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RMUM TO: <br />f> COUNTY ATT0Ri-1i:Y" <br />1840 25'.!, ,; ET fNrrIERECORDS OF: <br />JEFFREY K SARTON <br />VERO CLERK CIRCURCOURT <br />INDIMt RNWA CO., PLA. <br />CONSERVATION EASEMENT <br />THIS GRANT OF CONSERVATION EASEMENT, made and executed this day of March, <br />1998, byATLANTIC COAST ENTERPRISES, INC., a Florida corporation, whose mailing address is P.O. Box <br />C� <br />780213, Sebastian, Florida 32978, hereinafter called Grantor, to INDIAN RIVER COUNTY, a political <br />%D <br />subdivision of the State of Florida, whose mailing address Is 1840 25th Street, Vero Beach, Florida 32960, <br />W <br />hereinafter called Grantee, <br />.... <br />WITNESSETH: <br />N <br />WHEREAS, Grantor is the fee simple owner of certain real property situated in Indian River County, <br />Florida, which Is currently undergoing development; and <br />WHEREAS, Grantor finds that it Is appropriate to retain certain land or water areas on Grantor's <br />property In their natural, sconk, open. or wooded condition; retaining such areas as suitable for habitat for fish, <br />plants, or wildlife; retaining the structural integrity or physical appearance of:sites or properties of historical, <br />architectural, archeological, or cultural significance; and <br />WHEREAS, the establishment of a conservation easement is required by Indian River County <br />m <br />Comprehensive Plan Conservation Element, Policy 5.1(h) to overlay all preserved, created. or enhanced <br />wetlands or deep water habitats (and upland buffers, as applicable) associated with development site <br />v <br />mitigation; and <br />ro <br />0 <br />WHEREAS, it may be appropriate pursuant to Indian River County Comprehensive Plan Conservation <br />-� <br />Element, Policy 6.12 to preserve certain native plant communities in viable condition with intact canopy, <br />understory. and ground cover: <br />w <br />NOW, THEREFORE, Grantor, for Ten and No/100 Dollars ($10.00) and other good and valuable <br />N <br />ca <br />consideration In hand paid, by Grantee, by these presents does grant a conservation easement upon and <br />across that real property described in Exhibit'A to Grantee which conservation easement shall run with the <br />land and be binding upon the owner, its heirs, successors and assigns, and remain in full force and offect. <br />enforceable by the Grantee either by injunction or proceeding in equity or at law, said easement specifically <br />prohibiting any of the following activities: <br />1, constructing or placing of buildings, roads, signs, billboards or other advertising, utilities. or <br />other structures on or above the ground; <br />2. dumping or placing of soil or other substance or material as landfill or dumping or placing of <br />trash, waste, or unsightly or offensive materials; <br />3. removal or destruction of trees, shrubs, or other vegetation; <br />4. excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substance <br />0 <br />in such manner as to affect the surface; <br />S. surface use except for purposes that permit the land or water area to remain predominantly <br />in its natural condition; <br />c� <br />6. activities detrimental to drainage, flood control, water conservation, erosion. control, soil <br />N <br />conservation, or fish and vdldPde habitat presorvation; <br />v <br />7. acts or uses detrimental to the retention of land or water areas; and <br />8. acts or uses detrimental to the preservation of the structural integrity or physical appearance <br />of sites or properties of Historical, archeological, architectural, or cultural significance. <br />DOCUMENTARY STAMPS <br />DEED S.719 <br />NOTE $ <br />J1 I RFv K. RAQT^N, N ERK <br />If,AA!, Hi'Ah l:Utltif y <br />