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Home My WebLink About2015-007 al/oiols � a /3. E '20150011147 CORDED IN THE PUBLIC RECORDS OF =-REY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2625 PG: 1279 Page 1 of 6 2/24/2015 10:17 AM •This instrument prepared by: Geosyntec Consultants,on behalf of: Indian River County Board of County Commissioners 1801 27`h St. Vero Beach,Florida 32960-3388 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT (hereinafter "Declaration") is made this _6, day of January2015 :by Indian River County (hereinafter "GRANTOR") and the Florida Department of Environmental Protection(hereinafter"FDEP"). RECITALS A. GRANTOR is the fee simple owner of that certain real property situated in the County of Indian River, State of Florida, more particularly described in Exhibit A, attached hereto and made a part hereof(hereinafter the"Property"). B. The FDEP Facility Identification Number for the Property is WCU Site ID: COM _289528. The facility name at the time of this Declaration is the Indian River County Cattle Dip Vat (Former) located at 9255 93rd St. on County Road 510, Vero Beach, Florida This Declaration addresses the discharge that was reported to the FDEP on the 26th day of February,.2007. C. 26 February 2007 Preliminary Site Assessment—the presence of arsenic in vadose zone soils and in groundwater on the Property is documented in FDEP files in the following reports that are incorporated by reference: 1. Preliminary Site Assessment Report dated the 26st day of February,2007,prepared by Geosyntec Consultants; Page 1 of 6 2. Interim Source Removal Report dated the 17th day of December, 2008, prepared by Geosyntec Consultants; 3. Site Assessment Report Addendum dated the 25th day of August, 2010, prepared by Geosyntec Consultants; 4. Site Assessment Report Addendum No. 2 dated the 30th day of August, 2012, prepared by Geosyntec Consultants; and 5. Site Assessment Status Report dated the 2nd day of December, 2013, prepared by Geosyntec Consultants. D. The reports noted in Recital C. above set forth the`n^ture and extent of the contamination that was found on the Property. These reports confirm that contaminated groundwater exists on the Property, as defined by Chapter 62-780, Florida Administrative Code (F.A.C.). Also, these reports document that the groundwater contamination did not extend beyond the Property boundary, and that the extent of the groundwater contamination did not exceed 1/4 acre and the groundwater contamination was not migrating. E. It is the intent that the restrictions in this Declaration reduce or eliminate the risk of exposure of users or occupants of the Property and the environment to the contaminants and to reduce or eliminate the threat of migration of the contaminants. F. The FDEP has agreed to issue a Site Rehabilitation Completion Order with Conditions (hereinafter "Order") upon recordation of this Declaration. The Order relating to FDEP Facility No. COM 289528 can be found by contacting the FDEP Southeast District Office. NOW, THEREFORE, to induce the FDEP to issue the Order and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the undersigned parties,GRANTOR agrees as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. GRANTOR hereby imposes the following restrictions and requirements: a. There shall be no use of the groundwater under the Property. There shall be no drilling for water conducted on the Property, nor shall any wells be installed on the Property, other than monitoring wells pre-approved in writing by FDEP's Division of Waste Management (DWM), in addition to any authorizations required by the Division of Water Resource Management (DWRM) and the Water Management Districts. For any dewatering activities on the Property, a plan approved by FDEP's DWM must be in place to address and ensure the appropriate handling, treatment and disposal of any extracted groundwater that may be contaminated. 3. In the remaining paragraphs, all references to "GRANTOR" and "FDEP" shall also mean and refer to their respective successors and assigns. Page 2 of 6 • 4. For the purpose of monitoring the restrictions contained herein,FDEP is hereby granted a right of entry upon and access to the Property at reasonable times and with reasonable notice to the GRANTOR. 5. It is the intention of GRANTOR that this Declaration shall touch and concern the Property, run with the land and with the title to the Property, and shall apply to and be binding upon and inure to the benefit of GRANTOR and FDEP, and to any and all parties hereafter having any right,title or interest in the Property or any part thereof. The FDEP may enforce the terms and conditions of this Declaration by injunctive relief and other appropriate available legal remedies. Any forbearance on behalf of the FDEP to exercise its right in the event of the failure of the GRANTOR to comply with the provisions of this Declaration shall not be deemed or construed to be a waiver of the FDEP's rights hereunder. This Declaration shall continue in perpetuity. unless otherwise modified in writing by GRANTOR and the FDEP. 6. In order to ensure the perpetual nature of this Declaration, GRANTOR shall reference these restrictions in any subsequent lease or deed of conveyance, including the recording book and page of record of this Declaration. Furthermore, prior to the entry into a landlord-tenant relationship with respect to the Property, the GRANTOR agrees to notify in writing all proposed tenants of the Property of the existence and contents of this Declaration of Restrictive Covenant. 7. This Declaration is binding until a release of covenant is executed by the FDEP Secretary (or designee) and is recorded in the public records of the county in which the land is located. This Declaration may be modified in writing only. Any subsequent amendment must be executed by both GRANTOR and the FDEP and be recorded by the real property owner as an amendment hereto. 8. If any provision of this Declaration is held to be invalid by any court of competent jurisdiction, the invalidity of that provision shall not affect the validity of any other provisions of the Declaration. All such other provisions shall continue unimpaired in full force and effect. 9. GRANTOR covenants and represents that on the date of execution of this Declaration that GRANTOR is seized of the Property in fee simple and has good right to create, establish, and impose this restrictive covenant on the use of the Property. GRANTOR also covenants and warrants that the Property is free and clear of any and all liens, mortgages, or encumbrances that could impair GRANTOR'S rights to impose the restrictive covenant described in this Declaration or that is superior to the restrictivcovenant described in this Declaration. Page 3 of 6 IN WITNESS WHEREOF, Indian River County has executed this instrument, this \ 0, day day of !cJa r L20 , 15 Indian River County Board of County Commissioners • .,� °c0MM/SS. By: / /i ,'J�.. .oy. �'esley S. fa is, c : Fu; Chairman e*c • ° ;*3 • • • ATTEST: Jeffery R. Smith, ;may•. j -, :o�• Clerk of Court and Comptroller';•:... .... k9�• By: 64A°' C2L6--- Date approved: o-,.- In a0 1 De un'Clerk p 1/4 Joseph . Baird, • County Administrator Approved as to for ,� nd le::. suf •ie, •► William K. DeBraal, Deputy County Attorney • • Page 4 of 6 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Approved as to form by: �! ,c� REECH, P.E., Tifi Settee-cave •• east District Director Toni Sturtevant, Asst. General Counsel Florida Department of Dept. of Environmental Protection Environmental Protection Southeast District Office Office of General Counsel 3301 Gun Club Road West Palm Beach, Florida Signed, sealed, and delivered in in the presence of: / r j t e a #12...‹._,(2` Witness Signature Witness Signature M CCA e(C K Ot yr a,inL?/). Printed Name Printed Name °2/1`01-5 - o / 0D/. - Date Date STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this/6day offawt, , 2015, by JILL S. CREECH, P.E., who is personally known to me. 14 ,7 11111111101011.1111... F �Nor'� Notary Public, State o• '.a a arge Page5of6 � f ° • y_ EXHIBIT"A"to Declaration of Restrictive Covenant ALL THAT CERTAIN PIECE PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN GOVERNMENT LOT 2, SECTION 26,TOWNSHIP 31 SOUTH,RANGE 39 EAST,OF TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY,FLORIDA. ALL OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO WIT: COMMENCING AT THE NORTHWEST CORNER OF GOVERNMENT LOT 2 AS SHOWN ON THE PLAT OF FLORIDA BEACH RESORT PLANNED DEVELOPMENT, AS RECORDED IN PLAT BOOK 14,PAGE 30, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE,BEARING SOUTH 00'11'42"EAST,ALONG THE WEST LINE OF SAID GOVERNMENT LOT 2, A DISTANCE OF 40.00 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE,BEARING SOUTH 89'58'57"EAST,A DISTANCE OF 421.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE,BEARING SOUTH 89'58'57"EAST,ALONG THE SOUTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 510, A DISTANCE OF 330.00 FEET TO A POINT; THENCE, BEARING SOUTH 00'00'48" WEST,A DISTANCE OF 220.14 FEET TO A POINT; THENCE, BEARING NORTH 89'58'57"WEST, A DISTANCE OF 330.00 FEET TO A POINT; THENCE, BEARING NORTH 00'00'48"EAST,A DISTANCE OF 220.14 FEET TO THE POINT OF BEGINNING. All as shown and depicted on that certain ALTA/ACSM Land Title Survey entitled"Gordon S.Nutt Parcel",dated June 15,2005 (Job No.047476000),prepared by Kimberly-Horn and Associates,Inc., Vero Beach,Florida,under the seal and certification of E.C.Demeter,Florida Board of Professional land Surveyors No. 5179. • t Page6of6