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2011-117
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Last modified
2/9/2016 1:39:30 PM
Creation date
10/1/2015 2:38:13 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Easement
Approved Date
05/17/2011
Control Number
2011-117
Agenda Item Number
8.G.
Entity Name
Florida Department of Environmental Protection
North Shore Club LLC
Subject
Second Revised Conservation Easement
Area
State Road A-1-A
Supplemental fields
SmeadsoftID
9916
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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> g . Activities detrimental to drainage , flood control , water conservation, erosion <br /> control , soil conservation , or fish and wildlife habitat preservation , including , but <br /> not limited to , ditching, diking , dredging, and fencing ; <br /> h . Acts or uses detrimental to such aforementioned retention and maintenance of <br /> land or water areas ; and <br /> i . Acts or uses detrimental to the preservation of the structural integrity or physical <br /> appearance of the property having historical , archaeological or cultural <br /> significance . <br /> j . The use of All - Terrain Vehicles , other than those used for land management <br /> activities . <br /> 2 . Maintenance of Conservation Area . Grantor shall have the right to restore , enhance , and <br /> maintain the Conservation Area as provided by County ordinance , and in The North <br /> Shore Club Subdivision Declaration of Covenants , Conditions and Restrictions , and the <br /> Conservation Management Plan , as Recorded in the Official Records of Indian River <br /> County . The North. Shore Club Subdivision Declaration of Covenants , Conditions and <br /> Restrictions , and the Conservation Management Plan are incorporated by this reference . <br /> 3 . Reserved Rights . <br /> a . Grantor reserves unto itself, and its successors and assigns , all rights accruing <br /> from its ownership of the Property , including the right to engage in or permit or <br /> invite others to engage in all uses of the Property that are not expressly prohibited <br /> herein and are not inconsistent with the purpose of this Second Revised <br /> Conservation Easement . <br /> b . Notwithstanding anything to the contrary herein , Grantor shall be entitled to <br /> selectively remove plants and to perform such activities and plantings in the <br /> Conservation Area as are reasonably necessary to enhance or improve native <br /> species habitat as approved or required by local , state , or federal jurisdictional <br /> agencies . Native vegetation shall not be removed from the Conservation Area <br /> without prior written approval by Grantees . <br /> c . Notwithstanding anything to the contrary herein , Grantor reserves the right to <br /> petition Grantees for written authorization to traverse the Conservation Area with <br /> underground utilities . Provided such utilities are installed with minimal <br /> disturbance to the Conservation Area and further provided any such disturbance <br /> shall be remedied by Grantor by replanting of native vegetation species equal in <br /> density , type ( if practicable) , and ecological value , to that which existed prior to <br /> placement of the utilities , Grantees ' authorization shall not be unreasonably <br /> withheld . <br /> 4 . Rights of Grantees . To accomplish the purposes stated herein , Grantor conveys the <br /> following rights to Grantees : <br /> a . To enter upon and inspect the Property in a reasonable manner and at reasonable <br /> times , including the right to use vehicles and all necessary equipment , to <br /> determine if Grantor or its successors and assigns are complying with the <br /> covenants and prohibitions contained in this Second Revised Conservation <br /> Easement . <br /> Page 3 of 9 <br />
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