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10/05/2021 (3)
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10/05/2021 (3)
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5/31/2022 2:30:46 PM
Creation date
5/31/2022 2:11:26 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/05/2021
Meeting Body
Board of County Commissioners
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Bx: 2229 PC: 687 <br />such other facilities, the original site of these facilities shall be returned to pasture or <br />native vegetation by Grantor at Grantor's sole cost and expense. Grantor may <br />construct new fences and facilities related to the grazing of livestock in the improved <br />pasture identified in the Baseline Documentation. Grantor may construct a siloh with a <br />maximum height of 35 (thirty-five) feet on the Property provided it is located in the <br />improved pasture identified in the Baseline Documentation and its location is approved <br />by Grantee, such approval may not be unreasonably withheld. Grantor may enlarge <br />existing buildings, barns, dog pens and outbuildings up to one hundred twenty (120) <br />percent of the footprint as of the date of this Conservation Easement. <br />F. The right to exclusive use of the improvements depicted in the Baseline <br />Documentation. <br />G. The right to continue existing agricultural practices as depicted in the <br />Baseline Documentation. It is understood that grazing has occurred throughout the <br />Property and the grazing of cattle, sheep, horses, and other livestock is a reserved right <br />of the Grantor; haying has occurred In the areas identified as Improved pasture in the <br />Baseline Documentation, sod farming has occurred on a limited area of the improved <br />pasture as identified in the Baseline Documentation; and the planting of trees for <br />silviculture purposes has occurred in the improved pasture. Grantor may use commonly <br />accepted fertilizers, pesticides and herbicides only in the improved pasture areas, so <br />long as Grantor uses the foregoing in accordance with agricultural best management <br />practices as may be adopted from time to time by the Florida Department of Agriculture <br />and Consumer Services ("FDACS") or its successor. The planting of trees in the <br />improved pasture for silviculture purposes is reserved by Grantor. Grantor may not cut <br />down trees in the improved pasture unless such trees were specifically planted for <br />silviculture purposes. <br />H.1, The right to construct two new residences in the area identified as improved <br />pasture in the Baseline Documentation, at least one of which shall be located north of <br />Padgett Creek, and the right to subdivide these two residential parcels into two new tax <br />parcels of twenty (20) acres each subject to approval by Indian River County in <br />accordance with all then applicable subdivision requirements for parcels of twenty (20) <br />acres. Each residence shall be subject to all then applicable development, building, and <br />zoning requirements and restrictions of Indian River County. in such event, Grantor <br />shall prepare and provide to the Grantee a revised legal description of the Property and <br />legal descriptions for the new tax parcels (Revised Exhibit "A") and the revised exhibit <br />shall be recorded as an allowed amendment to this Conservation Easement, <br />H.2. Each parcel created and each residence shall be subject to all then <br />applicabie development, building, and zoning requirements and restrictions. Uses <br />related and accessory to any residence may be established, provided such uses comply <br />with all then applicable development, building, and zoning requirements and restrictions_ <br />Upon the Grantor notifying the Grantee of the decision to build a residence, Grantee <br />shall release two (2) acres of the applicable residential parcel from this Conservation <br />Easement encumbrance without addi#onal charges or compensation. The remaining 18 <br />9 <br />65 245 <br />
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