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HomeMy WebLinkAbout2007-081 3 �o C) 4- BOARD OF COUNTY COMMISSIONERS OFFICE OF CO UNTY A TTORNE Y � 00 X81 William G. Collins II, County Attorney Marian E. Fell, Assistant County Attorney : r� William K. DeBraal, Assistant County Attorney �p�pA March 21 , 2007 Ms . Sheila Theus c/o Karen Coffman Office of General Counsel ST. JOHNS RIVER WATER MANAGEMENT DISTRICT P . 0. Box 1429 Palatka, FL 32178- 1429 Re : Environmental Learning Center Expansion District Application No . 40-061 -26207-2 Dear Ms. Theus : In referenced to the Environmental Learning Center Expansion and pursuant to letter instructions of Karen Coffman dated December 14, 2006 (copy attached), enclosed is the original Conservation Easement in favor of St. Johns River Water Management District by the Board of County Commissioners of Indian River County, Florida recorded in Official Record Book 2142, Page 1888 of the Public Records of Indian River County, Florida. By copy of this letter, a copy of the recorded Conservation Easement is also being sent to Marc von Canal at SJRWMD ' s Palm Bay office. Your, _ William G. Collins 11 County Attorney nhm enclosures cc : Marc von Canal, Senior Regulatory Scientist Environmental Resource Management Division St. Johns River Water Management District 525 Community College Parkway SE Palm Bay, FL 32909 1840 25a' Street, Vero Beach, Florida 32960 - (772) 226-1424 Fax (772) 569-4317 ircattomey@ircgov.com 1�Is. Sheila Theus c/o Karen Coffman Office of General Counsel ST . JOHNS RIVER WATER MANAGEMENT DISTRICT March 21 , 2007 Page Two Lois A. Edwards Coastal Tech 3625 20' Street Vero Beach, FL 32960-2409 Holly S . Dill, Executive Director Environmental Learning Center 255 Live Oak Drive Vero Beach, FL 32963 Bet 1s 06 08 % aaa Environmental Learning 561 - 585 - 7723 p • 2 - St . � ohn fiver WaterJManagement District K'rbv e. Greer II., Exom6we Oirettor • Ga+'A W. Fisk AmistBm GmcutNe niredar - 4049 Reid Street ° PC, MX 1429 • Palaika, FL 32178. 1429 ^ (386) 329.46D0 On the Internet a? WWW4rnmd.C=- December 14. 2006 Lois A. Edwardta Coastal Tech 3625 20" Street Vero Beach, Florida 329600-2409 Re: L: gai Documentation Review for Environirantal Learning Center Elmambn ; Distrlct Application No. 40-061 .26207-2 Dear Ms. Fdwaft: Thank you for your emails to St>eila TheuS, dated December 13 and 14. 2006 , which included as an attachment the rev sed draft conservation int. The revisions fui ly address the comletters dated December ments in my 1 and 12, 2006. The ravi� draft c0csenration mer -eat is acceptable to ttm District and may be recorded. Upon exec Rion arKLrewrd ing in ft public records of Indian River County, please snsum that the original recorded Conservation Easerrenf is seat to Sheila Thews (clo Karen Coffman) at the Dtstr'ret's Palatka office, With copies to Marc VonCanal in Palm Bay. If you have any questions, pk.,&m contact Shelia TI-eus M (904) 430-0474- Sincerely , Karen Coffman Assistant General Counsel Office of General Counsel KC/sit Cc, Marc VonCanal — Palm Bay PDS — Palatka and Pairn Bay Holly S . Dill Environmental teaming Center 255 Live Oak Drive Vero Beach, Florida 32963 UoU G. ZMUM, ^WJ96W &MG. 5Oetk' 'i HA, W ANT hMMSEU.70V G,tAv L O0ten5jW',`' ,E>r%E jA'�IsvWF F. BUWI[L vNtliiertW. Ker Or,tP.riu D. Lore W. �'�� Ytl.9L9 R. G yAlbnpht wennc. _nn nxaa re�aw NAScm, rLw. PWrEVS.NS NE�!�N (GH:H 1627427 Prepared by. THIS M THE PUBLIC NRECORDS OF T HAS BEEN RECORDED INDIAN RIVER COUNTY FL �y pA7 !7 fl 1 Y „ Fe ICE BK: 2142 PG : 1888, Pagel of 6 Ill I i t , 03/13/2007 at 06:30 AM, D DOCTAX PO $0.70 . JEFFREY K BARTON, CLERK OF Return recorded original to : COURT 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 6th day of March1 2007 by BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA having an address at 1840 251 St. Vero Beach, FL 32960 ("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 4049 Reid Street / Highway 100 West, Palatka, Florida 32177 ("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 as Environmental Learning Center, Inc . 255 Live Oak Drive, Vero Beach, FL 32963 , (the "Property") ; WHEREAS , Grantor grants this conservation easement as a condition of permit #40-061 -26207- 2 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. 1 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, except where said activities are necessary or required to comply with conditions of the District's permit. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, except where required to maintain compliance of the District's permit. (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 and the right to perform any enhancement, restoration or maintenance activities and ancillary drainage functions associated with the project, as authorized by ERP#40-051 -25207-2, and subsequent District approved modifications . 2 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. 6. Grantee's Liability. 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. 3 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. COUNTY: INDIAN RIVER COUNTY, a political subdivision of the State of Florida J teary . Wheeler, Chairman of County Commissioners Attest: Jeffrey K. Barton, Clerk of Court b " 3 Y iY Deputy Clerk FOR USE AND RELIANCE ONLY B INDIAN RIVER COUNTY, APPROVED AS TO FORM AND LEGALITTY//��THIS /ih 7(DAY OF / "e� r a 2007 . By: �//!ff6 William G. Collins II County Attorney APPROVED BY THE INDIAN RIVER COUNTY COMMISSION AT A MEETING HELD ON March 6 2007 UNDER AGENDA ITEM NO. 7N 4 CONSENT AND JOINDER OF LESSEE The undersigned, ENVIRONMENTAL LEARNING CENTER, INC. (lessee), the lessee under that certain Modification to Lease dated February 7, 2006, and recorded at Official Records Book 2057, Page 441 , of Indian River County, Florida, hereby consents and joins in the foregoing Deed of Conservation Easement, and subordinates its lease encumbering all or any part of the Property (as described in the foregoing Deed of Conservation Easement) to the Deed of Conservation Easement. IN WETNESS WHEREOF, this Consent and Joinder is executed by the undersigned this day J4_, 2007. Witnesses : Lessee: ENVIRONMENTAL LEARNING CENTER INC., a Florida non-profit corporation �/ printed name: ll CC. 2/�SSu yC Charles Pollard, ChaiV an 12Board of Trustees printed name: Loe, Loy e STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was4cknowledge�re me this / day of , 20073 by Charles Pollard, Charman of the Bo rd of Trustees of ENVIRONMENTAL LEARNING CENTER INC.;�a Florida non- fit corporation, on behalf of said corporation, who did not take an oath. to is State of Florida 1a-%Lga• Josephine M. Gray y .- Commission # DD4N691 t L ar e. • •' R„hP «PJanuary ue16 400 My Commission Expires: I / Commission No. 7i D qa 6 P / Personally known ✓ OR produced identification . Identification produced 5 DESCRIPTION PROPOSED MITIGATION AREA AT THE ENVIRONMENTAL LEARNING CENTER A PARCEL OF LAND IN GOVERNMENT LOT 2 , SECTION 27 , TOWNSHIP 31 SOUTH , RANGE 39 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE WESTERLY MOST CORNER OF THE " PARK " AS DESIGNATED ON THE PLAT OF ORCHID ISLAND UNIT NO . 1 , AS RECORDED IN PLAT BOOK 4 , PAGE 3 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY , FLORIDA ; THENCE RUN SOUTH 72008100 " WEST ALONG THE WESTERLY EXTENSION OF THE NORTHERLY RIGHT - OF -WAY OF LIVE OAK DRIVE A DISTANCE OF 26 . 33 FEET ; THENCE RUN NORTH 63013132 " WEST A DISTANCE OF 159 . 30 FEET ; THENCE RUN NORTH 56006150 " WEST ALONG THE APPROXIMATE CENTERLINE OF THE INGRESS - EGRESS ROAD TO AFORESAID PLAT OF ORCHID ISLAND , A DISTANCE OF 1666 . 12 FEET ; THENCE , DEPARTING SAID APPROXIMATE CENTERLINE , RUN SOUTH 10057 ' 11 " EAST , A DISTANCE OF 29 . 67 FEET TO THE POINT OF BEGINNING ; THENCE RUN SOUTH 54034 ' 24 " EAST , A DISTANCE OF 144 . 18 FEET ; THENCE RUN SOUTH 52042130 " EAST , A DISTANCE OF 87 . 30 FEET ; THENCE RUN SOUTH 10054 ' 24 " EAST , A DISTANCE OF 5 . 05 FEET ; THENCE RUN SOUTH 41025 ' 44 " WEST , A DISTANCE OF 81 . 45 FEET ; THENCE RUN SOUTH 68027100 " WEST , A DISTANCE OF 8 . 80 FEET ; THENCE RUN NORTH . 89002 ' 18 " WEST , A DISTANCE OF 28 . 91 FEET ; THENCE RUN NORTH 53029 ' 13 " WEST , A DISTANCE OF 168 . 40 FEET ; THENCE RUN NORTH 36030 ' 47 " EAST , A DISTANCE OF 78 . 30 FEET ; THENCE RUN NORTH 10057111 " WEST , A DISTANCE OF 42 . 90 FEET TO THE POINT OF BEGINNING . SAID PARCEL NOW LYING AND BEING IN INDIAN RIVER COUNTY , FLORIDA , CONTAINING 21 , 937 SQUARE FEET OR 0 . 50 ACRES , MORE OF LESS . EXHIBIT "A"