|
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 />
|