HomeMy WebLinkAbout07-209
RESOLUTION NO. 07-209
A RESOLUTION ACCEPTING A
PERPETUAL CONSERVATION EASEMENT
ON BEHALF OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that:
The foregoing PERPETUAL CONSERVATION EASEMENT is duly accepted on behalf of St.
Lucie County this 26th day of JUNE, 2007.
;
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EDWIN M, FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3079694 07/10/2007 at 03:40 PM . ESO
OR BOOK 2847 PAGE 2648 . 2660 Doc Type. R
RECORDING: $112.00
G: \ACQ\ WP\Round Island Plantation Easement Resolution.wpd
BOARD OF COUN1Y COMMISSIONERS .
ST. LUCIE COUNTY, FLORIDAS\\.J\Ì C 'is
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Prepared BylReturn To:
Alan 1. Armour II, Esquire
Nason, Yeager, Gerson, W11ite & Lioce, P.A.
1645 Palm Beach Lalces Boulevard, Suite 1200
West Palm Beach, Florida 33401
PERPETUAL CONSERVATION EASEMENT
THIS PERPETUAL CONSERVATION EASEMENT ("Easement") is made this
day of May, 2007, by and between ROUND ISLAND PLANTATION, LLC, a
Florida limited liability company (the "Grantor"), with its principal office at 2655 North Ocean
Drive, Suite 310, Singer Island, Florida 33404, in consideration of TEN DOLLARS ($10.00)
and other valuable consideration, the adequacy and receipt of which are hereby acknowledged,
received from ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida
(the "Grantee"), with its principal office at 2300 Virginia Avenue, Fort Pierce, Florida,
W I IN E.s.,S,E I Ii:
WHEREAS, Grantor is the owner in fee simple of certain real property in St. Lucie
County, Florida, and Indian River County, Florida, more particularly described in Exhibit "A",
attached hereto and incorporated herein by reference (the "Property");
WI-ffiREAS, portions of the Property possesses certain natural, ecological and open space
in need of preservation;
WHEREAS, Grantor and Grantee intend to assure that certain portions of the Property
as depicted and identified on Exhibit "B", attached hereto and incorporated herein by reference
(the "Preserve Areas") will, subject to the terms and provisions of this Easement, be retained
predominately in their current natural, vegetative, hydrologic, scenic, open or wooden
condition; and
WHEREAS, Grantor intends by this instrument to convey to Grantee the right to preserve
and protect the conservation values of the Preserve Areas, reserving unto Grantor all other rights
not inconsistent with this Easement.
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to and in accordance with the
provisions of Section 704.06, Florida Statutes, Grantor hereby voluntarily grants and conveys
to Grantee a conservation easement as follows:
1, Purpose, It is the purpose of this Easement to (a) assure that the Preserve Areas
will be retained predominately in their current natural, vegetative, hydrologic, scenic, open, or
wooded condition, and (b) to prevent any use of the Property that will significantly impair or
interfere with the conservation values of the Preserve Areas, Grantor further intends that this
Easement will confIDe the present and future uses of the Preserve Areas to such compatible
activities set forth herein which the parties agree are not inconsistent with the purpose of tllls
Easement.
2. Rights of Grantee, To accomplish the purpose of tins Easement, the following
rights are conveyed to Grantee;
(a) The right of Grantee to preserve and protect the conservation values of
the Preserve Areas;
. (þ) The right to enter upon the Property, with any necessary equipment and
vehicles, at reasonable times in order to monitor compliance with and otherwise enforce the
terms of this Easement; provided that, except in cases where immediate entry is required to
prevent, terminate or mitigate a violation of this Easement, such entry shall be upon prior
reasonable notice to Grantor, and Grantee shall not in any case unreasonably interfere with
Grantor's use and quiet enjoyment of the Property; and
(c) The right to enjoin any activity on or use of the Property that is
inconsistent with this Easement and to enforce the restoration of such areas or features of the
Preserve Areas that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Except to the extent reserved to Grantor herein, or presently
existing, the following activities are prolnbited in or on the Preserve Areas:
(a) Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other struchlres on or above the Preserve Areas except as provided in
paragraph 4(b).
(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 on the Preserve Areas, as
fmiber defmed and identified herein and in accordance with applicable statutes, ordinances and
administrative rules and regulations.
(c) Removal or intentional destruction of trees, shrubs, or other natural
vegetation (except for the removal of exotic or nuisance plants or vegetation which includes but
is not limited to; Brazilian Pepper, Australian Pine and Melaleuca and Soda Apples or other
exotic or nuisance vegetation designated by the Grantee which exotic or nuisance plants or
vegetation Grantor shall remove in accordance with customary preserve area practices) located
within tile Preserve Areas; provided that this prohibition shall not be construed as restricting
Grantor from devising a management plan or procedure approved in writing by Grantee for the
destruction or removal of trees or other vegetation to control or prevent hazard, disease, or fire.
(d) Commercial excavation, dredging, or removal of minerals, loam, peat,
gravel, soil, or rock,
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(e) Activities detrimental to flood control, water management, conservation,
water storage, erosion control, soil conservation, fish and wildlife habitat preservation, and
allied purposes, or any use or activity that causes, or is likely to cause significant soil
degradation or erosion or significant depletion or pollution of any surface or subsurface waters.
(f) Any commercial activities or operations,
4. Reserved lli~hts, Grantor reserves to itself in perpetuity, its personal
representatives, heirs, successors, and assigns in perpetuity, all rights accruing from its
underlying fee simple title and ownership of the Property and Preserve Areas, including the right
to engage in, or permit or invite others to engage in, all uses of the Property and Preserve Areas
that are not expressly prohibited herein and are not inconsistent with the purpose of this
Easement. Without limiting the generality of the foregoing, the following rights are expressly
reserved: .
(a) To permit parties' use of and access to the Preserve Areas, provided such
use and access does not violate or materially interfere with the purposes of this Easement;
(b) To erect and maintain fences, signs and boundary markers for the
purpose of controlling unauthorized use or access, and establishing bOlll1daries; provided that
such fences and markers shall not materially interfere with the purposes of this Easement;
(c) To enlarge the Preserve Areas, provided Grantor complies with the
applicable ordinances, codes, TIlles and regulations of Grantee that pertains to open space and
other preservation requirements;
(d) Upon the written approval of the 81. Lucie COlll1ty Board of COlll1ty
Commissioners, to reduce the Preservation Areas, provided Grantor complies with the
applicable ordinances, codes, rules and regulations of Grantee that pertains to open space and
other preservation requirements; and
(e) Upon obtaining the applicable governmental approvals, to improve the
Preserve Areas with docks, boardwalks, nature viewing platforms, pile supported crossovers
for access to rivers and waterways, and other improvements which do not violate or materially
interfere with the purposes of this Easement.
5. Notice and Approval. Whenever Grantee's approval is required for any action
to be undertaken by Grantor on the Preserve Areas provided in this Easement, Grantor shall
notify Grantee in writing of its request. The notice shall describe the nature, scope, design,
location, time table, and any other material aspect of the proposed activity in sufficient detail to
permit Grantee to make an informed judgment as to its consistency with the purpose of this
Easement. Where Grantee's approval is required, Grantee shall grant or withhold its approval in
writing within sixty (60) days of receipt upon a reasonable determination by Grantee that the
action as proposed would be inconsistent with the purpose of this Easement. In the event
Grantee's approval is withheld, and Grantor in its discretion deems Grantee's actions to be
unreasonable, Grantor reserves the right to submit the issue or controversy to a court of
competent jurisdiction whose decision shall be binding on the parties, Prior to filing suit, the
parties agree to mediate the dispute with the services of a professional mediator.
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6, Acts Beyond Grantor's Control. Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in
the Property or the Preserve Areas resulting from causes beyond Grantor's control, including,
without limitation, fIre, flood, storm, and earth movement, or from any prudent action taken by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the
Property or Preserve Areas resulting from such causes.
7. Access, No right of access by the general public to any portion of the Property or
Preserve Areas is conveyed by this Easement.
8, Existine Easements, The Easement conveyed herein is subject to existing
easements, provided further that any use of the Preserve Areas shall be subject to Federal and
State laws with respect to pollution,
9, Grantee's NOIl-Liabilíiv, Neither the ownership or attempted enforcement of
Grantee's rights held under this Easement shall subject Grantee to any liability for any damage or
injury that may be suffered by any person on the Property or Preserve Areas or as a result of the
condition of the Property or Preserve Areas, including liability for the disposal of solid wastes or
pollutants.
10. Forbearance. Enforcement of the terms and restrictions of this 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 hereunder.
11. Severabilitv, If any provision of this Easement or the application thereof to any
person or circumstances is found to be invalid, the remainder of the provisions shall not be affected
thereby, as long as the purpose of this Easement is preserved.
12, Notices. All notices, consents, approvals or other communications hereunder
shall be in writing and shall be deemed properly delivered only ea) on the date delivered, if by
personal delivery; (b) if mailed by certified mail/return receipt request, then the date the return
receipt is signed or delivery is refused or the mail is designated by the postal authorities as not
deliverable, as the case may be; or (c) oDe (1) day after mailing by any form of overnight mail
service, Notice to Grantee shall be delivered to the County Administrator with a copy to the
County Attorney.
13, Taxes and Assessments, For so long as Grantor shall retain fee simple title to the
Preserve Areas, Grantor shall keep current on the payment of taxes and assessments on the
Preserve Areas and not allow a lien on the Preserve Areas superior to this Easement. In the event
Grantor fails to extingUish or subordinate any such lien, Grantee may elect to payoff the lien øn
behalf of Grantor and Grantor shall reimburse Grantee for the amount of the payoff, together with
reasonable attorney's fees and costs, and with interest at maximum allowable rates, no later than
thirty (30) days after delivery of notice of such payment. The debt owed to Grantee constitutes
lien against the Preserve Areas which automatically relates back to the date of the recording of
this Easement, and Grantee may foreclose on the Preserve Areas in the manner of mortgages on
real property in the event Grantor does not so reimburse Grantee.
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14. Modification of Easement. llis Easement may only be modified, amended, or
released by recordable written agreement between the parties to be filed in the official public
records of Indian River County, Florida and St. Lucie County, Florida,
15, Amendment. If circumstances arise lmder which an amendment to or
modification of this Easement would be appropriate, Grantor and Grantee are free to jointly amend
this Easement. Any such amendment shall be recorded in the official records of St. Lucie County,
Florida, and Indian River County, Florida.
16, Binding Effect. AJl terms and restrictions herein contained run with the Preserve
Areas and shall inure to the benefit of and be binding upon the parties hereto and their respective
executors, administrators, personal representatives, heirs, successors, and assigns.
17. Police Power, Nothing in this Easement shall be construed as contracting away
Grantee's power to otherwise regulate the property pursuant to Grantee's police power.
TO HA VB AND TO HOLD the same together with all and singular appurtenances
thereunto belonging or in anywise incident or appeltaining to the proper use, benefit and behalf
of the Grantee, its successors or assigns forever.
AND the Grantor hereby covenants with the said Grantee that it is lawfully seized of the
Property and Preserve Areas in fee simple; that it has good right and lawful authority to convey this
Easement; and that it fully walTants and defends the title to the Easement hereby conveyed against
the lawful claims of all persons whomsoever,
IN WITNESS WHEREOF, this Easement, has been executed by the Grantor whose hand
and seal is affixed hereto, the date and year first above written,
Signed, sealed and delivered
in the presence of:
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GRANTOR:
ROUND ISLAND PLANTATION, LLC,
a Florida limited liability company
By:
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George W, HeatoD, a Manager
By:
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STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this 2q~ of May, 2007, by
George W, Heaton, a Manager of Round Island Plantation, LL~orida limited liability
company, on behalf of the limited liability company, (Y) who is personally known to me OR
( ) who produced as identification.
~t'lI~ KRISTINA E MATAS
~pz;¡J MY COMMISSION # 00416856
~~¡ EXPIRES: Apr. 10,2009
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(~7) 398-0153 AorIda Notary Servlce.com
8T A TE OF FLORIDA
COUNTY OF PALM BEACH
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'Print Notary Name
NOTARY PUBLIC
State of Florida at Large
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NOTARY PUBLIC
State of Florida at Large
My Commission Expires: M <::J ~ '20 oc::;
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EXHIBIT A
Legal Description
St. Lucie County:
Section 3, Township 34S, Range 40E; S 100 Ft of N 600 Ft of Govt. Lot 1 Lyg E of A 1A
(1.20 Ac) (OR 1982-1331); and,
Sections 3 and 4, Township 348, Range 40E; S 100 Ft of N 400 Ft of Gov Lots 1, 2 and 3
Lyg Waf A1A in Sec 3 and S 100 Ft of N 400 Ft of Govt Lot 1 in Sec 4 (5,92 Ac)( OR 1981-
2881); and,
Sections 3 and 4, Township 34S, Range 40E; N 150 Ft of Govt Lots 1, 2 and 3 iln Sec 3 W
of A1A and N 150 Ft of Govt Lot 1 in Sec 4 (5.48 Ac) (OR 1981-2881); and,
Sections 3 and 4, Township 34S, Range 40E; S 150 Ft of N 300 Ft of Govt Lots 1, 2 and 3
in Sec 3 W of A1A and S 150 Ft of N 300 Ft of Govt Lot 1 in Sec 4 (9.05 Ac) (OR 1981-
2881); and,
Sections 3 and 4, Township 34S, Range 40E; S 200 Ft of N 600 Ft of Govt Lots 1, 2 And 3
Lyg W of A1A in Sec 3 and S 200 Ft of N 600ft of Govt Lot 1 in Sec 4 (12,90ac) (OR 1981-
2881); and,
Section 3, Township 34S, Range 40E; S 111 Ft of N 711 Ft of Gov Lot 1 Lyg E of A 1A (1,31
Ac) (OR 1982-1330); and,
Sections 3 and 4, Township 34S, Range 40E; S 111 Ft of N 711 Ft of Gov Lots 1, 2 and 3
Lyg W of A1A See 3 and 8 111 Ft of N 711 Ft of Gov Lot 1 in Sec 4 (7.48 Ac) (OR 1981-
2881); and,
Indian River County:
Kansas City Colony Sub.; Kansas City Colony PBS 4-23 LOT 25, Less that portion Lying E
of 8t Rd A 1A RNV as it exists in May 10 1989, with RIP Rights.
EXHIBIT B
ROUND ISLAND CONSERVATION EASEMENT NO.1
Portions of Government Lots 1, 2 and 3, Section 3, Township 34 South, Range 40 East, SI. Lucie County,
Florida. More particularly described as follows:
Commencing at the intersection of the south line of the north 711 feet of Government Lot 1, Section 4,
Township 34 South, Range 40 East and the west right of way of State Road A-1-A (100 feet right of way)
run S. 89°19'28" W., along said south line, 4.27 feet to the POINT OF BEGINNING. From the POINT OF
BEGINNING continue S. 89°19'28" W" along said south line a distance of 1 ,374,02 feet to the Mean High
Water Line of the Round Island Creek; thence running along the Mean High Water Line for the next 57
courses; thence N, 03°40'18" W., a distance of 8,57 feet; thence N. 08°22'28" W, a distance of 13.80
feet; thence N. 13°35'02" W, a distance of 17.97 feet; thence N. 17"59'12" W, a distance of 15.62 feet;
thence N.12°11'49" W., a distance of 15.63 feet; thence N, 03°41'42" W, a distance of 10.64 feet; thence
N, 05°33'39" W, a distance of 12.03 feet; thence N. 05°16'48" W, a distance of 25.04 feet; thence N.
06°09'42" W., a distance of 12,51 feet; thence N. 05°42'59" W, a distance of 11,03 feet; thence N,
08°47'44" W" a distance of 11,55 feet; thence N. 07"42'56" W, a distance of ~,31 feet; thence N.
60°40'03" W., a distance of 3.14 feet; thence N, 46°18'32" W, a distance of 4,06 feet; thence N.
15°43'27" W., a distance of 8.01 feet; thence N. 09°28'19" W, a distance of 13,19 feet; thence N.
07"59'51" W, a distance of 13.86 feet; thence N.14°03'01"W, a distance of 7,95 feet; thence N.
34°43'21" W" a distance of 3.81 feet; thence N, 33°43'03" W" a distance of 12.16 feet; thence N.
30°26'12" W, a distance of 12.85 feet; thence N. 26°50'28" W, a distance of 12,25 feet; thence N.
36°53'54" W., a distance of 16,15 feet; thence N. 35°01'11" W, a distance of 26,28 feet; thence N.
30°48'02" W, a distance of 19.93 feet; thence N. 30°54'52" W, a distance of 19,80 feet; thence N.
28°01'46" W., a distance of 15,98 feet; thence N, 30°33'20" W, a distance of 20.32 feet; thence N.
31°25'46" W" a distance of 27.66 feet; thence N. 32°54'11" W, a distance of 17.50 feet; thence N.
33°42'41" W., a distance of 21.06 feet; thence N, 27"37'18" W, a distance of 17.44 feet; thence N,
42°38'37" W., a distance of 23.87 feet; thence N. 38°08'11" W, a distance of 22,77 feet; thence N.
45°01'47" W., a distance of 16.90 feet; thence N. 33°57'43" W, a distance of 29.10 feet; thence N.
26°35'19" W., a distance of 17.89 feet; thence N. 35°29'00" W, a distance of 13.23 feet; thence N.
30°00'26" W., a distance of 9.80 feet; thence N, 44°31 '44" W, a distance of 22.43 feet; thence N.
43°27'11" W" a distance of 13,78 feet; thence N, 39°33'07" w., a distance of 9,27 feet; thence N,
30°13'02" W" a distance of 11,37 feet; thence N, 22°42'06" W, a distance of 12.98 feet; thence N.
01°14'38" W., a distance of 14.18 feet; thence N. 28°54'41" E., a distance of 6,19 feet; thence N.
17"53'46" W" a distance of 6,09 feet; thence N. 44°28'24" W., a distance of 13.62 feet; thence N.
43°27'37" W., a distance of 19.32 feet; thence N. 43°27'36" W., a distance of 19.32 feet; thence N.
45°43'05" W., a distance of 24.63 feet; thence N. 46°49'50" W, a distance of 14.51 feet; thence N.
46°50'52" W., a distance of 11.50 feet; thence N, 30°41'44" W, a distance of 13.62 feet; thence N.
27"29'55" W., a distance of 12,80 feet; thence N. 27"28'30" W, a distance of 13.14 feet; thence N,
26°20'57" W., a distance of 5.21 feet to the north section line; thence N. 89°19'28" E., along said section
line a distance of 960.13 feet; thence S. 32°55'51" W., a distance of 32.11 feet; thence S. 07"46'06" E" a
distance of 67.82 feet; thence S, 31 °04'58" E, a distance of 42,88 feet; thence S. 43°40'57" E" a distance
of 77.73 feet; thence S, 51°43'00" E, a distance of 82.51 feet; thence S, 17"11'38" E., a distance of 67.58
feet; thence S. 51°46'56" E., a distance of 39.53 feet; thence S, 40°01'04" W., a distance of 22.40 feet;
thence N. 61 °47'01 "W., a distance of 49.58 feet; thence S, 01 °39'50" W, a distance of 14.27 feet; thence
S. 50058'21"E., a distance of 64.31 feet; thence 5.35°04'27" E., a distance of 64,25 feet; thence S,
23°19'40" E, a distance of 45,24 feet; thence N,88°27'04" E, a distance of 89.76 feet; thence S.
27"21 '33" E., a distance of 55.48 feet; thence S,22°15'22" E" a distance of 77.21 feet; thence S.
55°33'29" E., a distance of 21.25 feet; thence 5.49°14'06" W" a distance of 26.49 feet; thence S.
21°24'32" E., a distance of 4.33 feet; thence 5, 23°59'13" W., a distance of 23,23 feet; thence S.
20°56'16" W., a distance of 7.82 feet; thence N. 83°53'37" E, a distance of 109.23 feet to the point of
Exhibit "B" -- Page 1 of 5
EXHIBIT B
curve of a non tangent curve to the left, of which the radius point lies S. 85018'53" W., a radial distance of
282.23 feet; thence northerly along the arc, through a central angle of 06°44'29", a distance of 33,21 feet
to a point of reverse curve to the right having a radius of 18.00 feet and a central angle of 90°35'29";
thence northeasterly along the arc, a distance of 28.46 feet to a point of compound curve to the right
having a radius of 858.00 feet and a central angle of 07"50'47"; thence easterly along the arc, a distance
of 117.50 feet to a point of compound curve to the right having a radius of 43.00 feet and a central angle
of 92°18'48"; thence southeasterly along the arc, a distance of 69,28 feet; thence S, 00°40'32" E., a
distance of 22.24 feet to a point of curve to the left having a radius of 60.00 feet and a central angle of
90°00'00"; thence southeasterly along the arc a distance of 94.25 feet; thence N. 89019'28" E., a distance
of 34,12 feet to a point of curve to the left having a radius of 65.00 feet and a central angle of 19°08'30";
thence easterly along the arc a distance of 21,72 feet; thence N, 70°10'58" E., a distance of 4.29 feet to a
point of curve to the right having a radius of 25.00 feet and a central angle of 88°58'29"; thence
southeasterly along the arc a distance of 38.82 feet to the POINT OF BEGINNING.
Containing 685,714,65 square feet or 15.7418 acres, more or less.
END OF DESCRIPTION,
NOTE: This description is based upon line work provided by Carter and Associates and NOT a survey.
Exhibit "B" -- Page 2 of 5
EXHIBIT B
ROUND ISLAND CONSERVATION EASEMENT NO.2
Portions of Government Lots 1, 2 and 3, Section 3, Township 34 South, Range 40 East and Government
Lot 4, Section 4, Township 34 South, Range 40 East, both in St. Lucie County, Florida. More particularly
described as follows:
Commencing at the intersection of the south line of the north 711 feet of Government Lot 1, of said
Section 3, and the west right of way of State Road A-1-A (100 feet right of way) run S, 89°19'28" W.,
along said south line, a distance of 1973.27 feet to the west Mean High Water Line of Round Island Creek
and the POINT OF BEGINNING. From the POINT OF BEGINNING continue S,89°19'28" W" along said
south line a distance of 1 ,294,76 feet to the west line of said Section 3; Thence into aforementioned
Section 4, leaving said South line, run S. 89°19'28" W., a distance of 366.60 feet to the Mean High Water
Line of the Indian River; thence following the Mean High Water Line for the next 18 courses; run N.
29°06'22" E., a distance of 32.89 feet; thence N, 32°48'42" E" a distance of 38.95 feet; thence N.
26°39'14" E., a distance of 41.45 feet; thence N, 24°26'37" E.. a distance of 68.17 feet; thence N.
20°04'09" E, a distance of 79,81 feet; thence N, 20°38'47" E., a distance of 44,06 feet; thence N.
49°23'09" E., a distance of 16.07 feet; thence N, 32°33'08" E., a distance of 18.22 feet; thence N.
36°22'38" E., a distance of 40.67 feet; thence N. 23°51'06" E., a distance of 61,57 feet; thence N.
24°17'09" E., a distance of 98.79 feet; thence N. 21°06'42" E, a distance of 39,28 feet; thence N.
19°40'56" E., a distance of 28.93 feet; thence N, 19°16'55" E, a distance of 75.31 feet; thence N.
19°44'42" E., a distance of 34.40 feet; thence N. 31 °38'29" E" a distance of 22.34 feet; thence N.
38°12'07" E. a distance of 54.74 feet; thence N, 33°28'05" E., a distance of 6,85 feet to the north line of
Section 4; thence S. 89°41'34" E., along said north line, a distance of 17.33 feet to the northeast corner
of said section; thence N. 89°19'28" E., along the north line of Section 3, a distance of 286.29 feet to the
west Mean High Water Line of Round Island Creek; thence run the following 67 courses along the west
Mean High Water Line. run S. 01 °11 '02" W., a distance of 9,52 feet; thence S, 06°44'12" E" a distance of
23,93 feet; thence S, 08°36'59" E" a distance of 9,99 feet; thence S. 08°42'32" E" a distance of 7.45 feet;
thence S. 08°57'38" E., a distance of 16.41 feet; thence S.14°11'39" E" a distance of 18.84 feet; thence
S. 23°09'27" E., a distance of 26,28 feet; thence S. 25°54'22" E., a distance of 12,25 feet; thence S.
30°05'39" E., a distance of 16.27 feet; thence S. 31°47'09" E., a distance of 13,73 feet; thence S,
38°26'49" E" a distance of 6.86 feet; thence S. 55°33'19" E., a distance of 15,07 feet; thence S, 59°35'30"
E., a distance of 17,20 feet; thence S. 58°07'41" E" a distance of 8,67 feet; thence S. 64°44'50" E" a
distance of 23.53 feet; thence S. 71 °34'58" E, a distance of 13,52 feet; thence S. 84°26'01" E, a distance
of 12.58 feet; thence N. 81°25'27" E., a distance of 13.35 feet; thence N. 76°46'24" E., a distance of 12,63
feet; thence N. 69°56'13" E., a distance of 15.12 feet; thence N. 63°43'34" E., a distance of 12.72 feet;
thence N.70034'46" E., a distance of 36.56 feet; thence N, 69°18'38" E., a distance of 26.08 feet; thence
N. 75°58'40" E., a distance of 20.85 feet; thence N. 85°17'49" E., a distance of 25.38 feet; thence S.
87"34'59" E., a distance of 21.14 feet; thence S, 83°03'15" E., a distance of 24.58 feet; thence S,
79°17'52" E., a distance of 22.41 feet; thence S. 70°21'54" E., a distance of 13,27 feet; thence S.
55°12'46" E, a distance of 9.43 feet; thence S. 58°11 '25" E, a distance of 23.68 feet; thence S. 72°09'26"
E, a distance of 25.29 feet; thence S. 77"51'00" E" a distance of 31.74 feet; thence S .88°20'00" E, a
distance of 27,56 feet; thence N. 78°42'05" E, a distance of 28.64 feet; thence N, 77°17'18" E, a
distance of 25.50 feet; thence N, 82°37'39" E., a distance of 26.88 feet; thence S. 89°05'30" E" a
distance of 25.43 feet; thence S. 85°39'58" E., a distance of 29.34 feet; thence S, 69°16'25" E" a distance
of 28.48 feet; thence S. 60°41'24" E., a distance of 28.00 feet; thence S. 60°59'27" E., a distance of 29.81
feet; thence S. 60°28'18" E., a distance of 33.75 feet; thence S, 56041'11" E., a distance of 27,53 feet;
thence S. 53°31'37" E., a distance of 37.65 feet; thence S. 31°57'11" E., a distance of 19.86 feet; thence
S. 46°00'41" E., a distance of 31.25 feet; thence S. 43°38'57" E., a distance of 20,11 feet; thence S,
44°16'33" E" a distance of 18.41 feet; thence S, 39°45'34" E., a distance of 22.62 feet; thence S,
36°25'22" E., a distance of 23.55 feet; thence S, 30°09'25" E., a distance of 19,50 feet; thence S.
Exhibit "B" -- Page 3 of 5
EXHIBIT B
35°00'16" E., a distance of 23.41 feet; thence S, 36°47'00" E., a distance of 16,62 feet; thence S,
40°31'04" E" a distance of 20.26 feet; thence S. 41°01'49" E., a distance of 25,13 feet; thence S.
39°27'34" E, a distance of 18.04 feet; thence S. 32°37'38" E., a distance of 19.95 feet; thence S.
32°58'56" E, a distance of 22.92 feet; thence S. 23°59'04" E., a distance of 16.57 feet; thence S.
21°42'09" E., a distance of 30.06 feet; thence S. 09°54'14" E., a distance of 29.38 feet; thence S.
14°13'48" E" a distance of 26.04 feet; thence S, 09°01'06" E., a distance of 46.70 feet; thence S.
1 r26'54" E, a distance of 22.98 feet; thence S. 19°56'00" E, a distance of 21,86 feet; thence S.
24°22'56" E., a distance of 8.78 feet to the POINT OF BEGINNING,
Containing 813,256.27 square feet or 18.6698 acres, more or less.
END OF DESCRIPTION,
NOTE: This description is based upon line work provided by Carter and Associates and NOT a survey,
Exhibit "B" -- Page 4 of 5
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File: 05-063
OF
CONSERVATION EASEMENTS 1 &2
PREP ARE FOR;
ROUND ISLAND PLANTATION
Dole; 04-13-2007
Tech; WCF
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EXHIBIT B
Sheet 1 of 1
CONSUL liNG ENGINEERS
&
lAND SURVEYORS
2960 SOUTH 2~th SiREET
FORT PIERCE. FLORIDA .34962
(772) '6'-3537
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Exhibit "8" -- Page 5 of 5