HomeMy WebLinkAbout357-St Johns River Water Manage· ~' HARYANNE MORSE ,SEMINOLE COUNTY, FL.
"~" '" C~,~"~K OF CIRCUIT COUR. I RECOI~O.ED & VERIFIED
882575
96 AUG 28 AM I0:
Depa ent of Resource Management
~Di%rision Permit Data Services
St. Johns Ri Water Management District
P.O. Box 1429
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this /~'-~' day of
~,~z/,Z~Z.,f,(.~l,~ , 19¢~ by CITY OF SANFORD
having an address at 300 North Park Avenue, Sanford, Florida
32771 ("Grantor"), in favor of the ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, a public body existing under Chapter 373,
Florida Statutes, having a mailing address at P.O. Box 1429,
Palatka, Florida 32078-1429 ("Grantee").
WITNESSETH:
WHEREAS, Grantor solely owns in fee simple certain real
property in Seminole County, Florida, more particularly
described in Exhibit "A" attached hereto and incorporated by this
reference (the "Property"); and
WHEREAS, Grantor grants this conservation easement as a
condition of permit #40-117-0244G is'sued by Grantee, solely to
off-set adverse 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
convenants, 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 said Property and will warrant and defend the same against the
lawful claims of all persons whomsoever.
Page 1 of 5 Pages
1. Purpose. This Conservation Easement's purpose 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. ~%ny activity on or use of the Property
inconsistent with this Conservation Easement's purpose is
prohibited. Without limiting the generality of the foregoing, the
following activities and uses are expressly prohibited:
(a) Constructing 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 materia~
as landfill or dumping or placing of trash, waste or
unsightly or offensive materials.
(c) Removing or destroying trees, shrubs, or other
vegetation.
(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 predominately 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 of physical appearance of
site or properties of historical, architectural,
archaeological, or cultural significance.
Page 2 of 5 Pages
Sanford, Floricte
P.O. Box 1788 - 32772-1788
Telephone (407) 330-5601
Fax (407) 330-5666
September 10, 1996
St. Johns River Water Management District
P. O. Box 1429
Palatka, Florida 32078-1429
Conservation Easement for Mitigation of Wetlands for Seminole
Co,~Lunity College Access Road Project
(Permit No. 40-117-0244G)
Gentlemen:
The subject conservation easement required as a condition of
a permit issued by St. Johns River Water Management District
(SJRWMD) to Seminole Community College (SCC) is delivered herewith.
As is noted on the face of the document, it has been recorded in
the Official Records of Seminole County, Florida.
City Manager
WAS/acd
Enclosure
cc: Andrew J. Vavreck, SCC
"The Friendly City"
· ARYANNE MORSE
C! ,~-K OF CIRCUIT COUR. I
882575
SEMINOLE COUNTY. FL.
RECOttD~D & VERIFIED
96 AUG 28 AM I0: 5q
Di%~ision Pe~t Data Set%rices
St. Johns P~ Wa~rManagement District
P.O, Box 1429
CONSERVATION EASEMENT
THIS CONSERVATION F2tSEMENT is made this ~ day of
~/~ , 19~ by CITY OF SANFORD
having an address at 300 North Park Avenue, Sanford, Florida
32771 JOHNS RIVER WATER ~
YjLNAGEMENT DISTRICT, a public body existing under Chapter 373, ~ ~
Florida Statutes, having a mailing address at P.O. Box 1429, ~ ~
Palatka, Florida 32078-1429 ("Grantee"). ~
WITNESSETH:
WHEREAS, Grantor solely owns in fee simple certain real
property in Seminole County, Florida, more particularly
described in Exhibit "A" attached hereto and incorporated by this
reference (the "Property"); and
WHEREAS, Grantor grants this conservation easement as a
condition of permit ~40-117-0244G is'sued by Grantee, solely to
off-set adverse 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
convenants, 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 said Property and will warrant and defend the same against the
lawful claims of all persons whomsoever.
( "Grantor" ) ,
in favor of
the ST.
Page 1 of 5 Pages
1. Purpose. This Conservation Easement's purpose 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 this Conservation Easement's purpose is
prohibited. Without limiting the generality of the foregoing, the ~
following activities and uses are expressly prohibited: ~ "' ~
(a) Constructing 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 materia~
as landfill or dumping or placing of trash, waste or (~ mm
unsightly or offensive materials.
(c) Removing or destroying trees, shrubs, or other
vegetation.
(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 predominately 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 of physical appearance of
site or properties of historical, architectural,
archaeological, or cultural significance.
Page 2 of 5 Pages
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) With prior notice to Grantor, 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 o
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.
Page 3 of 5 Pages
6. Grantee's Liability. Grantor will assume all liability
for any injury or damage to the person or property of third
parties which may occur on 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.
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 ln~
the Property resulting from natural causes beyond Grantor's ~
control, including, without limitation, fire, flood, storm and m
earth movement, or from any necessary action taken by Grantor-~?
under emergency conditions to prevent, abate or mitigate ~
significant injury to the Property resulting from such causes.
8. ~ecordation. Grantor shall record this Conservation
Easement in timely fashion in the Official Records of Seminole
County, Florida, and shall re-record it at any time Grantee may
require to preserve its rights. Grantor shall pay all recording
and re-recording costs and taxes necessary to record this
Conservation Easement in the public records. Grantor will hold
Grantee harmless from any recording and re-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 personal representatives, heirs, successors and
assigns and shall continue as a servitude running in perpetuity
with the Property.
Page 4 of 5 Pages
IN WITNESS WHEREOF, Grantor has executed this Conservation
Easement on the day and year first above written.
Signed, sealed and delivered
in our presence as witnesses:
Signature: ~2X.~.~/~ ,~.~..~....~-~
Printed Name W~lliam A. Simmons
Signature: ~--~~C~, ~~
Printed Name: C Davison
GRANT OR:
Signature: ~
Printed Name: ~l~ettye D. Smith
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this
day of A~us~ , 199~ , by ~e~y~ D, S~h
w-~ did not take an oath.
Notary Public,
at Large.
State of Florida.
Personally known ~
Identification produced:
My Commissi~r~.Expires:
~ '~% O~.~CREWS
Serial No ~' ~.~;.
OR produced identification
Page 5 of 5 Pages
Sanford, Fl, oric]
P.O. ~on ~7~- 3~77£-~?~
Telephone (407) 330-5601
Fax (407) 330-5666
September 10, 1996
St. Johns River Water Management District
P. O. Box 1429
Palatka, Florida 32078-1429
Conservation Easement for Mitigation of Wetlands for Seminole
Couau~m~ ty College Access Road Project
(Permit No. 40-117-0244G)
Gentlemen:
The subject conservation easement required as a condition of
a permit issued by St. Johns River Water Management District
(SJRWMD) to Seminole Community College (SCC) is delivered herewith.
As is noted on the face of the document, it has been recorded in
the Official Records of Seminole County, Florida.
City Manager
WAS/acd
Enclosure
cc: Andrew J. Vavreck, SCC
"The Friendly City"