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Home My WebLink About2008-2181933773 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2277 PG: 1101, 07/07/2008 04:29 PM �-1 / 0i 4-0s�RwM� aQQ 406 - Prepared by: Office of Indian River County Attorney 180127 th Ave, Vero Beach FI 32960 Return recorded original to: Office of General Counsel St. Johns River Water Management District 4049 Reid Street / Highway 100 West Palatka, FL 32177 FIRE STATION #9 CONSERVATION EASEMENT This FIRE STATION #9 CONSERVATION EASEMENT is made this I4X:�day of July, 2008 by Indian River County Emergency Services District, a dependent special district of Indian River County, Florida, having an address of 1801 27th Street, Vero Beach, FL 32960 ("Grantor"), in favor of St. Johns River Water Management District, a public body existing under Chapter 373, Florida Statutes, having a mailing address of 4049 Reid Street, Palatka, Florida 32177-2529 ("Grantee"). WITNESSETH: WHEREAS, Grantor solely owns in fee simple certain real property in Indian River County, Florida, as more particularly described in Exhibit "A" and Exhibit "B", each of which is attached hereto in its entirety; incorporated herein by this reference; and herein referenced collectively as the "Property"; WHEREAS, Grantor is granting this conservation easement on the Property as a condition of permit #40-061=115029=1 issued by Grantee, to off -set adverse direct and secondary 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 the 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 material as landfill or dumping or placing of trash, waste or unsightly or offensive materials. 1 BK: 2277 PG: 1102 (c) Removing, destroying or trimming trees, shrubs, or other vegetation except as authorized in a wildfire mitigation plan that has been approved in writing by the Grantee. No later than ten (10) days before commencing any activities to implement the approved wildfire mitigation plan, Grantor shall notify the Grantee in writing of its intent to commence such activities, All such activities may only be completed during the time period for which the Grantee approved the plan. (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. 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. Solely to the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes, Grantor will assume 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. 2 BIC: 2277 PG: 1103 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 successors and assigns and shall continue as a servitude running in perpetuity with the Property. IN WITNESS WHEREOF, Grantor has executed thh and year first above written. Attest: J. K. Barton, Clerk By rL&A4. "Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 1st day of July, 2008, by Sandra L. Bowden, Chairman of Indian River County Emergency Services District, who did not takrfilil Beth. elMdaWsonally knownto me. MY COMMISSION I DD 702283 EXPIRES: AUFd 8, 2011 8adwroww"swam E.M. Casano Not Stamped Seal with Commission Number and Expiration Date: Approved as to form and legal sufficiency: unty Attorney 3 BK: 2277 PG: 1104 EXHIBIT A SKETCH & DE IPTI SECTION 21, TOWNSHIP 30 SOUTH, RANGE 38 EAST, FLEMING GRANT FIRE STATION #9 CONSERVATION EASEMENT SHEET I OF 2 NOT VALID WITHOUT THE SKETCH ON SHEET 2 OF 2 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 30 SOUTH, RANGE 38 EAST OF THE FLEMING GRANT, INDIAN RIVER COUNTY FLORIDA, BEING A PORTION OF LOTS 11, 12 AND 13 OF THE PLAT OF THE TOWN OF WAUREGAN AS RECORDED IN PLAT BOOK 1, PAGES 178 AND 179 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF THE RIVERWALK SHOPPING CENTER S4413'30'W (544025938"W PER OFFICIAL RECORDS BOOK 1350 PAGE 0935) ALONG THE SOUTH RIGHT OF WAY LINE OF ROSELAND ROAD A DISTANCE OF 382.36 FEET; THENCE S.49026'57"E A DISTANCE OF 80.18 FEET TO THE POINT OF BEGINNING OF THE HERON DESCRIBED PARCEL; THENCE THE FOLLOWING COURSES: S.49'26'570E 43.58 FEET, S48'4332'E 18.01 FEET, 547057846"E 13.64 FEET, S45'44'08"E 18.32 FEET, 552'33'40"E 23.22 FEET, S58'53159'E 2250 FEET, 563'23145"E 13.52 FEET S38310381 39.18 FEET, S31'37'55"E 58.05 FEET, S51019910"E 77.92 FEET, S15'15'260E 61.37 FEET S64'37'04"E SM73 FEET, S52'10'59"E 49.49 FEET, S34612'59"E 27.09 FEET, S2C33'17"E 42.33 FEET, S11.35'460E 43.74 FEET, S11'42'53'W 4.45 FEET, S45'36047'W 248.26 FEET, N44'24806"W 190.10 FEET, N45w8'37"E 149.71 FEET, N44725'40"W 188.18 FEET, NOI*11'17"E 13.06 FEET, N27V9254"E 43.41 FEET, N52'02'06'E 10.09 FEET, N53423'230W 11.84 FEET, N22443'52"W 46.43 FEET, N17'05041"W 19.34 FEET, N41'35'00'W 28.14 FEET, N35'55'18"W 17.64 FEET, N47'44'37"W 37.81 FEET, N10'09'20"W 49.83 FEET, N04'38'33'E 17.64 FEET, TO THE POINT OF BEGINNING. CONTAINS 919285 SOFT. 2.10 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD, IF ANY. r •'&V 9 • I W4 1.) BEARINGS BASED ON THE ASSUMPTION THAT THE SOUTH RIGHT OF WAY LINE OF ROSELAND ROAD BEARS S441SWE (S4475'380W PER ORB 1350, PAGE 0935 STEVE CARTECHINE FLORIDA CERTIFICATE NO. 4895 CERTIFICATE OF AUTHORIZATION #LB 7545 INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, A DEPENDENT SPECIAL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA PREPARED BY: INDIAN RIVER SURVEY, INC. ADDRESS: 2455 14TH AVENUE, VERO BEACH, FLORIDA 32960 PHONE: (772) 569-7880 DRAWN BY: RC -1 CHECKED BY: SPC PARCEL ID# SHEET 1 OF 2 r .. . HN2 '- NOT VALID UNLESS SIGNED AND SEALED DRAWING N0. 296A REVISIONS SECTION 21 TOWNSHIP 30 SOU RANGE 38 EAST BK: 2277 PG: 1105 EXHIBIT A SKETCH 8& DESCRIPTIQN SECTION 21, TOWNSHIP 30 SOUTH, RANGE 38 EAST, FLEMING GRANT THIS IS NOT A SURVEY '� D M cn M m i L20 r m me m SECTION L22 122.93' L33 L32 L1 L11 L12 L13 L14 WESTERLY LINE OF L15 LOT 13 PLAT BOOK 1, PAGES 178 AND 179. L16 / L17 19 1 L18 SHEET 2 OF 2 NOT VALID WITHOUT THE LEGAL DESCRIPTION ON SHEET 1 OF 2 ROSELAND ROAD S44'13'30"W 382.36' OF BEGINNING POINT OF COMMENCEMENT - J NORTHWEST CORNER OF RIVERWALK SHOPPING CENTER SOUTH RIGHT OF WAY LINE (S44'25'38"W) PER ORB 1350, PAGE 0935 I; V s 100' PROJECT NO.: 296A PREPARED BY: INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING L3 1 N L5 L30 L6 L29 L7 L28 L8 L27 L9 L24 L26 L25 L10 L11 L12 L13 L14 WESTERLY LINE OF L15 LOT 13 PLAT BOOK 1, PAGES 178 AND 179. L16 / L17 19 1 L18 SHEET 2 OF 2 NOT VALID WITHOUT THE LEGAL DESCRIPTION ON SHEET 1 OF 2 ROSELAND ROAD S44'13'30"W 382.36' OF BEGINNING POINT OF COMMENCEMENT - J NORTHWEST CORNER OF RIVERWALK SHOPPING CENTER SOUTH RIGHT OF WAY LINE (S44'25'38"W) PER ORB 1350, PAGE 0935 I; V s 100' PROJECT NO.: 296A PREPARED BY: INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING 2277 PG: 1106 EXHIBIT B ETCH & DESCI z SECTION 21, TOWNSHIP 30 SOUTH, RANGE 38 EAST, FLEMING GRANT FIRE STATION #9 CONSERVATION EASEMENT LEGAL DESCRIPTION: SHEET I OF 2 NOT VALID WITHOUT THE SKETCH ON SHEET 2 OF 2 A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 30 SOUTH, RANGE 38 EAST OF THE FLEMING GRANT, INDIAN RIVER COUNTY FLORIDA, BEING A PORTION OF LOTS 11 AND 12 OF THE PLAT OF THE TOWN OF WAUREGAN AS RECORDED IN PLAT BOOK 1, PAGES 178 AND 179 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF THE RIVERWALK SHOPPING CENTER S44013'30"W (S44'25'38`W PER OFFICIAL RECORDS BOOK 1350 PAGE 0935) ALONG THE SOUTH RIGHT OF WAY LINE OF ROSELAND ROAD A DISTANCE OF 20.02 FEET, THENCE S43031'060E A DISTANCE OF 0.79 FEET TO ULTIMATE SOUTH RIGHT OF WAY LINE OF ROSELAND ROAD (120.00 FOOT RIGHT OF WAY) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL THENCE THE FOLLOWING COURSES: S43'31'06"E 209.35 FEET, S41'100280W 77.22 FEET, S22'16'02"W 32.77 FEET, S88003142"W 54.70 FEET, N8r48$30"W 23.95 FEET, N79'50'57"W 40.79 FEET, N4971'28"W 24.12 FEET, N30'52'19'W 2.48 FEET, S88'51'050W 60.36 FEET, S3794129'W 16.48 FEET, 527055'090W 50.07 FEET, N48'31'23"W 71.25 FEET, TO THE SAID ULTIMATE SOUTH RIGHT OF WAY LINE OF ROSELAND ROAD; THENCE N41'57'21"E ALONG SAID ULTIMATE RIGHT OF WAY LINE A DISTANCE OF 305.98 FEET TO THE POINT OF BEGINNING. CONTAINS 45,340 SOFT, 1.04 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD, IF ANY. SURVEYORS NOTES: 1.) BEARINGS BASED ON THE ASSUMPTION THAT THE SOUTH RIGHT OF WAY UNE OF ROSELAND ROAD BEARS S4413030NE (S442W38"W PER ORB 1350, PAGE 0935). ESSTONAL SURVEYOR I STEVE CARTECHINE CERTIFICATE OF INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, A DEPENDENT SPECIAL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA PREPARED BY: INDIAN RIVER SURVEY, INC. ADDRESS: 2455 14TH AVENUE, VERO BEACH, FLORIDA 32960 PHONE: (772) 589-7880 DRAWN BY: SCJ ^ CHECKED BY: SPC PARCEL ID# SHEET 1 OF 2 ND MAPPER IN RESPONSIBLE CH FLORIDA CERTIFICATE NO. 4895 AUTHORIZATION #0 7545 6I. • jV[tklrm'%lll;l NOT VALID UNLESS SIGNED AND SEALED DRAWING N0, 296B REVISIONS SECTION 21 TOWNSHIP 30 SOU RANGE 38 EAST BK: 2277 PG: 1107 EXHIBIT B SKETCH & DESCRIPTION SEC11ON 21, TOWNSHIP 30 SOUTH, RANGE 38 EAST, FLEMING GRANT THIS IS NOT A SURVEY ULTIMATE RIGHT OF WAY LINE (120' RIGHT OF , WAY)7 V L15 L13 Ln M L11 -+ L12 =z L a mm r�* z c \�� m WESTERLY LINE OF LOT 11 PLAT OF THE TOWN OF WAUREGON PLAT BOOK 1, PAGE 78, SECTION Scale: 1" = 100' SHEET 2 OF 2 NOT VALID WITHOUT THE LEGAL DESCRIPTION ON SHEET 1 OF 2 S4461 3'30"W ROSELAND ROAD 20-02'- L16 L14L POINT OF BEGINNING o SOUTH RIGHT OF WAY LINE (N44025'38"E) PER ORB 13509 10PAGE 0935 L9 L2 z YL8L7 � L6 POINT OF COMMENCEMENT NORTHWEST CORNER OF RIVERWALK SHOPPING CENTER LINE TABLE LINE LENGTH BEARING L1 0.79 S43'31'06"E L2 209.35 543931'06"E L3 77.22 S41' 10'28"W L4 32.77 S22' 16'02" W L5 54.70 S88'03'42"W L6 23.95 N87046'30"W L7 40.79 N79050'57"W L8 24,12 N49'21'28"W L9 2.46 N30052'19"W L10 60.36 S88'51'05"W L11 16.46 S37' 14'29"W L12 50.07 S27055'09"W L13 71.25 N48'31'23"W L14 305.98 N41'57'21 "E L15 12.92 N48'31'23"W L16 306.39 N44' 13'36"E PROJECT NO.: 2968 PREPARED BY: INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING