Conservation Easement - 1982-04-13


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Citation
Conservation Easement - 1982-04-13

Material Information

Title:
Conservation Easement - 1982-04-13
Publication Date:
Language:
English
Physical Location:
Box 2

Subjects

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 )
L41-00109 ( USFLDC DOI )
l41.109 ( USFLDC Handle )

USFLDC Membership

Aggregations:
University of South Florida
Lorida Audubon Collection

Postcard Information

Format:
Book

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Full Text

PAGE 1

CONSERVATION EASEMENT dIS INDENTURE, made this day of April, 1984. WITNESS ETH: WHEREAS, 101 RANCH, INC., a Florida corporation, here-, iL~ cer called "Grantor," 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: A parcel of land lying in Section 4, Township 34 South, Range 34 East, Okeechobee County, Florida, being more particularly described as follows: All that part of said Section 4 lying South and East of the following described line; FROM the N.E. corner of said Section 4, bear N. 89 58' 23 11 W. , along the North line of said Section 4, a distance of 845. 51 feet to the POINT OF BEGINNING: Thence bears. 37'58" w., a distance of 575.17 feet; Thence bears. 5'3011 w., a distance of 629.99 feet; Thence bears. 27'3911 w., a distance of 913.36 feet; Thence bears. 73'23" w., a distance of 2,373.51 feet; Thence bears. 8'3811 w., a distance of 1,253.36 feet; Thence bears. 3'44" w., a distance of 315.54 feet; Thence bears. 37'47 w., a distance ot.175.11 feet; Thence bears. 32'18 w., a distance of 50.48 feet; Thence bears. 21'58 w., a distance of 168.14 feet; Thence bears. 15'30 w., a distance of 75.80 feet; Thence bears. 26'35 w., a distance of 240.25 feet; Thence bears. 44'55 W.r a distance of 416.04 feet; Thence bears. 43'12 w., a distance of 428.22 feet; Thence bear s. 22 12 '22 11 W., a distance of 103. 94 feet to the south line of said Section 4; LESS the East 330 feet of Section 4. WHEREAS, NATIONAL AUDUBON SOCIETY, INC., hereinafter called the "Grantee," is a not-for-profit corporation incorporated under the laws of the State of New York, whose purposes f include the preservation and protection of natural areas for aesthetic, scientific, charitable and educational purposes; and WHEREAS, Florida Statutes, Section 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

PAGE 2

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 d~velopment of that property for any purpose or in any manner, except as provided herein; and WHEREAS, "aesthetic, scientific, educational and ecological values, " 11 natural, scenic and open condition, " and "natural values" as used herein shall, without limiting the "' generality of the terms, 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 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 of TEN DOLLARS ( $10. 00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, 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 Grantor or its successors and assigns ane complying with the covenants and prohibitions contained in this grant and, by proceeding 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 right to take action as may be necessary to insure compliance Page 2

PAGE 3

with the covenants and purposes of this grant by any prior failure to act. The Grantor 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, flood or storm. AND IN FURTHERANCE of the foregoing affirmative rights hereby granted to the Grantee, the Grantor 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 build-ings, camping accomodations, mobile homes, signs, billboards or other advertising material, or other structures1 2. There shall be no filling, excavating, dred9ing, mining or drilling, removal of top soil, sand, gravel, rock, minerals or other materials, or any building of roads or change in the topography of the land in any manner: 3. There shall be no removal, destruction or cutting of trees, or plants or other vegetation, planting of trees or plants or other forms of vegetation, spraying with pesticides, insecticides or herbicides, no farming or tilling or release of animals onto the Protected Property or other 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 materia~ such as land fill or dredging spoils1 5. There shall not be conducted any activity on nor any use which damages fish or wildlife, or their habitats, or which alters existing drainage patterns, flood plains or wetlands or results in erosion, siltation or other forms of water pollution. 6. There shall be no operation of power boats, dune-buggies, motorcycles, all-terrain vehicles or other loud, Page 3

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destructive or offensive recreational vehicles or any other types of motorized vehicles. 7. There shall be no hunting or trapping of any animals. 8. There shall be no direct or indirect division or subdivision of the Protected Property. TO HAVE AND TO HOLD the Conservation Easement unto the Grantee and its successors and assigns, forever. NEVERTHELESS, and notwithstanding any of the foregoing provisions to the contrary, the Conservation Easement granted hereunder and the covenants heretofore made are subject to the following rights of the Grantor which are hereby expressly reserved by the Grantor to and for itself, its successors and assigns: B. RESERVED RIGHTS AND CONDITIONS: The Grantor specifically reserves unto itself the following: 1) To sell the Protected Property subject to the terms and conditions of this easement: 2) To operate motor vehicles, including 4-wheel drive vehicles, three-wheel all terrain vehicles, and airboats, as reasonably necessary in connection with the uses of the Protected Property permitted hereunder: pro{ vided, however, that such use shall always be conducted in a manner which is consistent with the overall preservation and protection of the natural, scenic and open condition of the Protected Property: 3) 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: 4) To the extent permitted by law, to hunt deer and wild turkey during the legal hunting Page 4

PAGE 5

season for each species and to hunt or trap hogs at all times; provided, however, that: ( a) all such hunting shall be for non-commercial purposes; (b) the Grantor shall not charge or teceive a fee from any person for the right to hunt in the Protected Property; and 5) To graze cattle on the Protected Property in a manner which is consistent with the overall preservation and protection of the " natural, scenic and open condition of the Protected Property and the traditional and historical uses of the Protected Property; 6) To drill for oil on the Protected Property provided, however, that any oil drilling be done by slant drilling methods fro~ property other than Protected Property, if possible, and that if not possible that any drilling activity be conducted in a manner which is consistent with the overall preservation and protection of the natural, scenic and open conditions of the Protected Property. C. SPECIAL PROVISIONS: 1. Grantor, its successors and assigns, hereby agree to pay any and all real estate taxes and assessments levied by competent authorities on the Protected Property and further relieve the Grantee from responsibility for maintaining the Protected Property. 2. The Grantor agrees that the terms, conditions, re-strictions and purposes of this grant will be inserted by reference in any subsequent deed or other legal instruments by which the Grantor divests itself of either the fee simple title or to its possessory interest in the Protected Property. 3. The covenants agreed to and the terms, conditions, restrictions and purposes imposed with this grant shall not only Page 5

PAGE 6

be binding upon the Grantor, but also upon its agents, representatives, successors and assigns, and all other successors to it in interest and shall continue as a servitude running in perpetuity with the Protected Property. 4. This Conservation Easement may be modified by mutual written agreement between the Grantor and the Grantee,• their successors and assigns. 5. THIS CONSERVATION EASEMENT IS SUBJECT TO the terms and conditions of that certain Reciprocal Water Use and Drainage Agreement of even date herewith between the Grantor and the Grantee (hereinafter "Drainage Easement"). In the event of any con lict between this easement and the Drainage Easement, the terms of the Drainage Easement shall prevail. 6. Except as expresssly limited herein, the Grantor reserves for itself, its successors and assigns, all rights as owner of the Protected Property, including the right to use the property for all purposes not inconsistent with this grant. IN WITNESS WHEREOF, the Grantor has set its hand and seal the day and year first above written. 101 RANCH, INC. A FLORIDA CORPORATION By: -----------~--President ATTEST: ____________ _ (CORPORATE SEAL) Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ____________ , the president, and------------~---~~' the secretary of 101 RANCH, INC., a Florida corporation, and that they each acknowledged executing the foregoing Conservation Easement freely ,and voluntarily under authority duly vested in them by said corporation and the true seal of said corporation is affixed thereto. WITNESS My hand and official seal in the County and State last aforesiad this ___ day of April, 1984. This Instrument Prepared By; Paul E. Rosenthal, Esq. van den Berg , Gay, Burke Wilson & Arkin , P . A . 16 South Magnolia Avenue Orlando , Florida 32802 Notary Public My Commission Expires: Page 6


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