HomeMy WebLinkAbout2009-029 1973718 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN
RIVER CO FL , BK : 2319 PG : 761 , 02 / 09 / 2009 10 : 54 AM
Prepared by:
wjlljam K DeBr al
Y
1807-27th Stseet
Vern BeaC , FT . 3n6O
.Reis era recorded original to :
Office of General Counsel
St. Johns River Water Management District
4049 Reid Street / Highway 100 West
Palatka, FL 32177
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this &d_ day of Fahru=y , 2009 by
INDIAN RIVER OXNTY A g gTICAL SUBDIVISICN OF THE STAFran o , r
haVing an (" m avoiof the
/ 1801 27TH STREET , VERO BEACH , FL 32960
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373,
Florida Statutes, having a mailing address at 4049 Reid Street / Highway 100 West, Palatka , Florida
32177 ( "Grantee" ).
WITNESSETH :
Indian R ver
WHEREAS , Grantor solely owns in fee simple certain real property in �_ ounty,
Florida, more particularly described in Exhibit "A" attached hereto and incorporated by this reference N*
3nn= (the "Property");
WHEREAS , Grantor grants this conservation easement as a condition of permit
#4- 061 - 56415-6 issued by Grantee , solely to off-set adverse impacts to natural resources, fish and
wildlife , and wetland functions; and
WHEREAS , Grantor desires to preserve the Property in its natural condition in perpetuity;
NOW THEREFORE , in consideration of the above and the mutual covenants, terms, conditions
and restrictions contained herein , and pursuant to the provisions of section 704. 06, Florida Statutes,
Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the
Property of the nature and character and to the extent hereinafter set forth (the "Conservation
Easement"), Grantor fully warrants title to said Property, and will warrant and defend the same against
the lawful claims of all persons whomsoever.
BIC : 2319 PG : 762
1 , Purpose . The purpose of this Conservation Easement is to assure that the Property will be
retained forever in its existing natural condition and to prevent any use of the Property that will impair or
interfere with the environmental value of the Property :
2 , Prohibited Uses . Any activity on or use of the Property inconsistent with the purpose of this
Conservation Easement is prohibited . Without limiting the generality of the foregoing, the following
activities and uses are expressly prohibited :
(a) Construction or placing buildings , roads , signs , billboards or other advertising , utilities or other
structures on or above the ground .
(b ) Dumping or placing soil or other substance or material as landfill or dumping or placing of
trash , waste or unsightly or offensive materials .
(c) Removing or destroying trees , shrubs , or other vegetation .
(d ) Excavating , dredging or removing loam , peat, gravel , soil , rock or other material substances in
such a 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 such 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 , architectural , archaeological , or cultural significance .
3 . Reserved Rights . Grantor reserves unto itself, and its successors and assigns , all rights
accruing from its ownership of the Property, including the right to engage in or permit or invite others to
engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with
the purpose of this Conservation Easement .
4 . Riahts of Grantee . To accomplish the purposes stated herein , Grantor conveys the following
rights to Grantee:
BK : 2319 PG : 763
(a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to
determine if Grantor or its successors and assigns are complying with the covenants and prohibitions
contained in this Conservation Easement.
(b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and the
covenants set forth herein , to prevent the occurrence of any of the prohibited activities set forth herein ,
and require the restoration of areas or features of the Property that may be damaged by any activity
inconsistent with this Conservation Easement,
5 . Grantee's Discretion . Grantee may enforce the terms of this Conservation Easement at its
discretion , but if Grantor breaches any term of this Conservation Easement and Grantee does not
exercise its rights under this Conservation Easement , Grantee's forbearance shall not be construed to be
a waiver by Grantee of such term , or of any subsequent breach of the same , or any other term of this
Conservation Easement, or of any of the Grantee's rights under this Conservation Easement . No delay or
omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such
right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other
person or entity, to enforce the provisions of this Conservation Easement,
6 . Grantee's Liability. Grantor will assume all liability for any injury or damage to the person or
property of third parties which may occur on the Property arising from Grantor's ownership of the Property .
Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold Grantee liable for any
damage or injury to person or personal property which may occur on the Property.
7 , Acts Beyond Grantor's Control . Nothing contained in this Conservation Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property
resulting from natural causes beyond Grantor's control , including , without limitation , fire , flood , storm and
earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent,
abate or mitigate significant injury to the Property or to persons resulting from such causes .
8 . Recordation . Grantor shall record this Conservation Easement in timely fashion in the Official
Records o� County, Florida , and shall rerecord it at any time Grantee may require to
preserve its rights . Grantor shall pay all recording costs and taxes necessary to record this Conservation
BK : 2319 PG : 764
Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes
necessary to record this Conservation Easement in the public records.
9. Successors . The covenants, terms, conditions and restrictions of this Conservation Easement
shall be binding upon , and inure to the benefit of the parties hereto and their respective personal
representatives , heirs , successors and assigns and shall continue as a servitude running in perpetuity
with the Property.
IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on the day and
year first above written .
Signed , sealed and delivered GRANTOR: INDIAN RIVER r FLCR,IDA
in our presence as witnesses: BOARD
^M11 E7Y�JT �
Attest : J . K . on , er .. * ' I
Signature: Signature
TP
Printed Name : � min Gelfo Printed Name: W;M f
w ,
AND F JVP
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GRA t��, . ....
BY __- . . .
STATE OF FLORIDA Y
COUNTY OF TNDIAN RIVER
The foregoing instrument was acknowledged before me this 3r _ day of February , 200Q, by
who did not take an oa
*Wesley S . Davis , Chairman
Indian River County Notary Publi , Mate of Florida
Board of County ConmissiOners at Large.
My Commission Expires :
December 29 , 2009
Serial No . DD 827100
Personally known XX OR produced identification . Identification produced
W
rNM� ftMrt • III11 �I ftM11
IrN� ili�M A
BK : 2319 PG : 765
CORRECTIVE CONSERVATION EASEMENT LEGAL DESCRIPTION NOTES
A PORTION OF THOSE LANDS LYING IN THE SOUTHWEST ONE-QUARTER OF SECTION 1 . THIS SKETCH OF DESCRIPTION IS
NOT VALID WITHOUT THE
23 , TOWNSHIP 31 SOUTH, RANGE 38 FAST, AS RECORDED IN OFFICIAL RECORDS SIGNATURE AND THE ORIGINAL RAISED
SEAL OF THE FLORIDA
BOOK 1533, PAGE 2602, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, REGISTERED SURVEYOR AND MAPPER NAMED
HEREON .
FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2 . THIS SKETCH OF DESCRIPTION MEETS
OR EXCEEDS ALL APPLICABLE
COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SAID SOUTHWEST REQUIREMENTS OF THE MINIMUM TECHNICAL
STANDARDS AS
ONE-QUARTER AND THE WEST RIGHT OF WAY LINE OF STARBOARD STREET (A 30 ESTABLISHED IN CHAPTER 61G17 - 69
FLORIDA ADMINISTRATIVE CODE. W
FOOT WIDE RIGHT OF WAY) AS SHOWN ON THE PLAT FOR 'SEBASTIAN HIGHLANDS UNIT3. THIS SKETCH AND DESCRIPTION
AND ADJOINING PARCELS MAY BE a
13 , AS RECORDED IN PLAT BOOK 7, PAGE 82A, OF THE PUBLIC RECORDS OF INDIAN SUBJECT TO EASEMENTS,
RESTRICTIONS, RESERVATIONS, OR
RIVER COUNTY, FLORIDA; THENCE RUN SD1Y1760t "W, ALONG SAID WEST RIGHT OF WAY RIGHT-OF-WAYS NOT SHOWN AND
MAY BE FOUND IN THE
LINE, A DISTANCE OF 968.72 FEET TO A POINT ON THE SOUTHERLY PROPERTY LINE
OF THE AFORESAID LANDS RECORDED IN OFFICIAL RECORDS BOOK 1533, PAGE 2602 ; PUBUC RECORDS.
THENCE DEPARTING SAID WEST RIGHT OF WAY UNE RUN N89'39038*W, ALONG SAID 4. THE BEARINGS SHOWN HEREON ARE
BASED UPON THE WEST RIGHT coo
PROPERTY LINE, A DISTANCE OF 130. 16 FEET; THENCE CONTINUE ALONG OF WAY UNE OF STARBOARD STREET AS
RECORDED IN OFFICIAL
SAID SOUTHERLY PROPERTY LINE. S30'40005"W A DISTANCE OF 72.54 FEET FOR A RECORDS BOOK 1533 , PAGE 2602,
OF THE PUBLIC RECORDS OF
POINT OF BEGINNING; THENCE CONTINUE S30'40'05'W A DISTANCE OF 165.41 FEET INDIAN RIVER COUNTY, HAVING A BEARING
OF SOO' 17'01 "W.
TO A POINT ON THE WESTERLY PROPERTY UNE OF THE AFORESAID LANDS, SAID LINE N
ALSO BEING THE EASTERLY RIGHT OF WAY UNE OF THE St, SEBASTIAN RIVER (A 200 5. THE BASELINE AND RIGHT
OF WAY INFORMATION SHOWN HEREON
FOOT WIDE RIGHT OF WAY); THENCE DEPARTING SAID SOUTHERLY PROPERTY LINE RUN IS BASED UPON THE PLAT FOR
'SEBASTIAN HIGHLANDS UNIT 13' 3
N36'42'48"W, ALONG SAID WESTERLY PROPERTY LINE AND SAID EASTERLY RIGHT OF AS RECORDED IN PLAT BOOK 7 .
PAGE 82A, OF THE PUBLIC c6
WAY UNE, A DISTANCE OF 908.47 FEET TO A POINT LYING 53.83 FEET SOUTH OF RECORDS OF INDIAN RIVER
COUNTY, FLORIDA AND THE PHASE 3
THE EXISTING SOUTHERLY RIGHT—OF—WAY UNE OF COUNTY ROAD 512 (AS MEASURED COUNTY ROAD 512 CORRIDOR IMPROVEMENT
PLANS PREPARED FOR N
ALONG THE EASTERLY LINE OF THE ST. SEBASTIAN RIVER); THENCE DEPARTING SAID INDIAN RIVER COUNTY, BY MASTELLER,
MOLER AND REED IN THE o
EASTERLY RIGHT—OF—WAY LINE OF THE ST. SEBASTIAN RIVER, RUN 1413M19'27"E, 52 MONTH OF JULY, 2005, PROJECT
No. 9611A.
FEET SOUTH OF AND PARALLEL WITH THE EXISTING SOUTHERLY RIGHT—OF—WAY LINE 5. THE PURPOSE OF THIS SKETCH OF
DESCRIPTION IS TO CORRECT
OF COUNTY ROAD 512 (PER SHEET 90 AND 9E OF 899 OF THE PHASE 3 COUNTY THE DEED FOR THE CONSERVATION
AREA AS RECORDED ON ,
ROAD 512 CORRIDOR IMPROVEMENTS PLANS PREPARED FOR INDIAN RIVER COUNTY BY NOVEMBER 12, 20029 IN OFFICIAL
RECORDS BOOK 154uffmomm
MASTELLER, MOLER AND REED IN THE MONTH OF JULY, 2005, PROJECT N0, 9611A), 1742, OF THE PUBLIC RECORDS
OF INDIAN RIVER COUo
A DISTANCE OF 84. 11 FEET TO A POINT; THENCE RUN N13 211200E A DISTANCE OF °'
49 . 75 FEET TO A POINT LYING 31 FEET SOUTH OF THE EXISTING SOUTHERLY
RIGHT—OF—WAY LINE OF COUNTY ROAD 512; THENCE RUN N38' 19'27"E, PARALLEL LEGEND & ABBREVIATIONS
WITH AND 31 FEET SOUTHERLY OF THE SAID EXISTING SOUTHERLY RIGHT—OF—WAY
UNE OF COUNTY ROAD 5129 A DISTANCE OF 64.01 FEET TO A POINT; THENCE RUN ADDL. = ADDITIONAL
S33'37120'E A DISTANCE OF 59 .82 FEET TO A POINT; THENCE RUN N85'06'58"E A O. R. B. = OFFICIAL RECORDS
BOOK "
DISTANCE OF 83.37 FEET TO A POINT; THENCE RUN S72'52'42"E A DISTANCE OF r
P .B. = PLAT BOOK �
88. 63 FEET TO A POINT; THENCE RUN S41 '01 '36'E A DISTANCE OF 225.96 FEET TO P.I . D. = PARCEL IDENTIFICATION
A POINT; THENCE RUN S15'34'22'E A DISTANCE OF 64.62 FEET TO A POINT; THENCE P.O.B. ,� POINT OF BEGINNING
RUN SO' 19' 14"E A DISTANCE OF 108. 10 FEET TO A POINT; THENCE RUN S38' 19'48"E p O.C . = POINT OF COMMENCEMENT
$
A DISTANCE OF 357.79 FEET TO THE SOUTHERLY PROPERTY LINE AND THE POINT OF ca
PROP . - PROPERTY
a
BEGINNING. , R�W = RIGHT OF WAY 0
CONTAINING 1689204 SQUARE FEET, MORE OR LESS, 011 3.86 ACRES . i
CERTIFICATION
SU OR AN MAPP IN
RESPONSIBLE CHARGE NOT COMPLETE WITHOUT SHEET 2 OF 2.
THIS IS NOT A BOUNDARY SURVEY
MICHAEL O'BRIEN DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION
W
FLORIDA REGISTRATION No. 6119 PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
INDIAN RIVER COUNTY SURVEYOR
/ND/AN R/V£R COUNTY WAWN eyt SECTION 23 SKETCH AND DESCRIPTION OF SHEET
MAN RIVER COUNTY ApAtlNISTRAiION BUILDIN D. S/LOO �
1e40 25,n STREET .) Deportment of Pubtic Works TOWNSHIP 315. C. R. 512 - POND '£'
VERO BEACH. FL 32960 MPROVEO �'
r (»2) 567-8000 En lne0ring D1VIS10n dl. O 'BR/EN RANG ,3BE. CONSERVAT/ON AREA 2
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INDIAN RIVER COUNTY Z ci o
P.I . D. NO.
�sS 31 - 38-23- 00000- 5000 -00001 .2 � ,�1Fr
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co
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i i� ROBERT & JEANETTE DENTON P O
P.I.D. Na. m . INTERSECTION OF THE N LINE, a
31 -38- 23-00000- 5000-00001 .0 r7 �? THE SW 1 4. OF SEC 23 - 31 - 38 do I a
NOT INCLUDED °i M W R/W LINE THE W R/W LINE OF STARBOARD ST I o
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z S00' 17001 "W 968. 72kD
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_ _ _ _ _S_TARBO_A_RD STREET (30' R/W) _ _ _ _
16 1 5 14 �3 12 11 10 � 9 8 7 6 5 T 4 7 1 2 � i�
w SEBASTIAkHIG LAN UNIT 13 , I '
PER P . B . 7 , PG . 82Aui
O1 NOT COMPLETE WITHOUT SHEET 1 OF 2 .
04 NDIAN RIVER COUNTY ADMINISTRATION BUILDING ` /ND/AN NVER COUNTY DfL1N " �` SECTION 2.3 SKETCH AND DESCR/PRON
OF 52
1840 25th STREET DoSIL ON /
vERO BEACH, FL 32960 Deportment of Public Works A movED A1., TOWNSHIP JIS, C. R. 512 POND '£'
—
(772) 562- 8000 Engineering D%YIS/on Me0OBR/£N RANGE 38£. CONSERYAT/ON AREA