2007-073A/B (2) - Laserfiche WebLink

Home Browse Search

BK: 2182 PG: 110 WHEREAS, the Grantee is acquiring this Conservation Easement in accordance with the provisions of the Indian River County Environmental Lands Program guidelines and requirements to preserve agricultural operations in Indian River County; and WHEREAS, Grantor and Grantee agree that this Conservation Easement is intended to be a "conservation easement" within the meaning of Florida Statutes section 704.06 (2006). NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual conservation easement upon the Property described in Exhibit "A," which shall run with the land and be binding upon the Grantor, its successors and assigns. Purpose. This Conservation Easement has two purposes: (1) to terminate the development rights (except as reserved herein) to enable the Property to remain in agriculture and silviculture uses for the current and future production of food, fiber, and other related activities and to prevent any use of the Property that significantly impairs or interferes with the Property's long-term permitted use as defined in Paragraph 8 herein; and (2) to conserve and protect the long-term viability of the Property's wetlands and woodlands as designated in Exhibit "C" subject to the retained rights and permitted uses specified in this Conservation Easement (the foregoing purposes collectively hereinafter referenced as "Purpose"). 2. Definitions. a. As used in this Conservation Easement, the terms "Grantor" or "owner" include the original Grantor, its successors and assigns, all future owners of any legal or equitable interest in all or any portion of the Property, and any party entitled to the possession or use of all or any part thereof; and the term "Grantee" includes the original Grantee(s) and its successors and assigns. b. The term "Sound Agricultural Practices" shall be the same and be as defined and described in the current "Best Management Practices" publications of the Florida Department of Agriculture and Consumer Services, to the extent such publications exist and the outlined practices are applicable to the agricultural, ranching, and silviculture activities on the Property; and provided such Sound Agricultural Practices do not adversely affect the long-term viability of the wetlands and woodlands identified in Exhibit "C.", and are consistent with this Conservation Easement. To the extent that such publications do not exist and the outlined procedures are not applicable, the term "Sound Agricultural Practices" shall mean those practices necessary for on-farm production, preparation, and marketing of agricultural commodities, provided such practices are legal, necessary, and do not cause bodily harm or property damage off the Property, are consistent with this Conservation Easement, and do not adversely affect the long-term viability of the wetlands and woodlands identified in Exhibit "C." 2