HomeMy WebLinkAboutSJRWMD-COCC - Deed of Conservation Easement - Recorded 10-22-2018Prepared by:
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, Florida 32920
Return original or certified recorded document to:
St. Johns River Water Management District
4049 Reid Street
CFN2018235893,0R BK 8290 PAGE 2140
Recorded 10/22/2018 at 11 :01 AM, Scott Ellis, Clerk of '
Courts, Brevard County
# Pgs:16
Palatka, FL 32177
Deed of Conservation Easement
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this day
of , 2018, by the City of Cape Canaveral ("Grantor") whose mailing address is P.O. Box 326, Cape
Canaveral, Florida 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 depicted on the location map in Exhibit "A" attached hereto and incorporated herein (the
"Property"); and
WHEREAS, a Florida Department of Transportation roadway project ("Roadway Project") involving
the State Road 528 expansion to six lanes from State Road 3 to George King Boulevard (project numbers
407 402-3 and 407 402-4) will require a permit to be issued by the Grantee and/or the United States Army Corps
of Engineers; and
WHEREAS, the Roadway Project will involve certain activities which could affect wetlands or other
surface waters in or of the State of Florida; and
WHEREAS, pursuant to section 373.4137, Florida Statutes (F.S.), the Grantor and Grantee have
entered into a Participation Agreement, dated September 12, 2018 ("Participation Agreement"), to provide for
some of the mitigatio.n which will be required for the Roadway Project; and
WHEREAS, the Grantor, in consideration of the Participation Agreement 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, F.S., over the area of the Property described on Exhibit
"B" ("Conservation Easement Area"); and
WHEREAS, Grantor grants this Conservation Easement 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
enhanced, restored, or created condition; and
NOW, THEREFORE, in consideration of the Participation Agreement, 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
Q -. . .
Form 62-330.301(10) -Deed of Conservation Easement -Passive Recreational Uses
Incorporated by reference in paragraph 62-330.301 (6)(c), F.A.C. (June 1, 2018)
[Revised to specify SJRWMD] Page 1 of 9
"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 areas
included in this Conservation Easement which are to be preserved, enhanced, restored, or created pursuant
to the Participation Agreement 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 Participation Agreement and Management Plan (or
any modification thereto).
The restoration and enhancement of this land was made possible in part by mitigation funds from the Florida
Department of Transportation pursuant to section 373.4137, F.S. The intent of the mitigation is for the land to
be managed for conservation purposes in perpetuity. Any sale, transfer, remise, release or other conveyance
of ownership of said land will require modification of the St. Johns River Water Management District and U.S.
Army Corps of Engineers permits for the original Roadway Project and may necessitate that additional
alternative mitigation be provided. The permit numbers that relate to this land are as follows: FOOT project
number , District permit No. and U.S. Army Corps of Engineers permit No.
To carry out this purpose, the following rights are conveyed to Grantee by this Conservation 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
Conservation 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 Participation
Agreement and Management Plan (or any modification thereto) (which may include restoration, creation,
enhancement, maintenance, monitoring activities, or surface water management improvements) 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 (1) a boardwalk and observation
platforms and (2) bat and bird houses as specifically described in Paragraph 4;
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 to property is authorized;
Form 62-330.301(10)-Deed of Conservation Easement-Passive Recreational Uses
Incorporated by reference in paragraph 62-330.301(6)(c), F.A.C. (June 1, 2018) Page 2 of 9
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 Participation Agreement 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;
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
Participation Agreement (or any modification thereto), Management Plan , or the intent and purposes of this
Conservation Easement. The Grantor specifically reserves the right to engage or permit passive
recreational uses that are not contrary to the purpose of this Conservation Easement. Specificallt, the
following may be constructed:
a. A boardwalk of no greater than six feet in width from the east side to the west side of the
Conservation Easement Area;
b. A boardwalk of no greater than six feet in width from the south side to the north side of the
Conservation Easement Area along the western (river) edge;
c. Up to four observation platforms of no greater than ten feet in width along the western
(river) end of the Conservation Easement Area; and
d. Installation of up to 25 bat and/or bird houses on poles up to 40 feet in height at unspecified
locations throughout the conservation area.
This Conservation Easement shall not constitute authorization for the construction, installation, or operation
of the passive recreational facilities. Any such work shall be subject to all applicable federal , state , St. Johns
River Water Management District, and local permitting requirements. Such facilities and improvements shall
be constructed , installed, and maintained utilizing Best Management Practices. Grantor may conduct
limited vegetation removal but only to the extent necessary to construct or install the boardwalks, mulched
walking trails, observation platforms, or other pervious or pile supported structures which have been
approved in advance in the Participation Agreement (including any modification thereto) or Management
Plan. Grantor shall minimize and avoid to the fullest extent possible, impact to any wetland or upland buffer
Form 62-330.301(10)-Deed of Conservation Easement-Passive Recreational Uses
Incorporated by reference in paragraph 62-330.301 (6)(c), F .A.C. (June 1, 2018) Page 3 of 9
areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural
surface water flow in such area.
Adequate containers for litter disposal shall be situated adjacent to such facilities and improvements and
periodic inspections shall be instituted by the maintenance entity, to clean any litter from the area
surrounding the facilities and improvements.
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 Sections 704.06(10) and
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 Brevard County, Florida.
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.
Form 62-330.301(10)-Deed of Conservation Easement-Passive Recreational Uses
Incorporated by reference in paragraph 62-330.301(6)(c), F.A.C. (June 1, 2018) Page 4 of 9
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, the City of Cape Canaveral ("Grantor'') has hereunto set its authorized hand
this 18th day of Oct., 2018.
City of Cape Canaveral
By: ()Cvyf "1 H~
(Signature)
Name: David L. Greene
(Print)
Title: City Manager
(Print)
ered in our presence as witnesses:
By: ~~ C ~ C) ?fJ=
(Signature) (S~ure)
Name L l \<2 .J..,):J Name: ~ACrJ h.. , P~'"r==:1:-
(Print) (Print)
ST ATE OF FLORIDA
COUNTY OF __ B_R_E_V_A_RD ____ _
On this 18th day of OCTOBER , 20~, before me, the undersigned notary public,
personally appeared David T, Greene , the person who subscribed to
the foregoing instrument, as the City Manager (title), ofThe City of Cape Canaveral
______ K] (corporation), a Florida corporation, or D ----------------
___ (choose one) and acknowledged that he/she executed the same on behalf of said D corporation,
or D (choose one) and that he/she was duly authorized to do so. He/She is
personally known to me or has produced a n/ a (state) driver's license
as identification.
Form 62-330.301 (10)-Deed of Conservation Easement -Passive Recreational Uses
Incorporated by reference in paragraph 62-330.301(6)(c), F.A.C. (June 1, 2018) Page 5 of 9
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
MIA GOFORTH
(Name)
My Commission Expires: 05/16/2021
S Mia Goforth
NOTARY PUBLIC ~ STATE OF FLORIDA
z ~ Comm# GG083783
WcE '91 Expires 5/16/2021
Form 62-330.301(10) -Deed of Conservation Easement -Passive Recreational Uses
Incorporated by reference in paragraph 62-330.301 (6)(c), F .A.C. (June 1, 2018) Page 6 of 9
EXHIBIT A
{LOCATION MAP]
Form 62-330.301(10) -Deed of Conservation Easement -Passive Recreational Uses
Incorporated by reference in paragraph 62-330.301 (6)(c), F .A.C. (June 1, 2018) Page 7 of 9
Project Location
EXHIBIT B
[LEGAL DESCRIPTION AND SKETCH OF CONSERVATION EASEMENT AREA]
Form 62-330.301 (10) -Deed of Conservation Easement -Passive Recreational Uses
Incorporated by reference in paragraph 62-330.301(6)(c), F.A.C. (June 1, 2018) Page 8 of 9
• 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
------
POINT-OF-COMMENCEMENT
NORTHEAST CORNER OF SEC.
N 89"27'20" W
'\__ NORTH ~INE SECTION 22
14
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"COLUMBIAD PLAZA SUBDIVISION"
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N 89°27'20" W
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SQUARE FEET
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IDENTIFICATION
SECTION
NOTES:
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SEE SHEET 2 OF 2 FOR
DESCRIPTION, NOTES AND
CERTIFICATE.
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Sec.: 22 A SKETCH AND DESCRIPTION PREPARED FOR: Date : 10/3/18
Twp.: 24 South
Rng.: 37 East
Dsn. by :-
Drn. by : JCC
Chk. by :JBC
CITY OF CAPE CANAVERAL Scale : 1"=200'
BREVARD COUNTY FLORIDA P.N. : 407901
Sheet No. T Bussen -mayer Eng1neer1ng GroupA
100 PARNELL STREET • MERRITT ISLAND, FLORIDA 32953
PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6685
of
2
\ .....
DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF LANDS AS DESCRIBED IN O.R. BOOK 2279, PAGE
767 BREVARD COUNTY PUBLIC RECORDS AND LYING IN THE NORTHEAST I/4 OF SECTION
22, TOWNSHIP 24 SOUTH, RANGE 37 EAST AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 22; THENCE S.00'30'0l'W . ALONG THE
EAST LINE OF SAID SECTION 22, A DISTANCE OF 356 FEET TO THE SOUTHEAST CORNER OF LOT 18
COLUMRIAD PLAZA SUBDIVISION AS RECORDED IN PLAT ROOK 18 PAGE 9 OF THE BREVARD
COUNTY PUBLIC RECORDS; THENCE N.89'27'20'W. ALONG THE SOUTH LINE OF SAID LOT 18 AND
COLUMBIAD PLAZA SUBDIVISION, A DISTANCE OF 1228.14 FEET TO THE POINT -OF-BEGINNING OF
THIS DESCRIPTION; THENCE CONTINUE N.89'27'20'W ., A DISTANCE OF 554 FEET TO AND INTO THE
WATERS OF THE BANANA RIVER; THENCE MEANDERING THE SHORELINE OF SAID BANANA RIVER,
SOUTHERLY A DISTANCE OF 357 FEET MORE OR LESS TO A POINT LYING 356.95 FEET SOUTH OF, BY
RIGHT A GLE MEASUREMENT, THE FIRST COURSE OF THIS DESCRIPTION, SAID POINT ALSO BEING
ON THE SOUTH LINE OF SAID LANDS AS DESCRIBED IN O.R. BOOK 2279 PAGE 767 AND THE SOUTH LINE
OF LANDS AS DESCRIBED IN DEED BOOK 337 PAGE 233 OF SAID PUBLIC RECORDS; THENCE S.89'27'20'E.,
ALONG SAID SOUTH LINES, A DISTANCE OF 532 FEET MORE OR LESS TO A POINT LYING 588.14 FEET
WEST OF THE SOUTHEAST CORNER OF SAID LANDS AS DESCRIBED IN O.R. BOOK 2279 PAGE 767;
THENCE N.00'32'40'W., PARALLEL WITH AND 588.14 FEET WEST OF THE EAST LINE OF SAID LANDS, A
DISTANCE OF 356.95 FEET TO THE POINT-OF-BEGINNING.
CONTAINING 4.30 ACRES MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR
RIGHTS-OF-WAYS OF RECORD AND THE FINDINGS OF AV AUD SURVEY.
NOTES:
1. BEARINGS SHOWN HEREON ARE ASSUMED BASED ON THE SOUTH LINE OF THE PLAT OF
COLUMBIAD PLAZA SUBDIVISION AS RECORDED IN PLAT BOOK 18 PAGE 9 OF BREVARD
COUNTY PUBLIC RECORDS; BEING S.89'27'20"E.
2. THIS IS NOT A BOUNDARY SURVEY.
3. SEE SHEET 1 OF 2 FOR SKETCH OF DESCRIPTION.
4. THIS SKETCH AND DESCRIPTION IS VALID ONLY WHEN SIGNED AND SEALED WITH A
RAISED EMBOSSED SEAL AND CERTIFIED TO THE PARTIES SHOWN BELOW.
5. THIS SKETCH AND DESCRIPTION IS CERTIFIED CORRECT TO:
CITY OF CAPE CANAVERAL
Date
4524
NO.: 3535
A SKETCH AND DESCRIPTION PREPARED FOR:
CITY OF CAPE CANAVERAL
Date : 10/03/18
Scale : N/A
FLORIDA P.N. : 407901
T Bussen -mayer en91neer1ng GroupA
100 PARNELL STREET • MERRITT ISLAND, FLORIDA 32953
PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6665
Sheet No.
2
of
2
EXHIBIT C
[MANAGEMENT PLAN OR "INTENTIONALLY LEFT BLANK"]
Form 62-330.301(10)-Deed of Conservation Easement-Passive Recreational Uses
Incorporated by reference in paragraph 62-330.301 (6)(c), F .A.C. (June 1, 2018) Page 9 of 9
Exhibit "C"
MANAGEMENT PLAN FOR LONG POINT PARK, SEGMENT 3
The Long Point Park property is an undeveloped parcel owned by the Grantor. The parcel is located
south of Treasure Island Condominiums and Plaza Condominiums, west of single family homes,
north of vacant land owned by River Gardens Condominium Association, Inc. and adjacent to the
Banana River. The parcel encompasses approximately 7.88 acres and is accessed from the terminus
of Long Point Road.
The Grantor will retain the right to operate the approximately 7.88-acre parcel as a park open to
the public in a manner consistent with this Management Plan, Conservation Easement and
best management practices. Specifically, the Grantor reserves unto itself, and its successors and
assigns, all rights, accruing from its ownership of the Long Point Park property, including the right
to engage in, permit or invite others to engage in all uses that are not expressly
prohibited/inconsistent with the purpose of this Conservation Easement. This Management Plan
implements the restoration/enhancement of the westerly property (approximately 3.06 acres)
adjacent to the Banana River ("Segment 3") to at least partially offset future mitigation needs
associated with the widening of State Road 528.
Segment 3 is heavily infested with invasive/exotic species such as Brazilian pepper (Schinus
terebinthifolius), interspersed with some native vegetation. It includes portions of at least two
ditches that were excavated for mosquito control purposes. These ditches traverse the entire
property (approximately 7.88 acres) from east to west and include intermittent connections to the
Banana River. These ditches have adjacent spoil berms that are dominated by Brazilian pepper. The
restoration/enhancement area (approximately 3.06 acres) consists of uplands and wetlands. The
upland portion is classified as Hardwood-Conifer Mixed (FLUCCS-4340; FNAI-Maritime
Hammock). Dominant vegetation within the Maritime Hammock includes live oak (Quercus
virginiana), cabbage palm (Sabal palmetto) and pignut hickory (Carya glabra). Dominant
subcanopy species are red cedar (Juniperus virginiana), American holly (Ilex opaca) and Yaupon
(Jlex vomitoria). The wetland portion is classified as Mangrove Swamp (FLUCCS-6120;
FNAI-Mangrove Swamp). Dominant vegetation within the Mangrove Swamp includes red
mangrove (Rhizophora mangle), black mangrove (Avicennia gerrninans), white mangrove
(Laguncularia racemosa), and buttonwood (Conocarpus erectus). Scattered understory consists of
seaside oxeye (Borrichia frutescens ), gray nicker (Caesalpinia bonduc), and comvme
(Dalbergia ecastaphyllum).
The restoration/enhancement and long-term management of Segment 3 shall be undertaken
as specified in this Management Plan. Compliance with the restoration/enhancement
deliverables described herein shall be undertaken in accordance with the following
requirements as well as the City Deliverables and Timeframes specified in the Participation
Agreement.
1. With reasonable advanced notice, the Grantor shall allow authorized Grantee representatives
access to Segment 3 at reasonable times for determining compliance with the terms of the
Management Plan and the Participation Agreement. The Grantor shall either accompany the
Grantee representatives onto Segment 3 or make provision for access.
2. The Grantor shall implement and maintain all erosion and sediment control measures (best
management practices) required to retain sediment on-site and to prevent violations of state
water quality standards, in accordance with the guidelines and specifications in the Erosion and
Sediment Control Designer and Reviewer Manual (Florida Department of Environmental
Protection and Florida Department of Transportation, June 2007) and the Florida Stormwater
Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental
Protection , Nonpoint Source Management Section, July 2008). Copies of these manuals are
available at www.sjrwmd.com.
3. The Grantor shall complete a Phase 1 Environmental Site Assessment ("ESA") of Segment 3.
4. The Grantor shall complete a vegetative survey of Segment 3 to assess the coverage of
invasive/exotic species as defined by the Florida Exotic Pest Plant Council's 2017 Invasive
Species List.
5. The Grantor shall obtain any necessary Florida Department of Environmental Protection (FDEP)
and USAGE permits or exemptions authorizing the mitigation activities described in this
Management Plan.
6. The Grantor shall remove the invasive/exotic species identified by the vegetative survey.
7. Within ten (10) days of notification by the Grantor, the Grantee shall meet with the Grantor
onsite to confirm the removal of invasive/exotic species and agree on the upland and wetland
planting plan specifications. The planting plan specifications shall be memorialized in writing
by the Grantor and approval acknowledged in writing by the Grantee.
The planting plan specifications for the upland and wetland areas shall include the following
components. The City shall plant the upland areas with live oak (Quercus virginiana), cabbage
palm (Sabal palmetto), pignut hickory (Carya glabra), red cedar (Juniperus virginiana),
American holly (!lex opaca) and Y aupon (flex vomitoria). The wetland areas shall be planted
with appropriate species to be determined upon clearing of invasive/exotic species. Size and
density of upland and wetland plant material shall be determined by availability and coverage
necessary upon removal of invasive/exotic species. Planting material shall be obtained from an
Association of Florida Native Nurseries-approved nursery and shall be guaranteed to be healthy
and free from pests and disease.
8. Within ten (10) days of notification by the Grantor, the Grantee shall inspect Segment 3 to
confirm the planting of native vegetation in uplands and wetlands in accordance with this
Management Plan and the planting plan specifications agreed to by the parties in paragraph #7
above.
9. Monitoring: The Grantor shall monitor the planted area within thirty (30) days after planting
occurs to establish a baseline event, and then annually for five (5) years to ensure the survival of
the planted species. Monitoring will consist of a one hundred percent (100%) stem count of
planted trees to determine percent survivorship. Any native trees five (5) feet tall that naturally
recruit within the restoration area by the end of the five (5)-year monitoring period will also be
tallied. Groundcover succession will be assessed though comparative photographs exposed at
2
fixed photographic stations strategically established across Segment 3. Quantitative monitoring
of groundcover will only become necessary if there is a dispute about whether the success
criterion has been achieved. Site monitoring must be accomplished by September 30 of each
year and submitted to the Grantee by November 1 of that year.
10. The City shall maintain Segment 3 in accordance with the following success criteria:
a. At least eighty percent (80%) of the planted individuals in each stratum have survived
throughout the monitoring period and are showing signs of normal growth, based upon
standard growth parameters such as height and base diameter, or canopy circumference;
b. At least eighty percent (80%) cover by appropriate wetland herbaceous species has been
obtained;
c. If fifty percent (50%) or greater mortality of planted wetland and upland species in any
stratum within Segment 3 of the Property occurs during the monitoring period, the City shall
undertake an immediate replanting/remediation program approved by the Grantee;
d. Coverage of invasive/exotic species, as defined by the Florida Exotic Pest Plant Council's
2017 Invasive Species List, within Segment 3 shall be less than five percent (5%) coverage
in perpetuity. Appropriate methods of control include, but are not limited to, cutting,
mowing, hand removal, chemical treatment, or any combination thereof; and
e. Personnel implementing this work shall be qualified to identify invasive/exotic species and
qualified to recognize locally occurring native species to avoid damage to native species.
Invasive/exotic species removal shall occur in a manner minimizing damage to native
vegetation.
11 . The Grantor shall monitor and maintain Segment 3 in accordance with the success criteria
specified in this Management Plan. Within ten (10) days of notification by the Grantor, the
Grantee shall inspect Segment 3 to confirm success criteria achievement. If success criteria are
not achieved as specified in this Management Plan, the Grantor shall undertake remedial action to
remedy the deficiencies within forty-five (45) days of written notification from the Grantee.
12. The Grantor shall manage Segment 3 for conservation purposes in perpetuity in accordance with
this Management Plan and the Conservation Easement.
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