2008-342D - Laserfiche WebLink

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Demarcation of Conservation Easement Area Prior to lot or parcel sales, all changes in _direction of the easement area boundaries must be permanently monumented above ground on the project site. .t 48. This permit requires the recording of a conservation easement for the off-site mitigation area. Description of Conservation Easement Area The .permittee shall provide to the District for review and written approval a copy of: (a) the preliminary plat showing the area to be encumbered by the conservation easement, or (b) a surveyor's sketch and legal description of the area to be placed under the conservation easement, per the approved mitigation plan, at least 45 days, prior to commencing construction. Recording of Conservation Easement. Prior to commencing construction, 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 joinder 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 landois 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 OSGS topographic map, and (d) the original recorded consent and joinder(s) of mortgagee (if applicable).