HomeMy WebLinkAbout07-071
RESOLUTION NO. 07-071
A RESOLUTION ACCEPTING A CONSERVATION EASEMENT
FOR NATIVE UPLAND HABITAT AREAS WITHIN PGA
VILLAGE FROM RESERVE HOMES LTD., L.P. ON BEHALF
OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida,
that:
The foregoing CONSERVATION EASEMENT is duly accepted on behalf of St. Lucie
County this 27th day of February, 2007.
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EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3032196 03/27/2007 at 03:13 PM
OR BOOK 2787 PAGE 242 - 249 Doc Type: RESQ
RECORDING: $69.50
CONSERV AnON EASEMENT TO THE COUNTY
ON RED COCKADED WOODPECKER SITE
PreDared bvand Return to:
Daniel S. McIntyre, Esquire
St. Lucie County Attorney
2300 Virginia Avenue
3rd Floor Admin Annex
Fort Pierce, FL 34982-5652
Recording of this Conservation Easement shall constitnte notice to the property appraiser and tax
collector of St. Lncie County of the conveyance of this Conservation Easement to St. Lucie County,
Florida.
CONSERV AnON EASEMENT
THIS CONSERV AnON EASEMENT (the "Conservation Easement") is given this -;¡-
day of February, 2007, by RESERVE HOMES LTD., L.P., a Delaware limited partnership
(hereinafter the "Grantor") to ST. LUCIE COUNTY, a political subdivision of the State of Florida
(hereinafter the "Grantee"). As used herein, the tenn Grantor shall include any and all heirs,
successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter
defmed) and the tenn Grantee shall include any successor or assignee of Grantee.
WITNESSEm
WHEREAS, the Grantor is the owner of certain lands located within the development now
known as "PGA Village" and fonnerly known as the "Reserve" in St. Lucie County, Florida, and
more specifically described in Exhibit "A" attached hereto and incorporated herein ("Property");
and
WHEREAS, the purpose of this Conservation Easement is to identify the location of
existing native upland habitat areas within the Property and to provide for the preservation of
such upland habitat areas;
WHEREAS, this Agreement is also intended to comply with the tenns of Condition IS
of the Development Order for the Reserve Development of Regional Impact, as adopted by
Resolution 89-17 and subsequently amended ITom time to time (the "Development Order"), with
respect to the identification and preservation ofthe upland habitat areas within the Property; and
WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual
conservation easement as defined in Section 704.06, Florida Statutes (2005), over the Property for
the purpose of preserving the upland habitat areas within the Property.
NOW, mERE FORE, in consideration of the foregoing premises together with
other good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement
WPB 921785.1
for and in favor of the Grantee upon the Property.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Preservation. It is the purpose of this Conservation Easement to preserve the upland
habitat areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition
and to retain such upland habitat areas within the Property as upland habitat in adherence with the
Management Plan. Those upland habitat areas included in the Conservation Easement are to be
maintained as required by the Management Plan.
To carry out this purpose, the following rights are conveyed to Grantee by this Conservation
Easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably
interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and
b. To enjoin any ac1ivity on or use of the Property that is inconsistent with this
Conservation Easement and to enforce the restoration of such upland habitat areas of the Property
that may be damaged by any inconsistent activity or use.
2. Prohibited Acts. Except for restoration, creation, enhancement, maintenance and
monitoring activities, or surface water management improvements, which are pennitted or required
by the Management Plan, the following activities are prohibited in or on the Property:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for the
removal of exotic or nuisance vegetation in accordance with the Management Plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface;
e. Surface use except for purposes that penn it the land or water area to
remain in its natural condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited
to, ditching, diking and fencing; and
g. Acts or uses detrimental to such aforementioned retention of land or water
areas.
3. Passive Recreational Facilities Pennitted. Grantor reserves all rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited herein and that
WPB 921785.1
are not inconsistent with the Management Plan and the intent and purposes of this Conservation
Easement. Passive recreational uses that are not contrary to the purpose of this Conservation
Easement may be pennitted upon written approval by the Grantee.
a. The Grantor may conduct limited land clearing for the purpose of
constructing such pervious facilities as wildlife observation platfonns, boardwalks or mulched
walking trails.
b. The construction and use of the approved passive recreational facilities
shall be subject to the following conditions:
i. Grantor shall minimize and avoid, to the fullest extent possible,
impact to any upland habitat areas within the Property;
ii. Such facilities and improvements shall be constructed and
maintained utilizing Best Management Practices;
Ill. This Conservation Easement shall not constitute pennit
authorization for the construction and operation of the passive recreational
facilities. Any such work shall be subject to all applicable federal, state or
local pennitting requirements.
4. No right of access by the general public to any portion of the Property is conveyed
by this Conservation Easement.
5. Grantee shall not be responsible for any costs or liabilities related to the operation,
upkeep or maintenance of the Property.
6. Any costs incurred in enforcing, judicially or otherwise, the tenns, provisions and
restrictions of this Conservation Easement shall be borne by and recoverable against the non-
prevailing party in such proceedings.
7. Enforcement of the tenns, provisions and restrictions of this Conservation Easement
shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise
its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to
be a waiver of Grantee's rights hereW1der.
8. Grantee will hold this Conservation Easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this Conservation Easement except
to another organization qualified to hold such interests under the applicable state laws.
9. If any provision of this Conservation Easement or the application thereof to any
person or circumstances is found to be invalid, the remainder of the provisions of this Conservation
Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is
preserved.
10. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed properly given if sent by United States certified mail, return receipt
requested, addressed to the appropriate party or successor-in-interest.
WPB 921785.1
II. This Conservation Easement may be amended, altered, released or revoked only by
written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which
shall be filed in the public records in St. Lucie County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purpose imposed with this Conservation Easement shall be binding upon Grantor,
and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property
in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the
terms of this Conservation Easement and all mortgages have been joined or subordinated; that
Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby
fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful
claims of all persons whomsoever.
IN WITNESS WHEREOF, RESERVE HOMES, LID., L.P., has executed this
Conservation Easement this 7 day of February, 2007.
WITNESSES
By:
RESERVE HOMES LTD., L.P.,
a Delaware limited partnership
By:
By:
Print
Title:
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me this:f day of February, 2007, by
John Csapo, as Manager of Kolter Property Development, LLC, a Delaware limited liability
company, the general partner of Reserve Homes, L TD, LL, Delaware limited partnership, who
is personally known to me or who has produced identific ion and 0 did (did not) take an oath.
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NICOLE e. ANGEI.AKOS ¡
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WPB 921785.1
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STATE OF FLORIDA
COUNTY OF ST. LUCIE
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BOARD OF COUNTY COMMISSIONERS'
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The foregoing instrument was acknowledged before me this .i3!iíday of fr¡¡./\t'~ ,
2007, by 7:!(?.J¡rl.J('-rFtFí , as the Chairperson of the Board of County CommIssioners of
St. Lucie County, Florida, who is personally known to me or who has produced identification and
who did (did not) take an oath.
(Seal)
WPB 9217851
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DESCRIPTION: ¡PGA @ THE RESERVE - WOODPECKER HABITAT-AREA "A")
A PARCEL OF LAND LYING IN PART OF SECTIONS 22 AND 27, TOWNSHIP 36
SOUTH~ RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 66 ACCORDING TO THE PLAT OF
RESERVE PLANTATION PHASE I AS RECORDED IN PLAT BOOK 24, PAGE 20 OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID POINT BEING ON THE
SOUTHERLY LINE OF A 300.00 FOOT INGRESS AND EGRESS EASEMENT KNOWN
AS "RESERVE BOULEVARD·, AND RECORDED IN OFFICIAL RECORD BOOK 629.
PAGES 2523 THROUGH 2526 INCLUSIVE OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, THENCE SOUTHEASTERLY ALONG THE SOUTHERLY
EXTENSION OF SAID "RESERVE BOULEVARD"; SOUTH 48°11'37" EAST. A
DISTANCE OF 270.27 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE
TO THE SOUTHWEST HAVING A RADIUS OF 2350.00 FEET AND A CENTRAL
ANGLE OF 13°08'14"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE, AN ARC DISTANCE OF 538.83 FEET TO A POINT ON NON-RADIAL
INTERSECTION; THE RADIUS POINT OF SAID CURVE BEARS SOUTH 54°56'37"
WEST FROM THIS POINT; THENCE, NON-RADIALLY, SOUTH 41°48'23" WEST, A
DISTANCE OF 758.60 FEET; THENCE NORTH 48°11'37" WEST, A DISTANCE OF
822.78 FEET TO THE SOUTHEAST CORNER OF SADDLEBROOK DRIVE AS SHOWN
ON THE PLAT OF RESERVE PLANTATION PHASE I. AS RECORDED IN PLAT BOOK
24. PAGE 20, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG
THE SOUTHERLY LIMITS OF SAID RESERVE PLANTATION PHASE 1 THE FOLLOWING
THREE COURSES; NORTH 14°27'22" WEST, A DISTANCE OF 112.07 FEET TO A
NON-RADIAL INTERSECTION WITH A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 890.00 FEET, A CENTRAL ANGLE OF
34°44'10" AND WHOSE RADIUS POINT BEARS NORTH 17°01'54" WEST FROM
SAID INTERSECTION; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 539.57 FEET TO THE POINT OF TANGENCY; THENCE NORTH
38°13'56" EAST, A DISTANCE OF 242.31 FEET TO THE POINT OF BEGINNING.
CONTAINING 15.19 ACRES MORE OR LESS.
MlSC\93267-A.OES
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