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1929358 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2272 PG : 1050 , 06 / 16 / 2008 12 : 41 PM 4-28-08 Prepared by and return recorded original to : Marian E . Fell , Senior Assistant County Attorney Indian River County Attorney's Office DEED OF CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made thist:3►rj" day of �`L/ Nj!�E 12008 by CITY OF FELLSMERE , a Florida municipal corporation having an address of 21 S . Cypress Street Fellsmere , Florida 32948-6714 (" Grantor" ) , in favor of INDIAN RIVER COUNTY, a political subdivision of the State of Florida , having an address of 1801 27�h Street , Vero Beach , FL 32960 (" Grantee" ) . WITNESSETH : WHEREAS , Grantor solely owns in fee simple certain real property located in Indian River County, Florida , more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property' ) and has the full authority and ability to convey this Conservation Easement to Grantee ; and WHEREAS , Grantor acquired the Property with partial funding from the Florida Communities Trust ( FCT) , and the Property is subject to certain limitations provided in the FCT Grant Contract Number 08-CT-C1 -07- F7- Al -030 dated January 29 , 2008 [FCT Project Number 07-030- FF7 , ( "Agreement, " ) ; and WHEREAS , as part and condition of the FCT funding , the Grantor provided , and FCT approved , a management plan ("Management Plan" ) for the Property; and WHEREAS , as an additional condition of the FCT funding , FCT requires that the Property be subject to the terms of a " Declaration of Restrictive Covenants" to be recorded immediately after the Warranty Deeds into the Grantor; and WHEREAS , the terms and conditions of the Agreement, the Management Plan, and the Declaration of Restrictive Covenants all constitute covenants running with the Property, and are hereinafter collectively referenced as the "FCT Requirements" ; and WHEREAS , Grantor grants this Conservation Easement over the Property to Grantee as a condition to receipt of environmental bonds proceeds from Indian River County as Grantee pursuant to Indian River County's Environmental Lands Program ; and WHEREAS , Grantor desires to preserve the Property in its natural condition in perpetuity and further intends that the conservation and recreation values of the Property be preserved and enhanced in accordance with the Management Plan , as it may be amended from time to time only after review and approval by FCT; and WHEREAS , Grantor and Grantee have agreed that its activities on the Property shall be consistent with the FCT Requirements and this Conservation Easement . NOW THEREFORE , in consideration of the above and the mutual covenants , terms , conditions and restrictions contained herein , and pursuant to the provisions of section 704 . 06 , Florida Statutes , Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth (the " Conservation Easement') . Grantor fully warrants title to said Property , and will warrant and defend the same against the lawful claims of all persons whomsoever. THIS INSTRUMENT IS EXEMPT FROM STATE DOCUMENTARY STAMP TAX PURSUANT TO SECTION 12b-4 . 014( 10) F .A. C . Form 133 1