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2008-218
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2008-218
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Last modified
2/6/2026 12:47:46 PM
Creation date
10/1/2015 12:24:00 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Easement
Approved Date
07/01/2008
Control Number
2008-218
Agenda Item Number
15.A.3
Entity Name
St. John's Water Management District
Subject
Conservation Easement Fire Station #9
Area
Fire Station #9
Supplemental fields
SmeadsoftID
7481
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BK: 2277 PG: 1102 <br />(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 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 />2 <br />
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