452-conserv. at Site 10Revised July 1997
Prepared by:
C,l~o.r~es A.Loba. all ~ .
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Return recorded copy to:
Charles A. Lobdell, III, Esquire
Office of General Counsel
St. Johns River Water Management District
P.O. Box 1429
Palatka, FL 32178-1429
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CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this
:p, ECORDErJ & VERIFIE[',
'00 HAY I0, 3:53
2000, by CITY OF SANFORD, a municipal corporation, having an address at P.O. Box
1788, 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 32178-1429, the FLORIDA
GAME AND FRESH WATER FISH COMMISSION, a public body created under Article
IV, Section 9 of the Florida Constitution, having a mailing address at Bryan Building,
620 South Meridian Street, Tallahassee, Florida 32399-1600, and the FLORIDA
AUDUBON SOCIETY, a Florida non-profit corporation, having an address at 1331
Palmetto Avenue, Suite 110, Winter Park, Florida 32789 ("Grant_ees"). .
WITNESSETH:
WHEREAS, Grantor solely owns in fee simple certain real property in Seminole
County, Florida, comprising approximately 101.4 acres more particularly described in
Exhibit "A" attached hereto and incorporated by reference (the "Property");
WHEREAS, the Property is located within the area in Seminole County known as
"Site 10", more particularly described in Exhibit "B" attached hereto and incorporated by
reference;
WHEREAS, Grantor grants this conservation easement as a condition of permit
#4-117-0263AGM9-ERP issued by Grantee, ST. JOHNS RIVER WATER r~j
MANAGEMENT DISTRICT, 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 covenants,
terms, conditions and restrictions contained herein, and pursuant to the provisions of
section 704.06, Florida Statutes, Grantor hereby voluntarily grants and conveys to
Grantees 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. ~
1. Purpose. The purpose of this Conservation Easement 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 the
purpose of this Conservation Easement is prohibited. Without limiting the generality of
the foregoing, the following activities and uses are expressly prohibited:
rr~
(a) Construction 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 material as landfill or dumping
or placing of trash, waste or unsightly or offensive materials. co
(c) Removing or destroying trees, shrubs, or other vegetation, with the exceptF'oh
of reasonable management activities to control and/or remove exotic or nuisance
vegetation, provided Grantor obtains prior written approval of the Grantee, ST. JOHN.~
RIVER WATER MANAGEMENT DISTRICT. r-
(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
predominantly 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 or
physical appearance of sites or properties of historical, architectural, archaeological, or
cultural significance.
3. Reserved Ri.qhts. 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.
Grantor, and its successors and assigns, reserves the right, subject to approval
by the Grantees, to construct a boardwalk or other public access through the Properly
to Lake Jesup solely for passive public recreation. This public access must be designed
and managed to avoid any and all disturbances to bald eagle nesting sites. F_j
Grantor also reserves unto itself, and its successors and assigns, all rights to r-
m
continue compatible existing uses of the area called "Site 10", that surrounds the e
F'
Properly, which include but are not limited to:
(a) Sewage disposal as currently conducted through the facilities present on Site
10.
(b) Agriculture leases which do not result in the clearing of undisturbed presently
lorested areas in the Property.
(c) Contemplated construction of a golf course on Site 10.
4. Ri.qhts of Grantees. To accomplish the purposes stated herein, Grantor
conveys the following rights to Grantees:
(a) 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 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. Grantees' Discretion. Grantees may enforce the terms of this Conservation
Easement at their discretion, but if Grantor breaches any term of this Conservation
Easement and Grantees do not exercise their rights under this Conservation Easement,
Grantees' forbearance shall not be construed to be a waiver by Grantees of such tert~
or of any subsequent breach of the same, or any other term of this Conservation o
Easement, or of any of the Grantees' rights under this Conservation Easement. No
delay or omission by Grantees 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. Grantees
shall not be obligated to Grantor, or to any other person or entity, to enforce the
provisions of this Conservation Easement.
6. Grantees' 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 arising from
Grantor's ownership of the Property. Neither Grantors, nor any person or entity claiming
by or through Grantors, shall hold Grantees 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 Grantees to bring any action against Grantor for
any injury to or change in the Property resulting from natural causes beyond Grantor's
control, including, without limitation, fire, flood, storm and earth movement, or from any
necessary action taken by Grantor under emergency conditions to prevent, abate or
mitigate significant injury to the Property or to persons resulting from such causes.
8. Recordation. Grantor shall record this Conservation Easement in timely
fashion in the Official Records of Seminole County, Florida, and shall rerecord it at any
time Grantees may require to preserve its rights. Grantor shall pay all recording costs
and taxes necessary to record this Conservation Easement in the public records.
record this Conservation Easement in the public records.
9. Successors. The covenants, terms, conditions and restrictions of this
Grantor will hold Grantees harmless from any recording costs or taxes necessary to ~..
r':',
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.
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: ~ ~
Printed Name: ]2)io.n~ Cre,~,Ts
Signature:
Printed Name:
GRANTOR: CITY OF SANFORD, FLORIDA
Signatur ~~Mayor~'~
Attest:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
M, c>-y ,2000, by
Lc~rry A. 7::::~l
Notary Public, State of Florida
at Large.
cl +in day of
, who did not take an oath.
C~
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r-
My Commission Expires:
,,k.u-,~.. I 5/
Serial No. CLC.- G _5 5 GTC)
Personally known v"
produced
OR produced identification
· Identification
EXHIBIT B
legal description
SW 4,4 of Section 7, Township 20 South, Range 32 East, SE ~A of Section 12, Township
20 South, Range 31 East, and NE ~A of Section 13, Township 20 South, Range 31 East
in Seminole County, Florida (also known as "Site 10").
BT. JC)HNee RIVER
WATER
MANAGEMENT
DISTRICT
Henry Dean, Executive Director
John R. Wehle, Assistant Executive Director
POST OFFICE BOX 1429 PALATKA, FLORIDA 32178'1429
TELEPHONE 904-329-4500 1-800-451-7106 SUNCOM 904-860-4500
TDD 904-329-4450 TDD SUNCOM 860-4450
FAX (Executive) 329-4125 (Legal) 329-4485 (Permitting) 329-4315 (Administration/Finance) 329-4508
SERVICE CENTERS
618 E. South Street 7775 Baymeadows Way PERMITTING: OPERATIONS:
Orlando, Rorida 32801 Suite 102 305 East Ddve 2133 N. Wickham Road
407-8974300 Jacksonville, Rodda 32256 Melbourne, Ro~da 32904 Melbourne, Florida 32935-8109
1-877-228-1658 904730-6270 407.384-4940 407-752-3100
FAX 407-8974354 1-800-852-1563 1-800-295-,t264 T0D 407-752-3102
TDD 407.397-5960 FAX 904-730-8267 FAX 407-722-8357
'rDD 904448-7900 TDD 407-722-5368
May 4, 2000
Honorable Mayor Larry Dale
Sanford Airport Authority
1 Red Cleveland Blvd.
Suite 200
Sanford, FL 32772
Via Federal Exoress
Re~
Orlando Sanford Airport
Permit Nos.: 4-117-0263GM9-ERP
Dear Mayor Dale:
Enclosed please find a Conservation Easement to encumber the 101.4 acres located in
Site 10 in accordance with the condition of the above named permit. Attached to the
Conservation Easement are two drawings labeled as Exhibit "A" detailing the location of the
conservation easement area. We had agreed at our meeting on June 16, 1999 that the District
would not require the City of Sanford to provide an actual survey of the conservation easement
area. Also attached to the instrument is a legal description of Site 10 itself so that the
conservation easement area may be located on a survey.
The Conservation Easement is ready for your signature. After the instrument has been
executed, please record the Conservation Easement in the public records in Seminole County and
return to the original recorded Conservation Easement to this office.
Thank you for your assistance in this matter.
Very truly yours,
Charles A. Lobdell, III
Asst. General Counsel
Office of General Counsel
Enclosure
cc: William Carlie
Anthony Miller
PDS-Palatka and Orlando
William Kerr, CHAIRMAN Ornetrias D. Long, VICE CHAIRMAN -~ Jeff K. Jennings, SECRETARY
MELBOURNE BEACH APOPKA MAlTLAND
Dan Roach William M: Segal Otis Mason
FERNANDINA BEACH MAlTLAND ST. AUGUS'fINE
Duane Ottenstroer, TREASURER
SWITZERLAND
Clay Albright Reid Hughes
EAST LAKE WEIR DAYTONA BEACH