HomeMy WebLinkAboutSt Johns River Water Management District - Deed of Conservation EasementPrepared by:
BKI, Inc. Consulting Ecologists
225 Fifth Ave Suite 2
Indialantic, Florida 32903
Return original or certified recorded document to:
St. Johns River Water Management District
4049 Reid Street
Palatka, FL 32177
CFN 2018211152, OR BK 8266 PAGE 250 .
Recorded 09/20/2018 at 11 :20 AM, Scott Ellis, Clerk of Courts,
Brevard County
Doc D $0. 70 tt Pgs: 10
THIS DEED OF CONSERVATION EASEMENT is given this 2~ P.i> day of ~~
___ , 20_!.i_, by the City of Cape Canaveral ("Grantor") whose mailing address is PO Box 326, Cape
Canaveral, FL 32920 to St. Johns River Water Management District ("Grantee"). As used herein, the term
"Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of
the "Conservation Easement Area" (as hereinafter defined) and the term "Grantee" shall include any
successor or assignee of Grantee.
WITNESS ETH
WHEREAS, the Grantor is the fee simple owner of certain lands situated in Brevard County, Florida,
and more specifically described on the location map in Exhibit "A" attached hereto and incorporated herein
(the "Property"); and
WHEREAS, Permit No. 130146-2 ("Permit") and any modifications thereto issued by the Grantee
authorizes certain activities which could affect wetlands or other surface waters in or of the State of Florida;
and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit or other good and
valuable consideration provided to Grantor, is agreeable to granting and securing to the Grantee a
perpetual Conservation Easement as defined in Section 704.06, Florida Statutes (F.S.), over the area of the
Property described on Exhibit "B" ("Conservation Easement Area"); and
WHEREAS, Grantor grants this Conservation Easement as a condition of the Permit, solely to off-set
or prevent adverse impacts to natural resources, fish and wildlife, and wetland functions; and
WHEREAS, Grantor desires to preserve the Conservation Easement Area in perpetuity in its natural
condition, or, in accordance with the Permit, in an enhanced, restored, or created condition; and
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the
permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and
valuable consideration provided to the Grantor, the adequacy and receipt of which are hereby
acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the area of the Property described on
Exhibit "B" which shall run with the land and be binding upon the Grantor, and shall remain in full force
and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in
their existing, natural, vegetative, hydrologic, scenic, open or wooded condition and to retain such areas as
suitable habitat for fish, plants, or wildlife in accordance with Section 704.06, F.S. Those wetland and upland
Form 62-330.301 (8)-Deed of Conservation Easement -Standard
Incorporated by reference in paragraph 62-330.301 (6)(a), F .A.C. (October 1, 201 3)
[Revised to specify SJRWMDJ Page 1 of 8
areas included in this Conservation Easement which are to be preserved, enhanced, restored , or created
pursuant to the Permit (or any modification thereto) and any Management Plan attached hereto as Exhibit "C"
("Management Plan ") which has been approved in writing by the Grantee, shall be retained and maintained in
the preserved, enhanced, restored, or created condition required by the Permit (or any modification thereto).
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Conservation Easement Area at reasonable times with any
necessary equipment or vehicles to inspect, determine compliance with the covenants and prohibitions
contained in this easement, and to enforce the rights herein granted in a manner that will not unreasonably
interfere with the use and quiet enjoyment of the Conservation Easement Area by Grantor at the time of such
entry; and
b. To proceed at law or in equity to enforce the prov1s1on of this Conservation
Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities
set forth herein, and to require the restoration of such areas or features of the Conservation Easement
Area that may be damaged by any activity or use that is inconsistent with this Conservation Easement.
3. Prohibited Uses. Except for activities that are permitted or required by the Permit (or any
modification thereto) (which may include restoration , creation, enhancement, maintenance, and
monitoring activities, or surface water management improvements) or other activities described herein or
in the Management Plan (if any), any activity on or use of the Conservation Easement area inconsistent
with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the
foregoing, the following activities are expressly prohibited in or on the Conservation Easement area:
a. Construction or placing of buildings, roads, signs, billboards or other advertising,
utilities, or other structures on or above the ground except for the boardwalk noted in the Grantor's
Reserved Rights section;
b. Dumping or placing of soil or other substance or material as landfill, or dumping or
placing of trash, waste, or unsightly or offensive materials;
c. Removing, destroying or trimming trees, shrubs, or other vegetation, except:
i. The removal of dead trees and shrubs or leaning trees that could cause
damage property is authorized;
ii. The destruction and removal of noxious, nuisance or exotic invasive plant
species as listed on the most recent Florida Exotic Pest Plant Council's List of Invasive Species is authorized;
iii. Activities authorized by the Permit or described in the Management Plan or
otherwise approved in writing by the Grantee are authorized; and
iv. Activities conducted in accordance with a wildfire mitigation plan developed
with the Florida Forest Service that has been approved in writing by the Grantee are authorized. No later
than thirty (30) days before commencing any activities to implement the approved wildfire mitigation plan,
Grantor shall notify the Grantee in writing of its intent to commence such activities. All such activities may
only be completed during the time period for which the Grantee approved the plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain in its
natural, restored, enhanced, or created condition;
Form 62-330.301 (8)-Deed of Conservation Easement -Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
[Revised to specify SJRWMDJ Page 2 of 8
f. Activities detrimental to drainage, flood control, water conservation, erosion control ,
soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking,
clearing, and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water areas;
and
h. Acts or uses which are detrimental to the preservation of the structural integrity or
physical appearance of sites or properties having historical, archaeological, or cultural significance.
4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Conservation
Easement Area, including the right to engage or to permit or invite others to engage in all uses of the
Conservation Easement Area that are not prohibited herein and which are not inconsistent with the Permit
(or any modification thereto), Management Plan, or the intent and purposes of this Conservation
Easement. The Grantor specifically reserves the right to construct a boardwalk of no greater than six feet
in width from the east side of the conservation area to the west side of the conservation area.
5. No Dedication. No right of access by the general public to any portion of the
Conservation Easement Area is conveyed by this Conservation Easement.
6. Grantee's Liability. Grantee's liability is limited as provided in Subsection 704.06(10) and
Section 768.28, F.S. Additionally, Grantee shall not be responsible for any costs or liabilities related to
the operation, upkeep, or maintenance of the Conservation Easement Area.
7. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation
Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to
exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or
construed to be a waiver of Grantee's rights hereunder. Grantee shall not be obligated to Grantor, or to
any other person or entity, to enforce the provisions of this Conservation Easement.
8. Taxes. When perpetual maintenance is required by the Permit, Grantor shall pay before
delinquency any and all taxes, assessments, fees, and charges of whatever description levied on or
assessed by competent authority on the Conservation Easement Area, and shall furnish the Grantee with
satisfactory evidence of payment upon request.
9. Assignment. Grantee will hold this Conservation Easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to
another organization or entity qualified to hold such interests under the applicable state laws.
10. Severability. If any provision of this Conservation Easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation
Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is
preserved.
11 . Terms and Restrictions. Grantor shall insert the terms and restrictions of this
Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself
of any interest in the Conservation Easement.
12. Written Notice. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified mail, return receipt
requested, addressed to the appropriate party or successor-in-interest.
13. Modifications. This Conservation Easement may be amended, altered, released or
revoked only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest, which shall be filed in the public records in ___________ _
County, Florida.
Form 62-330.301(8)-Deed of Conservation Easement -Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
[Revised to specify SJRWMDJ Page 3 of 8
14. Recordation. Grantor shall record this Conservation Easement in timely fashion in the
Official Records of Brevard 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.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and
purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a
servitude running in perpetuity with the Conservation Easement Area.
Grantor hereby covenants with Grantee that Grantor is lawfully seized of said Conservation
Easement Area in fee simple; that the Conservation Easement is free and clear of all encumbrances that are
inconsistent with the terms of this Conservation Easement; all mortgages and liens on the Conservation
Easement area, if any, have been subordinated to this Conservation Easement; that Grantor has good right
and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends
record title to the Conservation Easement Area hereby conveyed against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, City of Cape Canaveral ("Grantor") has hereunto set its authorized hand
2,td dayof Jlt~ ,20 /f . this
City of Cape Canaveral
By: l9 Y -j. H ~
(Signature)
Name: David L. Greene
(Print)
Title: City Manager
Signed, sealed and delivered in our presence as witnesses: ~
By: ~-C. ~ By: __ ~~-----
..5 (Signature) (Signature)
Name:r .l~,i;,.:X }\. ~,ff Name :_/),_~_N_l_€t.,_U __ kt_~_~_R... __
(Pri~t) (Print)
ST ATE OF FLORIDA
Form 62-330.301 (8) -Deed of Conservation Easement -Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
[Revised to specify SJRWMD] Page 4 of 8
cor~P.m~!i on , or D (choose one) and the he/she was duly authorized to do
so He She is personally known to me or has produced a b '4.,, (state)
dri ' license-as 1dentificatio~ '
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
:\t.RY A Mia Goforth
Form 62-330.301 (8) -Deed of Conservation Easement -Standard
Incorporated by reference in paragraph 62-330.301 (6)(a), F .A.C. (October 1, 2013)
[Revised to specify SJRWMD]
~ NOTARY PUBLIC
'§ STATE OF FLORIDA 0 ~ Comm# GG083783
Expires 5/16/2021
Page 5 of 8
EXHIBIT A
Form 62-330.301 (8) -Deed of Conservation Easement -Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
[Revised to specify SJRWMDJ Page 6 of 8
Exhibit A -Project Location
EXHIBIT B
Form 62-330.301(8)-Deed of Conservation Easement-Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
[Revised to specify SJRWMDJ Page 7 of 8
• CE_Signs
c::J LPR_Parcel
Activity
1111 Conservation Easement -Pepper Removal
L Parking -Possible Small Bathroom
BKI, Consulting Ecologists
401 Ocean Ave. Suite 204
Melbourne Beach , Florida 32951
321-951-7964
Subject: Restoration Plan Map
Project: Long Point Road Property
Date: 01/24/18
Note: LABINS 2015 High Resolution Aerial
Figure
1
EXHIBIT C
The co-permittee will be responsible for the removal of exotic and nuisance vegetation as
defined by the Florida Exotic Pest Plant Council's 2013 Invasive Species List. Maintenance will
be conducted, as necessary to maintain such species at less than 5 percent coverage, for a
period of 25 years from date of permit issuance and will use appropriate methods of control
that include, but are not limited to, cutting, mowing, chemical treatment, hand removal, or any
combination thereof.
The personnel implementing this work will be qualified to identify exotic and nuisance species.
In addition, they should be qualified to recognize key protected species that occur in the local
area in order to avoid damage to these species. Exotic plant removal will be performed to
minimize damage to non-target sensitive vegetation.
The Granter 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.
Form 62-330.301(8)-Deed of Conservation Easement -Standard
Incorporated by reference in paragraph 62-330.301 (6)(a), F .A.C. (October 1, 2013)
[Revised to specify SJRWMD] Page 8 of 8