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If the impacts to an upland within a Riparian Habitat Protection Zone or to a wetland or surface water for which mitigation is required will occur in discrete phases , the areas to be preserved to offset such impacts maybe placed under conservation easement in phases such that-impacts are offset- during each phase . Such phasing of preservation shall only occur if it has beenproposed in the mitigation plan and approved by the permit; or if it is approved in writing by the District . A surveyor's sketch and legal description of the area to be placed under conservation easement during each phase must be submitted in accordance with the previous paragraph . Recording of Conservation Easement Prior to ( 1 ) dredging , filling , or clearing any wetland or surface water for which mitigation is required , (2 ) clearing any upland within a Riparian Habitat Protection Zone for which mitigation is required , ( 3) the sale of any lot or parcel , (4) the recording of the subdivision plat , or ( 5 ) use of the infrastructure for its intended use , whichever occurs first , the permittee shall record a conservation easement which shall include restrictions on the real property pursuant to section 704 .06 , Florida Statutes , and be consistent with section 12 . 3 . 8 , Applicant' s Handbook, Management and Storage of Surface Waters (April 10 , 2002) . The conservation easement shall be in the form approved in writing by the District and , if no plat has been submitted , the easement shall include the approved legal description and surveyor' s sketch . If the District does not approve the preliminary plat or surveyor' s sketch and legal description within 45 days of receipt, then the permittee may record the conservation easement with the legal description and surveyor' s sketch or plat reference previously submitted. Pursuant to section 704 .06 , Florida Statutes , the conservation easement shall prohibit all construction , including clearing , dredging , or filling , except that which is specifically authorized by 'this permit, within the mitigation areas delineated on the final plans and/or mitigation proposal approved by the District. The easement -must contain the provisions set forth in paragraphs 1- (a) - (h ) of . section 704. 06 , Florida Statutes , as well as provisions indicating that the easement may be enforced by the District, and may not be amended without written District approval . Additional Documents Required The permittee shall ensure that the conservation easement identifies , and is executed by, the correct grantor, who must hold sufficient record title to the land encumbered by the easement. If the easement' s grantor is a partnership , the partnership shall provide to the District a partnership affidavit stating that the person executing the conservation easement has the legal authority to convey an interest in the partnership land . If there exist any mortgages on the land , the permittee shall also have each mortgagee execute a consent and jetnder of mortgagee subordinating the mortgage to the conservation easement. The consent and joinder of the mortgagee shall be recorded simultaneously with the conservation easement in the public records of the county where the land is located . Within 30 days of recording , the permittee shall provide the District with : ( a) °the original recorded easement ( including exhibits ) showing the date it was recorded and the official records book and page number , ( b) a copy of the recorded plat ( if applicable) , ( c) a surveyor' s sketch of the easement area plotted on the appropriate USGS topographic map , and (d ) the original recorded consent and joinder(s) of mortgagee ( if applicable) .