HomeMy WebLinkAbout2007-073A/B 1856523 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN
RIVER CO FL , BK : 2182 PG : 133 , 07 / 06 / 2007 12 : 59 PM DOC STAMPS D $ 61320 . 00 A /AO to
Conservation Easement
( Conservation Easement II — West)
a THIS CONSERVATION EASEMENT (" Conservation Easement" ) is given this
(� day of 2007 , by Ralph W . Sexton , joined by his spouse Janet
Christine Sexton , Individually and as Trustee of the Ralph W. Sexton Revocable Living
Trust dated 12/24/97 ("Trustee") whose address is P . O . Box 2187 , Vero Beach , Florida ,
32961 or , for certified mail or " overnight" courier service , 695 SW U . S . Highway 1 , Vero
Beach , Florida 32960 (" Grantor") to Indian River County, a political subdivision of the
State of Florida , c/o Community Development Department , 1840 25th Street , Vero
Beach , Florida 32960 (" Grantee" ) .
The parties agree as follows :
WITNESSETH
WHEREAS , the Grantor is the owner of certain lands situated in Indian River
County , Florida , hereinafter referred to as the " Property , " more specifically described in
Exhibit "A" attached hereto and incorporated herein by this reference ; and
WHEREAS , the Property possesses natural , scenic , open space , and agricultural
values (collectively , " Conservation Values ") of great importance to Grantor, Grantee , and
the people of Indian River County ; and
WHEREAS , the specific Conservation Values of the Property are documented as
Cn part of the " Baseline Documentation , " a summary of which is attached hereto and
incorporated herein as Exhibit " B . " The complete Baseline documentation report shall be
w prepared prior to closing and agreed to by both Grantor and Grantee as an accurate
N X: representation of the Property at the time of this grant and is intended to serve as an
objective information baseline for monitoring compliance with the terms of this
PQ Conservation Easement ; and
ti 0
WHEREAS , Grantor intends , as more specifically set forth in this Conservation
Easement that : the Conservation Values of the Property be preserved and maintained in
400 perpetuity ; including those relating to farming , ranching , and low density residential
existing at the time of this grant , or otherwise provided herein ; that do not significantly
0 0 impair or interfere with those values ; and the wetlands and woodlands identified on the
W ` 1 Map attached hereto as Exhibit " C " and incorporated herein by this reference be protected
0 and conserved in perpetuity ; and
v
c� a
WHEREAS , Exhibit " B" and Exhibit "C " include the land area applicable to this
Conservation Easement and also to Conservation Easement I East , a separate
conservation easement to be granted to Grantee simultaneously with this Conservation
Easement from a separate grantor. For the purposes of this Conservation Easement , the
W references in Exhibits " B " and " C shall apply only to the land described in Exhibit "A" ; and
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WHEREAS , the Grantee is acquiring this Conservation Easement in accordance
with the provisions of the Indian River County Environmental Lands Program guidelines
and requirements to preserve agricultural operations in Indian River County ; and
WHEREAS , Grantor and Grantee agree that this Conservation Easement is
intended to be a " conservation easement" within the meaning of Florida Statutes section
704 . 06 (2006) .
NOW, THEREFORE , Grantor hereby grants , creates , and establishes a perpetual
conservation easement upon the Property described in Exhibit 'A " which shall run with the
land and be binding upon the Grantor, its successors and assigns .
1 . Purpose ,
This Conservation Easement has two purposes : ( 1 ) to terminate the development
rights (except as reserved herein ) to enable the Property to remain in agriculture and
silviculture uses for the current and future production of food , fiber, and other related
activities and to prevent any use of the Property that significantly impairs or interferes
with the Property ' s long -term permitted use as defined in Paragraph 8 herein ; and ( 2 ) to
conserve and protect the long -term viability of the Property ' s wetlands and woodlands
as designated in Exhibit " C " subject to the retained rights and permitted uses specified
in this Conservation Easement (the foregoing purposes collectively hereinafter
referenced as " Purpose ") .
2 . Definitions .
(a ) . As used in this Conservation Easement , the terms " Grantor" or "owner "
include the original Grantor, its successors and assigns , all future owners of any legal or
equitable interest in all or any portion of the Property , and any party entitled to the
possession or use of all or any part thereof; and the term " Grantee" includes the original
Grantee (s ) and its successors and assigns . If the Property is divided into New "Tax
Parcels and transferred , as provided in this Conservation Easement , and events occur
with respect to a transferred portion of the Property that cause Grantee to invoke
paragraphs 15 (c) , 16 , 19 , 20 , 22 , or 30 (c) , Grantee's rights and remedies shall be limited
to the transferred portion of the Property and the owner of such transferred portion .
Similarly , if events occur with respect to the retained portion of the Property that cause
Grantee to invoke Paragraphs 16 , 19 , 20 , 22 , or 30 ( c) , Grantee 's rights and remedies shall
be limited to the retained portion of the Property and the owner of such retained portion .
( b) . The term "Sound Agricultural Practices" shall be the same and be as defined
and described in the current " Best Management Practices " publications of the Florida
Department of Agriculture and Consumer Services , to the extent such publications exist
and the outlined practices are applicable to the agricultural , ranching , and silviculture
activities on the Property ; and provided such Sound Agricultural Practices do not adversely
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affect the long -term viability of the wetlands and woodlands identified in Exhibit " C . " , and
are consistent with this Conservation Easement. To the extent that such publications do
not exist and the outlined procedures are not applicable , the term " Sound Agricultural
Practices" shall mean those practices necessary for on -farm production , preparation , and
marketing of agricultural commodities , provided such practices are legal , necessary , and
do not cause bodily harm or property damage off the Property , are consistent with this
Conservation Easement, and do not adversely affect the long -term viability of the wetlands
and woodlands identified in Exhibit " C . "
3 . Rights of Grantee .
To accomplish the Purpose of this Conservation Easement , the following rights
are conveyed to Grantee :
( a) . Subject to the Grantor' s right to farm the Property using Sound Agricultural
Practices , to preserve and protect the Conservation Values of the Property ;
( b) . To enter upon the Property at reasonable times and upon reasonable prior
notice (48 hours ) to the Grantor to engage in activities consistent with this Conservation
Easement , to monitor Grantor' s compliance with this Conservation Easement , and to
otherwise enforce the terms of this Conservation Easement ; provided that Grantee shall
not unreasonably interfere with Grantor' s right to farm , use , and quiet enjoyment of the
Property ;
(c) . To prevent any activity on , or use of, the Property that is inconsistent with
this Conservation Easement ; and
(d ) . To require the restoration of any areas or features of the Property that may
be damaged by any inconsistent activity or use contrary to Sound Agricultural Practices
or to this Conservation Easement,
4 . Extinguishment of Development Rights .
Except as otherwise reserved to the Grantor in this Conservation Easement , all
development rights appurtenant to the Property are hereby forever released ,
terminated , and extinguished , and may not be used on or transferred to any portion of
the Property as it now or hereafter may be bounded or described , or to any other
property adjacent or otherwise , or used for the purpose of calculating permissible
development density of the Property or any other property .
5 . Grantor' s Reserved Rights .
( a ) . Notwithstanding any provisions of this Conservation Easement to the
contrary, Grantor reserves all customary rights and privileges of ownership , including the
right of exclusive use , possession , and enjoyment of the Property ; the rights to sell ,
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BK : 2182 PG : 136
lease , and devise the Property ; and any other rights consistent with this Conservation
Easement and not specifically prohibited or limited by this Conservation Easement .
Unless otherwise specified in this Conservation Easement, nothing in this Conservation
Easement shall require Grantor to take any action to restore the condition of the Property
after any Act of God . Nothing in this Conservation Easement relieves Grantor of any
obligation with respect to the Property or restriction on the use of the Property imposed by
law. This Conservation Easement does not grant any rights not specifically set forth
herein .
( b) . Nothing contained in this Conservation Easement shall give or grant to the
public a right to enter upon or to use the Property or any portion thereof where no such
right existed in the public immediately prior to the execution of this Conservation
Easement , except as set forth in this Conservation Easement .
( c) . Subject to the limitations set forth in this Conservation Easement , Grantor
has the right to produce crops , livestock and livestock products and conduct farm
operations as defined under Florida Statutes section 823 . 14 ( 3 ) ( b) , or such successor
law as is later promulgated , which includes but is not limited to the right to establish ,
reestablish , maintain , and use cultivated fields , groves , sod farms , pastures , woodlands ,
raising berries , tomatoes , citrus , other fruit or vegetable crops , and silviculture in the
areas not identified as wetlands or woodlands on Exhibit " C . " Grantor has the right to
graze cattle , goats , sheep , horses , and free range chickens including the use of the
wetlands and woodlands shown on Exhibit " C . " Grantor has the right to continue the
practice of cultivating and maintaining forages , legumes , and seasonal crops for the
benefit of cattle production on the entire Property in a manner not detrimental to the
long-term viability of the wetlands and woodlands shown on Exhibit " C . " . The foregoing
farming practices shall be carried out in accordance with Sound Agricultural Practices
as defined herein . In addition , Grantor has the right to process , package and distribute
farm products substantially grown on the Property and to operate otherwise lawful and
customary rural and agriculturally- related enterprises , such as , but not limited to farm
machinery repair and cottage industries within the farmstead , subject to the limitations
set forth in this Conservation Easement .
(d ) . Grantor may replant lost trees in the woodlands area as shown on Exhibit
"C " for non -commercial purposes . Grantor may maintain and operate a food stand to
sell crops and products substantially grown on the Property .
(e) . Grantor retains the right to use the Property for otherwise lawful
recreational uses , including , but not limited to , hunting and fishing , subject to the
limitations set forth in this Conservation Easement .
(f) . Grantor has the ability to use the Property , or a portion thereof
encompassing entire separately deeded parcels , as collateral for a subsequent
borrowing , provided that Grantor shall obtain a written , recordable instrument from any
such lender or mortgagee , that acknowledges that the Property , or portion thereof , is
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BK : 2182 PG : 137
encumbered by this Conservation Easement and that any mortgage is subordinate to
the Conservation Easement and any mortgagee in possession shall be bound by this
Conservation Easement as a successor in interest to Grantor.
6 , Prohibited Uses .
Unless expressly authorized in accordance with this Conservation Easement , the
following are prohibited activities on the Property :
(a) . Construction or placing of signs , billboards or other advertising , or other
advertising structures on or above the ground , except those signs relating to agricultural
practices and sale of agricultural products .
(b) . Dumping or placing of soil or other substance or material as landfill or
dumping of trash , waste , or unsightly or offensive materials except when exercising Sound
Agricultural Practices related to cattle , farming , and other agricultural uses .
(c) . Activities detrimental to drainage , flood control , water conservation , erosion
control , soil conservation , or fish and wildlife habitat preservation except when exercising
Sound Agricultural Practices or in restoration of wetlands .
(d ) . Act or uses detrimental to such retention of land or water areas in their
existing natural condition .
(e) . Acts or uses which eliminate sites or properties of historical , archaeological ,
or cultural significance within the farmstead . Historic Structures as hereinafter defined shall
be preserved , rehabilitated and restored consistent with the terms of this Conservation
Easement.
(f) . Alteration of the Property except in compliance with this Conservation
Easement and when exercising Sound Agricultural Practices .
(g) . The keeping of pigs or hogs ; meat processing ; wireless telecommunication
tower facilities ; or large scale chicken operations .
( h ) . Commercial uses other than those specified in this Conservation Easement .
7 . No Public Access .
No right of access by the general public to any portion of the Property is conveyed
by this Conservation Easement ; provided , however, Grantor will allow bird watching or
other such outings on this Conservation Easement and the East Conservation Easement a
total of four (4) times each year by members of the public under conditions determined by
the Grantor.
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BK : 2182 PG : 138
8 , Permitted Uses .
Current uses of the Property as reflected in the Baseline Documentation as set
forth in Exhibit " B " are permitted by this Conservation Easement . The following uses are
permitted uses under this Conservation Easement :
(a ) . Ranching . Ranching , including as currently practiced on the Property , is a
permitted use provided it is consistent with Sound Agricultural Practices .
(b ) . Farming , agriculture and silviculture . Grantor has the right to establish ,
reestablish , and maintain the following agriculture and silviculture uses , only on areas of
the Property outside of all woodlands and wetlands on Exhibit " C " : ( i) production of crops
including cultivated fields , groves , and pastures ; ( ii) sod farming ; ( iii) silviculture ; ( iv) apiary ,
(v) wholesale nursery ; and (vi) other Sound Agricultural Practices authorized by law and
not prohibited herein . However, on the entire Property , Grantor may graze cattle , goats ,
sheep , horses , and free range chickens including use of the wetlands and woodlands
shown on Exhibit " C . " Grantor has the right to continue the practice of cultivating and
maintaining forages , legumes , and seasonal crops for the benefit of cattle production on
the entire Property , including the wetlands and woodlands as shown on Exhibit " C " .
(c) . Farmstead . Grantor may also establish , without the approval of Grantee ,
one ( 1 ) ten ( 10) acre Farmstead use on the Property . The Farmstead shall be located as
identified on Exhibit "C , " and specifically described on Exhibit " D . " With the prior written
approval of Grantee , the Farmstead may be relocated on the Property . In such event , the
Grantor shall prepare and provide to the Grantee a revised legal description of the
relocated Farmstead (" Revised Exhibit " D ") , and Revised Exhibit " D " shall be recorded r + s
an allowed amendment to this Conservation Easement . The Farmstead shall be limited to
uses necessary for and accessory to the ranching , farming , groves , agriculture , and
forestry operations on the Property , and ( ii ) the storage of equipment used for operations
on the Property . The Farmstead may contain residential uses such as caretaker and
security housing . Grantor may utilize or improve existing structures or construct new
buildings , structures , and impervious improvements for such purposes . No other
Farmsteads may be located on the Property other than the Farmstead identified on Exhibit
D or Revised Exhibit " D " , and the subdivision of the Property does not create any rights to
establish Farmsteads other than the Farmstead identified in Exhibit D or Revised Exhibit
„ D „
(d ) . Recreation and open space . Grantor has the right to use the Property for
otherwise lawful recreational uses , including , but not limited to , hunting and fishing , biking ,
hiking , wildlife viewing , and other passive recreational uses . The maintenance of open
space areas of the Property not in any specific use is permitted .
(e) . Single family residential . A total of two (2 ) single -family residences (each . -j
" Residence" and collectively herein referenced as the " Residences ") on five ( 5 ) acres
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BK : 2182 PG : 139
each may be located on the Property . The Residences shall be located on the five ( 5 )
acre parcels described on Exhibits " E " and " E- 1 " and reflected on Exhibit " C " (each , a
" Residence Parcel " and collectively herein referenced as the " Residence Parcels ") . i he
parties acknowledge and agree that , with the prior written approval of Grantee , one or both
of the Residence Parcels may be relocated on the Property. In such event, the Grantor
shall prepare and provide to the Grantee a revised legal description of the relocated
Residence Parcel (" Revised Exhibit " E" or Revised Exhibit " E- 1 " , as applicable) , and the
Revised Exhibit E" or Revised Exhibit " E. 1 " , as applicable , shall be recorded as an
allowed amendment to this Conservation Easement . The parties acknowledge and agree
that the Residence Parcels may be submitted separately at any time to Indian River
County for approval under this Conservation Easement , Each Residence Parcel is subject
to approval by Indian River County in accordance with all then applicable subdivision
requirements for parcels of five ( 5 ) acres . Each Residence shall be subject to all then
applicable development , building , and zoning requirements and restrictions . Uses related
and accessory to any Residence may be established , provided such uses comply with all
then applicable development , building , and zoning requirements and restrictions . Upon
the Grantor notifying the Grantee of the decision to build a Residence , Grantee shall
release two (2) acres of the applicable Residence Parcel from this Conservation Easement
encumbrance without additional charges or compensation . If required by the Indian River
County Property Appraiser , Grantor shall provide a sketch and legal description of the
applicable released two (2) acres . Thereafter, a Residence Parcel may be conveyed by
Grantor, with two (2) acres released from the Conservation Easement (" Released
Parcel ") and the remaining three (3 ) acres subject to this Conservation Easement
(" Encumbered Parcel ") . The parties acknowledge and agree that there will be two ( 2 )
Released Parcels and two (2 ) Encumbered Parcels hereunder. The parties intend that a
Released Parcel could be used for the home site with appurtenant structures within the
entire applicable Residence Parcel . A pond can be dug within the area of mi
Encumbered Parcel if allowed by applicable Indian River County Codes in effect at the
time application is made . No other single family residences may be located on the
Property other than the Residences identified in Exhibit " C " .
9 . Allowed Transfers .
(a) . As of November 14 , 2006 , the Property consists of two (2 ) tax parcels
bearing the following ID numbers : 32 -38-26-00000- 1000-00001 . 0 and 32-38- 36-00000
3000- 00002 . 0 . The parties acknowledge and agree that tax parcel #32-38 -36-00000- 3000
00002 . 0 East of 82n6 Avenue shall be treated as one of four separate tax parcels . The
parties acknowledge and agree that the tax parcel west of 82nd Avenue j32-38-26 -00000
1000-00001 . 01 may be divided into three ( 3) parcels as physically divided by existing
Sebastian River Water Control District east-west canal rights of ways as follows : ( 1 ) the
north parcel containing approximately 80 acres , (2 ) the middle parcel containing
approximately 160 acres , and (3 ) the southern parcel containing the balance , all subject to
the Survey as such term is defined in the Option Agreement for Purchase and Sale of
Conservation Easements between the parties dated December 7 , 2006 (such parcels for
purposes of this Conservation Easement sometimes herein collectively referenced as
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BK : 2182 PG : 140
" New Tax Parcels") . The parties further acknowledge and agree that : ( a) the Grantor
intends to apply for a separate tax parcel ID number for each of the Residence Parcels ,
and (b) the Indian River County Property Appraiser has the ability to create two (2)
separate internal " land records " to track the Released Parcel and the Encumbered
Parcel within the same tax parcel ID number as assigned to each of the Residence
Parcels . For the purposes of this Conservation Easement , the term " Property" shall be
deemed to include the Encumbered Parcels and any of the four New Tax Parcels allowed
to be created under this paragraph 9a ,
(b) . The Property and Residence Parcels allowed in this Conservation Easement
may be sold or leased separately to a third party or third parties as long as the Property
shall remain viable for agricultural use as set forth in this Conservation Easement and
subject to this Conservation Easement . Any such sale or lease shall not include the right
to construct any new habitable or commercial structures , or relocate any existing habitable
or commercial structures , except as otherwise permitted by this Conservation Easement
Any instrument of deed , lease , or transfer allowed under this paragraph shall contain a
specific reference to this Conservation Easement , as recorded , so that all purchasers ,
lessees , or transferees allowed under this paragraph are on notice of the immediately
foregoing prohibition on construction . Any subdivision , recording of a subdivision plan ,
partition , or any other attempt to internally or externally divide the Property , other than as
specifically allowed in this Conservation Easement , is prohibited .
10 . Buildings and improvements .
Grantor may undertake construction , erection , installation , removal , or placement of
buildings , structures , or other improvement to the Property only as provided in this
Conservation Easement and set forth below.
(a ) . Fences . Existing fences may be repaired , removed , and replaced , and new
fences may be built on the Property for purposes of reasonable and customary
management of livestock and wildlife and to prevent trespassing on the Property .
( b) . _Existing Agricultural Structures and Improvements . Subject to paragraph
10 (d ) below existing agricultural structures and improvements may be repaired , removed ,
enlarged , and replaced at their current locations , as shown on the Baseline
Documentation .
(c) . New Agricultural Structures and Improvements without Permission of
Grantee . Grantor may construct new buildings , structures , and impervious improvements
including roads and parking areas within the Farmstead , provided such improvements
shall be limited to those necessary for and accessory to the ranching , farming , agriculture
and forestry operations on the Property , including ( i ) the production , storage or sale of
products or by-products of the Property ; ( ii) the storage of equipment used for operations
on the Property; ( iii) caretaker and security housing ; and ( iv) those buildings that support
the Permitted Uses and Rights Reserved to Grantor set forth in this Conservation
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BK : 2182 PG : 141
Easement. Outside of the Farmstead , and without permission of the Grantee , only rion
residential agricultural structures may be constructed by Grantor as long as they do riot
exceed an aggregate footprint of one ( 1 % ) percent of the Property . If the Property is
divided , the one ( 1 % ) percent shall be prorated among the four (4) parcels , consisting of
the Property and the New Tax Parcels .
(d ) . Historic Structures . Within the farmstead Grantor has applied to the Florida
Bureau of Historic Preservation for designation of a State Heritage Site of the existing
barn , dipping vat and cow pens ( herein collectively " Historic Structures ") . The Historic
Structures may also qualify for inclusion in the National Register of Historic Places , The
Historic Structures are currently being actively used and Grantor shall continue Permitted
Uses of the Historic Structures during the term of this Conservation Easement . Grantor
further intends to preserve , rehabilitate , restore or reconstruct the Historic Structures with
the intent of preserving the Historic Structures consistent with Code of Federal Regulations
Title 36 Part 68 .
(e) . Existing Recreational Improvements . All existing recreational
improvements , if any , may be repaired , enlarged to a total footprint of 600 square feet , or
replaced at their current locations , which are shown on the Baseline Documentation .
(f) . New Recreational Improvements . New non - habitable recreational
improvements may be located within the Farmstead . Any one or more new recreational
improvements proposed for locations outside the Farmstead that exceed an aggregate
footprint of 600 square feet may be located only with the advance written permission of
Grantee. Under no circumstances shall athletic fields , golf courses or ranges , commercial
airstrips , commercial helicopter pads or any other similar recreational improvements , or
any other improvements that are inconsistent with this Conservation Easement ,
significantly disturb the farm soils , or otherwise adversely affect the permitted ranching .
agricultural , forestry , residential and recreational uses on a continuing basis be allowed on
the Property .
(g ) . Utility Services and Septic Systems . Wires , lines , pipes , cables or other
linear facilities providing electrical , gas , water , sewer , communications , or other utility
services to the improvements permitted in this Conservation Easement may be installed ,
maintained , repaired , removed , relocated and replaced in and outside of the Farmstead ,
and Grantor may grant easements over and under the Property for such purposes . Septic
or other underground sanitary systems serving the improvements permitted herein may be
installed , maintained , repaired , or improved in accordance with applicable law, regulation ,
and ordinance .
( h) . Roads . Grantor may construct impervious roads for residential driveways
and access to the Farmstead . Access to other permitted improvements , and access to
conduct other activities permitted by this Conservation Easement shall be permeable
roads . Existing roads are approved and may be maintained .
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BK : 2182 PG : 142
( i) . Ancillary improvements . Without permission from Grantee , other
improvements , including , but not limited to facilities for non-commercial generation and
transmission of electrical power, farm related windmills , and detached solar arrays may be
built within the Farmstead . Such improvements may be built outside the Farmstead only
with the prior written permission of Grantee , pursuant to Paragraph 14 .
(j ) . Customer Home Occupations or Cottage Industries . Grantor has the
right to establish and carry out home occupations or cottage industries provided said
activities are compatible with this Conservation Easement and agriculture and
silviculture uses of the Property . Examples of customary home occupations or cottage
industries are without limitation , professional offices within the home , bed and
breakfasts , crafts production , and firewood distribution . Enterprises which mafkcrt
petroleum or chemical products are prohibited . The land on which these structures
stand shall not be subdivided from the Farmstead .
11 . Government Requirements .
All provisions of this Conservation Easement , including but not limited to uses
and improvements , are subject to all applicable federal , state , regional , and Indian Rivc" r
County governmental requirements .
12 . Water Rights ; Maintenance and Improvement of Water Sources .
Grantor retains and reserves the right to use any appurtenant water rights sufficient
to maintain the agricultural productivity of the Property . Grantor shall not transfer ,
encumber, lease , sell or otherwise sever such water rights from title to the Property itself .
Without altering the long -term viability of the existing wetlands , Grantor maintains the right
to use , maintain , establish , construct , and improve water sources , water courses , and
water bodies within the Property for the uses permitted by this Conservation Easement ,
provided that Grantor does not significantly impair or disturb the natural course of the
surface water drainage or runoff flowing over the Property. Grantor may alter the natural
flow of water over the Property in order to improve drainage of agricultural soils , redLwe
soil erosion , provide irrigation for the Property , or improve the agricultural or forest
management potential of the Property, provided such alteration is consistent with Sound
Agricultural Practices , this Conservation Easement , and is carried out in accordance mh
all applicable State , local , and federal laws and regulations .
13 . Mining and On -Site Extractive Activity .
Exploration for, or development , storage and extraction of, top soil (except sod
farming ) , sand , gravel , minerals and hydrocarbons on or from the Property by any method
is prohibited ; provided , however , Grantor may remove sand and gravel on the Property ,
provided said removal : (a ) is limited and localized in impact , affecting no more than tv, o
acres of the Property per year at one time ; ( b ) does not conflict with this Conservation
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BK : 2182 PG : 143
Easement ; (c) is reasonably necessary for , and incidental to , carrying out the
improvements and agricultural production uses permitted on the Property by this
Conservation Easement ; and , (d ) outside of the wetlands and woodlands identified in
Exhibit " C . "
14 . Permission of Grantee .
Where Grantor is required to obtain Grantee' s permission for a proposed action
hereunder , said permission shall be requested in writing . Grantor' s request shall include
building plans identifying the use , footprint , and total square footage of any proposed
structures , and related survey information , if available . Grantee reserves the right to
request from Grantor , in writing , any additional information reasonably required to assist
in Grantee ' s evaluation of the request . Grantee shall grant permission unless it
determines that such proposed action would violate this Conservation Easement . Grantee
shall respond in writing within forty-five (45 ) days of receipt of the Grantor' s written
request. Permission by the Grantee does not replace other governmental approvals .
including , but not limited to , Indian River County approvals .
15 . Ongoing Responsibilities of Grantor and Grantee .
Other than as specified herein , this Conservation Easement is not intended
to impose any legal or other responsibility on Grantee , or in any way to affect
any
obligations of Grantor as owner of the Property , including , but not limited to , the following :
(a) . Taxes . Grantor shall be solely responsible for payment of all taxes and
assessments levied against the Property . If the Grantor becomes delinquent in payment
of taxes the Grantee , at its option , shall have the right to take such actions as may be
necessary to protect the Grantee ' s interest in the Property and to assure the continued
enforceability of this instrument and to recover all of its costs including reasonable
attorney 's fees . If, as a result of such actions , Grantee ever pays any taxes or
assessments on Grantor' s interest in the Property , Grantor will promptly reimburse
Grantee for the same .
(b) . Upkeep and Maintenance . Grantor shall be solely responsible for the
upkeep and maintenance of the Property , to the extent required by law and this
Conservation Easement . Grantee shall have no obligation whatsoever for the upkeep or
maintenance of the Property .
(c) . Liability and Indemnification . Subject to paragraph 2 (a) , Grantor agrees to
indemnify and hold Grantee harmless from any and all costs , claims or liability , including
but not limited to reasonable attorneys fees arising from any personal injury , accidents ,
negligence or damage relating to the Property owned by Grantor , or any claim thereof ,
unless solely due to the negligence of Grantee or its agents , in which case liability shall
be apportioned accordingly . Pursuant to Florida Statutes section 704 . 06 ( 10 ) (2006 ) , the
ownership or attempted enforcement of rights held by Grantee does not subject the
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BK : 2182 PG : 144
Grantee to any liability for any damage or injury that may be suffered by any person oil
the property or as a result of the condition of the Property encumbered by a
Conservation Easement . Further, nothing in this Conservation Easement shall be
deemed or construed as a waiver of the sovereign immunity of Indian River County as
Grantee .
16 . Enforcement.
(a) Subject to paragraph 2 (a) , if Grantee determines that a violation of this
Conservation Easement has occurred , Grantee shall notify Grantor in writing , setting forth
with particularity the violation and give Grantor forty-five (45) days to cure the violation ;
provided , however, that the Grantor shall not be deemed to be in violation with respect to
matters that cannot reasonably be cured within forty-five (45 ) days so long as within Such
forty-five (45 ) day period , the Grantor provides a reasonable plan to Grantee to curd the
violation , and thereafter timely commences such cure and diligently proceeds to complete
the same thereafter. Notwithstanding the foregoing , where Grantee in Grantee 's sole
discretion determines that an ongoing or threatened violation could irreversibly diminish Or
impair this Conservation Easement, Grantee may bring an action to enjoin the violation ,
ex parte if necessary , through temporary , permanent , or mandatory injunction .
(b ) . In addition to injunctive relief, Grantee , subject to paragraph 2 (a ) , shall be
entitled to seek the following remedies in the event of a violation : ( 1 ) Money damages ,
including damages for the loss of the resources protected under the Conservation
Easement ; and (2 ) restoration of the Property to its condition existing prior to such
violation at the sole cost of Grantor, provided changes in condition are not caused by
Acts of God . Said remedies shall be cumulative and shall be in addition to all remedies,
now or hereafter existing at law or in equity . The failure of Grantee to discover ,)
violation or to take immediate legal action shall not bar Grantee from doing so at a later
time . The remedies will include Grantee ' s right to levy and execute on any Court
awarded damages to sell Grantor' s encumbered fee simple interest at public sale . In
any case where a court finds that a violation has occurred , Grantor shall reimburse
Grantee for all expenses incurred by Grantor in stopping and correcting the violation ,
including , but not limited to , reasonable attorneys ' fees . In any case where a court finds-
no
indsno violation has occurred , Grantee shall reimburse Grantor for the same .
(c) . Paragraph 16 is enforceable against the fee owner of the tax parcel < znd
not the original Grantor if the Property has been sold prior to the violation .
17 . Transfer of Conservation Easement .
Without the approval of Grantor , Grantee shall have the right to transfer this
Conservation Easement to any private non -governmental organization or public agency
that , at the time of transfer is a "qualified organization " under Section 170 ( h ) of the
Internal Revenue Code of 1986 , as amended , provided the transferee expressly agrees
to assume the responsibility imposed on Grantee by this Conservation Easement .
12
BK : 2182 PG : 145
18 . Transfer of Property .
Except for the Released Parcels set forth in Paragraph 8 (e ) , any subsequent
conveyance , including , without limitation , transfer , lease or mortgage of Parcels of the
Property , shall be subject to this Conservation Easement , and any deed or other
instrument evidencing or effecting such conveyance shall contain language substantially
as follows : "This {conveyance , lease , mortgage , easement , etc . } is subject to a
Conservation Easement which runs with the land and which was granted to Indian River
County by instrument dated s -Zoog , and recorded in the office of the Clerk of Indian
River County at Official Record Book 2182 Page 133 Grantor shall notify Grantee in
writing at least thirty (30 ) days before conveying the Property , or any part thereof or
interest therein , to any third party . The failure to notify Grantee or to include said
language in any deed or instrument shall not , however, affect the validity or applicability
of this Conservation Easement to the Property or limit its enforceability in any way .
Failure to include in any deed or other interest affecting conveyance the language required
by this paragraph shall give grantee all rights and remedies at law or equity , including the
right to void the transfer.
19 . Grantee ' s Right to Purchase .
Pursuant to Indian River County ' s Land Acquisition Manual dated September
2004 , the Grantor and Grantee acknowledge that Grantee shall have the right to
purchase Grantor' s interest in the Property where Grantor has failed to maintain sixty
percent (60%) or more of its acreage in agriculture as set forth in this Conservation
Easement for any continuous five ( 5 ) year period of time . Grantor and Grantee
acknowledge that there may be multiple Grantors and that the right to purchase applies
only to the interest of the Grantor failing to maintain 60 percent (60 % ) or more of its
acreage in agriculture as set forth in this Conservation Easement for any continuous five
(5) year period . In such event , and in addition to its remedies under Paragraph 16 ,
Grantee may , but shall not be obligated to , purchase Grantor' s fee simple interest in
the Property , as encumbered by the Conservation Easement , at the appraised value
of the encumbered fee , determined in accordance with Florida Statutes section
125 . 355 . In the event Grantee acquires the fee interest in the Property , this
Conservation Easement shall not merge into the fee simple estate , and Indian River
County as Grantee covenants to take all necessary steps to assure that the estates do
not merge .
20 . Rift of Notice of Intent to Sell .
The terms of this right are such that , subject to paragraph 2 ( a ) , if Grantor intends
to sell the Property , or any interest therein or portion thereof, Grantor shall timely delivc r
to Grantee written notice of such intent , and shall , in good faith , afford Granted an
opportunity to negotiate the acquisition of the Tax Parcel , or such portion thereof or
interest therein that Grantor intends to sell . Notwithstanding the foregoing , Grantor � nd
Grantee acknowledge and agree that Residence Parcels are specifically excepted fror11
all of the provisions of this paragraph . If Grantee desires to negotiate the acquisition of
the Tax Parcel , or such portion thereof or interest therein , Grantee shall so notify
Grantor in writing within 30 days after receipt of Grantor' s notice of intent . If GrLintor
13
BK : 2182 PG : 146
and Grantee are unable , in good faith , to agree to terms of an acquisition of the lax
Parcel , or such interest therein or portion thereof as applicable , within 120 calendar
days , Grantor shall send written notice thereof to Grantee (" Paragraph 20 Notice " ) .
Thereafter , Grantor may sell the Tax Parcel free of the right granted herein ; provided ,
however , that closing on such sale shall occur within one year of the date of the
Paragraph 20 Notice . Notwithstanding the foregoing , Grantee may avail itself of all of
its remedies hereunder should Grantee disagree with the Paragraph 20 Notice . If the
Tax Parcel , or such portion thereof or interest therein as is applicable , has not sold
within one year after Grantee ' s notice to Grantor that Grantee does not intend to
negotiate acquisition of the property or within one year after failure to reach agreernent
to terms of an acquisition , then any intent to sell the Property thereafter shall require
renewed notice to Grantee . This right of notice shall not be triggered by sales or
transfers between Grantor and lineal descendants of Waldo Sexton (the " Sextons " ) or
entities in which the Sextons own a majority of the controlling interests . In the event
Grantee acquires the fee interest in the Property , this Conservation Easement shall riot
merge into the fee simple estate , and Indian River County as Grantee covenants to take
all necessary steps to assure that the estates do not merge .
21 . Amendment of Conservation Easement.
This Conservation Easement may be amended only with the written consent of
Grantee and Grantor and with the approval of Indian River County Commission if Indian
River County is no longer the Grantee . Any such amendment shall be consistent with
the Purpose of this Conservation Easement and shall comply with the Florida StatUte s
or any regulations promulgated thereunder . Any such amendment shall be duly
recorded .
22 . Condemnation ; Proceeds .
(a) Condemnation of the Property shall be based on a fair market value of the
unencumbered fee ; provided , however, that pursuant to Florida Statutes section
704 .06 ( 11 ) , in any legal proceeding to condemn land for the purpose of construction and
operation of a linear facility as described in Florida Statutes section 704 . 06 ( l 1 ) , the court
shall consider the public benefit provided by the Conservation Easement and linear
facilities in determining which lands may be taken and the compensation paid .
( b) Grantee shall receive its Proportionate Share as defined below. The grant of
this Conservation Easement gives rise to a property right , immediately vested in
Grantee , which , for purposes of calculating proceeds from a sale or other disposition of
the Property in this Conservation Easement , shall have a value equal to the greater of
the appraised fair market value of the Conservation Easement at the time of the
condemnation or the proportionate value that the Conservation Easement at the time of
its grant bears to the value of the Property as a whole at that time (the " Proportionate
Share" ) . The Proportionate Share is determined by dividing the fair market value of this
Conservation Easement , calculated as of the date hereof, by the unencumbered fair
market value of the Property , also calculated as of the date hereof. The Proportionate
Share is 67 . 31 % (sixty-seven and thirty-one/one hundredths percent) . The
Proportionate Share shall remain constant (subject to reasonable adjustment to the
14
BK : 2182 PG : 147
extent permissible under Section 170 ( h ) of the Internal Revenue Code of 1986 , as
amended , for any improvements which may hereafter be made on the Property) .
(c) . Grantor (as defined in paragraph 2 ( a ) ) shall receive 32 . 69 % (thirty-two and
sixty- nine /one hundredths percent) .
23 . Interpretation .
This Conservation Easement shall be interpreted under the laws of the State of
Florida , or federal law , as appropriate . Any general rule of construction to the contrary
notwithstanding , this Conservation Easement shall be liberally construed to affect the
Purpose of this Conservation Easement . If any provision in this Conservation
Easement is found to be ambiguous , an interpretation consistent with the Purpose of
this Conservation Easement that would render the provision valid shall be favored over
any interpretation that would render it invalid .
24 . Successors .
Every provision of this Conservation Easement that applies to Grantor or Grantee
shall also apply to their respective agents , executors , administrators , assigns , and other
successors in interest , and shall continue as a servitude running in perpetuity with the
Property .
25 . Severability .
Invalidity of any of the covenants , terms or conditions of this Conservation
Easement , or any part thereof, by court order or judgment shall in no way affect the
validity of any of the other provisions hereof which shall remain in full force and effect .
26 . Notices .
Any notice required or desired to be given under this Conservation Easement
shall be in writing and shall be sent by ( i ) personal delivery , ( ii ) via registered or certified
mail , return receipt requested , or ( iii) via Federal Express or other private courier of
national reputation providing written evidence of delivery . Notice shall be deemed given
upon receipt in the case of personal delivery , and upon delivery by the U . S . Postal
Service or private courier . All notices shall be properly addressed as follows : ( a ) if to
Grantee , at the address set forth above ; ( b ) if to Grantor, at the address set forth above ;
( c) if to any subsequent owner , at the address of the Property . Any party can change
the address to which notices are to be sent to him , her or it by duly giving notice
pursuant to this paragraph .
27 . Title
The Grantor covenants and represents that the Grantor is the sole owner and is
seized of the Property in fee simple and has good right to grant and convey this
Conservation Easement ; that the Property is free and clear of any and all mortgages not
subordinated to this Conservation Easement, and that the Grantee shall have the use of
and enjoyment of the benefits derived from and existing out of this Conservation
Easement .
15
BK : 2182 PG : 148
29 , Subsequent Encumbrances .
With the exception of access , drainage , and linear utility easements as permitted in
this Conservation Easement , the grant of any other easements or use restrictions is
prohibited , except with the prior written permission of Grantee .
30 . Grantor's Environmental Warranty .
(a ) . Nothing in this Conservation Easement shall be construed as giving rise to
any right or ability in Grantee to exercise physical or management control over the day -
to -day operations of any portion of the Property , or any of Grantor' s activities on thc:
Property , or otherwise to become an operator with respect to the Property within the
meaning of The Comprehensive Environmental Response , Compensation , and Liability
Act of 1980 , as amended (" CERCLA") or any corresponding state and local statute or
ordinance .
( b) . Grantor, at the execution of this document with the exception of the dipping vat
located within the farmstead , warrants that it has no actual knowledge of a release or
threatened release of hazardous substances or wastes on the Property , as such
hazardous substances and wastes are defined by applicable law, and hereby promises to
indemnify Grantee harmless from , any and all loss , cost, claim (without regard to its rrr : rit ) ,
liability or expense ( including reasonable attorneys ' fees) arising from or with respect to
any release of hazardous waste or violation of environmental laws .
(c) . If at any time after the effective date of this Conservation Easement there
occurs a release in , on , or about the property of any substance now or hereafter defined ,
listed , or otherwise classified pursuant to any federal , state , or local law, regulation , or
requirement as hazardous , toxic , polluting , or otherwise contaminating to the air , water , or
soil , or in any way harmful or threatening to human health or the environment , Grantor ,
who owns the tax parcel affected , agrees to take all steps that may be required under
federal , state , or local law necessary to assure its containment and remediation , including
any cleanup .
31 . Duration of Conservation Easement .
Except as expressly otherwise provided herein , this Conservation Easement
shall be of perpetual duration , and no merger of title , estate or interest shall be deumed
effected by any previous , contemporaneous , or subsequent deed , grant , or assignment of
an interest or estate in the Property , or any portion thereof, to Grantee , it being
thu
express intent of the parties that this Conservation Easement not be extinguished by , or
merged into , any other interest or estate in the Property now or hereafter held by Grantcts \
32 . Entire Agreement.
This instrument sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions , negotiations ,
understandings , and agreements relating to the Conservation Easement , all of which
are merged herein . No alteration or variation of this instrument shall be valid or binding
unless contained in an amendment that complies with Paragraph 21 .
16
BK : 2182 PG : 149
33 . Waiver.
No waiver by Grantee of any default , or breach hereunder , whether intentional or
not , shall be deemed to extend to any prior or subsequent default or breach hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence .
No waiver shall be binding unless executed in writing by Grantee .
34 . Binding Effect.
The provisions of this Conservation Easement shall run with the Property in
perpetuity and shall bind and be enforceable against the Grantor and all future owners
and any party entitled to possess or use the Property or any portion thereof while such
party is the owner or entitled to possession or use thereof. Notwithstanding the
foregoing , upon any transfer of title , the transferor shall , with respect to the Property
transferred cease being a Grantor or owner with respect to such Property for purposes
of this Conservation Easement and shall , with respect to the Property transferred , have
no further responsibility , rights or liability hereunder for acts done or conditions arising
thereafter on or with respect to such Property , but the transferor shall remain liable for
earlier acts and conditions done or occurring during the period of his or her ownership
or conduct .
35 . Captions .
The captions in this instrument have been inserted solely for convenience of
reference and are not a part of this instrument and shall have no effect upon
construction or interpretation .
36 . Recording .
This Conservation Easement shall be recorded in the same manner as any other
instrument asserting title to real property .
TO HAVE AND TO HOLD unto Grantee , its respective successors and assigns
The covenants , terms , conditions , restrictions and purposes imposed with this
Conservation Easement shall not only be binding upon Grantor but also its agents ,
personal representatives , heirs , assigns and all other successors to it in interest and
shall continue as a servitude running in perpetuity with the Property .
17
BK : 2182 PG : 150
IN WITNESS WHEREOF , Grantor has hereunto set its hand on the date first
above written .
Signed , sealed and delivered
In our presence as witnesses :
h �.
Print ame : f' q // . Ralph W . Sex , I di idually and
as Trustee of the Ralph W. Sexton
Revocable Living Trust dated
MVT '
�i�� net Christine Sexton
P n e : dia rAWx + ems .
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
cJ , 2007 , by Ralph W . Sexton , joined by his spouse , Janet Christine Sexton ,
Individi lly and as Trustee of the Ralph W. Sexton Revocable Living Trust dated
12/24/97 . The above- named individual is personally known to me or produced
as identification .
Notary ublic . St a of Florida
(Notary Seal)
MARGARET J. AVERILL
MY COMMISSION # DD440272
EXPIRES; July 22 , 2009
18
BK : 2182 PG : 151
GRANTEE ' S ACCEPTANCE
Indian River County , a political subdivision of the State of Florida , hereby approves
the foregoing Conservation Easement and agrees to the terms and provisions thereof
INDIAN RIVER CQjQl,4TY
BOARD OFMISSIONERS
• .
_,, .
If
By :
a U'he10 rman
Date APProu@c( rY �
Attest : J . K . Barton , Clerk
By :
Deputy Clerk Athena Adams
(ATproved :
seph gird , County Administrator
p ved as to _fQrm and legal sufficiency :
Marian E . Fell , Assistant County Attorney
19
BK : 2182 PG : 152
EXHIBIT " A"
Parcel 1 :
The East One - Half ( 1 / 2 ) of Section 26 , Township 32 South , Range 38
East , Less and except the South 30 . 00 Feet thereof ;
And
Less and except Sebastian River Water Control Districts Lateral C ,
Lateral C - 12 - W and Lateral C - 13 - W Canal and Road - Rights - Of - Way . f7aid
Parcel lying and being in Indian River County , Florida .
Parcel 2 :
The Northwest One - Quarter ( 1 / 4 ) of the Northwest One - Quarter ( 1 / 4 )
and the West 10 . 00 acres of the Northeast One - Quarter ( 1 / 4 ) of the
Northwest One - Quarter ( 1 / 4 ) of Section 36 , Township 32 South , Range
38 East , Less and except the following Four ( 4 ) described parcel :_, :
1 . The North 30 . 00 Feet thereof :
2 . The East 110 . 00 Feet of the West 185 . 00 Feet thereof ;
3 . Sebastian River Water Control Districts Lateral C and Lateral
C - 14 - E Canal and Road - Rights - Of - Way ;
4 . and that certain property described and recorded in Official
Records Book 1188 , Page 2932 , Public Records of Indian River Country ,
Florida being more particularly described as follows :
Commencing at the Northwest corner of the Northwest Quarter of the
Northwest Quarter , Section 360 Township 32 South , Range 38 East and
run East on the North boundary line of said Northwest Quarter of the
Northwest Quarter 958 Feet to Point of Beginning ; thence run South
588 . 7 Feet ; thence run East 370 Feet ; thence run North 588 . 7 Feet; to
the North boundary line of said Northwest Quarter of the Northwest
Quarter ; thence run West on the North boundary line of said Nort, hwest-
Quarter of the Northwest Quarter 370 Feet to the Point of Beginning ,
Less and except Road Right of Way for 37th Street . Said Parcel lying
and being in Indian River County , Florida .
BK : 2182 PG : 153
Exhibit `B"
Baseline Documentation
The Baseline Documentation is a separate document dated June 22 , 2007 , a coli of
which is held by Ralph W . Sexton , as Trustee of the Ralph W . Sexton Revocable Living I nut
dated December 24 , 1997 and Ranch Management Consultants , Inc . Two copies are llul , l h }
Indian River County .
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BK : 2182 PG : 155
Exhibit "D"
FARMSTEAD PARCEL NUMBER 1 :
A POR' T' ION OF THE EAST ONE-HALF ( 1 /2 ) OF SECTION 26 , TOWNSHIP 32 SOUTH ,
RANGE 38 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTI-LEAST CORNER OF SECTION 26 , TOWNSHIP 32 SOUTH,
RANGE 38 EAST', RUN NORTH 00021 ' 47 " EAST ALONG THE EAST LINE OF SAID
SECTION 26, A DISTANCE OF 30 . 00 FEET; THENCE RUN NORTH 89 °47 ' 23 " WEST
ALONG A LINE LYING 30 FEET NORTH OF , NORMAL TO AND PARALLEL WITH THE
SOUTH LINE OF SAID SECTION 26, A DISTANCE OF 75 . 00 FEET T'O THE WEST RIGHT-
OI' - WAY LINE OF SEBASTIAN RIVER WATER CONTROL DISTRICT ' S LATERAL "C"
CANAL RIGHT-OF -WAY AND THE POINT OF BEGINNING ; FROM SAID POINT OF
BEGINNING CONTINUE NORTH 89047 ' 23 " WEST ALONG SAID LINE LYING 30 FEET
NORTH OF , NORMAL 'CO AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION
26 , A DIS 'T'ANCE OF 456 . 98 FEET; THENCE RUN NORTH 00 °21 ' 47 " EAST AND
PARALLEL WITH THE AFOREMENTIONED EAST LINE OF SECTION 26 , A DISTANCE
OF 953 . 30 FEET ; THENCE RUN SOUTH 89°47 ' 23 " EAST AND PARALLEL, WITH THE
AFOREMENTIONED SOUTH LINE OF SECTION 26 , A DISTANCE OF 456 . 98 FEET TO
"TILE AFOREMENTIONED WEST RIGHT-OF- WAY LINE OF SEBASTIAN RIVER WATER
CONTROL DISTRICTS LATERAL " C" CANAL ; THENCE RUN SOUTH 00 ° 21 ' 47 " WEST
ALONG SAID WEST RIGHT-OF- WAY LINE A DISTANCE OF 953 . 30 FEET T'O THAT
CERTAIN AFOREMENTIONED LINE LYING 30 . 00 FEET NORTH OF, NORMAL TO AND
PARALLEL WITH THE SOUTH LINE 01' SECTION 26 AND THE POINT OF BEGINNING .
SAID PARCEL LYING AND BEING IN INDIAN RIVER COUNTY , FLORIDA ,
CONTAINING 10 . 00 ACRES , MORE OR LESS .
J : \clients\Scxton\Prop Farmstead Parcel l . doc Page I of I
BK : 2182 PG : 156
Exhibit "E "
RESIDENTIAL PARCEL NUMBER 1 :
A PORTION OF "THE EAST ONE-HALF ( 1 /2) OF SECTION 26 , TOWNSHIP 32 SOUTH ,
RANGE, 38 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26 , TOWNSHIP 32 SOUTH,
RANGE 38 EAST, RUN NORTH 00021747 " EAST ALONG THE EAST LINE OF SAID
SECTION 26 , A DISTANCE OF 30 . 00 FEET; THENCE RUN NORTH 89 °47 ' 23 " WEST
ALONG A LINE LYING 30 FEET NORTH OF , NORMAL TO AND PARALLEL WITH THE
SOUTH LINE OF SAID SECTION 26 , A DISTANCE OF 2655 . 99 FEET TO THE WEST LINE
OF THE AFOREMENTIONED EAST ONE-HALF ( 1 /2 ) OF SECTION 26 AND THE POINT
OF BEGINNING ; FROM SAID POINT OF BEGINNING RUN NORT14 00 '20 ' 11 " EAST
ALONG SAID WEST LINE, A DISTANCE OF 510 . 00 FEET ; THENCE RUN SOUTH
89047 ' 23 " EAST' AND PARALLEL WITH THE AF
SOUTH LINE OF
SECTION 26 , A DISTANCE; OF 427 . 03 FEET; THENCE RUN SOUTH 00 ' 20 ' 11 " WEST, A
DISTANCE OF 510 . 00 FEET TO THAT CERTAIN AFOREMENTIONED LINE LYING 30 . 00
FEET NORTH OF , NORMAL TO AND PARALLEL WITH THE SOUTH LINE OF SECTION
26 ; "THENCE RUN NORTH 89°47 ' 23 " WEST ALONG SAID PARALLEI . LINE, A
DISTANCE OF 427 . 03 FEET TO THE POINT OF BEGINNING .
SAID PARCE14 LYING AND BEING IN INDIAN RIVER COUN'IT , FLORIDA ,
CONTAINING 5 . 00 ACRES , MORE OR LESS .
RESIDENTIAL PARCEL NUMBER 2 :
A PORTION OF THE EAST ONE- HALF ( 1 /2 ) OF SECTION 26, TOWNSHIP 32 SOUTH,
RANGE 38 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26 , TOWNSHIP 32 SOUTI-I ,
RANGE 38 EAS"I', RUN NORTH 00° 21 ' 47 " EAST ALONG THE EAST LINE OF SAID
SECTION 26 , A DISTANCE OF 30 . 00 FEET ; THENCE RUN NORTH 89 °47 ' 23 " WEST
ALONG A LINE LYING 30 FEET NORTH OF , NORMAL "TO AND PARALLEL WITH "THF.
SOUTH LINE OF SAID SECTION 26 , A DISTANCE, OF 1328 . 03 FEET "TO THE POINT OF
BEGINNING ; FROM SAID POINT OF BEGINNING RUN NORTH 00021 ' 05 " EAST, A
DISTANCE OF 510 . 00 FEET; THENCE RUN SOUTH 89047 ' 23 " EAST AND PARALLEL
WITH "THE AFOREMENTIONED SOUTH LINE OF SEC'T'ION 26, A DISTANCE. OF 427 . 06
FEET; THENCE RUN SOUTH 00021 ' 05 " WEST, A DISTANCE OF 510 . 00 FEET TO THA-1'
CERTAIN AFOREMENTIONED LINE LYING 30 . 00 FEET NORTH OF , NORMAL TO AND
PARALLEL WITH THE SOUTH LINE OF SECTION 26 ; THENCE RUN NORTH 89047723 "
WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 427 . 06 FEET "TO THE POINT OF
BEGINNING .
SAID PARCEL LYING AND BEING IN INDIAN RIVER COUNTY , FLORIDA ,
CONTAINING 5 . 00 ACRES , MORE, OR LESS .
J :\clients\Sexton\Prop Res Parcel l . doc Page I of 1