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(d) excavation, dredging or removal of loam, peat, gravel, soil, rock <br />or other material substance in such manner as to affect the surface. <br />(e) surface use except for purposes that permit the land or water <br />area to remain predominantly in its natural condition. <br />(f) activities detrimental to drainage, flood control, water <br />conservation, erosion control, soil conservation, or fish and wildlife habitat <br />preservation. <br />(g) acts or uses detrimental to the retention of land or water areas. <br />(h) acts or uses detrimental to the preservation of the structural <br />integrity or physical appearance of sites or properties of historical, archeological, <br />architectural, or cultural significance. <br />Notwithstanding any provision to the contrary herein contained, Grantor <br />reserves the right for certain passive recreational uses not detrimental to the health <br />of the ecological system. <br />Notwithstanding any provision to the contrary herein contained, the above - <br />stated conservation easement shall not transfer to Grantee any of the normal <br />duties and obligations of the Grantor to maintain the fee simple property in a safe <br />condition. <br />Notwithstanding any provision to the contrary herein contained, the above - <br />stated conservation easement shall not preclude the Indian River Mosquito <br />Control District from obtaining access to the property for the purpose of mosquito <br />inspection, treatment, and management. <br />This easement shall be perpetual and shall run with the land and be binding <br />upon all subsequent owners of the servient estate. This easement shall be <br />assignable to other governmental bodies or agencies, charitable organizations, <br />or trusts authorized to acquire such easements. This easement may be enforced <br />by the Grantee by injunction or proceeding in equity or at law. <br />This easement may be released by the Grantee to the owners of the <br />servient estate. This easement shall be recorded and indexed in the same <br />manner as any other instrument affecting the title to real property. <br />Grantor hereby covenants that it is lawfully seized of said servient land in <br />fee simple, and that it has good right and lawful authority to convey the <br />easements hereby established, and will defend the same against the lawful claims <br />of all persons whomsoever. <br />IN WITNESS WHEREOF, the Grantor has caused these presents to be <br />executed this day of 12015. <br />2 <br />190 <br />