Conservation Easement - 1982-02-22

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Conservation Easement - 1982-02-22

Material Information

Conservation Easement - 1982-02-22
Publication Date:
Physical Location:
Box 2


Subjects / Keywords:
Ranchers -- Law and legislation -- Florida
Okeechobee, Lake (Fla.) ( lcsh )

Record Information

Source Institution:
University of South Florida
Holding Location:
University of South Florida
Rights Management:
The University of South Florida Libraries believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries.
Resource Identifier:
035069031 ( ALEPH )
981477171 ( OCLC )
L41-00107 ( USFLDC DOI )
l41.107 ( USFLDC Handle )

USFLDC Membership

University of South Florida
Lorida Audubon Collection

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THIS INDENTURE, made this 22nd CONSERVATION EASEMENT day of February, 1982. WITNESSETH: WHEREAS, National Audubon Society, Inc., a New York corporation, not for profit, hereinafter ca 11 ed "Gran tor, 11 is the owner in fee simple of certain real property hereinafter called the "Protected Property," which has aesthetic, scientific, educational and_ ecological value in its present state as a natural area which has not been subject to development or exploitation, which property is described as follows: That real property in Okeechobee County, Florida, containing approxi mately 324.5 acres, more or less, and described as follows--North one-half (N 1/2) of Section 1, Township 34 South, Range 33 East, and an exclusive easement across the West thirty (30) feet of the South one-half (S 1/2) of said Section l, Township 34 South, Range 33 East--and by this reference incorporated herein; WHEREAS, The Nature Conservancy, hereinafter ca 11 ed the "Grantee," is a nonprofit corporation incorporated under the laws of the District of Columbia, whose purposes include the preservation and protection of natural areas for aesthetic, scientific, charitable and educational purposes; and WHEREAS, Florida Statutes, Sec. 704.06 provides for the creation of perpetual conservation easements; and WHEREAS the Grantor and Grantee recognize the natural scenic, aesthetic and special character of the region in which the Protected Property is located, and have the common purpose of conserving the natural values of the Protected Property by the conveyance to the Grantee of a Conservation Easement on, over and across the Protected Property, which shall conserve the natural values of the Protected property, conserve and protect the animal and plant populations and prevent the use or development of that property for any purpose or in any manner, except as provided herein, which would conflict with the maintenance of the Protected Pro~erty in its natural scenic and open condition for both this generation and future generations; and HHEREAS, "aesthetic, scientific, educational a nd ecologi cal values," "natural, scenic and open condition," and "natural values" as used herein shall, without limiting the generality of . the tenns, mean the condition of the Protected Property at the time of this grant, as evidenced by a Natural Resource Inventory Report including photographs, maps, surveys, scientific documentation, flora and fauna inventories and land use history, said "Report" to be completed by the Grantor and delivered to the Grantee within one year of the conveyance hereunder: ' NOW, THEREFORE, the Grantor for and in consideration of the facts above, recited and of the covenants herein contained and as an absolute and unconditional gift, does hereby grant, convey and release unto the Grantee, its successors and assigns, forever, a Conservation Easement in perpetuity over the Protected Property consisting of the following: (1) The right of view of the Protected Property in its natural, scenic, and open condition;


, •• (2) The right of the Grantee, in a reasonable manner and at reasonable times, to enter in and inspect the Protected Property to determine if the Granter or its successors and assigns are complying with the covenents and prohibitions contained in this grant and, by proceedings at law or in equity, to enforce the covenants and prevent the occurrence of any of the prohibited activities hereinafter set forth, including but not limited to the right to require the restoration of the Protected Property to the condition at the time of this grant. The Grantee, its successors and assigns, do not waive or forfeit the righi to take action as may be necessary to insure compliance _ with the covenants and purposes of this grant by any prior failure to act. The Granter shall not be liable for any changes to the Protected Property due to natural causes beyond the Grantor's control, such as those changes caused by fire, floor, or storm. AND IN FURTHERANCE OF the foregoing affirmative rights hereby granted to the Grantee, the Granter hereby makes the following covenants on behalf of itself, its successors and assigns, which covenants shall run with and bind the Protected Property in perpetuity: A. COVENANTS AND PROHIBITED ACTIVITIES. Except to such limited extent as is hereinafter provided, 1. There shall be no construction or placing of building~, camping accommodations, mobile homes, fences, signs, billboards, or other advertising material, or other structures; 2. There shall be no filling, exc~vating~ dredging, mining or dri 11 i ng, remova 1 of top soi 1 , sand, grave _ l , rock, mi nera 1 s or other materi .al s, or any building of roads or change in the topog raphy of the land in any manner; 3. There shall be no removal, destruction or cutting of-trees, or plants, planting of trees or plants, spraying with pesticides, insecticides or herbicides, no fanning or tilling or grazing of livestock or disturbance or change in the natural habitat in any manner; 4. There shall be no dumping of ashes, trash, garbage, or other unsightly or offensive material, and no changing of topography through the placing of soil or other substance or material such as land fill or dredging spoils; 5. There shall not be conducted a .ny activity on nor any use which damages fish or wildlife, or their habitats, or which alters existing drainage p~tterns, flood plains orwetlands or results in erosion, "" siltation or other forms of water pollution. 6. There shall be no operation of power boats, dunebuggies, motorcycles, all-terrain vehicles or other loud, destructive or offensive recr~ational vehicles, or any other types of motorized vehicles; 7. There shall be no hunting or trapping except as necessary to keep the animal populations within the numbers consistent with the ecological balance of the area. TO HAVE AND TO HOLD the Conservation Easement unto the Grantee and its successors and assigns, forever. 2 O. R. 247 UOOK P.!G: 361


.. O.R. 247 BOOK P~Gt 362 NEVERTHELESS, and not withstanding any of the foregoing provisions to the contrary, the Conservation Easement granted hereunder and the covenants hereto fore made are subject to the following rights of the Granter which are hereby expressly reserved by the Granter to and for itself, its successors and assigns: B. RESERVED RIGHTS AND CONDITIONS. l. To construct and maintain a visitors' center, caretaker residence and such other structures consistent with the plans and programs outlined under the 11PROPOSAL11 referenced under . Paraqraph C(;l) below; along with a roadway for a means of ingress ' and e9ress to each, said roadway to be by the most direct practical route and in such a way as to preserve the natural and aesthetic character of the Protected Property. 2. To construct and maintain foot trails, nature trails, paths, boardwalks and roadways, and to improve or relocate any such trails, paths, boardwalks and roadways provided, however, that any such construction, use improvement, or relocation be• done in a manner that is consistent with sound environmental practices and consistent with the overall preservation and protection of the natural, scenic, and open condition of the Protected Property. 3. To trim, cut, remove, use for firewood or otherwise dispose of any trees or vegetation which are materially diseased, rotten, damaged or fallen, and that is a safety or health hazard or which is necessary for the protection or preservation of life or property; 4. To graze lifestock on the Protected Property provided that the terms and conditions of any grazing activity, lease or otherwise, shall be subject to the written approval of the Grantee, said approval not to be unreasonably withheld; 5. To operate motor vehicles, including 4-wheel drive vehicles, provided that said operation of vehicles is restricted to the roadways and in a manner which is consistent with the overall preservation and prot~ction of the natural, scenic and open condition of the Pt.otected Property. 6. To conduct scientific and educational research and to make scientific and educational observations and studies, provided that such research, observation and studies will be done in a manner that is consistent with the overall preservation and protection ~f the natural, scenic and open condition of the Protected Property. 7. To conduct burnings, provided that such burnings are to simulate natural conditions and are conducted in a fashion that is consistent with maintaining the ecological balance and preserving the plant and animal life of the Protected Property. 8. To construct ponds within the modified wet prairies to provide additional habitat for the endangered and threatened native bird species, provided that said construction is consistent with sound environmental practices and consistent with the overall preservation and protection of the natural scenic and open condition of the Protected Property. 3


~oK 24 7 PAGE 363 c. SPECIAL PROVISIONS. Notwithstanding any of the "RESERVED RIGHTS AND CONDITIONS" above, any activity inconsistent with the "COVENANTS AND PROHIBITED ACTIVITIES'' .listed ibove are prohibited ~nless the following conditions are satisfied: 1. Th~ activity must be consistent with _and in accordince with the plans and programs outlined under "PROPOSAL TO THE GOODHILL FOUNDATION FOR THE ACQUISITION AND DEVELOPMENT OF THE KISSIMMEE PRAIRIE fl.SA SANCTUARY AND NATURE CENTER," submitted by the National Audubon Society July 12, 1980, said proposal incorporated herein by reference. 2. No use nor activity inconsistent with the above "COVENANTS AND PROHIBITED ACTIVITIES'! shall be permitted if it would bedetrimental to the natural values of the Protected Property, said natural values to include natural wet prairies, modified wet prairies, fresh water marsh, palmetto prairies, tree hanmock_s, and habitat and population of native plants and animals found on the Protected Property. _ Any use or activity which would re~ult in deterioration of the levels of the "natural values" on the Protected Property, as determined by the Natural Resources Inventory Report referenced above, shall be deemed to be detrimental to said natural values. 3. The above referenced Natural Resources Inventory Report must be. approved in writing by the Grantee, said approval not to be unreasonably w-i thhe l d. 4. Any changes or any activities currently contemplated under the above-ref~renced "PROPOSAL" must be approved in writing by the Grantee prior to implementaton, said approval not to be unreasonably withheld. AND ~rantor does further covenant and represent as follows: First: The Grantor, its successor and assign~, agree to pay any real estate taxes or assessments levied by competent authorities on the Protected Property and to relieve the Grantee from responsibility for maintaining the Protected Property. Second: The Granter agrees that the terms, and conditions, restrictions and purposes of this grant wi 11 be inserted by it in any subs equent deed or other legal instrlJllents by which the Grantordivests itself of either the fee simple title or to its possessory interest in _ the Protected Property. Third: The covenents agreed to and the terms, condition~, restrictions and purposes imposed with this grant sha 11 not _ only be binding upon the Grantor, but also upon its agents, representatives, ~ccessors and a ssigns, and all other successors to it in interest and shall continue as a servitude running in perpetuity with the Protected Property. Except as expressly limited herein, the Granter reserves for itself, its successors and assigns, all rights as owner of the Protected Property, including the right to use the property for all pur~oses not inconsistent with this grant. 4 o. R. 247 P!G:. 363 UOOK


IN WITNESS WHEREOF, the Grantor has set its hand and sea 1 the d _ay and ye_ar first above written. THE NATIONAL AUDUBON SOCIETY, INC. BY --... di ---:, --, ~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in The State and County aforesaid to take acknowledgments, personally appeared CHARLES L. SCOTT II, well known to me to be the Senior President of THE NATIONAL AUDUBON SOCIETY, INC., and that he severally acknowledged executing the foregoing Conservation Easement feely and voluntarily under authority duly vested in him by said corporation and that the true seal of said corporation is affixed thereto. WITNESS my hand and official seal in the County and State last aforesaid this 22nd. day of February, 1982. 5 lC, BARBARA WIGHTMAN Notary Public, State of New York } . No. 31-4751256 . Ou~llf!ed in New York County Comm1ss1on Expires March 30, 19~


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