HomeMy WebLinkAbout06-332JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
' FILE # 3307359 02/05/2009 at 09:02 RM
~R BOOK 3057 PAGE 1128 - 1128 Doc Type: RESO
, RECORDWG: $10.00
RESOLUTION NO. 06-332
A RESOLUTION ACCEPTING A
CONSERVATION EASEMENT
ON BEHALF OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida:
The foregoing Conservation Easement is duly accepted on behalf of St. Lucie County this
~~ ~ .I~yl day of (~ L:~-,~-{~~ ~~ , 2006.
ATTEST:
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BOARD OF COUNTY COMMISSIOIVERS` ;r
ST. LUCIE COUNTY, FLORIDA,.,~~ ; ~~~, : , ~`
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BY:
Chairm
APPROVED AS TO FORM
CORRECTNESS:
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~CounTy A orney
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° EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FTLE # 2942713 OR BOOK 2675 PAGE 1769, Recorded 10/10/2006 at 01:30 PM
~' ~ Doc Tax: $0.70
JOSEPH E. SMlTH, CLERK OF Tf1E CIRCUIT COURT
~ SAINT LUCIE COUNTY
FILE # 3307358 02/OS/2009 at 09:02 AM
OR BOOK 3057 PAGE 7123 - 1127 Doc Type: EASMT
RECORDING: $44.00
Frepazed by:
MBV Engineering Inc.
2455 14 Avenue
Vero Beach, FL 32960
772-569-0035
CONSERVATION ~ASEMENT
This CONSERVATION EASEMENT is made dris day of , 2006 by
Cortei Townlzomes. LLC having an address at 7522 Isla Verde W~. Delray Beach, FL 33446 ("Grantor"),
in favor of St. Lucie County, a public body having a mailing address at 2300 Virginia Avenue, Ft. Pierea,
FL 34982 ("Grantee"}.
WIT'NESSETH:
WHEREAS, Grantor solely owns in fee siznple certain real property in St. Lucie Countv, Florida, more
particulazly described in E~ibit "A" attached hereto and incorporated by this reference as Cortez
Townhomes Conscrvarion Easement (the "Properry");
WHEREAS, Granior grants this oonservation easement in conjunction with the recorded Cortez
Townhomes Plat and Habitat Management and Monitoring Plan as a condition of permit,approval by
Grantee, solely to off-sat adverse impacts to natural resources, fish and wildlife, and wetland functions; and
WHEREAS, Grantor desires to preserve the Property in its natural condi6on in perpetuity;
NOW THEREPORE, in consideration of the above and the mutual covenants, terms, conditions and
restricdons contained fierein, Grantor hereby voluntarily granfs 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 "Conservadon Easement"). Grantor fully warrants fltle to said Properry, and will warrant and defend
the same against the Iawful claims of all persons whomsoever.
1. Puroose. The purpose of this Conservation Easement is to assure that the Property wi21 be retained
forever in its existing naturat oondiflon and to prevent any use of the Property that will impair or interfere
with the environmentat value of the Property.
2, Prohibited Uses. Any acGvity on or use of tha Property inconsistent with the purpose of this
Conservarion Easemenf is prohibited. Without iimiting the generality of the foregoing, the fo!]owing
activities and uses aze expressly prohibited;
(a) Construction or placing buildings, roads, signs; billboards or other advertising, utilities or other
structures on or above the'gzound:
(b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash, waste
or unsighfly or offensive materials.
{c) Removing or destroying native trees, nati've shcubs, or other native vegetation,
(d) Excavating, dredging or removmg loam, peat; graveI, soil, rock or other material substances in such a
manner as to affect the surface.
(e) Sur£ace use, except for purposes that permiE t[ie land or water area to remain predominantly in its
natural condition.
(fl Activities detrimental to drainage, flood coritrol, water conservation, erosion control, soil conservation,
oc fish and wildlife habitat preserva6on.
(g} Acts or uses detriznentaT to such retention of land or water areas.
(h) Acts or uses detrimental to fhe preserva6on of the structural integrity or pbysical appeatance of sites or
properties of bistorical, architectural, archaeological; or cultural significance.
3. Reserved Rithts. Grantor reserves unto itself, and ifs successois 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
OR BOOK 2675 PAGE 1770
s'
the Property, that aze not expressly prohibited herein and aze not inconsistent with the pwpose of this
Conservation Easement.
4. Ri~hts of Grantee. To accomplish the purposes stated herein, Grantor conveys the following rigflts to
Grantee:
(a) To enter upon and inspect the Proper[y in a reasonable manner and at reasonable times to determine if
Grautor or its succassors and assigns are complying with the covenants and prohibitions contained in this
Conservation Easement.
(b} To proceed at 1aw or in equiry to enforce the provisions of this Conservation Easement and the
covenants set forth herein, to prevent the occurrence of any of the prohibited activides set forth herein, and
rec{uire the restoration of azeas or features of the Properry that may be damaged by any ackviry iacoasistent
with this Conservation Easement.
5. Granfee's Discretion. Grantee may enforce the te~ms of this Conservadon Easement at its discretion, but
if Grantox breaches any term of this Conservation Easement and Grantee does not exercisc its rights under
this Conservation Easement, Grantee's forbearance shall not Be construed to be a waiver by Grantee of suc~
term, or of any subsequent breach of tfie same, or any other term of this Conservation Easement, or of any
of the Grantee's rights under this Conservation Easement.lVo delay or omission by Grantee in the exercise
of any right or remedy ixpon 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 Liabilitv. Grantor will asswne all liability for any injury ox damage to the person or property of
third parties which may occur on the Property arising from Grantor's ocvnership of the Property. Neither
Grantor, ttor any person or entity claiming by or through Grantor, shall hold Grantee liable for any damage
or injury to person or personal properiy 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 zesulting
from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth
movement, or f;om any necessary action taken by Grantor under emergency conditions to prevent, abate or
mitigate signif'icant injury to the Property or to persons resulting from such causas.
$. Recordation, Grantor shaIt record this Conservation Easement in rimely fashion in the Officra] Records
of St: Lucie Countv, Florida, and shall rerecord it at any time Grantee may require to preserve its righu.
Grantor shall pay all recording costs and ta~ces nacessary to record this Conservalion $asement in the public
records. Grantor will hold Grantee hrnmless from any recording costs or taxes necessary to record this
Conservation Easement in the public records.
9. Successors. The covenants, terms, condifions and restrictions of t}us Conservation Easement shall be
binding upon, and inure to the benefit of the parties hereto and theu respective personal representatives,
heirs, suceessors and assigns and shall continue as a servitude running inperpetuity with the Property.
OR BOOK 2675 PAGE I771
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IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on the day and year ferst
above written.
Signed, sealed and delivered
in our presence as witnesses:
$ignature: !~~~%
~ ~,.
Printed Name:.~ W ~~ ~ ~
Signature:
Printed Nam . ~SS((l~,~i1sJ ~{.- \(lS
STATE OF ~ G~
COUN'l'Y/CITY OF ~ y~.~a/\ ~:1 ~/QX
GRANTOR:
Signature: !
!
Printed Name: ~ l~4'~ R• I~, ~e~
Titte•M A~.~ ~ ;,~1 ~.a~~., ~.
The foregoing instrument was acknowledged before me this ~ day of _ fp~i' , 2oC~q by~ rQ(1'k WQK~~
who did not take an oath. ~1~
/ ~
Not Public,Stateof F~Y~~~ atLazge.
MyC mmissionExpires: .~M~.%vy~ JES5ICAHAWI(INS
MY COMMISSION p DD 270715
~OLZ~O(~ ~,?~~,~ EXPIRES:OCtober22,2006
eaitled Thn~ Ndery puMic Untlerwmers
Serial No. p~'~--~ `S
Personally known ~ OR produced identification ~i Identification produced
OR BOOK 2675 PAGE 177Z
.
LEGAL DESCRIPTlON:
BEGIN AT THE NORTHEAST CORNER OF CORTEZ APARTMENTS, THENCE SOUTH 01'00'04" EAST A DISTANCE OF 559.60
FEET, THENCE SOUTH 89'08~24" EAST A DISTANCE OF 151.80 FEEf, THENCE SOUTH 89'59'OS" EAST A DlSTANCE OF
201,48 FEET, THENCE SOUTH 00'55'48" EAST A DISTANCE OF 333.23 FEET, THENCE SOUTH 01'24'10" WEST A
DISTANCE OF 98.27 FEET, TMENCE SOUTH 89'S1'S6" WEST A DISTANCE OF 1,016.94 FEET, THENCE NQRTH 02'18'30"
WEST A DISTANCE OF 444.26 FEE7, THENCE SOUTH 89'20'41" EAST A DISTANCE OF 30.04 FEET, THENCE NORTH
02'18'30" WEST A DISTANCE OF 321J1 FEEi, THENCE SOUTH 34'09'S2" EAST, A DISTANCE OF 51.88 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 19.00 FEET, THENCE SOUTHERLY ALONG
SAID CURVE A DISTANCE OF 10.56 FEEi, THENCE SOUTH 02'16"30"' EAST A DISTANCE OF 137.56 FEET TO THE POINT
dF CURVATURE OF A CURVE CONCAVE EAS7ERLY HAVING A RADIUS OF 131.00 FEET, THENCE SOU7HERLY ALONG SAID
CURVE A DISTANCE OF 11.43 FEET, THENCE SOUTH 07'18'30" EAST A DISTANCE OF 123.33 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE WESTERLY HAVlNG A RADIUS OF 47.50 FEEi, THENCE SOUTHERLY ALONG SAID
CURVE A D(STANCE OF 9.95 FEE7, THENCE SOUTH 04'41'49" WEST A DISTANCE OF 72.34 FEET, THENCE RUN SOUTH
85'18'11" EAST A DISTANCE OF 35.39 FEEi, THENCE SOUTH 3T18'30" EAST A DlSTANCE OF ]83.06 FEET TO THE
POINT OF CURVATURE OP A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 66.00 FEET, THENCE
SOUTHEASTERLY ALONG SAID CURVE A QISTANCE OF 36.72 FEEf, THENCE SOUTH fi9'11'20" EAST A DISTANCE OF
787.96 FEEf TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 95.00 FEET,
7HENCE ALONG SAID CURVE A DISTANCE OF 80.19 FEET TO THE POINT OF R~/ERSE CURVATURE OF A CURVE
CONCAYE SOUTHEASTERLY HAVING A RADIUS OF 15.00 FEEf, THENCE ALONG SAID CURVE A DISTANCE OF 4.57 FEET,
THENCE NORTH 79'54'39" EAST A DISTANCE OF 48.92 FEEI', THENCE NORTH 10"05'21" WEST A DISTANCE OF 2.Si
FEEI', THENCE NORTH 42'24'39" EAST A DISTANCE OF 19.13 FEET, THENCE SOUTH 47'35'21" WEST A DISTANCE OF
56.60 FEET, THENCE NORTH 42'2A'39" EAST A DISTANCE OF 164.17 FEET, THENCE NORTH 47'35'21" WEST A
DISTANCE OF 56.60 FEET, 7HENCE NORTN 42'24'39" EAST A DISTANCE OF 12.92 FEET, THENCE NORTH 47'35'21"
WEST A DISTANCE OF 24.76 FEET, AND A POINT ON A CURVE, CONCAVE TO THE WES7, HAVING A RADIUS OF 66.00
FEEf THE RADIUS OF WHICH BEARS NOR7H 56'18'74" WEST; THENCE NORTHERLY, ALONG 7HE ARC OF SAID CURVE,
7HROUGH A CENTRA~ ANGLE OF 59'41'50", A DISTANCE OF 68.77 FEET, THENCE NORTH 26'Oq'04" WEST A DISTANCE
OF 44.59 FEET 70 7HE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEAS7ERLY HAVING A RADIUS OF 20.00
FEEI, THENCE ALONG SAID CURVE A DISTANCE OF 3.49 FEE7, THENCE NORTH 16'00'04" WEST A ~I57ANCE OF 151.38
FEEf TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 66.00 FEET, THENGE
ALONG SAID CURVE A DISTANCE OF 23.04 FEEf, THENCE NORTH 36'00'04" WEST A DISTANCE OF 151.38 ~EEf TO THE
POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTER~Y HAVING A RADiUS OF 20.00 FEET, THENCE ALONG SAID
CURVE A DISTANCE OF 3,49 FEET, THENCE NOR7H 26'00'04" WEST A DIS7ANCE OF 30.93 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 20.00 FEEr, THENCE AI.ONG SAI6 CURVE A
DiSTANCE OF 9.11 FEET, THENCE NORTH 00'OS'50" EAST A DISTANCE OF 55.08 FEET, THENCE NORTH 41'22'40" EAST
A DISTANCE OF 27.18 FEEf, THENCE NORTH 68'41'52" EAST A DISTANCE OF 21.61 FEEI', THENCE SOUTH 89'54'10"
EAST A DISTANCE OF 42.55 FEET, THENCE NORTN 00'D5'S0" &15T A DIS7ANCE OF 174.56, THENCE SOUTH 89'54'10"
EAST A DISTANCE OF 101.59 TO THE POINT OF BEGINNING.
°~` j j~ j' ENGINEERING, INC, - m"D~
1 CORTEZTOWN1iOME5 ~XHfBIT jj~~p~t CONSULi'ING ENGINEERING ry
a 2 CONSERVATIONEASEMENT q MolABOWLESVILLAM¢/1R6ASSaCwTEs
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m-m ....__-. wrs
LINE TABLE
LINE LENGTH BE'ARING
L1 174.56 N00•O5'S0"E
L2 /01.59 589'S4'10"E
L3 559.60 501•00'04"E
L4 151.80 S89'08'24"E
L5 201.48 S99'S9'08"E
L6 333.23 S00'55'48"E
L7 98.27 SOT24'10'W
LS 1016.94 589'S7'S8'W
L9 444.26 N02'78'30'W
L70 30.04 S89'20'41"E
L11 327J1 N02'18'30'W
L72 51.88 S34'09'52"E
l73 137.56 502'18'30"E
l14 123.33 S07'78'30"E
L75 72.34 S04'41'49'W
Li6 35.39 585'18'11"E
L17 183.06 S37'18'30"E
L18 187.96 S69'11'20"E
Li9 40.92 N79"54~3 "E
~zo z.s, N,o•os'zi'w
L21 t9.i3 42'24'39"E
L22 Sfi.60 547'35'21"E
L23 164.17 N42'24~39"E
l24 56.60 N47'3 ~ 1~Y1
L25 12.92 N42`24'39"E
L26 24.76 7'3521"W
127 44.59 N26'00~04'W
L28 151.38 N76'00~0 'W
L29 157.38 N36'00'~4"W
L30 30.93 N26'00~~4'1V
L3'I 55.08 NDO'OS'50"E
L32 27.1B N47'22'40"E
L33 21.61 N68'41'S2"
L34 42.55 589'S4'1 "'E
CURVE TABLE
CURVE LENGTH RADIUS DELTA TANGENT
C19 10.56 19.00 ~1'S1'22' 5.42
C2O 11.43 131.D0 5'00'DO" 5•>2
C21 9.95 47.50 700'19" 4.99
C22 36J2 66.00 31'S2'50~ 18.85
C23 80.19 95.00 48'21'S8~ 42.66
C24 4.57 15.OD 77•Z7'S7' 2.30
C25 68.77 66.00 59'41'S0' 37.87
C28 3.49 20.00 10'00'OD" 1.75
C27 23.04 66.00 p•00'00" 7 7.64
C28 3.49 20.00 iP00'00" 1.75
C29 9.11 20.00 26'OS'S4" 4.64
OR EOOK 2675 PAGE 1773
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