2018-153 - Laserfiche WebLink

Home Browse Search

requirements set forth in section 926.08 of the Indian River County Code of Ordinances. Grantor shall remove from the Vegetative Buffer Area and maintain the Vegetative Buffer Area free of all invasive, exotic plant species as set forth in and in a manner consistent with the requirements set forth in Chapter 926 of the Indian River County Code of Ordinances. The purpose of the Vegetative Buffer Easement is to assure that the Vegetative Buffer Area will be retained forever as a vegetative buffer along the northern boundary of the Florida Tech Property adjacent to the County Property. The Vegetative Buffer Easement granted hereunder is a negative easement, and nothing herein shall give Grantee any right to use, possess or enter upon the Vegetative Buffer Area or any portion thereof. This instrument does not grant, and shall not be construed to grant, any rights of any kind or nature whatsoever to the general public. 2. Prohibited Uses. Any activity on or use of the Vegetative Buffer Area inconsistent with the purpose of this Vegetative Buffer Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, except as authorized by the prior written consent of the Grantee: (a) Construction or placing buildings or other structures on or above the ground; (b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials; (c) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in such a manner as to adversely affect the use of the Vegetative Buffer Area as a vegetative buffer; and (d) Surface use, except for purposes that permit the land area to remain predominantly in a vegetative condition. 3. Reserved Rights. Grantor reserves unto itself, and its successors and assigns, all rights accruing from its ownership of the Vegetative Buffer Area, including the right to engage in or permit or invite others to engage in all uses of the Vegetative Buffer Area that are expressly provided herein and are not inconsistent with the purpose of this Vegetative Buffer Easement. Without limiting the generality of the foregoing, Grantor expressly retains to itself, the right to engage in the following: (a) The installation, maintenance repair and replacement of landscaping and vegetation in the Vegetative Buffer Area. The term "maintenance" for purposes of this subsection includes without limitation (i) the removal of dead vegetation; (ii) pruning or removal of hazardous or undesired trees and plants; (iii) the application of permeable materials necessary to correct or impede erosion (e.g., sand, gravel, crushed stone, etc.); and (iv) the application of fertilizers, pest control substances and related material commonly used in gardens and other vegetative areas; (b) The installation, maintenance repair and replacement of irrigation and other improvements related to the care and maintenance of the Vegetative Buffer Area. -2- 02172781. v 1