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Home My WebLink About2002 - Conservation Easement00 Note to Recording Clerk: Please cross-reference with O.R. Book 1293, Page 1681 and— O.R. Book 1272, Page 1977 Document Prepared By: , OnSite Management Group, Inc. i 1999 Pointe West Drive Vero Beach, Florida 32966 RT -m: %tit Naiehipri Return recorded copy to: Office of General Counsel St. John's River Water Management District P.O. Box 1429 Palatka, FL 32178-1429 IN THE RECORDS OF JEFFREY K• BARTON CLERK CIRCUIT COURT' INDIAN RIVER CO., FLA, CONSERVATION EASEMENT IN THE RECORDS OF JEFFREY K BARTON CLERKCIRCUITCOURT INDIAN RIVER CO» FLA THIS CONSERVATION EASEMENT is made this !�_day of I A,I,L.y lLi !� 2002 by COLLIER CLUB, INC., a Florida Corporation having an address at 1999 Pointe West Drive Vero Beach, Florida 32966, and COLLIER CLUB HOMEOWNER'S ASSOCIATION OF INDIAN RIVER COUNTY, INC., A Florida not-for-profit corporation, having as address at 1999 Pointe West Drive Vero Beach, Florida 32966, ("Grantors"), 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 ("Grantee"). WITNESSETH: WHEREAS, Grantor solely owns in fee simple certain real property in Indian River 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 # 4-061- 18853-2 and 4 -061 -0169 -ERP issued by Grantee, solely to off -set adverse impacts to natural resources, fish and wildlife, and wetland functions; and W N �.I W UT Cn 0 N C- I Q 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 wan -ant 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: (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. (c) Removing, trimming 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 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 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. Notwithstanding the prohibitions contained in Section 2, Grantor reserves the right to implement, operate and maintain the mitigation plan activities authorized by District permit numbers 4-061-18853-2 and 4 -061 -0169 - ERP or any subsequent modifications thereto. 4. Rights of Grantee. To accomplish the purposes stated herein, Grantor conveys the following rights to Grantee: (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. Grantee's Discretion. Grantee may enforce the terms of this Conservation Easement at o 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 G� construed to be a waiver b Grantee of such t y q v y term, or of an subsequent breach of the same or 'V any other term of this Conservation Easement, or of any of the Grantee's rights under this o Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy w 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. 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 arising from Grantor's ownership of 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 Bevond 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 or to persons resulting from such causes. 8. Recordation. Grantor shall record this Conservation Easement in timely fashion in the Official Records of Indian River 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. 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 Y servitude running in perpetuity with the Property. IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on the day and year fust above written. Signed, sealed and delivered GRANTOR: in our presence as witnesses: Signature: Signature: Printed Name: `ETC—PU t ( LtQ- LO.Uyk Charles R Mechling, President, Collier Club Homeowner's Association Signature: of Indian River County, Inc. a Florida Printed Name: �X1'YJp KO�eT-#nry not-for-profit corporation STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this y o� 2002, bxO_- t/ / �a y who did not take an oath Notary Public, State ofFlorida at Large. My Commission Expires: •_ uNOAA.DUB is p x MY COMMISSION 8 CC 9064 0 0 EXP1RES:AUgW12B,2006 fid- '>< 11;,n. a ed „wWpLtk Serial No. t9e 963y17<1 Personally known OR produced identification Identification produced Signed, sealed and delivered in our presence as witnesses: Signature: A 2�� Printed � f 9' X1 Charles R Mechling, President, Collier Club, Inc. a Florida Corporation Signature: Printed Name:6gP-cNp n, t STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this /%t�-da 0 Y 2002bj �who did not take an oath. Notary Public, State ofFlorida at Large. My Commission Expires: .,, uNoaanu sots ,,P -_a4 MY COMMISSIONBCC 563964 s_ EXPIRES: August 26, 2004 „64°x' Bontled Tlw Noury PWtic UntlerxNwe Serial No. 00- 9Ga yG yL Personal OR produced identification Identification produced 0 L N -3 G-3 O l7 Cn CONSENT AND JOINDER OF MORTGAGE The undersigned, First National Bank, the mortgagee under that certain Commercial Mortgage & Security Agreement dated June 23, 1998 and recorded at Official Record Book 1219, page 2571, of Indian County, Florida, and modified July 23, 2001 and recorded in Official Record Book 1417, page 1661, ofIndian County, Florida, hereby consents and joins in the foregoing Deed of Conservation Easement, and subordinates its mortgage lien encumbering all or any part of the Property (as described in the foregoing Deed of Conservation Easement) to the Deed of Conservation Easement. IN WITNESS WHEREOF, this Consent and Joinder is executed by the undersigned this (� day of 144, 2002. STATE OF FLORIDA COUNTY OF INDIAN RIVER Mortgagee BY: Name: Jay W. f fqr Title: Sen or V ec eres'dcnf The foregoing instrument was acknowledged before me this J 77 day of ` c-`- 002, by _ : - . W. 1 ccP who did not take an oath. SANDRA O'NEILL-BUTLER `� ✓ � Notary Public, Stale of Florida Notary Public, State of Florida at Large My 101nm• UP. Nov. 20, 2004 Comm- No- CC 969719 My Commission Expires: 4 Ajo% ao -,200 s� :v Serial No. e—(2 -9(29—W O Personally know / e/ ORProduced identification .Identificanonproduced --j Exhibit "A" Legal Description Tracts "A', `B" and "E" Collier Club Phase IIA, as recorded in Plat Book I &, Page L6 Public Records of Indian River County, Florida. SII Tract" G", Less the easterly 50 feet lying parallel to and adjacent to the Collier Club Drive 50 foot right-of-way and Tract' fi" Less the westerly 50 feet lying parallel to and adjacent to the Collier Club Drive 50 foot right-of-way, Collier Club Phase I, as recorded in Plat Book 15, Page 56, Public Records of Indian River County, Florida SECOND AMENDMENT TO MASTER DECLARATION OF COVENANT'S, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF COLLIER CLUB P.D. STATE OF FLORIDA, COUNTY OF INDIAN RIVER This Second Amendment to the Master Declaration of Covenant's, Conditions, Reservations and Restrictions of Collier Club P.D., made on the date hereinafter set forth by the Collier Club, Inc., a Florida Corporation, its successors and assigns, hereinafter referred to as the "DEVELOPER" WITNESSETH VnIEREAS, the Developer caused to be recorded the Master Declaration of Covenants, Conditions, Reservations and Restrictions of Collier Club P.D. in Official Records Book 1255 at page 1470 of the Public Records of Indian River County, Florida ("Declaration"); and WHEREAS, the property that was initially subject to the Declaration was Collier Club, Pbase I, according to the Plat thereof in accordance in Plat Book 15 at Page 56 of the Public Records of Indian River County, Florida; and WHEREAS, Article 11 of the Declaration provides that the Developer may submit additional lands to the Declaration by recording a written instrument in the Public Records of Indian River County, Florida, submitting such additional Lands to the terms and conditions of the Declaration; �_. WHEREAS, the Developer wishes to submit the property known as Collier Club, Phase IIA 0 according to the Plat thereof as recorded in Plat Book IL at Page (gy of the Public Records of Indian River County, Florida to the terms and conditions of the Declaration. T v NOW, THEREFORE, the Developer declares that the real property described as Collier 0 Club, Phase IIA, according to the Plat thereof as recorded in Plat Book jk at Page JA of the Public Records of Indian River County, Florida, shall be subject to the terms and conditions of the Declaration, and; SUCH LANDS ARE HEREBY SUBMITTED to the Declaration and are subject to the covenants, restrictions, reservations, easements, charges and liens as set forth in the Declaration, as well as all the terms and conditions of the Declaration. IN WITNESS WHEREOF, the Developer has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, this L_) day of u"A 2MN, 2002. COLLIER BY: v� �mwc/ / Charles Mechling President Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER The person appearing before me, the undersigned authority, Charles Mechling, is President of the Collier Club, Inc., a Florida Corporation, perso ly ]mown to me or who produced for identification this Iq day o , 2002. LWA A DUa018 Otfliy PnbI1C MY COMMISSION P CC 9MS4 RM 02t„ BadveTwNgeryPWEUMwwtert