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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 /> remedy , fine or penalty which may be applicable under Chapters 161 , 373 and 403 , Florida <br /> Statutes , or at law or in equity . <br /> 18 . Alteration or Revocation . This Second Revised Conservation Easement may be amended , <br /> altered , released or revoked only by permit modification as necessary and written <br /> agreement between the parties hereto or their heirs , assigns or successors - in- interest , <br /> which shall be filed in the Public Records in Indian River County . <br /> 19 . Severability . If any provision of this Second Revised Conservation Easement or the <br /> application thereof to any person or circumstances is found to be invalid , the remainder <br /> of the provisions of this Second Revised Conservation Easement shall not be affected <br /> thereby , as long as its purpose is preserved . <br /> 20 . Controlling. The interpretation and performance of this Second Revised Conservation <br /> Easement shall be governed by the laws of the State of Florida . <br /> 21 . Baseline Documentation Report . The specific conservation values of the property are <br /> documented in the Baseline Documentation Report associated with this Second Revised <br /> Conservation Easement . The Baseline Documentation Report , prepared by Bio - Tech <br /> Consulting , Inc . , and dated March 31 , 2011 , consists of reports , maps , photographs , and <br /> other documentation that the parties agree provide , collectively , an accurate representation <br /> of the property at the time of this grant, and which is intended to serve as an objective <br /> information baseline for monitoring compliance with the terms of this grant . The Baseline <br /> Documentation Report is maintained in the offices of the Florida Department of <br /> Environmental Protection and is incorporated by this reference . A copy of the Baseline <br /> Documentation Report is available from the Department on request . <br /> TO HAVE AND TO HOLD unto the DEPARTMENT and COUNTY forever . The <br /> covenants , terms , conditions , restrictions and purpose imposed with this Second Revised <br /> Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in <br /> perpetuity with the Property . <br /> Grantor hereby covenants with said DEPARTMENT and COUNTY that Grantor is <br /> lawfully seized of said Property in fee simple ; that the Property is free and clear of all <br /> encumbrances that are inconsistent with the terms of this Second Revised Conservation Easement <br /> and all mortgages have been joined or subordinated ; that Grantor has good right and lawful <br /> authority to convey this Second Revised Conservation Easement ; and that it hereby fully warrants <br /> and defends the title to the Conservation Area hereby conveyed against the lawful claims of all <br /> persons whomsoever . <br /> IN WITNESS WHEREOF , the undersigned have approved and executed this Second <br /> Revised Conservation Easement on this lU '�` day of klfct , 2011 . <br /> Page 6 of 9 <br />
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