> Grantor in granting this Easement and by Grantee in accepting it . <br /> To achieve these purposes , and in consideration of $ 10 . 00 and other good and valuable consideration <br />, <br /> including but not limited to the above and the mutual covenants , terms , conditions , and restrictions contained herein , <br /> the receipt and sufficiency of which is acknowledged , and pursuant to the laws of Florida, and in particular § 704 . 06 <br />, <br /> Florida Statutes , but without intending the validity of this Easement to be dependent on the continuing existence <br />of <br /> such laws , Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the <br /> Property of the nature and character and to the extent hereinafter set forth ( "Easement " ) . <br /> ARTICLE I . DURATION OF EASEMENT <br /> This Conservation Easement shall be perpetual . It is an easement in gross , runs with the land <br />, and is <br /> enforceable by Grantee against Grantor , Grantor' s personal representatives , heirs , successors and assigns , lessees <br />, <br /> agents , and licensees . <br /> ARTICLE II . PURPOSE OF EASEMENT <br /> It is the purpose of this Easement to assure that the Property will be retained forever in its natural , scenic <br /> condition to provide a relatively natural habitat for fish , wildlife , plants or similar ecosystems , and to preserve <br /> the <br /> Property through management guided by the following principles : <br /> • Protection of the recreational resource currently existing on the Property ; <br /> • Maintenance and enhancement of wildlife and game habitat ; <br /> • Protection of unique and fragile natural areas and rare species habitats ; <br /> • Maintenance of soil productivity and control of soil erosion ; <br /> • Protection of water quality . <br /> The above purposes are hereinafter sometimes referred to as " the Conservation Purposes" . Grantor intends that this <br /> Easement will confine the use of the Property to such activities as are consistent with the purpose of this Easement . <br /> ARTICLE II1 . RIGHTS GRANTED TO THE GRANTEE <br /> To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this Easement : <br /> A . The right to enforce protection of the conservation values of the Property ; <br /> B . All future residential , commercial , industrial and incidental development rights that are now <br /> or <br /> hereafter allocated to , implied, reserved , or inherent in the Property except as may be specifically <br /> reserved to <br /> Grantor in this Easement . The parties agree that such rights are hereby terminated and extinguished and may not <br /> be <br /> used on or transferred to other property . Neither the Property nor any portion thereof may be included as part of <br />the <br /> gross area of other property not subject to this Easement for the purposes of determining density , lot coverage, <br /> or <br /> open space requirements , under otherwise applicable laws , regulations or ordinances controlling land use <br /> and <br /> building density. No development rights that have been encumbered or extinguished by this Easement shall <br />be <br /> transferred to any other lands pursuant to a transferable development rights scheme or cluster <br /> development <br /> arrangement or otherwise . Nor shall any development rights or density credits be transferred onto the Property from <br /> other property . <br /> C . The right to enter upon the Property at reasonable times in order to monitor compliance with <br /> and <br /> otherwise enforce the terms of this Easement; provided that such entry shall be upon prior reasonable notice <br /> to <br /> Grantor, and Grantee shall not unreasonably interfere with Grantor ' s use and quiet enjoyment of the Property . <br /> D . The right to prevent any activity on or use of the Property that is inconsistent with the <br /> purpose or <br /> BLA - 104 , Revised 01 /26/06 <br /> 2 <br />
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