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HomeMy WebLinkAboutCentex Homes-Conservation Easement-1999 08 17 . . :. \ L\ . ~() :1AR'1'..\HHt MO:~S::: h- r! ~ ~K Q:: C\;:;CUI ~ CUlI:-;! '-~:':'~/!IWt~'. i:OUt,j'i. =:. ,ECORDED & VERIFICU 999 ~UG '11 PH 2: 59 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: .)0 Oocumel:l,ry T3Y Pd. $ \n~n~lble Tax Pd. $- ~ WafYNlIU Yorl... C rk Sllmlnole Burgess N. Trank, Jr., Esq. ~ Centex Homes ~J 385 Douglas A venue, Suite 1000 Altamonte Springs, Florida, 32714 Qtlun':'{ !'!'V t D.C. For Recording Purposes Only CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made this ~day of August, 1999 by CENTEX HOMES, a Nevada general partnership having an address at 385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida 32714 ("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 Post Office Box 1429, Pal atka , Florida 32178-14t.9 fT1 ("Grantee). :J: :z:: WITNESSETH: F2 (Tt W -.J o -.J we o~ 0--' -r- ,- "r-:. ;:, . - CJ r--- - WHEREAS, Grantor owns in fee simple certain property located in Seminole CoUl~, -.J Florida, as more particularly described in Exhibit A attached hereto and incorporated herein by this CO reference (the "Property"); W .: -"' -0 =.; }:>:;::> c>c! ! qc.'"":. WHEREAS, the Property is part of a larger tract of land to be developed by Grantor as the Wagner Station PlatUled-Unit Development, a/kJa Parkstone, in accordance with plans approved by the goverrunental authorities having jurisdiction thereof; WHEREAS, the Property abuts the waters of Lake Jessup, and extends into the historic lakebed; WHEREAS, Grantor grants this Conservation Easement as a condition of permit number 4- 1 17-0482ERP issued 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 subject to the conditions herein set forth; 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 non-exclusive -,,,~;~,,,,,"~~~'''''''''''''''-''''''''''".''-'''''''''''''''''~-"''---~- UFFICI;.". :~F::il:~OS 800r :).\GF. 3707 I 781} conservation easement in perpetuity over the g~n~Lqf ~.qa~re 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. 1. Purpose. The purpose of this Conservation Easement is to assure that the Property will be retained forever in its existing natural condition, subject to the conditions herein established, and to prevent any use of the Property that will impair or interfere with the environmental value of the Property, except as herein set forth. 2. Prohibited Activities. Any activity on or use of the Property inconsistent with the purpose of this Conservation Easement and the provisions of section 704.06, Florida Statutes, is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. (b) Dumping or placing of soil or other substances 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 except as is necessary to construct or maintain boardwalks, piers, docks, decks, platforms or other similar structures approved by the Grantee for construction and use within the Conservation Easement and on, over and upon the waters of Lake Jessup. (d) Excavating, grading, dredging, filling 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 Rie:hts. 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 purposes of this Conservation Easement. Without limiting the foregoing, Grantor expressly reserves the right for itself, its successors and assigns, to construct boardwalks, piers, docks, decks, platforms and other similar structures approved by Grantee for construction 006.149285.1 2 -- ...~-_.".,.~"",.- .,...,..,._~""",_...,-".~..~ .JFf IC!f\'_:,0 .~DS :)0 Ol'~ J i\ G :~ 3707 1785 and use within the Conservation Easement, and on, 9y:(}~\?{~~pi:>i1. me. waters of Lake Jessup, provided that such structures, improvements and uses satisfy the following: (a) Construction of such boardwalks, piers, docks, decks, platforms and other similar structures shall not occur over submerged grass beds or wetlands. However. the access walkway portion of the dock or other structure may traverse these resources, provided it is elevated a minimum of either five feet above the ordinary high water line or three feet above grade landward of the ordinary high water line, contains handrails that are maintained in such a manner as to prevent use of the access walkways for boat mooring or access, and does not exceed a width of six feet. There shall be a space of one and one-half inches between each deck slat on all docks and other structures. (b) There shall be no wet bars or living quarters over wetlands or other surface waters or on the dock or other structure, and no structure shall be enclosed by walls or doors. (c) The structure and its use shall not significantly impede navigability in the water body. (d) There shall be no dredging or filling associated with construction of the structures authorized herein other than that required for installation of the actual pilings for the boardwalk, pier, dock, deck, platform or other similar structure. ..~ (e) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on the structures authorized herein. In addition, no overboard discharges of trash, human or animal waste, or fuel shall occur from any structures authorized herein. (t) This Conservation Easement shall not authorize the construction of more than one dock or other similar structure per parcel of land or individual lot. No dock or similar structure can be constructed within the twenty-five-foot upland buffer located between the wetland areas within this Conservation Easement and lots on which homes are to be built or have been built. The structure must begin at the delineated wetland line and extend toward Lake Jessup. However, a three-foot-wide vegetated path may be maintained through the upland buffer area. (g) There shall be no removal of trees larger than three inches in diameter at breast height (OBH) from the Property within the Conservation Easement. During construction of any dock, boardwalk, pier, deck, platform or other similar structure in conjunction herewith, loss of native vegetation shall be kept to a minimum and be necessary to build these structures. (11) Any boardwalk, pier, dock, deck, platform or other structure constructed in accordance with this section shall also satisfy the requirements of all necessary permits, laws, ordinances and regulations of the governmental authorities having jurisdiction thereof. (i) Removal of nuisance and invasive species within the Conservation Easement and on, over and upon the waters of Lake Jessup with written authorization from the Grantee. 006.149205.1 3 , .~,.-...............-........",,~.....,..--,...~,..,.,~~._~-_...~~~~'~-~ JFFICIA~_ :~~ 3001'\ f{U::; ?AG~ 3707 1785 q:-~llf.Jnl ~ in F.' 4. Rights of Grantee. To accomplish the purpe3es S't'<1tetl flereizr, 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 to require the restoration of areas or features of the Property that may be damaged by any activity inconsistent with its 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. 6. Grantee's Liabilitv. The owner of the fee interest in the Property shall retain 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 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. Assi!?:nment. This Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization that is a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1954, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder, and authorized to acquire and hold environmental easements under the statutes of the State of Florida (or any successor provision then applicable). As a condition of such transfer, Grantee shall require that the environmental purposes that this Grant is intended to advance continue to be carried out. 9. Recordation. Grantor shall record this Conservation Easement in a timely fashion in the Official Records of Seminole 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 006.149205.1 4 oj f i I V ! i~'_ ~: E C. Of{ 0 S 80m; ?AG: 3707 1788 EXHIBIT "A" SEt1lHOLc co. FL DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT This Conservation Easement consists of three (3) separate but contiguous tracts of land identified herein as Parcels A, B and C according to the metes and bounds descriptions attached hereto as follows: 9 :\leg a Il\easement\prkstncon. eas 73099 5 ~-*-",--"--,*,~............."--"",,,">.---...._~_.~ JF f leL" 300r: ;~\ . .Ut~U::; JAG!: PARCEL A 3707 \789 SEM\HOlt CLI. FL DESCRIPTION: That port of Lot A, CHASE AND COMPANYS SUBDIVISION OF WAGNER, according to the plat thereof, as recorded in Plat Book 6, Page 64, Public Rec~rds of Seminole. County! Florida, described os follows: Begin at the Southwest .comer of said Lot 7,. Bl.ock 0, O. R. MITCHELL'$ SURVEY OF THE LEVY GRANT ON LAKE JESSUP; thence run S 8.3"54'55''' W along the South line of said Lot 0, CHASE AND COMPANY'S SUBDIVISION OF WAGNER, for a distance of 505.62 feet; thence run N 06"05'05" W for a distance of 735.00 feet; thence run 5 83"54'55" W for a distance .of 144.00 feet; thence run N 06'05'05" W for a distance of 85.00 feet; thence run S 83'54'55" W for a distance at 360.00 feet; thence run S 86"14'13" W for a distance of 50.04 feet; thence run N 65"2.3'40" W for a distance of 227.30 feet to a point on the West line of 'Lot D of said CHASE AND COMPANy'S SUBDIVISION OF WAGNER; thence run N 07'02'15" W along said West line for a distance of 100.00 feet to the Northwest corner thereof; thence run S 83'28'41" W along the South line of Lot A of said CHASE AND COMPANy'S SUBDIVISION OF WAGNER for a distance of 809.39 teet to the Southwest corner thereof; thence run N 01'00'50" W along the West line ot said Lot A for 0 distance of 479.85 feet to the POINT OF BEGINNING; thence continue N 01'00'50" W along said West line for 0 distance of 103.20 feet; thence leaving said West line run S 54"43'35" E for a distance of 112.45 feet; thence run S 41'53".31 W for 0 distance of 37~.55 feet; thence run S 74"51'1.3" W for 0 distance of 36.49 feet; thence run N 90"00'00" W for a dlstonce o( 18~91 (eet to th.e POINT OF BEGINNING. . Containing 0.115 acres more or less and beIng subject to any rights-ot-way, restriction~ and easem.en ts of r~cord. PARCEL B JFF._.:\: :~;:-i1f(OS ~ooy. . ~AG:. " 3707 1790 'ESCRIPDON: '. SE/-mWLl:. cu. FL That part of Lot 7, Block C, D. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON ,LAKE .JESSUP, according to the plat thereof, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, AND: That part of Lots A,B, and C, CHASE AND COMPANY'S SUBDIVISION OF WAGNER, according to the plat thereof, as recorded in Plat Book 6, Page 64. Public Records of Seminole County, Florida, Described as .follows: Begin at the Southwest corner of Lot 7, Block 0, D. R. MITCHELL'S SURVEY OF mE LEVY GRANT ON LAKE JESSUP, according to the plat thereof, os recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, thence run S 83'54'55" W along the South line of Lot 0, of said CHASE AND COMPANy'S SUBDIVISION OF WAGNER, for a distance of 505.62 feet; thence run N 06'05'05" W for 0 distance of 735.00 feet; thence run S 8T54'55" W for a distance of 144.00 feet; thence run N 06'05'05" W for a distance of 85.00 feet; thence run S 83'54'55" YI for 0 distance of 360.00 feet; thence run S 86'14'13" W for a distance of 50.04 feet,' thence run N 65'23'40" W for a distance of 227.30 feet to Q point on the West line of Lot D of said CHASE AND COMPANy'S SUBDIVISION OF WAGNER; thence run - . 01'02'15" W along said West line for a distance of 100.00 feet to the ,.Jorthwest corner thereof;. thence run S 83:28'41'" W alo,ng the Soufh line of Lot A of said CHASE AND COMPANY'S SUBDIVISION OF WAGNER for a distance of 809.39 feet to the Southwest corner thereof; thence run N 01'00'50" W along the West line of said Lot A for a distance of 952.95 feet ta the North line,"of ,the South 952.92 feet of sold Lot A,' thence run N 83'28'41" E . along said North line for a distance of 20.00 feet to the POINT OF ' BEGINNING; thence con tinue N 83'28'41" E along said North line for a distance of 477.23 feet to the water's edge of Lake Jessup; said point also being Reference Poin~ "A"; thenc(}! run Easterly along said water's edge 1990 feet more or less to a point on said water's. edge lyin'g S 89'44'37" E a distance of'1961.50 feet from said Reference Poin t "A"; thence run the following 45 courses: thence run S 00'11'02" W for a distance of 63,75 feet; thence run S 75'18'18" W for a distance of JO.30 feet; thence run S 88'J3'50" W for a distance of 66.24 feet; thence run S 72'04'44" W for 0 distance of 61.20 feet;. thence run S 35'26'15" W for 0 distance of 27.48 feet to the point of curvature of a curve concave Northerly having 0 radius of 25.00 feet; thence run Northwesterly along the 'arc of said curve through 0 central angle of 111'55'J1" for a distance of 51.45 feet to the point of tangency; thence run N 20'38'14" W for a distance of 20.18 feet; thence run S 84'56'18" W for a distance of 9.52 feet; thence run S 69'05'11" W for a distance of 104.09 feet; thence run S 75'58'40" W for 0 distance of 74.60 feet; thence run N 83'14'01". W for a distance of 95.99 feet; thence run S 84'11'03" W for a distance of 78.16 feet; thence run S 87'41'02" W for a distance of 77.28 feet; thence run N 87'35'29" W for a distance of 86.06 feet; -"'ence fl!.n N 81'37'27" W for 0 distance of 81.66 feet; thence run N ..-'"',w__----..;~""""""'.~"~-,--......~-.",....,~'-.-...- . . JF F Il 30CW ;~ F. : ..l 1\ 0 S PAGE 3707 1791 SEt-1IHOLE ClI. FL ,83'29'46" W for a distance of 64.52 feet; thence run 5 15'43'52" W for a distance of 55.64 feet; thence run S 17'20'11" W for a distance of 79.14 feet; thence run S 85'26'22" W for a distance of 62.62 feet; thence run S 52'02'58" W for .a distance of 23.80 feet; thence run S 59'53'02" W for a distance of 70.40 feet; thence run S 87'36'26" W for a distance of 59.4$ feet; thence run N 45'05'44" W for a distance of 42.56 feet; thence run N 56'07'42" W for a distance of 1.25 feet; thence run S 74'40'.30" W for a distance of 16.72 feet; thence run N 78'34'50" W for a distance of 75,76 feet; thence run. S 50'22'40" W for a distance of 73.49 feet,' thence run . N 86'55'55" W.fof. a distance..of 92,84; feet;" thence . run. S 85'14'13" W for a distance of 71.43 feet; thence run S 81'29'37" W for 0 distance of 155,72 feet; thence run N 58'47'04" W for a distance of 58.68 feet; thence run S 72'25'47" W for a distance of 50.05 feet; thence run N 61"09'30" W for a distance of 84.08 feet; . thence run N 8412'24" W for a distance of 63.43 feet; thence run S 56".35'53" W for a distance of 64.89 feet; thence run S 66"47'39" W for a distance of 59.83 feet; thence run S 51'59'21" W for a distance of 98.58 feet; thence run N 70'00'30" W for a distance of 69.51 feet; thence run N 88'09'51" W for a distance of 105.92 feet; thence run S 58'00'49" W for a distance of 70.75 feet; thence run N 84'23'37" W for a distance of 42.50 feet; thence run S 38'03'21" W for a distance of 28.53 feet; thence run S 20'52'30" W for a distance of 26.72 feet; thence run N 54'43'35" W for a distance of 86.16 feet; thence run N 07'00'50" W for a distance of 360.89 feet to 'the POINT OF BEGINNING. Coritaining 14.637 acres more or less and being subject to any rights-of-way, restrictions and easemen ts of record. /' _._"_~""k_'''''__'___"",_,__,__~"",,-,~'__.'''''''"''''''''''''''''-_~_''''_''''~.,.., , P A RC.[ L "C-Ii ( - r .)f ')c. JFflC!A~. '\L:..\ {Lv , :JAG!:" ~OOh ,f-', ~. ; ., DESCRIPTION: 37 07 \ 7 9 2 That port of Lots 4, 5, 6 and 7, Block ~C", D~~iRjINfiJAfHE&l 'SLSURVE"Y OF THE LEVY GRANT ON LAKE JESSUP, according to the plat thereof, as recorded in Pial Book " Page 5, Public Records of Seminole County, Florida, described os follows: "0."-' Commence at the.. Southwest corner of lot 7, Block 0, of said O. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP; thence run N 07'00'50" W, along the West line of said Lot 7, Block "0", and the West line of Lot C, CHASE AND COMPANY'S SUBDIVISION OF WAGNER, Plat Book 6, Page 64, Public Records of Seminole County, Florida, for a distance .of 1689.24 feet; thence, departing said West line, run N 82'59'10" E far 0 distance of. 384.23 feet to -the POINT OF . BEGINNING; thence run N 88'45'44" E for a distance of 82.42 feet; thence run S 77'02'21" E for a distance of 66.99 feet; thence run $ 88'41'38" E for a distcnce of 195.89 feet; thence run S 46'13'06" E for a distanc~ of 105.35 feet; thence run S 35'02'03" W for a distance of 47,89 feet to the point of curvature of a curve concave Easterly having a radius of 25.00 feet; thence run Souther/y, along the arc of said curve through a central angle of 52'26'57" for a distance of 22.89 feet to the point of tangericy; thence run S 17'24'54" [ for a distance of 76.73 feet; thence run S 10'43'54" E for a distance of 65.21 feet; thence run S 15'15'40" E for 0 distance of 47.44 feet to the point of curvature of 0 curve concave Northeasterly having 0 radius of 25.00 feet; thence run Southeasterly, along the arc of said curve through 0 centrar angre of 72'44'23" for a dista')ce of 31. 74 'feet to the point of tangency. thence run S 88'00'03" E for a distance of 49.96 feet; thence run N 70'50'56" E for 0 distance of 49.12 feet; thence rur. S 83'26'35" E for 0 distance of 46.11 feet; thence run N 74'37'18" E for c distance of 39.60 feet; thence run N 77'24'54" E for a distance of 48.59 feet; thence run N 53'15'40" E for a distance of 51.63 feet; thence run N 45'29'03" E for 0 distance of 51,42 feet; thence run N 25'51'15" E for a distance of 8.03 feet; thence run N 64'23'30" [ for 0 distance of 73.24 feet; thence run . N 70:01'53" E for 0 distance af 24.44 feet; thence run S 80'45'46" E for 0 distance of 23,86 feet to the point of curvature of a curve concave Northerly having a radius of 25.00 feet; thence run Easterly, along the arc of said curve through 0 central angle of 51'23'08" for a distance of 22.42 feet to the point I of tangency; thence run. N 47'51'06" E for a distance of 29,29 feet; th€?nce run N 41'59'24" E for 0 distance of 3~63 feet; thence run N .70'11'29" [ for a distance of 73,29 feet; thence run N 81'47'11" E for a distance of 95.94 feet; thence run N 88'49'13" E for c distance of 79..3.3 feet; thence run S 81'19'16" E (or a distance of 114,98 feet; thence run S 88'55'26" E for 0 distance of 106.70 feet; thence run S 83'14'12" E for Q distance of 145.25 feet; thence run N 8: '19'48" E for 0 distance of 29.38 feet; thence .run N 08'40'12" W for a distance of 84.96 feet; thence run N 81'19'48" E for a distance a( 20.00 feet; thence run S 08'40'12" E for c distance of 84.96 feet; thence run N 81'19'48" E (or 0 distance of 32.34 feet; thence run N 74'19'56" [ for 0 distance of 53.36 (eet to the West line of lot J, Block C, of said plat of D. R. MITCHELL'S SURVE"Y OF THE LEVY GRANT ON LAKE JESSUP; thence run N 06'38'26" W along said West line (or 0 distance of. 147.39 feet to a Reference Point "A" at the water's edge of Lake Jessup; thence run Westerly, along said water's edge T68J feet more or less to 0 point on said water's edge lying N 87"12'45" W a distance of 1651.28 feet from said Reference Point "A", said point being distant 77.04 feet on a tearing of N 00'11'02" E from the Point of Beginning; thence run S 00';; '02" W for 0 distance of 77.04 feet to the POINT or BEGINNING. Containing 6.97 acres more o.r less and being subject to any rights-of-wey. restrictions ond easemen ts of record.