HomeMy WebLinkAbout07-215
8
-..-I
Ul
'..-I
:>
'..-I
Cl
8
'..-I
+J
...-1
Ul
-..-I
g,
~
:>i
+J
i
........
:>i
6
.8
~
:>i
+J
g
o
..
.8
~
&
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 319119S 04/08/2008 at 04:31 PM
OR BOOK 2959 PAGE 109 - 115 Doc Type: RESO
RECORDING: $61.00
RESOLUTION NO. 07-215
A RESOLUTION ACCEPTING A
CONSERV ATION 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 CONSERV ATIONEASEMENT is duly
County this3rd day of JULY, 2007.,
BY:
ATTEST:
.....
EDWIN M, FRY, Jr" CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 310860709/14/2007 at 02:58 PM
OR BOOK 2880 PAGE 590 - 596 Doc Type: RESO
RECORDING: $61.00
BY:
G:\ACQ\WP\Conservation Easements\Treasure Coast Lexus\Resolution No. 07-215,wpd
This Resolution is being re-recorded to correct the legal description.
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this~day of J'Zttj ~_ ,2007, by
Sanford L. Woods ("Grantor"), whose business mailing address is 9207 Adamo Drive, Tampa, FL
33619, in favor of ST. LUCIE COUNTY, a political subdivision of the state of Florida ("Grantee"),
whose business mailing address is 2300 Virginia Avenue, Ft Pierce 34982. As used herein, the
term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all
subsequent owners of the "Property" (as hereinafter defined) and the term Grantee shall include
any successor or assignee of Grantee.
WITNESSETH
WHEREAS, Grantor is the owner of thatcertain real property situated in St Lucie County, Florida,
being 2.739 acres, more or less, and more specifically described in Exhibit "A" attached hereto and
incorporated herein (the "Property"); and
WHEREAS, Grantor desires that the Propertybe preserved and maintained in perpetuity as part of
St. LuCie County's Natural Areas System; and
WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual
conservation easement as defined in Section 704.06, F.S. (2000), over the property and Grantee is
willing to accept such conservation easement; and
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions,
and restrictions contained herein, and pursuant to the laws of the State of Florida and in particular
Section 704.06, F.S., Gran,tor hereby voluntarily grants, creates, and establishes a conservation
easement for and in favor of the Grantee upon the Property described in Exhibit "A" attached
hereto, of the nature and character and to the extent hereinafter set forth, which shall' run with the
land and be binding upon the Grantor, and shall remain in full force and effect forever.
1. It is the purpose of this conservation easement (Easement) to assure that the Property will
be retained forever predominantly in its natural condition and that the land and water areas
will be retained and managed in a manner that will protect native. plant and animal
communities. Grantee will hold this Easement exclusively for conservation and passive
recreational purposes.
2. To accomplish the purpose of this Easement, the following rights are conveyed to Grantee
by this Easement:
a. To enter upon the Property at reasonable times in order to .enforce the rights herein,
provided that such entry shall not unreasonably interfere with the use and quiet
enjoyment of the Property by the Grantor; and .
b. 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 Property
that may be damaged by any inconsistent activity or use.
3. Grantor reserves to itself, and to its personal representatives, heirs, successors and
assigns 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 that are not inconsistent with the
05-476 SLC Conservation Easement.doc
6/7/200710:55AM
1
purpose of this Easement, the preservation of the Property substantially in its natural
condition, and the protection of its environmental systems.
4. Notwithstanding anything contained hereinto the contrary, the Grantor reserves the right to
conduct or contract to have conducted any and all land management activities or natural
systems restoration, creation, enhancement, maintenance and monitoring activities, or
construction of passive public use facilities consistent with the intent of this Easement.
Without limiting the generality of the foregoing, the following rights are expressly reserved:
a. The Grantor may conduct limited land clearing for the purpose of constructing
recreational public use or management facilities such as docks, boardwalks, trails,
firebreaks and management roads; and
b. The Grantor may construct and operate passive recreational facilities; and
c. The Grantor may place signs or markers as necessary to identify property
boundaries, trails, restoration areas or other site features or activities related to
management and maintenance or the passive recreational use of the Property; and
d. The Grantor may maintain management roads, trails, walkways or other public use
facilities; and
e. The Grantor may remove or kill, by any lawful means, exotic or nuisance vegetation
and animal species, and conduct prescribed burning or other management activities
necessary to carry out conservation; and
f. The Grantor may conduct site restoration or enhancement projects determined by
the Grantor not to conflict with the purpose of this Easement. .
5, Subject to the reservations stated in Sections--- 3 and 4, the following activities are
prohibited in or on the Property:
a. Construction or placing of buildings, roads, signs, billboards, advertising, utilities, or
other structures on or above the ground other than those roads, structures or signs
that may be authorized herein and are consistent with, or necessary to accomplish
the purpose of this Easement; and
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; and
c. Removal or destruction of trees, shrubs, or other vegetation; and
d. Excavation, dredging, orremovalof loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface; and
e. 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 interior fencing (perimeter fencing shall not be considered a
violation of this subparagraph); and
f. Acts or uses detrimental to such aforementioned retention of land or water areas;
and
g. Acts or uses which are detrimental to the preservation of any features or aspects of
the Property having historical or archaeological significance except for those lawful
acts necessary to achieve natural area.
6. No right of access by the general public is conveyed or restricted by this Easement.
05-476 SLC Conservation Easement.doc
6/7/2007 10:55AM
2
7. Grantee shall not be responsible for any costs and liabilities related to the operation,
upkeep and maintenance of the Property.
8. Enforcement of the terms, provisions and restrictions of this Easement shall be at the
reasonable discretion of Grantee, and any forbearance on behalfofGranteeto 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.
9. The Grantor agrees to maintain the Property in accordance with that certain Preserve Area
Monitoring and Management Plan ("Management Plan") dated February 2007 which is
incorporated by reference into this Easement.
10, The Grantor is responsible for noxious weed control. and emergency control of pests
required by all federal State and local laws. A plan to control noxious weed and pests will be
part of the Management Plan.
11, The Grantor shall pay any and aU real property and other taxes and assessments, if any,
which may be levied against this Property.
12. Upon approval of the Grantor, this Easement may be transferred or assigned to another
organization qualified to hold such interests under applicable State laws. Transfers or
assignments shall be accomplished by amendment of this Easement.
13.lf any provision of this Easement or the application thereof to any person or circumstance is
found to be invalid, the remainder of the provisions of this Easement shall not be affected
thereby, as long as the 'purpose of the Easement is protected.
14. This Easement may be amended, altered, released or revoked only by written agreement
between the parties hereto and their heirs, assigns or successors-in-interest, which shall be
filed in the public records in 8t. Lucie County.
15, All notices, consents, approval 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.
16. Notwithstanding any provisions of the easement to the contrary, the parties acknowledge
and agree th'at this Easement is and shall remain subject and subordinate to the Grant
Agreement.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions
and purpose imposed with this Easement shall be binding upon Grantor, and shall continue as
a servitude running in perpetuity with the Property.
05-476 SLC Conservation Easement.doc
6/7/2007 10:55 AM
3
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 encumbrances that are inconsistent with the terms of
this Easement; that Grantor has good right and lawful authority to convey this Easement; and that it
hereby fully warrants and defends the title to the Easement hereby conveyed against the lawful
claims of all persons whomsoever.
IN WITNESS WHEREOF, the Parties hereto have executed this Conservation Easement this
day of .. ~ . _ ... ,2007, n
By: >iif!= d>!! JV irz&
Sanford L. oods
Witnessed By: ;Vi<..{(. BIS;:~d>f
(printed name)
(00-' ( t-{ 1\ \\roll~h ~
(printed name ( .
~~~.~
(signa re)
4:Y~!Jt!t~~..
.. . (signature)
STATE OF FLORIDA
COUNTY OF ST. LUCIE
05-476 SLC Conservation Easement.doc
6/8/2007 11 :29 AM
4
,,-$0' I'q~ DB
~ V.. MY
"1' OF ~'I>~ E
(407) 398-0153
(), The. fo.regoing instrument was c;lckn6wledged before m'e this
t;lA.At...Z. , 2007, by Sanford L. Woods, ~ who are personally
r~ who have produced their driver's license as Toof of identi ication,
IdJA
Notary Public
MISSIONERS
LEGAL DESCRIPTION
Being a parcel of land lying in Section 3, Township 36 South, Range 40 East, St. Lucie
County, Florida, being more particularly described as follows:
Commence at the center of section of. said Section 3; thence S89"53'07"W, along the
1/4 Section line, a distance of 731.0 feet to the West line extended of Parcel 2, as
recorded in Official Records Book 380, Page 559 Public Records of St. lucieCounty, Florida;
thence SOO"20'19"E, along said West line, a distance of 617.58 feet to the POINT OF
BEGINNING of the following described parcel;
'"
So
"0
<Ii
1:
Q)
'"
~
c.
-6
o1S
'"
ID
t-.
.,.
,j,
9
>>
Q)
1:
"
~
"
><
(l)
-'
'"
'"
o
o
~
iil
'"
Q)
.=
ID
t-.
.,.
,j,
o
ro
o
o
'l'
'0'
g;
Thence continue SOO"20'19"E, along said West line, a distance of 333.43 feet to the
South line of the North 1 005,00 feet, as recorded in Official Records Book 314, Page 2052
Public Records of St. Lucie County; thence S89"53'07"W, along said South line, a distance
of 261.38 feef to the East line of the West 1/2-West 1/2 of the Northeast 1/4 of the
Southwest 1/4; thence S00016' 42"E, along said East line, a distance of 316.80 feet to the
1/4-1/4 Section line; thence N89"53'56"E, along said 1/4-1/4 Section line, a distance of
331.16 feet to the West line of the East 661.55 feet; thence NOO"20'19"W, along said West
line of the East 661.55 feet, a distance of 179,02 feet; thence N89052'36"W a distance of
3.91 feet; thence NOoo09'35"E a distance of 19,73 feet to the intersection with a non
tangent curve concave to the southwest, having a radius of 4,33 feet, the chord of which
bears N45000'04"W; thence northwesterly along the arc of said curve, a distance of 6.82
feet through a central angle of 90"13'10"; thence S89"54'24"W a distance of 1.93 feet;
thence NOO"06'53"W a distance of 85. 79 feet to the beginning of a curve concave to the
southwest having a radius of 4,33 feet; thence northwesterly along the arc of said curve a
distance of 6.80 feet through a central angle of 90000'00"; thence S89053'07"W a distance
of 13.67 feet; thence NOoo06'53"W a distance of 131,23 feet; thence N89053'07"E a
distance of 13.67 feet to the beginning of a curve concave to the northwest having a
radius of 4.33 feet; thence northeasterly along the arc of said curve a distance of 6,80
feet through a central angle of 90000'00"; thence NOO.06'53"W a distance of 20.00 feet to
the beginning of a curve concave to the southwest having a radius of 4.33 feet; thence
northwesterly along the arc of said curve a distance of 6.80 feet through a central angle
of 90000'00"; thence S89053'07"W a distance of 13,67 feet; thence NOoo06'53"W a distance
of 31,34 feet; thence N89"53'07"E a distance of 17,67 feet to the beginning of a curve
concave to the northwest having a radius of 14.33 feet; thence northeasterly along the arc
of said curve a distance of 22,51 feet through a central angle of 90"00'00"; thence
NOoo06'53"W a distance .of 5.95 feet to the beginning of a curve concave to the southwest
having a radius of 19,33 feet; thence northwesterly along the arc of said curve a distance
of 26.38 feet through a central angle of 78012'03" to the point of reverse curvature with a
curve concave to the northeast, having a radius of 25.67 feet; thence northwesterly along
the arc of said curve a distance of 34,99 feet, through a central angle of 78005'30";
thence NOO"13'28"W a distance of 43.48 feet to the beginning of a curve concave to the
southeast having a radius of 25,67 feet; thence northeasterly along the arc of said curve a
distance of 26,22 feet through a central angle of 58"31'54" to the point of reverse
curvature with a curve concave to the northwest, having a radius of 4,33 feet; thence
northeasterly along the arc of said curve a distance of 4.40 feet, through a central angle
of 58011'52"; thence NOO"06'34"E a distance of 32.69 feet; thence S89039'41"W a distance.
of 53,75 feet to the West line of said Parcel 2 and the POINT OF BEGINNING,
REVISED LEGAL DESCRIPTION GLM 3~13-08
Sheet 1 of 2
OF
File: 05-476s&d
preserve,dwg
Date: 1-26-2007
(1i-CUlPEPPER .
-~=TERPENING.INC.
CONSUL TlNG ENGINEERS
&
LAND SURVEYORS
2980 SOUTH 25th STREET
FORT PIERCE. FLORIDA 34982
(772) 464-3537
CERTlFICAlE OF AUTHORIZATION NUMBER: 0000 4286
DESCRIPTION
PRESERVE PARCEL
Tech: GLM
4
3
100
I
N89.53'07"E
17.67'
2
1/4 SEC110N UNE
iD
"1
i'
U)
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION" ~o~
1HIS IS NOT A SURVEY
en
o
o
...z
0>
~
00 t.)
..., "TJ. a
:r:r~~ 1"1
1"'1rT1~~
UlZ.......e
g~'f~
:r:r;:lio
;:li~Ul"
~~~:2
__'-JTI ~
~~N 0>
OJ
q,
S89.53'07"W
13.67'
R=14.33'
&=90"00'00"
L=22.51,
R=4.33'
&=90.00'00"
L=6.80'
R=4.33'
-90.00'00"
L=6.80'
3:: N89.53'07"E
:ritl 13.67'
lD .
P n R=4.33'
g.... &=90.00'00"
z L=6.BO' PARCEL 2
OFFICIAL RECORDS BOOK 380. PAGE 559,
PUBUCRECORDS OF
ST. LUCIE COUNTY, FLORIDA
100
L-
GRAPHIC SCALE
o 50
.....J I
( )N FEE'l' )
1 InCh - 100 ft.
Ul
<'10
n: '
~iil8g:R
:::JUlLll')\O
n:n:l<:
1-<-10~
Ulll.<O<
~u..UlDll.
OlE
o
SOUTH UNE OF
THE NORTH 1005,00'
SB9.53'07"W 261,3B'
S89.54'24"
1,93'
NB9.52'36"
3.91'
R=4.33'
&=90"13'10"
L=6.B2'
C=N45.00'04"W
NOO.09'35"E
19.73'
OJ
;:
u
ai
2:
3l
~
0-
-6
'&
(0
f'-
.".
.;,
~
"
2:
"
~
~
><
"
-'
z
~ ~fii
t.) !T1 Ul
q, >-1
- VIe
lD -Iz
. 0>!T1
::E ~o
01"
_l.J1.
......
lD
o
~
I::.. = DELTA
R = RADIUS
L = ARC LENGTH
POB = POINT OF BEGINNING
POC. = POINT OF COMMENCEMENT
C = CHORD BEARING
PLS = PROFESSIONAL LAND SURVEYOR
PK = PARKER KALON
NB9.53'56"E 331.16'
1/4 1/4 SEC110N UNE
BEARINGS SHOWN HEREON ARE ASSUMED AND
RELATIVE TO THE 1/4 SECTION LINE OF SECTION 3
HAVING A BEARING OF NBS.S3'07"E
Sheet 2 of 2
'"
'"
o
o
~
ii:
'"
"
f::
(0
f'-
1"
on
o
ro
o
o
'"
'0
g;
PRESERVEP ARCEL
Tech: GLM
CONSULTING ENGINEERS
&
LAND SURVEYORS
2980 SOUTH 25th STREET
FORT PIERCE. FLORIDA 34982
(772)464--3537
CERl1F1CA TE OF AUTHORIZA 110N NUMBER: 0000 4286
C'li-CUlPEPPER .
-~=1ERPENING.'NC, .
OF
File: 05-476s&d
preserve.dwg
Date: 1-26-2007
SKETCH OF DESCRIPTION