2007-073A/B - Laserfiche WebLink

Home Browse Search

BK : 2182 PG : 145 18 . Transfer of Property . Except for the Released Parcels set forth in Paragraph 8 (e ) , any subsequent conveyance , including , without limitation , transfer , lease or mortgage of Parcels of the Property , shall be subject to this Conservation Easement , and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows : "This {conveyance , lease , mortgage , easement , etc . } is subject to a Conservation Easement which runs with the land and which was granted to Indian River County by instrument dated s -Zoog , and recorded in the office of the Clerk of Indian River County at Official Record Book 2182 Page 133 Grantor shall notify Grantee in writing at least thirty (30 ) days before conveying the Property , or any part thereof or interest therein , to any third party . The failure to notify Grantee or to include said language in any deed or instrument shall not , however, affect the validity or applicability of this Conservation Easement to the Property or limit its enforceability in any way . Failure to include in any deed or other interest affecting conveyance the language required by this paragraph shall give grantee all rights and remedies at law or equity , including the right to void the transfer. 19 . Grantee ' s Right to Purchase . Pursuant to Indian River County ' s Land Acquisition Manual dated September 2004 , the Grantor and Grantee acknowledge that Grantee shall have the right to purchase Grantor' s interest in the Property where Grantor has failed to maintain sixty percent (60%) or more of its acreage in agriculture as set forth in this Conservation Easement for any continuous five ( 5 ) year period of time . Grantor and Grantee acknowledge that there may be multiple Grantors and that the right to purchase applies only to the interest of the Grantor failing to maintain 60 percent (60 % ) or more of its acreage in agriculture as set forth in this Conservation Easement for any continuous five (5) year period . In such event , and in addition to its remedies under Paragraph 16 , Grantee may , but shall not be obligated to , purchase Grantor' s fee simple interest in the Property , as encumbered by the Conservation Easement , at the appraised value of the encumbered fee , determined in accordance with Florida Statutes section 125 . 355 . In the event Grantee acquires the fee interest in the Property , this Conservation Easement shall not merge into the fee simple estate , and Indian River County as Grantee covenants to take all necessary steps to assure that the estates do not merge . 20 . Rift of Notice of Intent to Sell . The terms of this right are such that , subject to paragraph 2 ( a ) , if Grantor intends to sell the Property , or any interest therein or portion thereof, Grantor shall timely delivc r to Grantee written notice of such intent , and shall , in good faith , afford Granted an opportunity to negotiate the acquisition of the Tax Parcel , or such portion thereof or interest therein that Grantor intends to sell . Notwithstanding the foregoing , Grantor � nd Grantee acknowledge and agree that Residence Parcels are specifically excepted fror11 all of the provisions of this paragraph . If Grantee desires to negotiate the acquisition of the Tax Parcel , or such portion thereof or interest therein , Grantee shall so notify Grantor in writing within 30 days after receipt of Grantor' s notice of intent . If GrLintor 13