1999-186 - Laserfiche WebLink

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eO • 07,07%99 WED 10:95 FAX 561 231 9729 O'HAIRE. QUINN, CANDLER 10005 the fee simple property in a safe condition. Notwithstanding any provision to the contrary herein contained, the above-natcd comervatiuu easement shall not preclude the Indian River Mosquito Control District from obtaining access to the property for the purpose of mosquito inspection, trearment and management. This easement shall be perpetual and shall run with the land and be binding upon all subsequent owners of the servicut estate. This easement shall not be transferred to another organization unless the. transferee organization is also an eligible organization under Treasury Ree. 1.170A -14(c)(1) o: similar provision of Federal law, and unless the donee organization, as a condition of the subsequent transfer, requires thattltc conservation purposes which this contribution was originally intended to advance continue to be carried out. This easement may be eufotced by the Giautec by injuuctiun or proceeding in equity or at law. This easement shall be recorded and indexed in the same manner as any other instrument atfecttng the title to real property. In the event that changed conditions render impossible the continued use of the property that is the subject of this easement for the comervatirm pntpnse.e, thin easement may only be extinguished, in whole or in part, by judicial proceeding. In the event that all or a portion of this the property that is the subject of this easement is sold, exchanged, or involuntarily converted following an cxting.!ishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this easement. The parties stipulate that the fair market value of this easement shall be determined by multiplying the fair market value of the property that is the subject of this easement unencumbered by this easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the rime of this grant to the value of the property that is the subject of this easement (without deduction for the value of this easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a nrauuei cu:uisreut with the purpusub of this easement. lits easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this easement or the status of the Grantee under any applicable laws, including § 170(h) of the Internal Revenue Code, and is consistent with the conservation purposes of this grant. Grantor hereby covenants tha: it is lawfully seized of said acrvicnt land in fcc simple, and that it has good right and lawful authority to convey the easements hereby established, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor and Grantee have executed this easement on the date written above. By its execution and acceptance of this easement. Grantee accepts the conditions and rights of enforcement herein.