HomeMy WebLinkAbout2012-063 THIS DOt: UMENI HAS BEEN
PREPARED BY AND RECORDED IN THE PUBLIC RECORDS
TO BE RETURNED TO : OF INDIAN RIVER COLIN TY Ft
BK : 2571 PG : 249 , Parye 1 0l 6
04i2612012 al 03 : 6 .5 PM , D DOC - AX PD
George G . Collins , Jr. , Esq . ,
Collins , Brown , Caldwell , Barkett
& Garavaglia , Chartered JEFFREY K BARYON . CLERK OF
Post Office Box 3686 c: cJIJR I
Vero Beach , Florida 32964
First Amendment to Conservation Easement
( Conservation Easement II — West)
THIS FIRST AMENDMENT TO CONSERVATION EASEMENT entered into the
loth day of Axil 2012 , by Ralph W . Sexton , joined by his spouse Janet
Christine Sexton , individually and as Trustee of the Ralph W . Sexton Revocable Living
Trust dated 12 /24 /97 ( " Trustee " ) whose address is P . O . Box 2187 , Vero Beach , Florida ,
32961 or , for certified mail or " overnight " courier service , 695 SW U . S . Highway 1 , Vero
Beach , Florida 32960 ( hereinafter referred to as " Grantor" ) and Indian River County , a
political subdivision of the State of Florida , c/o Community Development Department ,
1801 27th Street , Vero Beach , Florida 32960 ( hereinafter referred to as " Grantee " ) .
WITNESSETH
WHEREAS , the Grantor and the Grantee entered into a Conservation Easement on
July 6 , 2007 , recorded in Official Records Book 2182 , Page 133 , Public Records of Indian
River County , Florida (the " Conservation Easement " ) ; and
WHEREAS , in Paragraph 21 of the Conservation Easement , the parties agreed
that the Conservation Easement could be amended ; and
WHEREAS , in Paragraph 8 (e ) of the Conservation Easement , the parties provided
for two single -family sites , each on five ( 5 ) acres ; and
WHEREAS , pursuant to Paragraph 8 ( e ) , the Grantor desires to relocate
Residential Parcel Number 1 ( " RP4' ) to another location within the Conservation
Easement and abandon the original site ; and
WHEREAS , the parties desire to amend Exhibit " E , " Residential Parcel Number 1 ,
and Exhibit " C " to reflect the new location for Residential Parcel Number 1 ; and
WHEREAS , the relocated Residential Parcel Number 1 , as described in Exhibit " E "
and reflected in Exhibit " C , " will contain six and twenty-six hundredths (6 . 26 ) acres rather
than five ( 5 ) acres in order to accommodate certain environmental concerns .
NOW , THEREFORE , in consideration of mutual promises and other monies in
hand paid , the Grantor and the Grantee agree to amend the Conservation Easement
above referred as follows :
1
� � �rOra �ts,
PREPARED BY AND �� �•� d � 3 1HIS DOCUMEN r HAS BEEN
RECORDED IN THE PUBLIC RECORDS
TO BE RETURNED TO : OF INDIAN RIVER COUNI Y Fl
BK : 2571 PG : 248 _ Page 1 of 6
George G . Collins , Jr. , Esq . 04!26/2012 at 03 : 66 PM , D DOCTAX PD
Collins , Brown , Caldwell , Barkett $ O . rO
& Garavaglia , Chartered JEFFREY K BAR I ON . CLERK OF
Post Office Box 3686 co( JR I
Vero Beach , Florida 32964
First Amendment to Conservation Easement
( Conservation Easement II — West)
THIS FIRST AMENDMENT TO CONSERVATION EASEMENT entered into the
loth day of April 2012 , by Ralph W . Sexton , joined by his spouse Janet
Christine Sexton , individually and as Trustee of the Ralph W . Sexton Revocauie Living
Trust dated 12 /24 /97 ( " Trustee " ) whose address is P . O . Box 2187 , Vero Beach , Florida ,
32961 or , for certified mail or " overnight " courier service , 695 SW U . S . Highway 1 , Vero
Beach , Florida 32960 ( hereinafter referred to as " Grantor") and Indian River County , a
political subdivision of the State of Florida , c/o Community Development Department ,
1801 27th Street , Vero Beach , Florida 32960 ( hereinafter referred to as " Grantee ") .
WITNESSETH
WHEREAS , the Grantor and the Grantee entered into a Conservation Easement on
July 6 , 2007 , recorded in Official Records Book 2182 , Page 133 , Public Records of Indian
River County , Florida (the " Conservation Easement" ) ; and
WHEREAS , in Paragraph 21 of the Conservation Easement , the parties agreed
that the Conservation Easement could be amended ; and
WHEREAS , in Paragraph 8 (e ) of the Conservation Easement , the parties provided
for two single-family sites , each on five (5 ) acres ; and
WHEREAS , pursuant to Paragraph 8 (e ) , the Grantor desires to relocate
Residential Parcel Number 1 ( " RP4' ) to another location within the Conservation
Easement and abandon the original site ; and
WHEREAS , the parties desire to amend Exhibit " E , " Residential Parcel Number 1 ,
and Exhibit " C " to reflect the new location for Residential Parcel Number 1 ; and
WHEREAS , the relocated Residential Parcel Number 1 , as described in Exhibit " E "
and reflected in Exhibit " C , " will contain six and twenty- six hundredths (6 . 26 ) acres rather
than five ( 5 ) acres in order to accommodate certain environmental concerns .
NOW , THEREFORE , in consideration of mutual promises and other monies in
hand paid , the Grantor and the Grantee agree to amend the Conservation Easement
above referred as follows :
1
1 . Paragraph 8 ( e ) of the Conservation Easement is amended in toto to read
as follows :
8 . Permitted Uses
(e ) . Single family residential . A total of two ( 2 ) single -family
residences (each , a " Residence " and collectively herein referenced as the
" Residences ") one on five (5 ) acres and the second on six and twenty- six
hundredths (6 . 26 acres may be located on the Property . The Residences
shall be located on a one five ( 5 ) acre parcel and on a one six and twenty-six
hundredths (6 . 26 ) acre parcel described on Exhibits " E " and " E4' and
reflected on Exhibit " C " ( each , a " Residence Parcel " and collectively herein
referenced as the " Residence Parcels " ) . The parties acknowledge and
agree that , with the prior written approval of Grantee , one or both of the
Residence Parcels may be relocated on the Property . In such event , the
Grantor shall prepare and provide to the Grantee a revised legal description
of the relocated Residence Parcel (" Revised Exhibit " E " or Revised Exhibit
" E - V , as applicable ) , and the Revised Exhibit E " or Revised Exhibit " E4 ' ,
as applicable , shall be recorded as an allowed amendment to this
Conservation Easement . The parties acknowledge and agree that the
Residence Parcels may be submitted separately at any time to Indian River
County for approval under this Conservation Easement . Each Residence
Parcel is subject to approval by Indian River County in accordance with all
then applicable subdivision requirements for parcels of five (5 ) acres . Each
Residence shall be subject to all then applicable development , building , and
zoning requirements and restrictions . Uses related and accessory to any
Residence may be established , provided such uses comply with all then
applicable development , building , and zoning requirements and restrictions .
Upon the Grantor notifying the Grantee of the decision to build a
Residence , Grantee shall release two ( 2 ) acres of the applicable Residence
Parcel from this Conservation Easement encumbrance without additional
charges or compensation . If required by the Indian River County Property
Appraiser, Grantor shall provide a sketch and legal description of the
applicable released two ( 2 ) acres . Thereafter , a Residence Parcel may be
conveyed by Grantor, with two (2 ) acres released from the Conservation
Easement ( " Released Parcel ") and the remaining three ( 3 ) acres or more ,
subject to the Conservation Easement (" Encumbered Parcel ") . The parties
acknowledge and agree that there will be two ( 2 ) Released Parcels and two
( 2 ) Encumbered Parcels hereunder. The parties intend that a Released
Parcel could be used for the home site with appurtenant structures within
the entire applicable Residence Parcel . A pond can be dug within the area
of an Encumbered Parcel if allowed by applicable Indian River County
Codes in effect at the time application is made . No other single family
residences may be located on the Property other than the Residences
2
1 . Paragraph 8 ( e ) of the Conservation Easement is amended in toto to read
as follows :
8 . Permitted Uses
(e ) . Single family residential . A total of two ( 2 ) single -family
residences (each , a " Residence " and collectively herein referenced as the
" Residences ") one on five (5 ) acres and the second on six and twenty- six
hundredths (6 . 26 acres may be located on the Property . The Residences
shall be located on a one five ( 5 ) acre parcel and on a one six and twenty-six
hundredths (6 . 26 ) acre parcel described on Exhibits " E " and " E4' and
reflected on Exhibit " C " ( each , a " Residence Parcel " and collectively herein
referenced as the " Residence Parcels " ) . The parties acknowledge and
agree that , with the prior written approval of Grantee , one or both of the
Residence Parcels may be relocated on the Property . In such event , the
Grantor shall prepare and provide to the Grantee a revised legal description
of the relocated Residence Parcel (" Revised Exhibit " E " or Revised Exhibit
" E - V , as applicable ) , and the Revised Exhibit E " or Revised Exhibit " E4 ' ,
as applicable , shall be recorded as an allowed amendment to this
Conservation Easement . The parties acknowledge and agree that the
Residence Parcels may be submitted separately at any time to Indian River
County for approval under this Conservation Easement . Each Residence
Parcel is subject to approval by Indian River County in accordance with all
then applicable subdivision requirements for parcels of five (5 ) acres . Each
Residence shall be subject to all then applicable development , building , and
zoning requirements and restrictions . Uses related and accessory to any
Residence may be established , provided such uses comply with all then
applicable development , building , and zoning requirements and restrictions .
Upon the Grantor notifying the Grantee of the decision to build a
Residence , Grantee shall release two ( 2 ) acres of the applicable Residence
Parcel from this Conservation Easement encumbrance without additional
charges or compensation . If required by the Indian River County Property
Appraiser, Grantor shall provide a sketch and legal description of the
applicable released two ( 2 ) acres . Thereafter , a Residence Parcel may be
conveyed by Grantor, with two (2 ) acres released from the Conservation
Easement ( " Released Parcel ") and the remaining three ( 3 ) acres or more ,
subject to the Conservation Easement (" Encumbered Parcel ") . The parties
acknowledge and agree that there will be two ( 2 ) Released Parcels and two
( 2 ) Encumbered Parcels hereunder. The parties intend that a Released
Parcel could be used for the home site with appurtenant structures within
the entire applicable Residence Parcel . A pond can be dug within the area
of an Encumbered Parcel if allowed by applicable Indian River County
Codes in effect at the time application is made . No other single family
residences may be located on the Property other than the Residences
2
identified in Exhibit " C " .
2 . Exhibit " C " is amended in toto by the attached Exhibit " C " which shall
supersede Exhibit " C " of the original Conservation Easement ,
3 . Exhibit " E " is amended in part by changing the legal description for the
Residential Parcel Number 1 to read as follows :
THE NORTH 860 . 81 FEET OF THE WEST 10 . 00 ACRES OF THE
NORTHEAST ONE- QUARTER ( 1 /4 ) OF THE NORTHWEST ONE- QUARTER
( 1 /4 ) OF 36 , TOWNSHIP 32 SOUTH , RANGE 38 EAST , LESS AND EXCEPT
THE NORTH 30 . 00 FEET THEREOF ,
SAID PARCEL BEING MORE PARTICULARLLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF SECTION 36 ,
TOWNSHIP 32 SOUTH , RANGE 38 EAST , RUN SOUTH 89034 ' 45 " EAST
ALONG THE NORTH LINE OF SAID SECTION 36 A DISTANCE OF 1327 . 05
FEET TO THE NORTHWEST CORNER OF THE WEST 10 . 00 ACRES OF
THE NORTHEAST ONE- QUARTER ( 1 /4 ) OF THE NORTHWEST ONE
QUARTER ( 1 /4) OF SAID SECTION 36 ; THENCE RUN SOUTH 00 ° 18 ' 40 "
WEST ALONG THE WEST LINE OF SAID WEST 10 . 00 ACRES A
DISTANCE OF 30 . 00 FEET TO THE POINT OF BEGINNING ; FROM SAID
POINT OF BEGINNING RUN SOUTH 89034545 " EAST ALONG A LINE
LYING 30 . 00 FEET SOUTH OF , NORMAL TO AND PARALLEL WITH THE
AFOREMENTIONED NORTH LINE OF SECTION 36 A DISTANCE OF
328 . 40 FEET TO THE INTERSECTION WITH THE EAST LINE OF SAID
WEST 10 . 00 ACRES ; THENCE RUN SOUTH 00 ° 18 ' 40 " WEST ALONG
SAID EAST LINE A DISTANCE OF 830 . 81 FEET ; THENCE RUN NORTH
89034 ' 45 " WEST A DISTANCE OF 328 . 34 FEET FO THE INTERSECTION
WITH THE AFOREMENTIONED WEST LINE OF THE WEST 10 . 00 ACRES ;
THENCE RUN NORTH 00018 ' 40 " EAST ALONG SAID WEST LINE A
DISTANCE OF 830 . 81 FEET TO THE POINT OF BEGINNING ,
SAID PARCEL LYING AND BEING IN INDIAN RIVER COUNTY ,
FLORIDA , CONTAINING 6 . 26 ACRES , MORE OR LESS ,
4 . By this amendment references to the legal description of Residential Parcel
Number 1 on Exhibit " E " of the original Conservation Easement is null and void and
substituted in its place for Residential Parcel Number 1 is the legal description as set forth
in Paragraph 3 above .
5 . The legal description for Residential Parcel Number 2 on Exhibit " E " remains
unchanged .
3
identified in Exhibit " C " .
2 . Exhibit " C " is amended in toto by the attached Exhibit " C " which shall
supersede Exhibit " C " of the original Conservation Easement ,
3 . Exhibit " E " is amended in part by changing the legal description for the
Residential Parcel Number 1 to read as follows :
THE NORTH 860 . 81 FEET OF THE WEST 10 . 00 ACRES OF THE
NORTHEAST ONE- QUARTER ( 1 /4 ) OF THE NORTHWEST ONE- QUARTER
( 1 /4 ) OF 36 , TOWNSHIP 32 SOUTH , RANGE 38 EAST , LESS AND EXCEPT
THE NORTH 30 . 00 FEET THEREOF ,
SAID PARCEL BEING MORE PARTICULARLLY DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF SECTION 36 ,
TOWNSHIP 32 SOUTH , RANGE 38 EAST , RUN SOUTH 89034 ' 45 " EAST
ALONG THE NORTH LINE OF SAID SECTION 36 A DISTANCE OF 1327 . 05
FEET TO THE NORTHWEST CORNER OF THE WEST 10 . 00 ACRES OF
THE NORTHEAST ONE- QUARTER ( 1 /4 ) OF THE NORTHWEST ONE
QUARTER ( 1 /4) OF SAID SECTION 36 ; THENCE RUN SOUTH 00 ° 18 ' 40 "
WEST ALONG THE WEST LINE OF SAID WEST 10 . 00 ACRES A
DISTANCE OF 30 . 00 FEET TO THE POINT OF BEGINNING ; FROM SAID
POINT OF BEGINNING RUN SOUTH 89034545 " EAST ALONG A LINE
LYING 30 . 00 FEET SOUTH OF , NORMAL TO AND PARALLEL WITH THE
AFOREMENTIONED NORTH LINE OF SECTION 36 A DISTANCE OF
328 . 40 FEET TO THE INTERSECTION WITH THE EAST LINE OF SAID
WEST 10 . 00 ACRES ; THENCE RUN SOUTH 00 ° 18 ' 40 " WEST ALONG
SAID EAST LINE A DISTANCE OF 830 . 81 FEET ; THENCE RUN NORTH
89034 ' 45 " WEST A DISTANCE OF 328 . 34 FEET FO THE INTERSECTION
WITH THE AFOREMENTIONED WEST LINE OF THE WEST 10 . 00 ACRES ;
THENCE RUN NORTH 00018 ' 40 " EAST ALONG SAID WEST LINE A
DISTANCE OF 830 . 81 FEET TO THE POINT OF BEGINNING ,
SAID PARCEL LYING AND BEING IN INDIAN RIVER COUNTY ,
FLORIDA , CONTAINING 6 . 26 ACRES , MORE OR LESS ,
4 . By this amendment references to the legal description of Residential Parcel
Number 1 on Exhibit " E " of the original Conservation Easement is null and void and
substituted in its place for Residential Parcel Number 1 is the legal description as set forth
in Paragraph 3 above .
5 . The legal description for Residential Parcel Number 2 on Exhibit " E " remains
unchanged .
3
6 . All other terms and conditions of the Conservation Easement other than as
amended by this First Amendment are in full force and effect .
TO HAVE AND TO HOLD unto Grantee , its respective successors and assigns .
The covenants , terms , conditions , restrictions and purposes imposed with this First
Amendment to Conservation Easement shall not only be binding uppon Grantor but also
its agents , personal representatives , heirs , assigns and all other successors to it in
interest and shall continue as a servitude running in perpetuity with the Property .
IN WITNESS WHEREOF , Grantor has hereunto set its hand on the date first
above written .
Signed , sealed and delivered
In our presence as witnesses :
V4
Print Name alp [ W . Sexton , I dividually and
as Trustee of the Ralph W . Sexton
Revocable Livpq Tr dated
1 /24 /97 /
i
Janet Christine Sexton
Pr'intWhe : f S L Aven ,`
CY
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
2012 , by Ralph W . Sexton , joined by his spouse , Janet Christine Sexton ,
Ind vidually and as Trustee of the Ralph W . Sexton Revocable Living Trust dated
12/24/97 . The above - named individual is personally known to me or produced
as identification .
Notary Mublic . Sta of Florida
( Notary Seal )
MARGARET J . AVERILL
V a MY COMMISSION # DD898052
. " tea EXPIRES : July Z2, 2013
4
6 . All other terms and conditions of the Conservation Easement other than as
amended by this First Amendment are in full force and effect .
TO HAVE AND TO HOLD unto Grantee , its respective successors and assigns .
The covenants , terms , conditions , restrictions and purposes imposed with this First
Amendment to Conservation Easement shall not only be binding uppon Grantor but also
its agents , personal representatives , heirs , assigns and all other successors to it in
interest and shall continue as a servitude running in perpetuity with the Property .
IN WITNESS WHEREOF , Grantor has hereunto set its hand on the date first
above written .
Signed , sealed and delivered
In our presence as witnesses :
V4
Print Name alp [ W . Sexton , I dividually and
as Trustee of the Ralph W . Sexton
Revocable Livpq Tr dated
1 /24 /97 /
i
Janet Christine Sexton
Pr'intWhe : f S L Aven ,`
CY
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
2012 , by Ralph W . Sexton , joined by his spouse , Janet Christine Sexton ,
Ind vidually and as Trustee of the Ralph W . Sexton Revocable Living Trust dated
12/24/97 . The above - named individual is personally known to me or produced
as identification .
Notary Mublic . Sta of Florida
( Notary Seal )
MARGARET J . AVERILL
V a MY COMMISSION # DD898052
. " tea EXPIRES : July Z2, 2013
4
GRANTEE ' S ACCEPTANCE
Indian River County, a political subdivision of the State of Florida , hereby approves
the foregoing First Amendment to Conservation Easement and agrees to the terms and
provisions thereof.
Jy.C �MM 'SSj�yF . INDIAN RIVER COUNTY
�o"s BOARD OF COUNTY COMMISSIONERS
B
Gary C . heeler Chairman
to . ' afteo so too *
°4NFR COUN� �'
"" ~° ., �. . . ° °" ' Date Approved by BCC : April 10 , 2012
Attest : J . K . Barton , Clerk
By : � —
Deputy Clerk
A proved :
!J seph gaird , County Adrr( inistrator
royed as tp forrrr an gal sufficiency :
r .
William K . DeBraal
Deputy County Attorney
5
GRANTEE ' S ACCEPTANCE
Indian River County, a political subdivision of the State of Florida , hereby approves
the foregoing First Amendment to Conservation Easement and agrees to the terms and
provisions thereof.
Jy.C �MM 'SSj�yF . INDIAN RIVER COUNTY
�o"s BOARD OF COUNTY COMMISSIONERS
B
Gary C . heeler Chairman
to . ' afteo so too *
°4NFR COUN� �'
"" ~° ., �. . . ° °" ' Date Approved by BCC : April 10 , 2012
Attest : J . K . Barton , Clerk
By : � —
Deputy Clerk
A proved :
!J seph gaird , County Adrr( inistrator
royed as tp forrrr an gal sufficiency :
r .
William K . DeBraal
Deputy County Attorney
5
an
Sexton Ranch Conservation Easement H - West
24 25 26 32
J o 0e7 a : 27
° J 31
0
dJj
�
, , J ° J o J
,. J c . o J , 28 J ° °J o Jo a °Je o �p� Ja
o J o . 0 * * , J o o J I ;
J , J aJ I QJ? Jo OJJ° J , oJJ? Je o aJ
o ~JJ Joo o f°Jan J an o J0J J a
J ° j � O _
Conservation Easement II - West ! J > J °J J ' a j e
e
J ° Joo ,aJ0 a ° i Is o
> J , oJ J> J , oJJ° ; 0,1
J v J, o J. O . 1
2' I 2.
oJ3.4 • j , 7-
o . J .°
, J .. JJoJo i 31
J
J o vJ J
o
22'
vQIg J
, , J e , J s J ,
35 '
Ig U �I ,?J a a , J .
° J ,J0ofoJ ,aJaJ° J a 11
° > a „ J ° , Faim
3tead1
J , , J > Jo aJ JOJ v ? J , of JaJ ,
1 . J , J, o-. J J a Jo J o f o J J d. (FS- 1) l
o a J a v J '-. , , O
J '
21 5111[ . ' oa3 . , J , J , _ 36 VI
J
- ° JoJ, I
° ao JJJ I 71 64
J � a jw
20 JJJ , I
a , J
w
a a'J ' d e
}
o J a J�J t I Y
a I
o ; ' J I Farmstead 1 (F$-1) Inset
wvI
19 -- - _- + - e JI 4 - t RRW.C.D. Lateral C-I3 ECanal
as
J ° a I
Conservation Easement I - East
° J J . o J 10 77 76
> J gY
6 270
69 7 I
j
tsa
OP-4 '
Reserved armstead I • ! , ? , J , ; , o ?P-3
edeotlsl — (FS-1 ) I J , ,
see Inset i > J aOP-2 Ja J J '•' ' ` J
67� 6571 64 , ' , o ° °
JIIIIi8 • J57 ° J J a J g '0
Context Map ° J , °J
Sexton Ranch Conservation Easements i J
j Reserved a
Residential
West i Parcel (RP- 1 ) OP-6 J J o
(6. 25 Acres) 11
JI Conservation Easement II
- — E East I '` J,
(�
7.—Li-11
I a
rrm SOW
wlIf y . 159 60 J� ` I .J J ° e
WOst • G� 6L
I
Legend Grantor: Ralph W. Sexton, Trustee N
cw.ervatlon Easement It . want wooded Put.n Photo station Grantee: Indian River County
a , . EXHIBIT C W� E
Pu
out reel (OP) Wetland Pasters Canal Mar prepared by Civ Land 'rTerra, Inc.
for the Indian River Land "frust s
June 15 , 2007 ( Revised 4 / 3 / 2012 ) 0 1250 125 250 S00suoo�
an
Sexton Ranch Conservation Easement H - West
24 25 26 32
J o 0e7 a : 27
° J 31
0
dJj
�
, , J ° J o J
,. J c . o J , 28 J ° °J o Jo a °Je o �p� Ja
o J o . 0 * * , J o o J I ;
J , J aJ I QJ? Jo OJJ° J , oJJ? Je o aJ
o ~JJ Joo o f°Jan J an o J0J J a
J ° j � O _
Conservation Easement II - West ! J > J °J J ' a j e
e
J ° Joo ,aJ0 a ° i Is o
> J , oJ J> J , oJJ° ; 0,1
J v J, o J. O . 1
2' I 2.
oJ3.4 • j , 7-
o . J .°
, J .. JJoJo i 31
J
J o vJ J
o
22'
vQIg J
, , J e , J s J ,
35 '
Ig U �I ,?J a a , J .
° J ,J0ofoJ ,aJaJ° J a 11
° > a „ J ° , Faim
3tead1
J , , J > Jo aJ JOJ v ? J , of JaJ ,
1 . J , J, o-. J J a Jo J o f o J J d. (FS- 1) l
o a J a v J '-. , , O
J '
21 5111[ . ' oa3 . , J , J , _ 36 VI
J
- ° JoJ, I
° ao JJJ I 71 64
J � a jw
20 JJJ , I
a , J
w
a a'J ' d e
}
o J a J�J t I Y
a I
o ; ' J I Farmstead 1 (F$-1) Inset
wvI
19 -- - _- + - e JI 4 - t RRW.C.D. Lateral C-I3 ECanal
as
J ° a I
Conservation Easement I - East
° J J . o J 10 77 76
> J gY
6 270
69 7 I
j
tsa
OP-4 '
Reserved armstead I • ! , ? , J , ; , o ?P-3
edeotlsl — (FS-1 ) I J , ,
see Inset i > J aOP-2 Ja J J '•' ' ` J
67� 6571 64 , ' , o ° °
JIIIIi8 • J57 ° J J a J g '0
Context Map ° J , °J
Sexton Ranch Conservation Easements i J
j Reserved a
Residential
West i Parcel (RP- 1 ) OP-6 J J o
(6. 25 Acres) 11
JI Conservation Easement II
- — E East I '` J,
(�
7.—Li-11
I a
rrm SOW
wlIf y . 159 60 J� ` I .J J ° e
WOst • G� 6L
I
Legend Grantor: Ralph W. Sexton, Trustee N
cw.ervatlon Easement It . want wooded Put.n Photo station Grantee: Indian River County
a , . EXHIBIT C W� E
Pu
out reel (OP) Wetland Pasters Canal Mar prepared by Civ Land 'rTerra, Inc.
for the Indian River Land "frust s
June 15 , 2007 ( Revised 4 / 3 / 2012 ) 0 1250 125 250 S00suoo�
� � �rOra �ts,
PREPARED BY AND �� �•� d � 3 1HIS DOCUMEN r HAS BEEN
RECORDED IN THE PUBLIC RECORDS
TO BE RETURNED TO : OF INDIAN RIVER COUNI Y Fl
BK : 2571 PG : 248 _ Page 1 of 6
George G . Collins , Jr. , Esq . 04!26/2012 at 03 : 66 PM , D DOCTAX PD
Collins , Brown , Caldwell , Barkett $ O . rO
& Garavaglia , Chartered JEFFREY K BAR I ON . CLERK OF
Post Office Box 3686 co( JR I
Vero Beach , Florida 32964
First Amendment to Conservation Easement
( Conservation Easement II — West)
THIS FIRST AMENDMENT TO CONSERVATION EASEMENT entered into the
loth day of April 2012 , by Ralph W . Sexton , joined by his spouse Janet
Christine Sexton , individually and as Trustee of the Ralph W . Sexton Revocauie Living
Trust dated 12 /24 /97 ( " Trustee " ) whose address is P . O . Box 2187 , Vero Beach , Florida ,
32961 or , for certified mail or " overnight " courier service , 695 SW U . S . Highway 1 , Vero
Beach , Florida 32960 ( hereinafter referred to as " Grantor") and Indian River County , a
political subdivision of the State of Florida , c/o Community Development Department ,
1801 27th Street , Vero Beach , Florida 32960 ( hereinafter referred to as " Grantee ") .
WITNESSETH
WHEREAS , the Grantor and the Grantee entered into a Conservation Easement on
July 6 , 2007 , recorded in Official Records Book 2182 , Page 133 , Public Records of Indian
River County , Florida (the " Conservation Easement" ) ; and
WHEREAS , in Paragraph 21 of the Conservation Easement , the parties agreed
that the Conservation Easement could be amended ; and
WHEREAS , in Paragraph 8 (e ) of the Conservation Easement , the parties provided
for two single-family sites , each on five (5 ) acres ; and
WHEREAS , pursuant to Paragraph 8 (e ) , the Grantor desires to relocate
Residential Parcel Number 1 ( " RP4' ) to another location within the Conservation
Easement and abandon the original site ; and
WHEREAS , the parties desire to amend Exhibit " E , " Residential Parcel Number 1 ,
and Exhibit " C " to reflect the new location for Residential Parcel Number 1 ; and
WHEREAS , the relocated Residential Parcel Number 1 , as described in Exhibit " E "
and reflected in Exhibit " C , " will contain six and twenty- six hundredths (6 . 26 ) acres rather
than five ( 5 ) acres in order to accommodate certain environmental concerns .
NOW , THEREFORE , in consideration of mutual promises and other monies in
hand paid , the Grantor and the Grantee agree to amend the Conservation Easement
above referred as follows :
1