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o q <br /> a � nq - a47 <br /> 2020255 <br /> THIS DOCUMENT HAS :3 = EN <br /> RECORDED IN THE Pl `3 - IC RE :; C) FDS <br /> OF IVDIAN RIVER COL N tY FL <br /> Prepared by : BK 2370 PG 1641 , Pal.i :? ' of 7 <br /> 0c2 ,)- 2009 at 12 08 PM , t7OC S - Ark 3 D <br /> County Attorney ' s Office <br /> 1801 27a' Street <br /> Vero Beach, FL 32960 jEFI RE Y K BARTON , CL cRK C) (t ; URT <br /> 772- 226- 1405 <br /> CONSERVATION EASEMENT <br /> This CONSERVATION EASEMENT is made this 22 day of Spnttemh2009 , by INDIAN RIVER <br /> COUNTY EMERGENCY SERVICES DISTRICT , a dependent special district of Indian River County , <br /> Florida, having an address of 1801 27 `a Street, Vero Beach , FL 32960 ( " Grantor " ) , in favor of ST . JOHNS <br /> RIVER WATER MANAGEMENT DISTRICT , a public body having a mailing address at 4049 Reid <br /> Street, Palatka , Florida 32177 -2529-( " Grantee " ) . <br /> WITNESSETH : <br /> WHEREAS , Grantor solely owns in fee simple certain real property in Indian River County, Florida , more <br /> particularly described in Exhibit " A " and Exhibit " B " attached hereto and incorporated by this reference as <br /> Fire Station #9 Conservation Easement ( the 'Property " ) ; and <br /> WHEREAS , Grantor grants this conservation easement as a condition of permit#40- 061 - 115029 - 1 issued <br /> by Grantee , to off- set adverse direct and secondary impacts to natural resources , fish and wildlife , and <br /> wetland functions ; and <br /> WHEREAS , Grantor desires to preserve the Property in its natural condition in perpetuity ; <br /> NOW THEREFORE , in consideration of the above and the mutual covenants , terms , conditions and <br /> restrictions contained herein , Grantor hereby voluntarily grants and conveys to Grantee a conservation <br /> easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth <br /> (the " Conservation Easement " ) . Grantor fully warrants title to said Property , and will warrant and defend <br /> the same against the lawful claims of all persons whomsoever . <br /> 1 . Purpose . The purpose of this Conservation Easement is to assure that the Property will be retained <br /> forever in its existing natural condition and to prevent any use of the Property that will impair or interfere <br /> with the environmental value of the Property . <br /> 2 . Prohibited Uses . Any activity on or use of the Property inconsistent with the purpose of this <br /> Conservation Easement is prohibited . Without limiting the generality of the foregoing , the following <br /> activities and uses are expressly prohibited : <br /> ( a) Construction or placing buildings , roads , signs , billboards or other advertising , utilities or other <br /> structures on or above the ground . <br /> ( b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash , waste <br /> or unsightly or offensive materials . <br /> ( c) Removing , destroying or trimming trees , shrubs , or other vegetation except as authorized in a wildfire <br /> mitigation plan that has been approved in writing by the Grantee . No later than ten ( 10) days before <br /> commencing any activities to implement the approved wildfire mitigation plan , Grantor shall notify the <br /> Grantee in writing of its intent to commence such activities . All such activities may only be completed <br /> during the time period for which the Grantee approved the plan . <br /> ( d) Excavating , dredging or removing loam, peat, gravel , soil , rock or other material substances to such a <br /> manner as to affect the surface . <br /> (e) Surface use, except for purposes that permit the land or water area to remain predominantly in its <br /> natural condition . <br /> ( f) Activities detrimental to drainage ; flood control , water conservation , erosion control , soil conservation , <br /> or fish and wildlife habitat preservation . <br /> ( g'; Acts or uses detrimental to such retention of land or water areas . <br />