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IN THE RECORDS OF
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO., FLA.
GRANT OF CONSERVATION EASEMENT
AND ACCEPTANCE
DOCUMENTARY STAMPS
DEED S.74
NOTE _
1EFFRFY K.PARVIN,CLERK
INDIAN RIVEtt COUNTY
THIS GRANT OF CONSERVATION EASEMENT, made and executed this -day of August,
1999, by THOMAS H. COLLINS and GRETCHEN P. COLLINS, husband and wife, whose mailing
address is 9301 N. A -1-A, Suite 4, Vero Beach, F1.32963, hereinafter collectively referred to as Grantor,
to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is
1840 25'h 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 described in Exhibit "A"; and
v WHEREAS, the Grantee is qualified to hold a conservation easement as a political subdivision of
the State of Florida empowered to hold an interest in real property under the laws of this State and having
P adopted a clearly delineated governmental conservation policy as evidenced by the Indian River County
Comprehensive Plan Conservation Element, Policy 6.12 to preserve native plant communities in viable
D condition with intact canopy, understory, and ground cover; and
WHEREAS, the Grantee's conservation policy permits and encourages the acquisition of land and
ti conservation easements to further conservation goals, including the preservation of land; the protection of
a) a predominantly natural habitat of fish, wildlife, or plants; the preservation of open space; and the
a) preservation of a historically important land;
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WHEREAS, the Grantee believes that its stated conservation goals would be furthered by the
u Grantor's contribution of a perpetual conservation easement over a portion of the Grantor's real property,
u and that such an easement would yield a significant public benefit;
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WHEREAS, Grantor desires to convey to the Grantee a conservation easement placing certain
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0) N limitations and affirmative obligations on the Grantor's real property for the protection of wetlands, scenic,
m •.a m resource, environmental, and other values, and in order that the real property shall remain predominantly
b °" p in its natural condition forever;
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U •� M c NOW, THEREFORE, Grantor, in consideration of the Grantee's obligations to enforce the
0- - 4 aestrictions imposed by this conveyance, by these presents does grant, donate and contribute a conservation
°4 b >c 0 'easement upon and across the real property described in Exhibit "B" to Grantee which conservation
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u N U m rA "easement shall run with the land and be binding upon the owner, its heirs, successors and assigns, and
.ro O Tremain in full force and effect, enforceable by the Grantee either by injunction or proceeding in equity or
x o a`i Z;xt law, said easement specifically prohibiting any of the following activities:
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(a) construction or placing buildings, road signs, billboards or other advertising, utilities,
0 or other structures on or above the ground.
0) (b) dumping or placing of soil or other substance or material as landfill or dumping or
Q placing trash, waste, or unsightly or offensive materials.
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(c) removal or destruction of trees, shrubs, or other vegetation, except as reserved below.
(d) excavation, dredging or removal of loam, peat, gravel, soil, rock or other material
substance in such manner as to affect the surface, except with the approval of the Grantee for the purpose
of restoring or improving the natural habitat.
(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 waste 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 the foregoing restrictions, Grantor reserves for Grantor, its heirs, successors,
administrators, and assigns the following reserved rights, which may be exercised upon providing prior
written notice to Grantee, except where expressly provided otherwise:
(a) landscaping by the Grantor to prevent severe erosion or damage to the property that
is the subject of this easement or significant detriment to existing or permitted uses, and limited trimming
of vegetation, including mangroves, in order to preserve the waterway views from the servient land, is
allowed, provided that such landscaping and trimming are generally consistent with preserving the
predominantly natural condition of the property that is the subject of this easement and permitted by
jurisdictional agencies.
(b) the right to engage in any passive recreational activities uses that not detrimental to
the health of the ecological system. No written notice is required.
(c) the right to maintain existing roads, trails or walkways. Maintenance shall be limited
to: removal or pruning of dead or hazardous vegetation; application of permeable materials (e.g., sand,
gravel, crushed) necessary to correct or impede erosion; grading; replacement of culverts, water control
structures, or bridges; and, maintenance of roadside ditches.
(d) the right to engage in all acts or uses not prohibited by the restrictions, and which are
not inconsistent with the conservation purposes of this grant, the preservation of the property that is the
subject of this easement predominantly in its natural condition, and the protection of its environmental
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systems.
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Notwithstanding any provision to the contrary herein contained, Grantee has the right to enter theCD
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conservation easement for management purposes at reasonable times and with reasonable notice to the
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Grantor. This conservation easement shall not be interpreted as extending access rights to the general
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public for any purpose, and not be interpreted as extending access rights to the Grantee's agents other than
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for management of the conservation easement.
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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 not be transferred to another organization unless the
transferee organization is also an eligible organization under Treasury Reg. 1.170A -14(c)(1) or similar
provision of Federal law, and unless the donee organization, as a condition of the subsequent transfer,
requires that the conservation purposes which this contribution was originally intended to advance continue
to be carried out. This easement may be enforced by the Grantee by injunction or proceeding in equity
or at law. This easement shall be recorded and indexed in the same manner as any other instrument
affecting the title to real property.
In the event that changed conditions render impossible the continued use of the property that is the
subject of this easement for the conservation purposes, this easement may only be extinguished, in whole
or in part, by judicial proceeding. In the event that all or a portion of this the property that is the subject
of this easement is sold, exchanged, or involuntarily converted following an extinguishment or the exercise
of eminent domain, Grantee shall be entitled to the fair market value of this easement. The parties stipulate
that the fair market value of this easement shall be determined by multiplying the fair market value of the
property that is the subject of this easement unencumbered by this easement (minus any increase in value
after the date of this grant attributable to improvements) by the ratio of the value of this easement at the
time of this grant to the value of the property that is the subject of this easement (without deduction for the
value of this easement) at the time of this grant. The values at the time of this grant shall be the values
used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant
to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction).
Grantee shall use its share of the proceeds in a manner consistent with the purposes of this easement.
This easement may be amended, but only in a writing signed by all parties hereto, and provided
such amendment does not affect the qualification of this easement or the status of the Grantee under any
applicable laws, including § 170(h) of the Internal Revenue Code, and is consistent with the conservation
purposes of this grant.
Grantor hereby covenants that it is lawfully seized of said servient land in fee simple, and that it
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has good right and lawful authority to convey the easements hereby established, and will defend the same
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against the lawful claims of all persons whomsoever.
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IN WITNESS WHEREOF, Grantor and Grantee have executed this easement on the date written
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above. By its execution and acceptance of this easement, Grantee accepts the conditions and rights of
enforcement herein.
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