2007-073A/B - Laserfiche WebLink

Home Browse Search

BK : 2182 PG : 139 each may be located on the Property . The Residences shall be located on the five ( 5 ) acre parcels described on Exhibits " E " and " E- 1 " and reflected on Exhibit " C " (each , a " Residence Parcel " and collectively herein referenced as the " Residence Parcels ") . i he parties acknowledge and agree that , with the prior written approval of Grantee , one or both of the Residence Parcels may be relocated on the Property. In such event, the Grantor shall prepare and provide to the Grantee a revised legal description of the relocated Residence Parcel (" Revised Exhibit " E" or Revised Exhibit " E- 1 " , as applicable) , and the Revised Exhibit E" or Revised Exhibit " E. 1 " , as applicable , shall be recorded as an allowed amendment to this Conservation Easement . The parties acknowledge and agree that the Residence Parcels may be submitted separately at any time to Indian River County for approval under this Conservation Easement , Each Residence Parcel is subject to approval by Indian River County in accordance with all then applicable subdivision requirements for parcels of five ( 5 ) acres . Each Residence shall be subject to all then applicable development , building , and zoning requirements and restrictions . Uses related and accessory to any Residence may be established , provided such uses comply with all then applicable development , building , and zoning requirements and restrictions . Upon the Grantor notifying the Grantee of the decision to build a Residence , Grantee shall release two (2) acres of the applicable Residence Parcel from this Conservation Easement encumbrance without additional charges or compensation . If required by the Indian River County Property Appraiser , Grantor shall provide a sketch and legal description of the applicable released two (2) acres . Thereafter, a Residence Parcel may be conveyed by Grantor, with two (2) acres released from the Conservation Easement (" Released Parcel ") and the remaining three (3 ) acres subject to this Conservation Easement (" Encumbered Parcel ") . The parties acknowledge and agree that there will be two ( 2 ) Released Parcels and two (2 ) Encumbered Parcels hereunder. The parties intend that a Released Parcel could be used for the home site with appurtenant structures within the entire applicable Residence Parcel . A pond can be dug within the area of mi Encumbered Parcel if allowed by applicable Indian River County Codes in effect at the time application is made . No other single family residences may be located on the Property other than the Residences identified in Exhibit " C " . 9 . Allowed Transfers . (a) . As of November 14 , 2006 , the Property consists of two (2 ) tax parcels bearing the following ID numbers : 32 -38-26-00000- 1000-00001 . 0 and 32-38- 36-00000 3000- 00002 . 0 . The parties acknowledge and agree that tax parcel #32-38 -36-00000- 3000 00002 . 0 East of 82n6 Avenue shall be treated as one of four separate tax parcels . The parties acknowledge and agree that the tax parcel west of 82nd Avenue j32-38-26 -00000 1000-00001 . 01 may be divided into three ( 3) parcels as physically divided by existing Sebastian River Water Control District east-west canal rights of ways as follows : ( 1 ) the north parcel containing approximately 80 acres , (2 ) the middle parcel containing approximately 160 acres , and (3 ) the southern parcel containing the balance , all subject to the Survey as such term is defined in the Option Agreement for Purchase and Sale of Conservation Easements between the parties dated December 7 , 2006 (such parcels for purposes of this Conservation Easement sometimes herein collectively referenced as 7