DEED OF CONSERVATION EASEMENT THIRD PARTY BENEFICIARY RIGHTS TO USACE

Transcription

1 DEED OF CONSERVATION EASEMENT THIRD PARTY BENEFICIARY RIGHTS TO USACE Prepared by: Foxbranch Cattle Company Partners Joy P. Sherwood 1444 Fairhaven Drive Lakeland, FL Return original or certified recorded document to: Southwest Florida Water Management District 2379 Broad Street Brooksville, FL THIS DEED OF CONSERVATION EASEMENT is given this day of, 20, by Foxbranch Cattle Company Partners ( Grantor ) whose mailing address is 1444 Fairhaven Drive, Lakeland, FL to Southwest Florida Water Management District( Grantee ) with third party enforcement rights to the U.S. Army Crops of Engineers ( Third Party Beneficiary ). 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); the term Grantee shall include any successor or assignee of Grantee; and the term Third Party Beneficiary shall include any successor or assignee of the Third Party Beneficiary. WITNESSETH WHEREAS, the Grantor is the fee simple owner of certain lands situated in Polk County, Florida, and more specifically described on the location map in Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, Permit No. ( 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 U.S. Army Corps of Engineers Permit No. (Corps Permit) authorizes certain activities in the waters of the United States and requires this site protection instrument over the lands identified in Exhibit B as mitigation for such activities; 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 , 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 Form (13) Deed of Conservation Easement Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph (6)(f), F.A.C. (October 1, 2013) Page 1 of 11

2 acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the Conservation Easement Area 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 , F.S. Those wetland and upland 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 provision 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 (except as authorized or required by the Permit (or any modification thereof) or in a Management Plan which has been approved in writing by the Grantee): 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 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 Form (13) Deed of Conservation Easement Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph (6)(f), F.A.C. (October 1, 2013) Page 2 of 11

3 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; 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; and g. Acts or uses detrimental to such aforementioned retention of land or water areas; 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. 5. Rights of the U.S. Army Corps of Engineers ( Corps ). The Corps, as a third-party beneficiary, shall have the right to enforce the terms and conditions of this Conservation Easement, including: a. The right to take action to preserve and protect the environmental value of the Conservation Easement Area; b. The right to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purpose of this Conservation Easement, and to require the restoration of areas or features of the Conservation Easement Area that may be damaged by any inconsistent activity or use; c. The right to enter upon and inspect the Conservation Easement Area 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; and d. The right to enforce this Conservation Easement by injunction or 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 the right to require Grantor, or its successors or assigns, to restore such areas or features of the Conservation Easement Area that may be damaged by any inconsistent activity or use or unauthorized activities. The Grantor, including their successors or assigns, shall provide the Corps at least 60 days advance notice in writing before any action is taken to amend, alter, release, or revoke this Conservation Easement. The Grantee shall provide reasonable notice and an opportunity to comment or object to the release or amendment to the U.S. Army Corps of Engineers. The Grantee shall consider any comments or objections from the U.S. Army Corps of Engineers when making the final decision to release or amend this Conservation Easement. Form (13) Deed of Conservation Easement Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph (6)(f), F.A.C. (October 1, 2013) Page 3 of 11

4 6. No Dedication. No right of access by the general public to any portion of the Conservation Easement Area is conveyed by this Conservation Easement. 7. Grantee s and Third Party Beneficiary s Liability. Grantee s liability is limited as provided in Subsection (10) and Section , F.S. Additionally, Grantee and Third Party Beneficiary shall not be responsible for any costs or liabilities related to the operation, upkeep, or maintenance of the Conservation Easement Area. 8. 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. 9. Third Party Beneficiary s Enforcement Rights. The Third Party Beneficiary of this Conservation Easement shall have all the rights of the Grantee under this Conservation Easement, including third party enforcement rights of the terms, provisions and restrictions of this Conservation Easement. Third Party Beneficiary s enforcement of the terms, provisions and restrictions shall be at the discretion of the Third Party Beneficiary, and any forbearance on behalf of the Third Party Beneficiary 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 Third Party Beneficiary s rights hereunder. Third Party Beneficiary shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 10. 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. 11. 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. 12. 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. 13. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement (or incorporate the terms and restrictions by reference) in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. 14. 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. 15. 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 Polk County, Florida. 16. Recordation. Grantor shall record this Conservation Easement in timely fashion in the Official Records of Polk 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 Form (13) Deed of Conservation Easement Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph (6)(f), F.A.C. (October 1, 2013) Page 4 of 11

5 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. Form (13) Deed of Conservation Easement Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph (6)(f), F.A.C. (October 1, 2013) Page 5 of 11

6 IN WITNESS WHEREOF, Foxbranch Cattle Company Partners ( Grantor ) has hereunto set its authorized hand this day of, 20. Foxbranch Cattle Company Partners, A Florida corporation or a Florida General Partnership (choose one) By: Name: Title: (Signature) (Print) Joy P. Sherwood General Manager Signed, sealed and delivered in our presence as witnesses: By: (Signature) By: (Signature) Name: (Print) Name: (Print) STATE OF FLORIDA COUNTY OF On this, 20, before me, the undersigned notary public, personally appeared, the person who subscribed to the foregoing instrument, as the General Manager (title), of Foxbranch Cattle Company Partners ( corporation), a Florida corporation, or a Florida General Partnership (choose one) and acknowledged that he/she executed the same on behalf of said corporation, or (choose one) and the he/she was duly authorized to do so. He/She is personally known to me or has produced a (state) driver s license as identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (Signature) (Name) My Commission Expires: Form (13) Deed of Conservation Easement Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph (6)(f), F.A.C. (October 1, 2013) Page 6 of 11

7 EXHIBIT A [LOCATION MAP] Form (13) Deed of Conservation Easement Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph (6)(f), F.A.C. (October 1, 2013) Page 9 of 11

8 535 Rifle Range Parkway 30th Livingston 41 Withlacoochee State Forest Brooksville 41 Hernando 75 North Wesley Chapel UV Elgin UV50 UV 35 Ridge Manor 301 UV UV UV UV Zephyrhills 98 UV 471 Clermont Orlando Citrus Ridge Hillsborough River State Park UV UV508 Polk UV 659 UV Lakeland UV539 UV 93 UV 4 Winter Haven UV Hillsborough UV 566 UV 563 UV UV655 UV Tampa--St. Petersburg UV 549 UV UV37 UV UV 618 UV39 UV60 UV 17 UV UV 301 UV Bartow UV 580 UV st 7th 40th Ayers Fletcher 581 Pasco County Line Bruce B Downs 78th 581 Harney Orient Madison 581 Legend Mondon Hill Ha yman Bayhead Riverview Gibsonton Wpa Fowler Lake Saint Joe Lakewood Iola Darby 579 Curley Morris Bridge Parsons Kings Boyette Bryan Jessamine Curley Mcintosh Lockhart Valrico Bloomingdale Handcart Croom Rital T rilby Ruffing s pect Pro Eiland Clinton Knights Griffin Dover Fort King Chancey Fritzke Christian Powerline Durant C 20th Central Branch Forbes Turkey Creek River Chancey UV54 Sam Allen Trapnell 39 Auton Messick P a rk Keysville Lithia Pinecrest UV 471 Coronet Old Dade Nichols Fox Branch Ranch Wetland Mitigation Bank City Medulla County Line 676 Walker Kathleen Ewell Duff Galloway 10th Shepherd Nickols 640 Sumter Willis Rockridge 676 Pinecrest Rockridge Daughtery Griffin Ha rden Pipkin Beacon Carter Old Fox Branch Ranch Wetland Mitigation Bank Mitigation Service Area Polk County, Florida Moore Tom Costine Walt Willi ams Bonny Mine Old Polk 540a UV50 Reynolds City Agricola UV 19 Greenpond Saddle Creek Clubhouse M:\Projects\Fox Branch\ERP \Conservation Easement\Exhibit A - Location Map Lake 542 Lyle Scale: UV 50 UV 19 UV 33 Deen Still Van Berkley 565a Fleet UV 559 Fu s sell Main Thornhill As Shown 55 7 A Connersville 80 Foot Dean Still 557 Pierce 7 Snively Cox th 4 Polk Ci Alturas Murphy ty Old Dixie Miles Date: 08/05/2016 Murphy

9 EXHIBIT B [LEGAL DESCRIPTION AND SKETCH OF CONSERVATION EASEMENT AREA] Form (13) Deed of Conservation Easement Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph (6)(f), F.A.C. (October 1, 2013) Page 10 of 11

10 A parcel of land in Sections 14, 23, 24, 25 & 26, Township 26 South, Range 22 East, and Section 30, Township 26 South, Range 23 East, Polk County, Florida, described as follows; Commence at the northwest corner of said Section 14; thence S 00 22'08" W along the west line of said Section 14 a distance of feet to the Point of Beginning; thence S 89 34'55" E a distance of feet; thence S 27 31'45" E a distance of feet to the beginning of a curve concave to the west and having a radius of feet; thence along said curve to the right through a central angle of 40 44'14", an arc distance of feet (Chord Bearing = S 07 09'38" E, Chord = feet); thence S 13 12'29" W a distance of feet to the beginning of a curve concave to the northeast and having a radius of feet; thence along said curve to the left, through a central angle of 79 35'46", an arc distance of feet (Chord Bearing = S 26 35'24" E, Chord = feet); thence S 66 23'17" E a distance of feet to the beginning of a curve concave to the southwest and having a radius of feet; thence along said curve to the right, through a central angle of 53 38'38", an arc distance of feet, (Chord Bearing = S 39 33'58" E, Chord = feet; thence S 12 44'39" E a distance of feet; thence S 75 07'17" E a distance of feet; thence N 62 45'49" E a distance of feet; thence N 68 27'13" E a distance of feet; thence N 73 04'00" E a distance of feet; thence S 88 42'58" E a distance of feet; thence N 56 12'15" E a distance of feet; thence N 62 35'53" E a distance of feet; thence N 84 53'22" E a distance of feet; thence N 76 38'46" E a distance of feet to the beginning of a curve concave to the south and having a radius of feet; thence along said curve to the right, through a central angle of 42 01'51", an arc distance of feet, (Chord Bearing = S 82 20'19" E, Chord = feet); thence S 61 19'23" E a distance of feet to the beginning of a curve concave to the southwest and having a radius of feet; thence along said curve to the right, through a central angle of 52 47'51", an arc distance of feet, (Chord Bearing = S 34 55'28" E, Chord=66.69 feet);thence S 08 31'32" E a distance of feet; thence S 00 12'41" W a distance of feet; thence S 10 54'01" E a distance of feet; thence S 01 36'35" W a distance of feet; thence S 28 29'37" E a distance of feet; thence S 08 34'32" E a distance of feet; thence S 40 43'28" E a distance of feet; thence S 21 09'44" E a distance of feet; thence S 06 28'05" E a distance of feet; thence S 14 55'42" W a distance of feet; thence S 62 44'34" E a distance of feet to the beginning of a curve concave to the west and having a radius of feet; thence along said curve to the right, through a central angle of 39 27'43", an arc distance of feet, (Chord Bearing = S 43 00'43" E, Chord = feet); thence S 23 16'51" E a distance of feet; thence S 39 51'09" E a distance of feet; thence S 55 54'37" E a distance of feet; thence S 79 58'27" E a distance of feet; thence S 75 38'21" E a distance of feet; thence S 29 07'47" E a distance of

11 97.54 feet; thence S 68 29'36" E a distance of feet; thence N 72 07'25" E a distance of feet; thence S 47 36'11" E a distance of feet; thence S 67 31'47" E a distance of feet; thence S 32 59'55" E a distance of feet to the beginning of a curve concave to the west and having a radius of feet; thence along said curve to the right, through a central angle of '22", an arc distance of feet, (Chord Bearing = S 20 59'46" W, Chord = feet); thence S 74 59'27" W a distance of feet to the beginning of a curve concave to the east and having a radius of feet; thence along said curve to the left, through a central angle of '00", an arc distance of feet, (Chord Bearing = S 13 02'57" W, Chord = feet); thence S 48 53'33" E a distance of feet; thence S 34 59'20" E a distance of feet; thence S 24 32'58" E a distance of feet; thence S 09 24'38" W a distance of feet; thence S 09 58'40" E a distance of feet to the beginning of a curve concave to the northeast and having a radius of feet; thence along said curve to the left, through a central angle of 73 20'52", an arc distance of feet, (Chord Bearing = S 46 39'06" E, Chord = feet); thence S 83 19'32" E a distance of feet; thence S 66 25'57" E a distance of feet; thence S 45 21'27" E a distance of feet to the beginning of a curve concave to the northeast and having a radius of feet; thence along said curve to the left, through a central angle of 45 16'53", an arc distance of feet, (Chord Bearing = S 67 59'53" E, Chord = feet); thence N 89 21'41" E a distance of feet; thence S 82 34'53" E a distance of feet; thence S 52 38'43" E a distance of feet; thence S 67 50'55" E a distance of feet; thence S 52 04'15" E a distance of feet; thence S 60 04'33" E a distance of feet; thence S 42 36'58" E a distance of feet to the beginning of a curve concave to the west and having a radius of feet; thence along said curve to the right, through a central angle of 53 08'11", an arc distance of feet, (Chord Bearing = S 16 02'52" E, Chord = feet); thence S 10 31'14" W a distance of feet; thence S 26 55'55" E a distance of feet; thence S 07 59'08" E a distance of feet; thence S 25 29'55" E a distance of feet; thence S 52 52'06" E a distance of feet; thence N 53 05'15" E a distance of feet; thence N 71 16'26" E a distance of feet; thence S 55 00'38" E a distance of feet; thence S 69 10'05" E a distance of feet; thence S 37 51'08" E a distance of feet; thence S 62 48'15" E a distance of feet; thence S 34 28'41" E a distance of feet; thence S 26 37'27" E a distance of feet; thence S 19 12'36" E a distance of feet; thence S 25 20'53" E a distance of feet; thence S 36 29'47" E a distance of feet; thence S 20 04'32" E a distance of feet; thence S 06 00'50" W a distance of feet; thence S 25 04'07" E a distance of feet; thence S 26 21'33" W a distance of feet; thence S 06 57'42" W a distance of feet; thence S 09 38'43" E a distance of feet; thence S 00 07'48" W a distance of feet; thence S 12 10'45" W a distance of feet; thence S 01 55'22" E a distance of feet; thence S 11 39'47" W a distance of

12 feet; thence S 04 15'07" E a distance of feet; thence S 19 36'44" W a distance of feet; thence S 28 43'07" W a distance of feet; thence N 82 00'04" E a distance of feet; thence N 89 33'48" E a distance of feet; thence N 78 10'44" E a distance of feet; thence N 76 04'04" E a distance of feet; thence N 61 40'26" E a distance of feet; thence N 68 00'55" E a distance of feet; thence N 73 22'27" E a distance of feet; thence N 81 11'07" E a distance of feet; thence N 90 00'00" E a distance of feet to a point on the east line of the northwest quarter of said Section 30; thence S 00 04'39" W along said east line a distance of feet to the southeast corner of the northwest quarter of said Section 30; thence S 89 47'53" W along the south line of said northwest quarter a distance of feet to the northeast corner of the west half of the southwest quarter of said Section 30; thence S 00 06'11" W along the east line of said west half a distance of feet; thence S 89 53'38" W a distance of feet; thence North 55 27'37" West a distance of feet; thence North 53 21'15" West a distance of 1, feet; thence North 49 10'55" West a distance of 1, feet; thence North 57 36'03" West a distance of 2, feet; thence North 66 24'21" West a distance of feet; thence North 60 11'06" West a distance of feet; thence North 52 26'47" West a distance of feet; thence North 44 06'47" West a distance of feet; thence North 46 19'26" West a distance of feet; thence North 40 31'52" West a distance of feet; thence North 36 50'04" West a distance of feet; thence North 41 34'37" West a distance of feet; thence North 03 18'05" West a distance of feet; thence N 11 43'36" W a distance of feet to the beginning of a curve concave to the west and having a radius of feet; thence along said curve to the left, through a central angle of 32 03'14", an arc distance of feet, (Chord Bearing = N 27 45'13" W, Chord = feet); thence N 43 46'50" W a distance of feet to the beginning of a curve concave to the east and having a radius of feet; thence along said curve to the right, through a central angle of 48 39'38", an arc distance of feet, (Chord Bearing = N 19 27'01" W, Chord = feet); thence N 04 52'48" E a distance of feet; thence N 17 51'43" W a distance of feet; thence N 16 01'18" E a distance of feet; thence N 33 42'07" E a distance of feet; thence N 24 36'29" E a distance of feet; thence N 35 02'48" E a distance of feet; thence N 55 40'06" E a distance of feet; thence N 43 22'51" E a distance of feet; thence N 59 26'55" E a distance of feet; thence N 77 46'15" E a distance of feet; thence N 00 14'05" W a distance of feet; thence S 89 45'55" W a distance of feet; thence N 00 14'05" W a distance of feet; thence S 89 45'55" W a distance of feet; thence N 00 14'05" W a distance of feet; thence N 48 06'32" E a distance of feet; thence N 30 51'20" E a distance of feet; thence N 01 04'58" W a distance of feet; thence N 07 50'37" E a distance of feet; thence N 16 38'49" W a distance of feet; thence N 23 57'14" W a distance of feet; thence N 89 42'32" W a distance of

13 feet; thence N 45 02'23" E a distance of feet; thence N 35 47'56" W a distance of feet to the beginning of a curve concave to the northeast and having a radius of feet; thence along said curve to the right, through a central angle of 37 41'45", an arc distance of feet, (Chord Bearing = N 16 57'03" W, Chord = feet); thence N 12 25'46" W a distance of feet; thence N 43 59'15" W a distance of feet; thence N 33 48'17" W a distance of feet to the beginning of a curve concave to the east and having a radius of feet; thence along said curve to the right, through a central angle of 57 08'34", an arc distance of feet, (Chord Bearing = N 05 14'00" W, Chord = feet); thence N 23 20'17" E a distance of feet; thence N 43 35'28" E a distance of feet; thence N 40 49'38" W a distance of feet; thence N 11 10'58" W a distance of feet; thence N 41 31'59" W a distance of feet to the beginning of a curve concave to the northeast and having a radius of feet; thence along said curve to the right, through a central angle of 36 03'25", an arc distance of feet, (Chord Bearing = N 23 09'34" W, Chord = feet); thence N 53 22'33" W a distance of feet; thence N 89 56'03" W a distance of feet to the west line of said Section 14; thence N 00 22'08" E along said west line a distance of feet to the Point of Beginning.

14 UNRECORDED RANCHO BONITO SECTION 14 SHEET 2 OLD DADE CITY ROAD SECTION 23 SHEET 3 SECTION 24 CARLTON ROAD CSX RAILROAD SECTION 26 SHEET 4 SECTION 25 SECTION 30 SHEET 5 PARCEL CONTAINS ACRES

15 Unrecorded Rancho Bonito 14 Section 14 Township 26 South Range 22 East matchline "A" SEE SHEET

16 SEE SHEET 2 matchline "A" Section 24 Township 26 South Range 22 East Section 23 Township 26 South Range 22 East matchline "B" SEE SHEET 4

17 SEE SHEET Section 26 Township 26 South Range 22 East SEE SHEET matchline "B" RANGE 23 E 23 RANGE 22 E 22 Section 25 Township 26 South Range 22 East

18 RANGE 23 E SEE SHEET 4 RANGE 22 E NW 1/4 Section 30 Township 26 South Range 23 East W 1/2 SW 1/4 E 1/2 SW 1/

19 EXHIBIT C [MANAGEMENT PLAN OR INTENTIONALLY LEFT BLANK ] Form (13) Deed of Conservation Easement Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph (6)(f), F.A.C. (October 1, 2013) Page 11 of 11