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2009-247
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2009-247
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Last modified
3/14/2016 1:31:19 PM
Creation date
10/1/2015 3:52:28 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Easement
Approved Date
09/22/2009
Control Number
2009-247
Agenda Item Number
8.D.
Entity Name
St. John's River Water Management District
Subject
Roseland Conservation Easement Fire Station No.9
Area
Roseland
Supplemental fields
SmeadsoftID
10812
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( c ) Removing , destroying or trimming trees , shrubs , or other vegetation except as <br /> authorized in a wildfire mitigation plan that has been approved in writing by the Grantee . No <br /> later than ten ( 10) days before commencing any activities to implement the approved <br /> wildfire mitigation plan , Grantor shall notify the Grantee in writing of its intent to commence <br /> such activities . All such activities may only be completed during the time period for which <br /> the Grantee approved the plan . <br /> ( d ) Excavating , dredging , or removing loam , peat , gravel , soil , rock or other material <br /> substances in such a manner as to affect the surface . <br /> ( e ) Surface use , except for purposes that permit the land or water area to remain <br /> predominantly in its natural condition . <br /> (f) Activities detrimental to drainage , flood control , water conservation , erosion control , soil <br /> conservation , or fish and wildlife habitat preservation . <br /> ( g ) Acts or uses detrimental to such retention of land or water areas . <br /> ( h ) Acts or uses detrimental to the preservation of the structural integrity or physical <br /> appearance of sites or properties of historical , architectural , archaeological , or cultural <br /> significance . <br /> 3 . Reserved Rights . Grantor reserves unto itself, and its successors and assigns , all rights <br /> accruing from its ownership of the Property , including the right to engage in , or permit <br /> or <br /> invite others to engage in , all uses of the Property that are not expressly prohibited herein <br /> and are not inconsistent with the purpose of this Conservation Easement , <br /> 4 . Rights of Grantee . To accomplish the purposes stated herein , Grantor conveys the <br /> following rights to Grantee : <br /> ( a ) To enter upon and inspect the Property in a reasonable manner and at reasonable times <br /> to determine if Grantor or its successors and assigns are complying with the covenants and <br /> prohibitions contained in this Conservation Easement . <br /> ( b ) To proceed at law or in equity to enforce the provisions of this Conservation Easement <br /> and the covenants set forth herein , to prevent the occurrence of any of the prohibited <br /> activities set forth herein , and require the restoration of areas or features of the Property <br /> that may be damaged by any activity inconsistent with this Conservation Easement . <br /> 5 . Grantee ' s Discretion . Grantee may enforce the terms of this Conservation Easement at <br /> its discretion , but if Grantor breaches any term of this Conservation Easement and Grantee <br /> does not exercise its rights under this Conservation Easement , Grantee' s forbearance shall <br /> not be construed to be a waiver by Grantee of such term , or of any subsequent breach of <br /> the same , or any other term of this Conservation Easement , or of any of the Grantee ' s rights <br /> under this Conservation Easement . No delay or omission by Grantee in the exercise of any <br /> right or remedy upon any breach by Grantor shall impair such right or remedy or be <br /> construed as a waiver . Grantee shall not be obligated to Grantor , or to any other person or <br /> entity , to enforce the provisions of this Conservation Easement . <br /> 6 . Grantee ' s Liability . Solely to the extent permitted by law and subject to the limitations of <br /> Section 768 . 28 , Florida Statutes , Grantor will assume liability for any injury or damage to <br /> the person or property of third parties which may occur on the Property arising from <br /> Grantor' s ownership of the Property . Neither Grantor, nor any person or entity claiming by <br /> or through Grantor , shall hold Grantee liable for any damage or injury to person or personal <br /> property which may occur on the Property . <br />
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