HomeMy WebLinkAbout2005-060 16 _
1620046
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
Return recorded original to : �C9try Q BK : 1837 PG : 1025 , Pagel of 6
00ffice of General Counsel p 02/18/2006 at 02 :40 PM,
St. Johns River Water Management District JEFFREY K BARYON , CLERK OF
P , O , ' BOx 1429 COURT
Palatka , FL 32178 =1429
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this 15th day of
2005 by Indian River County, Florida , a political subdivision of the
State of 51orlda , having an address at 1840 25" Street, Vero- Beach , Florida
32960-3365 ("Grantor"), In favor of the ST. . JOHNS RIVER WATER
MANAGEMENT DISTRICT, a : public body existing under Chapter 373 , Florida
Statutes , having a mailing address at P. O . Box 1429 , Palatka , Florida 32178 - 1429
("Grantee") ,
WITNESSETH:
WHEREAS , Grantor solely owns in fee simple certain real property in Indian River
County, Florida , more particularly described in Exhibit "A" attached hereto and
incorporated by this reference (the "Property");
WHEREAS , Grantor grants this conservation easement as a condition of permit #4-
061 -85179- 1 issued by Grantee, solely to offset 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.
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 materief as landfill or dumping or placing
of trash , waste or unsightly or offensive materials .
(c) . Removing , destroying or trimming 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 wafter area to remain
predominancy in its natural condition .
(f) Activities detrimental to drainage flood control , water conservation , erosion
control , soil conservation , or fish and wildlife habitat preservation .
(g ) Acis 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 histori
sical, architectural , archaeological , or cultural
ignficance .
3 . Reserved Rights, Grantor reserves unto itself, and ifs successors and assigns ,
all rights accruing from fits ownership of the Pro e
Permit or invite others to engage In all uses of the prone tying the right to engage in or
prohibited herein and are not inconsistent with the purpose se that are not expressly
Easement, In addition , Grantor reserves unto itself, rpose °f this Conservation
and its successors and assigns , the
right to access the Property for the purpose of installing , operating and maintaining those
portions of the stormwater management system and mitigation activities authorized by
District permit no . 4-061 -85179= 1 and any modifications thereto .
4. Rights of Grantee . To accomplish the purposes stated herein , Grantor conveys
the following rights to Grantee :
(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.
2
6 . Grantee's Liabilitv. 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 Grantors , nor any person or entity claiming
by or through Grantors , 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 of Indian River 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 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 .
GRANTOR:
Indian River County, Florida
By -PW
L
THOMAS S . LOWTHER , CHAIRMAN
Att3t: J . I : Bartont
Bye
qerkl.
r � o •
; Ps z ,
proved"as to form and le al sufficiency:
d
County Attorney
3
SKETCH OF CONSERVATION EASEMENT DESCRIPTION
FOR
ST. JOHN 'S RIVER WATER MANAGEMENT DISTRICT
FROM
INDIAN RIVER COUNTY, FLORIDA
DESCRIPTION " CONSERVATION PARCEL 2A " :
" THE WEST 150 FEET OF THE SOUTH 47 FEET OF LOT 12 AND THE WEST
150 FEET OF THE NORTH 28 FEET OF LOT 13 , TOWN OF WAUREGAN , AS
SHOWN ON THE PLAT OF WAUREGAN , AS RECORDED IN THE PUBLIC
RECORDS OF BREVARD COUNTY, IN PLAT BOOK 1 , PAGE 178 , SAID LAND
NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA . " ( O . R . B . 1200 ,
PG . 1164 , INDIAN RIVER COUNTY, FLORIDA . ) PARCEL No , 303821 00001
0190 00007 . 3
CONTAINING 0 . 26 ACRES MORE OR LESS .
CARTER ASSOCIATES, INC . 0 A T Serving Florida
CONSULTING ENGINEERS AND LAND SURVEYORS a 1911
1708 21st STREET 772-562 -4191 (PHONE) EXHIBI T: F. .C. 17003-A1
VERO BEACH, FLORIDA 32960 772-562 - 7180 (FAX) DATE: 10-27-03 SHEET 2 OF 3
SKETCH OF CONSERVATION EASEMENT DESCRIPTION
FOR
ST. JOHN 'S RIVER WATER MANAGEMENT DISTRICT
FROM
INDIAN RIVER COUNTY, FLORIDA
DESCRIPTION OF "CONSERVATION PARCEL 2C" :
A PORTION OF SECTION 25, TOWNSHIP 30 SOUTH , RANGE 38 EAST; OF SECTION 21 , FLEMING GRANT,
INDIAN RIVER COUNTY, FLORIDA; AND ALSO PART OF LOTS 13 AND 14, OF THE PLAT OF THE TOWN
OF
WAUREGAN , BREVARD COUNTY, FLORIDA , NOW IN INDIAN RIVER COUNTY, FLORIDA, AS RECORDED IN PLAT
BOOK 1 , AT PAGES 178 AND 179 , OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA , BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE ORIGINAL " RIVERWALK SHOPPING CENTER " ON THE
PRESENT SOUTHERLY RIGHT OF WAY LINE OF ROSELAND ROAD/C. R . 505, RUN SOUTH 44'03 ' 34" WEST,
ALONG SAID SOUTHERLY RIGHT- OF- WAY LINE, 504. 75 FEET TO THE EASTERLY LINE OF THE WESTERLY
150. 00 FEET OF PART OF LOTS 11 , 12 AND 13 OF AFOREMENTIONED " TOWN OF WAUREGAN "; THENCE
SOUTH 44'33 ' 49 " EAST, INTO AFOREMENTIONED LOTS 11 , 12 AND 13, " TOWN OF WAUREGAN 475. 07 FEET
TO THE SOUTHEAST CORNER OF THE NORTH 28. 00 FEET OF THE WESTERLY 150. 00 FEET OF SAID LOT 13;
THENCE RUN SOUTH 459311192'WEST ALONG THE SOUTH LINE OF SAID NORTH 28 . 00 FEET, 150. 00 FEET TO
THE EASTERLY RIGHT OF WAY LINE OF WAUREGAN AVENUE /135th AVENUE ( 80' WIDE R . O. W. ) ; THENCE RUN
SOUTH 44933 ' 49" EAST ALONG SAID EASTERLY RIGHT OF WAY, 189 . 83 FEET TO THE WESTERLY EXTENSION
OF THE NORTHERLY LINE OF " RIVERWALK II " ( TAX PARCEL No. 303821 00001 0000 00011 . 3, INDIAN RIVER
COUNTY, FLORIDA) AND POINT OF BEGINNING OF THE HEREIN DESCRIBED " PARCEL 2C
FROM SAID POINT OF BEGINNING RUN NORTH 45'31 ' 23" EAST ALONG SAID NORTHERLY EXTENSION LINE,
199 . 58 FEET TO THE WESTERLY BOUNDARY LINE OF SAID " RIVERWALK II " ; THENCE RUN SOUTH 44'34' 26 "
EAST ALONG SAID WESTERLY BOUNDARY LINE , 225. 57 FEET; THENCE RUN SOUTH 45'26 ' 11 " WEST, 91 . 00
FEET; THENCE RUN SOUTH 44033049 " EAST AND PARALLEL TO AFOREMENTIONED EASTERLY RIGHT- OF- WAY
LINE OF WAUREGAN AVENUE ( 135th STREET) , 200. 00 FEET; THENCE SOUTH 02 '36 ' 1311WEST, 35. 00 FEET;
THENCE SOUTH 45026' 11 "WEST, 45 . 93 FEET; THENCE RUN NORTH 78'38' 26 " WEST, 66 . 00 FEET TO THE SAID
EASTERLY RIGHT OF WAY LINE OF WAUREGAN AVENUE /135th AVENUE; THENCE RUN NORTH 44'33' 49 " WEST
ALONG SAID EASTERLY RIGHT OF WAY LINE 395 . 00 ' FEET TO THE POINT OF BEGINNING .
CONTAINING 1 . 56 ACRES MORE OR LESS .
GENERAL NOTES:
1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER THIS DRAWING, SKETCH , PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS FIRM OR SURVEYOR FOR EASEMENTS, RESERVATIONS,
ABANDONMENTS, RESTRICTIONS AND/OR RIGHTS- OF- WAY.
3. NO TITLE COMMITMENT OR ABSTRACT WAS FURNISHED TO THIS FIRM OR PROFESSIONAL SURVEYOR AND MAPPER .
4. THIS MAP IS A SKETCH OF EASEMENT DESCRIPTION ONLY. BOUNDARY LIMITS HAVE BEEN DELINEATED.
5. THE SURVEY FIELD WORK WAS COMPLETED OCTOBER 30, 2003.
6. BEARING DATUM AND HORIZONTAL COORDINATE VALUES ARE BASED UPON THE NORTH AMERICAN DATUM OF
1983, ADJUSTMENT OF 1999 (NAD 83/99) AND PROJECTED IN THE STATE PLANE COORDINATE SYSTEM , FLORIDA
EAST ZONE, 0901 .
7. FLOOD ZONE "X" PER FIRM NO. 12061C, PANEL NO. 0013 E. EFFECTIVE DATE MAY 4, 1989, MAP INDEX DATE,
JUNE 309 1999.
S. THE DESCRIPTION SHOWN WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER BY THE REQUEST OF
THE CLIENT.
9 . G. P . S. SURVEY METHOD: REAL TIME KINEMATIC (RTK) G. P . S. RECEIVER TYPE: THREE (3) DUAL FREQUENCY LEICA
GPS RECEIVERS TWO (2) SR 399 E - 9 CHANNEL (L1 & 1.2) ONE (1 ) SR 9500 - 12 CHANNEL (L1 &
1.2) GPS RTK
MEASUREMENTS BEGAN AND ENDED ON 09- AUGUST- 2001 . THREE LEICA DUAL FREQUENCY GPS RECEIVERS
EQUIPPED WITH RT- SKI (REAL TIME MEASUREMENT CAPABILITIES) WERE USED TO GATHER GPS DATA. TYPICALLY A
BASE RECEIVER ( SR9500) WAS SET UP ON AN ESTABLISHED CONTROL STATION WHILE TWO ROVING RECEIVERS
(SR399E) LOCATED ESTABLISHED AND EXISTING CONTROL THROUGHOUT THE PROJECT AREA. REAL- TIME COORDINATE
COMPUTATIONS AND PRECISION INFORMATION WERE DETERMINED VIA RADIO LINK WITH THE BASE STATION AND
RECORDED IN LEICA'S CONTROLLERS (CR344). 1.
10. HORIZONTAL CONTROL AND FOUND MONUMENTS WERE OBSERVED UTILIZING THE GLOBAL - 00' SITIONING SYSTEM
(G. P. S. ) . SAID POINTS WERE OBSERVED FROM INDIAN RIVER COUNTY G. P. S. DENSIFICATION CONTROL MONUMENT
° GPS 101 ".
11 . THIS SURVEY DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP.
CERTIFIED T0:
INDIAN . RIVER COUNTV, ', Fl�& A
F6NK S . UdCURESE , P . S: M . SIGNATURE DATE
FLORIDA,. LICENSE No . 4765
CARTER ASSOCIATES , INC . L. B . 205
CARTER ASSOCIATES, INC . Serving Florida
CONSULTING ENGINEERS AND LAND SURVEYORS Since 1911
!S;O
11708 21st STREET 772-562 -4191 (PHONE) E X B I Y: Fc, 17003-A3
VERO BEACH, FLORIDA 32960 772 - 562 - 7180 (FAX) ATE: 3 SHEET 3 OF 3
SKETCH OF CONSERVATION EASEMENT DESCRIPTION
FOR ST, JOHN 'S RIVER WATER MANAGEMENT DISTRICT
FROM
-' INDIAN
VER COUNTY?, FLORIDA
o
BD I C
v'Na Tp
(80' RIGHT-OFWA
y � Y'
P -
(O.R.0 = ' " W518 322)
S 420921
. e Nm
g-
pN uAZt 0N AAZ
_ m i 718" W
) 5 41'4
gp5.94J(0) o f O v
20)
4" W 504.75 j
S45'31 '19"W 150.00'
m
o �
0 > > f s
J >
20 � > O u
02 oar x —� e u S
pZW m
r'
o Ai O WO N 0 >?
y
0003 W 5 4331Y9". ,W ,
150-001
-
gl1164) In Q = c
CONSERVATION s
A n PARCEL 2A s s
r 11 251kd • of q:fL- m•--
� a - 026 UCfrr
A C Y ,
p � n 95'31t19„ W15000 , , . :
_ $ 1 S 4530'10” W 150.320(0)
m n •
a or � z ✓w
= N FD R ' _
m 1 :t a
•AO $
W NOT INCLUDED 0
u
s
v N4593924"E 427.17(0)
PARCEL No. 303821
00001 0000 003821 S45031'23*W 426.79'(0)
45'31'23" E 100. 126.79' -
N4571 S6 ;•
5453924W 19994 (0) • . "RIVERWALK0II " m=
PARCEL No.
$03821
I le = 00001 0000 00011 . 3 $�
a ml am
Mg EASTI
IE
JT
D O -0
p ' M tyYZ QWQa � O HT1 /V
Ov2 0 0 O REVISED : 10/4/04 TO SHOW PARCEL 2A
� > � m7; �oOD _ & 2C
i , (� N
r „ c: W
g A QQ �y• -5 � �
4526'11 "W 91 00 <A<
c 4 a c p —� SEE SHEET 2 THRU 3 FOR LEGAL
m i m DESCRIPTIONS OF PARCEL 2A & 2C
sit
$ - y
jg
LEGEND
e CM CONCRETE MONUMENT
la la > "' FD FOUND
(0) OBSERVED DATA
8 C) CALCULATED DATA
8 (D) DEED CALL
(P) PLAT DATA
0 DIAMETER
117717R . R. RAILROAD SPIKE
0 Pmt sq . ft. SQUARE FEET
_ ��O'• / a SRC SET 1 /2" DIAMETER
m7,. o REBAR/CAP STAMPED
2 . ., . ./. 1p N
F _ _ "CARTER ASSOC. "
u 0 54326'11 "W �ry'Sh E m O�0
$ 45.93' a FDRB 0 FOUND PIE OR REBAR
FDIP AS
ED
FOCM 0 FOUND 4"x 4" C.M .
NOT TO SCALE NO IDENTIFICATION
CARTER ASSOCIATES, INC . Serving Florida
CONSULTING ENGINEERS AND LAND SURVEYORS ce 1911
1708 21st STREET 772-562 -4191 (PHONE) HY: F.S. 17003-A1
VERO BEACH, FLORIDA 32960 772-562 - 7180 (FAX) ATE: 1 7- 3 SHEET 1 OF 3