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350-St Johns River Water Manage~RKOFC~ ~U~Tu~ ,~ ~ GG779© SEM~.,~ULr dJUNI T. i-L REC~ ~312 & VERIFI~ SS J~,~N 31 " ..... CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made this ~3~bY CITY OF SANFORD 19 day of havin~an c address at 300 North Park Avenue, Sanford, Florida 32771 o -- ("Grantor"), in favor of the ST. JOHNS RIVER WATER MANAGE~U~NT DISTRICT, a public body existing under Chapter 373, Florida Statutes, having a mailing address at P. 0. 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 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 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. 1. Purpose. This Conservation Easement's purpose is to assure (Conservation Easement) Page 1 of 5 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. CD 2. Prohibited Uses. Any activity on or use of the Prop~-~ inconsistent with this Conservation Easement's purpose is prohibi~d. Without limiting the generality of the foregoing, activities and uses are expressly prohibited: (a) Constructing or placing buildings, billboards or other advertising, above the ground. the folloan~- roads, signs, utilities or other structures on or the surface. (e) or water area (f) (c) vegetation. (d) offensive materials. Removing or destroying trees, shrubs, or other Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in such a manner as to affect Surface use, except for purposes that permit the land to remain predominantly in its natural condition. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) Acts or uses detrimental natural condition of land or water areas. 3. to such retention in its Reserved Rights. Grantor reserves unto itself, (Conservation Easement) Page 2 of 5 an~ its as landfill or dumping or placing of trash, waste or unsightly or (b) Dumping or placing soil or other substance or material 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 express~ ~ prohibited herein and are not inconsistent with the purpose of th~ ~ Conservation Easement. 4. Rights of Grantee. To accomplish the purposes 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 Easement. (b) and prohibitions contained in this Conservation 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. 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 (Conservation Easement) Page 3 of 5 right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall not be obliga~dC~ to Grantor, or to any other person or entity, to enforce 9e provisions of this Conservation Easement. 6. Grantee's Liability. Grantor will assume all liability ~r~ any injury or damage to the person or property of third parties which may occur on the Property. Neither Grantors, nor any person or entity claiming by or through Grantors, 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 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 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 Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Conservation Easement in the public records. (Conservation Easement) Page 4 of 5 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 respecti~ personal representatives, heirs, successors and assigns and ~a~ continue as a servitude running in perpetuity with the Propert~ IN WITNESS WHEREOF, Grantor has executed this Conserv~ion Easement on the day and year firs~,'~,,o~e written. Signature -~F' ~'~/~'~/t~-"~ -~ ' !~ ?~ignature: Printed Name:,~dD~ R. b0 ~'~' . 'Rrinted Name: ~ Signature: ~ ~ ~ . - . , ~ Printed Name: ~,~n~ ~r~W~ ~ ~ 3' STATE OF FLORIDA ~ ~' ~' ~ / :' COUNTY OF ~;n0[~ ~ *~t% ~*~ " e ore who did not take an oath. ~,'"~ ! DIANE CREWS Notary Public, State of Florida at Large. My Commission Expires: Serial No. Personally known OR produced identification Identification produced a: \easement\cn-srva. :[on (Conservation Easement) Page 5 of 5 12/2~/94