Laserfiche WebLink
BK: 2229 PG: 686 <br />ARTICLE V. GRANTOR'S RESERVED RIGHTS <br />Grantor reserves to Grantor, and to Grantor's personal representatives, heirs, <br />successors, and assigns, the following specified rights, which are deemed to be <br />consistent with the purpose of the Easement. The exercise of the Reserved Rights <br />shall be in full accordance with all applicable local, state and federal law, as amended <br />from time to time, as well as in accordance with the purposes of this Easement. <br />A. The right to observe, maintain, photograph, introduce and stock <br />native fish or native wildlife on the Property, to use the Property for non-commercial <br />hiking, camping, and horseback riding and similar activities consistent with the <br />Conservation Purposes of this Conservation Easement, so long as the same do not <br />constitute a danger to Grantee's employees, agents, officers, and invitees, and so long <br />as such activities do not violate any of the prohibitions applicable to the Property or <br />Grantee's rights, as stated above. Vitiout limiting the generality of the foregoing, <br />Grantor has the specific reserved nigh, to use the Property for native wildlife mitigation, <br />provided, however, that any and all native wildlife mitigation is accomplished solely in <br />accordance with all then -current best management practices of the Florida Fish and <br />Wildlife Conservation Commission, or other successor agency. Grantor reserves, and <br />shall continue to own, the hunting and fishing rights on, or related to, the Property and <br />Grantor may lease and sell privileges of such rights. <br />B. The right to conduct controlled or prescribed burning on the Property; <br />provided, however, that Grantor shall obtain and comply with a prescribed fire <br />authorization from the local and state regulatory agencies having jurisdiction over <br />controlled or prescribed burning. <br />C. The right to mortgage the Property; provided, however, that the mortgagee's <br />lien shall be inferior to and lower in priority than this Easement; and further provided that <br />Grantor shall obtain a written, recordable instrument from any such lender or <br />mortgagee, that acknowledges that the Property is encumbered by this Conservation <br />Easement and that any mortgage is subordinate to the Conservation Easement and any <br />mortgagee in possession shall be bound by this Conservation Easement as a successor <br />in interest to Grantor. <br />D. The right to contest tax appraisals, assessments, taxes and other charges on <br />the Property. <br />E. The right to continue to use, maintain, repair, reconstruct, or relocate existing <br />buildings, barns, dog pens, outbuildings, fences, roads, ponds, drainage ditches and <br />such other facilities on the Property as depicted In the Baseline Documentation subject <br />to all then applicable development, building, and zoning requirements and restrictions of <br />Indian River County; provided that the right to relocate is limited to areas identified as <br />improved pasture in the Baseline Documentation. In the event of the relocation of <br />buildings, barns, dog pens, outbuildings, fences, roads, ponds, drainage ditches and <br />8 <br />64 244 <br />