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Home My WebLink About2015-022B?RUE COPY CERTIFICATION ON LASTPAGE OR .To Fl J.R,SMITH.CLERK ASS EIS 3120150016323 Q RECORDED IN THE PUBLIC RECORDS OF 8�. JEFFREY R SMITH, CLERK OF COURT aO/ 5 . 0A,./ INDIAN RIVER COUNTY FL 1 BK. 2831 PG: 926 Page 1 of 7 3/18/2015 11 52 AM CONSERVATION EASEMENT See. I2e.-;olottov., 20I5 -acs THIS GIANT OF CONSERVATION EASEMENT, made and executed this day of Jrl arc l , 2015 by TRG CFG PROJECT IV, LLC, a Florida Limited Liability Corporation, whose mailing address is 1 35 2nd Avenue North, Jacksonville Beach; FL 3 2 2 5 0 , hereinafter called Grantor, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called Grantee, WITNESSETH: WHEREAS, Grantor is the fee simple owner of certain real property situated in Indian River County, Florida, which is currently undergoing development; and WHEREAS, Grantor finds that it is appropriate to retain certain land or water areas on Grantor's property in their natural, scenic, open, or wooded condition; retaining such areas as suitable for habitat for fish, plants, or wildlife; retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archeological, or cultural significance; and WHEREAS, the establishment of a conservation easement is required by Indian River County Wetland Protection Ordinance, section 928.06(3) to overlay all preserved, created, or enhanced wetlands or deep water habitats (and upland buffers, as applicable) associated with development site mitigation; and WHEREAS, it may be appropriate pursuant to Indian River County Comprehensive Plan Conservation Element, Policy 6.12 to preserve certain native plant communities in viable condition with intact canopy, understory, and ground cover: NOW, THEREFORE, Grantor, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid, by Grantee, by these presents does grant a conservation easement upon and across that real property described in Exhibit "A" to Grantee which conservation easement shall run with the land and be binding upon the owner, its heirs, successors and assigns, and remain in full force and effect, enforceable by the Grantee either by injunction or proceeding in equity or at law, said easement specifically prohibiting any of the following activities: (a) constructing or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. (b) dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. (c) removal or destruction of trees, shrubs, or other vegetation. A TRUE COPY CERTIFICATION ON LASTPA6E J.R. SMITH, CLERK (d) excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface. (e) surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. (f) activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) acts or uses detrimental to the retention of land or water areas. (h) acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, archeological, architectural, or cultural significance. Notwithstanding any provision to the contrary herein contained, Grantor reserves the right for certain passive recreational uses not detrimental to the health of the ecological system. Notwithstanding any provision to the contrary herein contained, the above - stated conservation easement shall not transfer to Grantee any of the normal duties and obligations of the Grantor to maintain the fee simple property in a safe condition Notwithstanding any provision to the contrary herein contained, the above - stated conservation easement shall not preclude the Indian River Mosquito Control District from obtaining access to the property for the purpose of mosquito inspection, treatment, and management. This easement shall be perpetual and shall run with the land and be binding upon all subsequent owners of the servient estate. This easement shall be assignable to other governmental bodies or agencies, charitable organizations, or trusts authorized to acquire such easements. This easement may be enforced by the Grantee by injunction or proceeding in equity or at law. This easement may be released by the Grantee to the owners of the servient estate. This easement shall be recorded and indexed in the same manner as any other instrument affecting the title to real property. Grantor hereby covenants that it is lawfully seized of said servient land in fee simple, and that it has good right and lawful authority to convey the easements hereby established, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this 3 day of /) f (1 , 2015. 2 Signed in the presence of: GRANTOR: sign: print name: sign: print name: �S- x... _Thr'ef/L- (SEAL) A TRUE COPY CERTIFICATION ON LASTPAGE J.R. SMITH, CLERK TRG CFG PROJECT IV, LLC, a Florida limited liability Corporation By 61' CL-" C� Michael McCann, CEO STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 3day of , 2015 by %z,ziJ , the e',f0 of TRG CFG PROJECT IV, LLC, a Florida limited liability corporation, on behalf of and as the act and deed of said corporation. He/she is personally known to me or has produced (passport/driver's license) as identification. NOTARY PUBLIC: Commission No.: Commission Expiration: 3 .`ar• " ,Ve NANCY M. HAUGK °<+- Notary Public - State of Florida •_ My Comm. Expires Oct 29, 2018 9 '' Commission • FF 172759 •., OF F� '''Bonded through """", uqh National Notary Assn. 1 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) EXHIBIT "A" 61ST STREET 80'RIGHT OF WAY P.O.C. NE CORNER TRACT "L" L1 SOUTH LINE OF SUB -LATERAL A-11 CANAL LINE BEARING L 1 S 89'54'09"W L 2 N 89'55'52"W L 3 S 89'55'52"E DISTANCE 25.00' 25.00' 24.87' L3 P.O.B. tD In co S 00'04'08"W L2 o 0 0 0 0 Ln 0 cD rn SKETCH OF DESCRIPTION SKETCH OF LEGAL DESCR/P17ON NOT A BOUNDARY SURVEY PROJ. NO. 05 -216 -CE -2 DWN. BY: C.H.B. CKD. BY: S.P.T. 30 GRAPHIC SCALE 0 15 30 I I faM=CLDI North ( IN FEET ) 1 inch = 30 ft. PLAT OF SURVEY FOR: CONSERVATION AREA DATE: 01-28-15 THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE \4PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE NOTHER. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, si nTe 201 VERO BEACH, FL 32960 LB36905 PHONE: 772-7941213, FAY: 772-7941096 E`MAJL: LB690366BELLSO1RH.1;E7 TAWarkinp F4.11ID031015\9i116UPDATALEGALS93-216LE.2nry 1//2V1S 1%1:22PM COPT0.61R, PAGE 1 OF 2 SKETCH OF LEGAL DESCR/PTION (NOT A SURVEY) Report of Survey. (Project # 05-216—CE-2) * TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY * THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B.#6905 d.b.o. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 a PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. #5755 Legal Description: EXHIBIT "A" A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING A PORTION OF HUNTINGTON PLACE SUBDIVISION, AS RECORDED IN PLAT BOOK 22, PAGE 44, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "L", SAID HUNTINGTON PLACE SUBDIVISION; THENCE RUN SOUTH 89'54'09" WEST (BASIS OF BEARINGS) ALONG THE SOUTH LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT SUB -LATERAL A-11 CANAL, A DISTANCE OF 25.00 FEET; THENCE LEAVING SAID SOUTH LINE, RUN SOUTH 00'04'08" WEST, A DISTANCE OF 195.69 FEET; THENCE RUN NORTH 89'55'52" WEST, A DISTANCE OF 25 00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 16'06'47"WEST, A DISTANCE OF 89.22 FEET; THENCE RUN SOUTH 89'55'52" EAST, A DISTANCE OF 24 87 FEET; THENCE RUN SOUTH 00'04'08" WEST, A DISTANCE OF 85.69 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1065.377 SQUARE FEET. MORE OR LESS. Legend & Abbreviations: (symbols not scaleable PLS — PROFESSIONAL LANG SURVEYOR PSM — PROFESSIONAL SURVEYOR & MAPPER L8 — LAND SURVEYING BUSINESS — CENTERLINE — MEASURED VALUE — PLAT VALUE for size) CR — COUNTY ROAD R/Y/ — RICHT OF WAY O.R.B. — OFFICIAL RECORD BOOK P.O.C. — POINT OF COMMENCEMENT P.O.B — POINT OF BEGINNING SKETCH OF DESCRIPTION PLAT OF SURVEY FOR: CONSERVATION AREA MED.8DWAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 E-MAIL: LB6905(OBELLSOLITH.NET SKETCH OF LEGAL DESG IP770N NOT A BOUNDARY SURREY THIS SUM IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER N a' BELOW. CHARLES H •BLANCHARD, PSM. 15755 TAMbhlrg ResVOC6. 15103-116_UPDOMFWLAOS-216CF2My 1/2312M3 L113, PMC PYFIWR/µs PAGE 2 OF - 2 L I33 L C C m r 20.cn SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) EXHIBIT "A" 61ST STREET 80'RIGHT OF WAY SOUTH LINE OF SUB -LATERAL A-11 CANAL N 89'54'09"E 66.63' P.O.B. LINE L 1 L 2 S 89'54'09"W 250.63' 49.01' N 89'54'09"E P.O.C. N£ CORNER TRACT 1" N BEARING S 00'05'51"E S 00'05'51"E DISTANCE 25.00' 25.16' >- cn >- z w 1— Z 0 LLJffE > O Q c0 co SKETCH OF DESCRIPTION SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY PROJ. NO. 05-216—CE-1 DM. BY: C.H.B. CKD. BY: S.P.T. IUIl11111 Imo,. .,, 1111110114111, 011 1 "1 North PLAT OF SURVEY FOR: DATE 01-28-15 THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR ANO MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE ENO OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE \4NOTHER. GRAPHIC SCALE 30 0 1I 30 ( IN FEET ) 1 inch = 30 ft. CONSERVATION AREA MEFRB®BAAI LAND SURVEYORS 1717 [NDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL 32960 L206905 PHONE: 772.794.1213, FAX: 772.794-1096 E-MAIL: L06903(BELLSOL7'H.NET TVIeding go1200s 10M05.21b_UP ATE LEGMS O5-216C[-td.g 1121/20154.40,40 PM COPrn1GHf 647 PAGE 1 OF 2 SKETCH OF LEGAL DESCR/PT/ON (NOT A SURVEY) Report of Survey. (Project # 05-216—CE-1) * TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY * THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE. BITTLE & STODDARD, INC. L.B.#6905 d.b.o. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 * PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. #5755 Legal Description: EXHIBIT "A" A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING A PORTION OF HUNTINGTON PLACE SUBDIVISION, AS RECORDED IN PLAT BOOK 22, PAGE 44, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "L", SAID HUNTINGTON PLACE SUBDIVISION; THENCE RUN SOUTH 89'54'09" WEST (BASIS OF BEARINGS) ALONG THE SOUTH LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT SUB—LATERAL A-11 CANAL, A DISTANCE OF 250.63 FEET; THENCE LEAVING SAID SOUTH LINE, RUN SOUTH 00'05'51" EAST, A DISTANCE OF 25.00 FEET; THENCE RUN NORTH 89'54'09" EAST, A DISTANCE OF 66.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'54'09"EAST, A DISTANCE OF 49,01 FEET; THENCE RUN SOUTH 00'05'51" EAST, A DISTANCE OF 25.16 FEET; THENCE RUN NORTH 62'55'23" WEST, A DISTANCE OF 55.09 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 616.536 SQUARE FEET, MORE OR LESS. Legend & Abbreviations: (symbols not scaleable PLS PSM L8 SC (P� - PROFESSIONAL LAND SURVEYOR - PROFESSIONAL SURVEYOR & MAPPER - LAND SURVEYING BUSINESS - CENTERLINE - MEASURED VALUE - PLAT VALUE CR - R/W - O.R.B. - P.O.C. - P.0.B - SKETCH OF DESCRIPTION PLAT OF SURVEY FOR: CONSERVATION AREA Nil ERLD AN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 E-MAIL: LB6905(BELLSOUTH.NET for size) COUNTY ROAD RIGHT OF WAY OFFICIAL RECORD BOOK POINT OF COMMENCEMENT POINT OF BEGINNING SKETCH OF LEGAL DESCRIP770N NOTA BOUNDARY SURVEY THIS SURVEY IS NOT VAUD WITHOUT THE SIGNATURE.AND THE MGM. RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER NAM 11V. CHARLES H. $LANCHARO, P.SM. #5755 11Wwtiry rJerza0510E1W5-26_UPDA EGALAosil6C[-1.Mp 1/2112 4¢57 VM. CoWmH1 MIs PAGE 2 OF 2 m