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2006-387
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2006-387
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Entry Properties
Last modified
9/1/2016 2:59:01 PM
Creation date
10/1/2015 12:52:56 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/07/2006
Control Number
2006-387
Agenda Item Number
12.A.
Entity Name
Windsor Properties
Subject
See meetings 2/10/09; 4/14/09 - closing papers
Supplemental fields
SmeadsoftID
7760
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F. The fact that any use of the Property that is expressly prohibited by the terms of this Easement may <br /> become greatly more economically valuable than uses allowed by the terms of this Easement, or that neighboring <br /> properties may, in the future, be put entirely to uses that are not allowed by this Easement has been 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 /> 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 /> Florida Statutes, but without intending the validity of this Easement to be dependent on the continuing existence 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, and is <br /> enforceable by Grantee against Grantor, Grantor' s personal representatives, heirs, successors and assigns, lessees, <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 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 III. 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 or <br /> hereafter allocated to, implied, reserved, or inherent in the Property except as may be specifically reserved to <br /> Grantor in this Easement. The parties agree that such rights are hereby terminated and extinguished and may not be <br /> used on or transferred to other property. Neither the Property nor any portion thereof may be included as part of the <br /> gross area of other property not subject to this Easement for the purposes of determining density, lot coverage, or <br /> open space requirements, under otherwise applicable laws, regulations or ordinances controlling land use and <br /> building density. No development rights that have been encumbered or extinguished by this Easement shall be <br /> transferred to any other lands pursuant to a transferable development rights scheme or cluster 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 and <br /> otherwise enforce the terms of this Easement; provided that such entry shall be upon prior reasonable notice to <br /> 22 <br /> BLA- 104 , Revised 01 /26/06 <br />
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