10/05/2021 (3) - Laserfiche WebLink

Home Browse Search

BK: 2229 PG: 681 The above purposes are hereinafter sometimes referred to as 'the Conservation Purposes", Grantor intends that this Easement will confine the use of the Property to such activities as are consistent with the Conservation Purposes of this Easement and identified in Article V. ARTICLE III. RIGHTS GRANTED TO THE GRANTEE To accomplish the Conservatlon Purposes of this Easement the following rights are conveyed to Grantee by this Easement A. The right to enforce protection of the conservation values of the Property: B. All future residential, commercial, industrial and incidental development rights that are now or hereafter allocated to, Implied, reserved, or inherent in the Property except as may be specifically reserved to Grantor in this Easement. The parties agree that such rights are hereby terminated and extinguished and may not be used on or transferred to other property. Neither the Property nor any portion thereof may be included as part of the gross area of other property not subject to this Easement for the purposes of determining density, lot coverage, or open space requirements, under otherwise applicable laws, regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Easement shall be transferred to any other lands pursuant to a transferable development rights scheme or cluster development arrangement or otherwise, nor shall any development rights or density credits be transferred onto the Property from other property C. The right to enter upon the Property at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon prior 48 hours prior notice to Grantor, and Grantee shall not unreasonably interfere with Granto 's use and quiet enjoyment of the Property. To effectuate the foregoing right, and the Limited Access right granted in Article VII for the benefit of Grantee and the public, as set forth therein, the Grantor has recorded in Official Records Book 222;. Page d," . Public Records of Indian River County, Florida, . that certain 'First Amendment to Access Easement Agreement" to amend the "Access Easement Agreement' recorded in Indian River County in Official Records Book 1261, Page 1597 D. The right to prevent any activity on or use of the Property that is inconsistent with the Conservation Purposes or provisions of this Easement and to require the restoration of or to restore such areas or features of the Property that may be damaged by any inconsistent activity or use, at Grantor's cost. E. The right of ingress and egress to the Property. F. The right to have the ad valorem taxes, assessments and any other charges on the Property paid by Grantor. G. A right to notice of intent to sell. The terms of this right are such that if 3 59 239