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2019-166D
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2019-166D
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Last modified
12/11/2019 9:54:58 AM
Creation date
12/11/2019 9:51:23 AM
Metadata
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Template:
Official Documents
Official Document Type
Easement
Approved Date
10/08/2019
Control Number
2019-166D
Agenda Item Number
8.C.
Entity Name
Windsor Properties
Subject
Recorded Conservation Easements
Area
Lots 1,2, & 5, Block 28, Plat 9
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run with the land and be binding upon the owner, its heirs, successors and <br />assigns, and remain in full force and effect, enforceable by the County either by <br />Code Enforcement Board, injunction or proceeding in equity or at law, said <br />easement specifically prohibiting any of the following activities: <br />(a) constructing or placing of buildings, roads, signs (except for <br />approved preserve area boundary signs), billboards or other advertising, utilities, <br />or other structures on or above the ground. <br />(b) dumping or placing of soil or other substance or material as <br />landfill or dumping or placing of trash, waste, or unsightly or offensive materials. <br />(c) removal or destruction of trees, shrubs, or other vegetation <br />except for exotic or nuisance species as approved in advance by the County. <br />(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, <br />Windsor reserves the right for certain passive recreational uses not detrimental <br />to the health of the ecological system. <br />Notwithstanding any provision to the contrary herein contained, the <br />above -stated conservation easement shall not transfer to County any of the <br />normal duties and obligations of the Windsor to maintain the fee simple property <br />in a safe condition. With prior permission of County, Windsor may remove dead <br />trees or palms that pose a falling risk to surrounding properties; remove excess <br />palm fronds, leaves, pine needles or tree branches to reduce the risk of wildfires. <br />Notwithstanding any provision to the contrary herein contained, the <br />above -stated conservation easement shall not preclude the Indian River <br />Mosquito Control District from obtaining access to the property for the purpose of <br />mosquito inspection, treatment, and management. <br />2 <br />
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