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Home My WebLink About2019-006F3120190004863 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3179 PC: 1062, 1/25/21119 9:02 AM D DOCTAX PD S0.70 COUNTY ATTORNEY'S OFFICE INDIAN RIVER COUNTY 180127th Street Wrc Florida 32960 CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT, made and executed this ? ' day of , 2019, by TRG CFG PROJECT IV LLC, a Florida limited lia lity, co pany, whose mailing address is 135 2nd Avenue N, Suite 3, Jacksonville Beach, Florida 32250, 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, agricultural, 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, it may be appropriate pursuant to Indian River County Comprehensive Plan Conservation Element, Chapter 8, to preserve certain native plant communities in viable condition with intact canopy, understory, and 2Z ground cover, O EL. U• W O_ a'' 0 az m w NOW, THEREFORE, Grantor, for Ten and No/100 Dollars ($10.00) m< and other good and valuable consideration in hand paid, by Grantee, by these o>- presents does grant a conservation easement upon and across that real property described in Exhibit "A" to Grantee which conservation easement shall run with <0° 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 W proceeding in equity or at law, said easement specifically prohibiting any of the o following activities: (a) constructing or placing of buildings, roads, signs (except for approved preserve area boundary 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 except for exotic or nuisance species as approved in advance by the Grantee. BK: 3179 PG: 1063 (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. With prior permission of Grantee, Grantor may remove dead trees or palms that pose a falling risk to surrounding properties; remove excess palm fronds, leaves, pine needles or tree branches to reduce the risk of wildfires. 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 shall be the perpetual maintenance obligation of the Grantor, and all subsequent owners of the servient estate. 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 BK: 3179 PG: 1 064 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 Le day of4 14. `� , 2019. Signed in the presence o sign: print name: sign: print name: (/ /AA Ll< 1A -u -c50,-/ STATE OF�� COUNTY OF /2a4,1/1 TRG CFG PROJECT IV LLC, a Florida limited liability company By TRG RESIDENTIAL LAND VENTURE I LLC, a Florida limited liability company, its Manager By THE RESOURCE GROUP LLC, a Florida limited liability company, its Manager By ct.�-- Michael T. McCann Manager Member The foregoing instrument was acknowledged before me this a.z day of ( , 2019 by Michael T. McCann, the Manager Member of THE ESO CE GROUP LLC, a Florida limited liability company, which limited liability company is the Manager of TRG RESIDENTIAL LAND VENTURE I LLC, a Florida limited liability company, which limited liability company is the Manager of TRG CFG PROJECT IV LLC, a Florida limited liability company, and who executed on behalf of and with the authority of said entity. He is either personally known to me or has produced (passport/driver's license) as identification. NOTARY PUBLIC: pn Co mi sion No.: Commis BK: 3179 PC: 1065 EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) 18 61ST STREET i R (Pecan Grove Rood) 60' R/W N.W. CORNER OF TRACT 2 _ __ 5893621 W 2652.78 1 R.F.W.C.D. —CAN A-11 30 R`WT N89.54Q9E 12797 17 62ND AVENUE RIGHT OF WAY VARIES 0 O w 8N Oa w4 ALO xr. SOUTH LINE OF TRACT 2 S.W. CORNER) .09533,1V 3271T OF TRACT 2 TRACT 7 SKETCH OF DESCRIPTION OF CONSERVATION EASEMENT 200 0 100 200 I I 1 1 SKETCH OF LEGAL DESCRIP77ON PLAT OF SURVEY FOR: NOT A BOUNDARY SURVEY TRG CFG PROJECT IV, LLC & HUNTINGTON PLACE PROPERTY ( IN FEET PROJ. NO. 17 -049 -CONS OWNERS ASSOCIATION, INC. 1 inch =200 ft. �,Illl IIUDDI ,.• 1I mus .111111111111�1101111, lN North EXHIBIT "A" GRAPHIC SCALE DM. BY: M.C. DATE: 10-29-18 CKD. BY: C.H.B. THIS PLAT AND REPORT ARE NOT VAUD 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 PLAT AND REPORT ARE NOT FULL ANO COMPLETE WITHOUT ONE tANOTHER. MERIDIAN LAND BuRvEYom 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 L.B#6905 PHONE: 772-794-1213, FAX: 772-794-1096 EMAIL: LB6905cBELLSOUTH.NET PAGE 1 OF 2 t\i:\watng fnitA2017 3003}17M9_0UNTRIC10N REPLAT\SOD cote, wAw9, SOD, 1/14/20W 1:30:413 PM UJ �N'\.\\ BK: 3179 PC: 1066 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey. (Project # 17-049—CONS) • TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY * THIS DESCRIPTION PREPARED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B. #6905 d.b.a. 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 EXHIBIT "A" LEGAL DESCRIPTION: A CONSERVATION EASEMENT BEING THE WEST 50 FEET OF THE SOUTH 600 FEET OF THE WEST 10 ACRES OF TRACT 2, SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY AS FILED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0.69 ACRES MORE OR LESS Legend & Abbreviations: (symbols not scaleable for size) CR - COUNTY ROAD RIGHT OF WAY OFFICIAL RECORD BOOK POINT OF COMMENCEMENT POINT OF BEGINNING OVERALL PLS - PROFESSIONAL LAND SURVEYOR PSM - PROFESSIONAL SURVEYOR & MAPPER R/W - LB - LAND SURVEYING BUSINESS O.R.B. - & - CENTERUNE P.O.C. - - RED (P) - PLAT�VgALLUE VALUEyRRMg (OA) - LR.F.W.C.D. - WATER COENTROL DISTRICT SKETCH OF DESCRIPTION OF CONSERVATION EASEMENT PLAT OF SURVEY FOR: TRG CFG PROJECT IV, LLC & HUNTINGTON PLACE PROPERTY OWNERS ASSOCIATION, INC. MERIDIAN L�URVEYORS 1717ORIVER BLVD, 201 �RFL. 32960 X PHONE: 772-7941213, FAX: 772-794-1096 EMAIL: LB6905 a@BAT.T SOUTHNET SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY THIS SURVEY IS NOT VALID NITHOUT THE sta4ATUR&'ATIO Sit CeGNAL RAISED SEAL OF THE UMNSED SURVEYOR AND MAPPER CHARLES H . BLANCHARD, P.S.IL 0755 �J�,\�9 Res 1,2017 JOBS\17 049LA1 HTINGTON REPLA7\SOD CONS'* dwg, SOD, 1/14/2019 3!31,01 nPN PAGE 2 OF 2