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357-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"