HomeMy WebLinkAbout2019-166D3120190068819
RECORD IN THE PUBLIC RECORDS
JEFFREY ER SMITH, CLERK OF COURT OF
INDIAN RIVER COUNTY F1 of 4 11/25/2019 9'.56 AM
BK. 3256 PG. 2480 Page
D DOCTAX PD $0.70
CONSERVATION EASEMENT
(Lot 1, Block 28, Windsor Plat 9)
THIS GRANT OF CONSERVATION EASEMENT, made and
executed this ZD -N day of November, 2019, by WINDSOR PROPERTIES, a
Florida general partnership, whose mailing address is 3125 Windsor Boulevard,
Vero Beach, FL 32963, hereinafter called Windsor, 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 County,
WITNESSETH;
WHEREAS, Windsor is the fee simple owner of certain real
property situated in Indian River County, Florida, which is currently undergoing
development; and
WHEREAS, Windsor finds that it is appropriate to retain certain
land or water areas on Windsor'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
ground cover; and
WHEREAS, in 1996, Windsor recorded a conservation easement
in favor of the County at Lot 1, Block 28, Windsor Plat 9, recorded in Plat Book
14, Page 80C, public records of Indian River County, Florida; and
WHEREAS, Windsor seeks to release an eight foot wide portion
(±1,434.64 sq. ft. or 0.033 acres) of that conservation easement for construction
of a dune crossover and in mitigation will add an additional ±2,950 sq. ft. or
0.068 acres to the conservation easement; and
WHEREAS, the additional conservation easement over, upon and
across the lands is depicted on the sketch and legal description attached as
Exhibit "A" and incorporated herein.
NOW, THEREFORE, Windsor, for Ten and No/100 Dollars
($10.00) and other good and valuable consideration in hand paid to County, by
these presents does grant a conservation easement upon and across that real
property described in Exhibit "A" to County 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 County either by
Code Enforcement Board, 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 (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 County.
(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,
Windsor 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 County any of the
normal duties and obligations of the Windsor to maintain the fee simple property
in a safe condition. With prior permission of County, Windsor 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.
2
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 Windsor, and all
subsequent owners of the servient estate. This easement may be enforced by
the County by injunction or proceeding in equity or at law. This easement may
be released by the County 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.
Windsor 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 Windsor has caused these presents
to be executed this Z614 day of November, 2019.
Signed in the presence of
sign:
print nam ,;,.,
sign: ,7
print name:'J',f D
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
WINDSOR:
By: V[/K/(,
Mark Justice,
(SEAL)
President
The foregoing instrument was acknowledged before me this 26T-4
day of November, 2019 by Mark Justice, the Vice President of Windsor
Properties, a Florida General Partnership, on behalf of and as the act and deed
of said partnership. He/she is personally known to me or has produced
(passport/driver's license) as identification.
NOTARY PUBLIC:
C4(1 PA4,C6—
printed
na e: :FAY +41 • FkP-Abb
Commission No.:_G�6721451-7
Commission Expiration: 6 /1 (0 22 -
APPROVED AS TO FO:RM
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MY COMMISSION # GG 214y1 i
EXPIRES: June 16, 2022
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THE CONSERVATION
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is
POINT OF
TERMINATION
1987 -COASTAL CONSTRUCTION CONTROL LINE
PER PLAT BOOK 12. PAGE 35, INDIAN
RIVER COUNTY. FLORIDA
DESCRIBED LINE
��B' STRIP - NOT INCLUDED
POINT OF
BEGINNING
N LINE LOT I
�• E
A �
5
MEAN HIGH WATER LINE
OF THE ATLANTIC OCEAN
SURVEYOR'S NOTES:
I. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND
DECIMAL PARTS THEREOF. SKETCH OF
DESCRIPTION
2. THE NORTH LINE OF BLOCK 28 BEARS N 62054'43"E NOT A FIELD
AND ALL OTHFER ,DEAR I NGS ARE RELATIVE THERETO. BOUNDARY SURVEY
*DATE OF St, Yuvr):,,AUGUST 26. 2019
7H IS<':SfyE }Ip `lC�fi� VAL I 0 WITHOUT THE SIGNATURE
AND-'-,OEyR-TG'l,-4CTL- RAI SED',.SEAL-- OF THE FLORIDA LICENSED DAVID M . JONES
SUR-V"'o : &-t%AP_flElk NAMEp BELOW. PROFESSIONAL SURVEYOR d MAPPER
p.
•SI4RVEY0R AND`'.MAPPER :I.W RESPONSIBLE CHARGE
DAV4D.,j I 1D k SE NUMBER LS 3909
2266 CORTEZ AVENUE
(772)567-9875 VERO BEACH. FL 32960
a
3120190068820
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3256 PG 2484 Page 1 of 4 11/25/2019 9'56 AM
D DOCTAX PD $0.70
CONSERVATION EASEMENT
(Lot 2, Block 28, Windsor Plat 9)
THIS GRANT OF CONSERVATION EASEMENT, made and
executed this 20V day of November, 2019, by WINDSOR PROPERTIES, a
Florida general partnership, whose mailing address is 3125 Windsor Boulevard,
Vero Beach, FL 32963, hereinafter called Windsor, 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 County,
WITNESSETH;
WHEREAS, Windsor is the fee simple owner of certain real
property situated in Indian River County, Florida, which is currently undergoing
development; and
WHEREAS, Windsor finds that it is appropriate to retain certain
land or water areas on Windsor'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
ground cover; and
WHEREAS, in 1996, Windsor recorded a conservation easement
in favor of the County at Lot 2, Block 28, Windsor Plat 9, recorded in Plat Book
14, Page 80C, public records of Indian River County, Florida; and
WHEREAS, Windsor seeks to release an eight foot wide portion
(±1,431.52 sq. ft. or 0.033 acres) of that conservation easement for construction
of a dune crossover and in mitigation will add an additional ±2,600 sq. ft. or 0.06
acres to the conservation easement; and
WHEREAS, the additional conservation easement over, upon and
across the lands is depicted on the sketch and legal description attached as
Exhibit "A" and incorporated herein.
NOW, THEREFORE, Windsor, for Ten and No/100 Dollars
($10.00) and other good and valuable consideration in hand paid to County, by
these presents does grant a conservation easement upon and across that real
property described in Exhibit "A" to County 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 County either by
Code Enforcement Board, 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 (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 County.
(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,
Windsor 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 County any of the
normal duties and obligations of the Windsor to maintain the fee simple property
in a safe condition. With prior permission of County, Windsor 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.
2
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 Windsor, and all
subsequent owners of the servient estate. This easement may be enforced by
the County by injunction or proceeding in equity or at law. This easement may
be released by the County 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.
Windsor 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 Windsor has caused these presents
to be executed this 20th day of November, 2019.
Signed in the presence of:
sign:
print name:,,;
sign:
print name: U f;4't -PQA�
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
WINDSOR:
By- vVvvr
Y�
Mark Justic ,
(SEAL)
President
The foregoing instrument was acknowledged before me this ZOTf+
day of November, 2019 by Mark Justice, the Vice President of Windsor
Properties, a Florida General Partnership, on behalf of and as the act and deed
of said partnership. He/she is personally known to me or has produced
(passport/driver's license) as identification.
NOTARY PUBLIC:
printed na 4 PF -Ar) o
Commission No.: G (�r 2 (4 517
Commission Expiration: J I (L 17_017—
AP
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AND
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•• I :- • MY COMMISSION # GG 214911
! EXPIRES: June 16, 2022
BonddThr.NotaryP-IA-Und1'11TK-
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SURVEYOR'S NOTES:
F_
O
CnI
0
0
If A it
1987 -COASTAL CONSTRUCTION CONTROL
LINE PER PLAT BOOK 12. PAGE 35.
INDIAN RIVER COUNTY, FLORIDA
8' STRIP NOT INCLUDED
-DESCRIBED LINE
00'
00'
_POINT OF
BEGINNING
v, N LINE LOT 2
0
i
A \
526p�p
MEAN HIGH WATER LINE
OF.THE ATLANTIC OCEAN
1. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND
DECIMAL PARTS THEREOF.
2. THE NORTH LINE OF BLOCK 28 BEARS N 62054'43"E
AND ALL OTHER BEARINGS ARE RELATIVE THERETO.
-DATE OF.:SURVEYr,. AUGUST 26. 2019
1. -
THIS '§%R =•FLS -N0�[ VALID WITHOUT THE SIGNATURE
AND,, 0�1 <� Lig k Ai S�V)' SEAL OF THE FLOR I DA L I CENSED
SUf�/E�Of tS MAPPER 'NAMEp BELOW.
JJRV�YOR A•NDJ MAPPER �a N RESPONSIBLE CHARGE
DAVI-1)' M. JONES . R l -D LSE NUMBER LS 3909
( S i D, AND AtLQ S
SKETCH OF
DESCRIPTION
NOT A FIELD
BOUNDARY SURVEY
DAVID M. JONES
PROFESSIONAL SURVEYOR & MAPPER
2266 CORTEZ AVENUE
(772)567-9875 VERO BEACH. FL 32960
96-268
3120190068821
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3256 PG 2488 Page 1 of 4 11/25/2019 9:56 AM
D DOCTAX PD $0.70
CONSERVATION EASEMENT
(Lot 5, Block 28, Grantor Plat 9)
THIS GRANT OF CONSERVATION EASEMENT, made and
executed this 2094 day of November, 2019, by Sally A. Murphy, a, whose
mailing address is 10666 Eton Way, Vero Beach, FL 32963, 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 County,
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
ground cover; and
WHEREAS, in 1996, a conservation easement was recorded over
a portion of Grantor's property in favor of the County at Lot 5, Block 28, Windsor
Plat 9, recorded in Plat Book 14, Page 80C, public records of Indian River
County, Florida; and
WHEREAS, Grantor seeks to release an eight foot wide portion
(±1,420.56 sq. ft. or 0.033 acres) of that conservation easement for construction
of a dune crossover and in mitigation will add an additional ±2,600 sq. ft. or
0.060 acres to the conservation easement; and
WHEREAS, the additional conservation easement over, upon and
across the lands is depicted on the sketch and legal description attached as
Exhibit "A" and incorporated herein.
NOW, THEREFORE, Grantor, for Ten and No/100 Dollars ($10.00)
and other good and valuable consideration in hand paid to County, by these
presents does grant a conservation easement upon and across that real property
described in Exhibit "A" to County 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 County either by Code
Enforcement Board, 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 (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 County.
(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 County any of the
normal duties and obligations of the Grantor to maintain the fee simple property
in a safe condition. With prior permission of County, 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 County by
injunction or proceeding in equity or at law. This easement may be released by
the County 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 707T�day of November, 2019.
Signed in the
MINIMUM 17-fnM
STATE OF e-001DA
COUNTY OF [NJV(At1 1?1I\lF_�2
GRANTOR:
JBy: `f
Sally A. Murphy
The foregoing instrument was acknowledged before me this 20Tt-�
day of November, 2019 by Sally A. Murphy. She is personally known to me or
has produced (passport/driver's license) as
identification.
(SEAL)
APPROVED AS TO FO TV,,Q,
AND LEGAL SUFFICIEN, C
BY
WILLIAM K. 0EDFtAkL
DEPUTY COUNT` ATTORNEY
NOTARY PUBLIC,
printed n e: FAJ 14. AK)P
Commission No.: -Z(491-1
Commission Expiration—/:,
3
FAY H. PRADO
MY COMMISSION # GG 21 40 l
�'• •r o; EXPIRES: June 16, 2922
Bonded Thru Notary Public Undem
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SURVEYOR'S NOTES:
0
0
Y.BEGINNING
OASTAL CONSTRUCTION CONTROL LINE
AT BOOK 12. PAGE 35. INDIAN
/X"
p ACOUNTY. FLORIDA
\OpTRIP NOT INCLUDED
RIBED LINE
'
'PO I NT OF
o \p' p0* Z
6p . - c
s
Q
\pct
r u• i
9(p
v cs
� oZ N LINE LOT 5
Z
R �
S26�pp
MEAN HIGH WATER LINE
OF THE ATLANTIC OCEAN
I. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND
DECIMAL PARTS THEREOF.
2. THE NORTH LINE OF BLOCK 28 BEARS N 62054'43"E
AND ALL OTHER BEARINGS ARE RELATIVE THERETO.
-DATE OF,-SUR4E-Y': , AUGUST 26. 2019
SKETCH OF
DESCRIPTION
NOT A FIELD
BOUNDARY SURVEY
T I.� SzOR`
A' � ig .%AL I D WITHOUT THE SIGNATURE DAVID M. JONES
AND0816144AL RAJ ED' -SEAL OF THE FLORIDA LICENSED
SUFWEYQR &,,,yA'PlP"U NAMED. BELOW. PROFESSIONAL SURVEYOR & MAPPER
.SVVE` OR AND`'MAePER • I -N -RESPONSIBLE CHARGE
DAVtD`:M. JONE, ;PC R.- ' ENSE NUMBER LS 3909
2266 CORTEZ AVENUE
(772)567-9875 VERO BEACH. FL 32960
96-268