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Book 9386 Page 841
<br />Instrument# 2019070400
<br />2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their
<br />existing, natural, vegetative, hydrologic, scenic, open_or wooded condition and to retain such areas as suitable
<br />habitat for fish, plants, or wildlife in accordance with Section 704.06, F.S. Those wetland and upland areas
<br />included in this Conservation Easement which are to be preserved, enhanced, restored, or created pursuant
<br />to the Permit (or any modification thereto) and any Management Plan attached hereto as Exhibit "C"
<br />("Management Plan") which has been approved in writing by the Grantee, shall be retained and maintained in
<br />the preserved, enhanced, restored, or created condition required by the Permit (or any modification thereto).
<br />To carry out this purpose, the following rights are conveyed to Grantee by this Conservation Easement:
<br />a. To enter upon the Conservation Easement Area at reasonable times with any
<br />necessary equipment or vehicles to inspect, determine compliance with the covenants and prohibitions
<br />contained in this Conservation Easement, and to enforce the rights herein granted in a manner that will not
<br />unreasonably interfere with the use and quiet enjoyment of the Conservation Easement Area by Grantor at the
<br />time of such entry; and
<br />b. To proceed at law or in equity to enforce the provision of this Conservation
<br />Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities
<br />set forth herein, and to require the restoration of such areas or features of the Conservation Easement Area
<br />that may be damaged by any activity or use that is inconsistent with this Conservation Easement.
<br />3. Prohibited Uses. Except for activities that are permitted or required by the Permit (or any
<br />modification thereto) (which may include restoration, creation, enhancement, maintenance, monitoring
<br />activities, or surface water management improvements) or other activities described herein or in the
<br />Management Plan (if any), any activity on or use of the Conservation Easement Area inconsistent with the
<br />purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the
<br />following activities are expressly prohibited in or on the Conservation Easement Area:
<br />a. Construction or placing of buildings, roads, signs, billboards or other advertising,
<br />utilities, or other structures on or above the ground;
<br />b. . Dumping or placing of soil or other substance or material as landfill, or dumping or
<br />placing of trash,,waste, or unsightly or offensive materials;
<br />C. Removing, destroying or trimming trees, shrubs, or other vegetation, except:
<br />I. The removal of dead trees and shrubs or leaning trees that could cause
<br />damage Iq property is authorized;
<br />ii. The destruction and removal of noxious, nuisance or exotic invasive plant
<br />species as listed on the most recent Florida Exotic Pest Plant Council's List of Invasive Species is authorized;
<br />iii. Activities authorized by the Permit or described in the Management Plan or
<br />otherwise approved in writing by the Grantee are authorized; and
<br />iv. Activities conducted in accordance with a wildfire mitigation plan developed
<br />with the Florida Forest Service that has been approved in writing by the Grantee are authorized. No later than
<br />thirty (30) days before commencing any activities to implement the approved wildfire mitigation plan, Grantor
<br />shall notify the Grantee in writing of its intent to commence such activities. All such activities may only be
<br />r completed during the time period for which the Grantee approved the plan;
<br />d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
<br />substance in such manner as to affect the surface;
<br />e. Surface use except for purposes that permit the land or water area to remain in its
<br />natural, restored, enhanced, or created condition;
<br />f. Activities detrimental to drainage, flood control, water conservation, erosion control,
<br />soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking, clearing,
<br />and fencing;
<br />g. Acts or uses detrimental to such aforementioned retention of land or water areas; and
<br />Form 62-330.301(8) — Deed of Conservation Easement - Standard
<br />Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (June 1, 2018)
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