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MASTER DECLATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
GRAND HAVEN
ARTICLE V – CONSERVATION EASEMENTS
Section 5.1 – Wetland Conservation Easement Areas. The Wetland Conservation Easement Areas shall and are hereby declared to be subject to a Wetland Conservation Deed Restriction pursuant to Section 704.06, Florida Statutes, in favor of the St. Johns River Water Management District, the Association and their respective successors and assigns, for the purpose of retaining and maintaining the Wetland Conservation Easement Areas in their predominantly natural condition as a water recharge, detention and percolation and environmental conservation area including natural upland buffers. In furtherance of this conservation deed restriction, all of the following uses of the Wetland Conservation Easement Areas are hereby prohibited and restricted without the prior written consent of the St. Johns River Water Management District, to wit:
5.1(a) The construction, installation, or placement of signs, buildings, fences, walls, roads, or any other structures and improvements on or above the ground of the Wetland Conservation Easement Areas; and
5.1(b) The dumping or placing of soil or other substances or materials as landfill or the dumping or placing of trash, waste, or unsightly or offensive materials; and
5.1(c) The removal or destruction of trees, shrubs, or other vegetation from the Wetland Conservation Easement Areas; and
51(d) The excavation, dredging, or removal of loam, peat, gravel, rock, soil, or other material substance in such a manner as to affect the surface of the Wetland Conservation Easement Areas; and
5.1(e) Surface use, except for purposes that permit the land or water area to remain in predominantly natural condition; and
5.1(f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; and
5.1(g) Acts or uses detrimental to such retention of land or water areas.
The Wetland Conservation Easement Areas hereby created and declared shall be perpetual.
The Developer, the St. Johns River water Management District, and their successors and assigns, shall have the right to enter upon the Wetland Conservation Easement Areas at all reasonable times and in a reasonable manner, to assure compliance with the aforesaid prohibitions and restrictions.
The Developer, the Association, and all subsequent owners of the Wetland Conservation Easement Areas shall be responsible for the periodic removal of trash and other debris which may accumulate on such Wetland Conservation Easement Areas.
The south one hundred feet (100’) of Tracts D and H, as set forth on the plat of Grand Haven, shall be subject to a public easement dedicated to Brevard County, Florida allowing for the placement of a meandering fourteen foot (14’) wide pedestrian walkway. Such easement shall provide that the walkway shall be elevated on pilings without the use of fill where traversing any existing or manmade wetlands and that permitting for the walkway shall be coordinated with the St. Johns River Water Management District and all other governmental agencies having jurisdiction over such activities.
All manmade wetland areas shall be subject to a fifteen foot (15’) maintenance berm easement, as shown on the plat of Grand Haven, in favor of the Developer, the Association, the St. Johns River Water Management District, and their successors and assigns. Such maintenance berm easement shall provide for access to the wetland creation areas to allow for proper maintenance of such wet lands in accordance with approved construction plans.
Where ever the Wetland Conservation Easement Areas abuts a platted Lot, as set forth on a recorded subdivision plat, the Wetlands Conservation Easement Areas shall be subject to a six foot (6’) backslope easement along its boundary for placement and maintenance of fill for the purpose of sloping the finished lot grade at the property line to the natural grade of the Wetland Conservation Easement Areas in accordance with approved construction plans.
No owner of any Lot abutting the Wetlands Conservation Easement Area shall apply, or permit the application of, any fertilizer or other chemical applications, including, without limitation, pesticides, to any portion of such Lots lying within thirty feet (30’) of the Wetlands Conservation Easement Area.
The prohibitions and restrictions upon the Wetland Conservation Easement Areas as set forth in this Section may be enforced by the St. Johns River Water Management District or the Department of Environmental Protection by proceedings at law or in equity including, without limitation, actions for injunctive relieve. The provisions hereof relating to the Wetland Conservation Easement Areas and the restrictions imposed hereby may not be amended without prior approval from the St. Johns River Water Management District.
All rights and obligations arising hereunder are appurtenances and covenants running with the Wetland Conservation Easement Areas, and shall be binding upon, and shall inure to the benefit of the Developer, the St. Johns River Water Management District, and to their successors and assigns. Upon conveyance by the Developer to third parties (including the Association) of any land affected by this restriction, the Developer shall have no further liability or responsibility hereunder, provided the deed restriction covering the Wetland Conservation Easement Areas is properly recorded.
Section 5.2 – Sandhill Crane Conservation Easement Areas. The Sandhill Crane Conservation Easement Areas shall and are hereby declared to be subject to a Sandhill Crane Conservation Deed Restriction pursuant to Section 704.06, Florida Statues, in favor of the St. Johns River Water Management District and its successors and assigns, for the purpose of retaining and maintaining the Sandhill Crane nesting and foraging, wooded upland buffers, wooded water recharge, detention and percolation and environmental conservation areas. These Sandhill Crane Conservation Easement Areas shall be maintained in accordance with the Sandhill Crane Management Plan. In furtherance of this Sandhill Crane Conservation Easement, all of the following uses of the Sandhill Crane Conservation Easement Areas are hereby prohibited and restricted without the prior written consent of the St. Johns River Water management District, to wit:
5.2(a) The construction, installation, or placement of signs, building, fences, walls, roads, or any other structures and improvements on or above the ground of the Sandhill Crane Conservation Easement Areas; and
5.2(b) The dumping or placing of soil or other substances or materials as landfill or the dumping or placing of trash, waste, or unsightly or offensive materials; and
5.2(c) The removal or destruction of trees, shrubs, or other vegetation from the Sandhill Crane Conservation Areas; and
5.2(d) The excavation, dredging, or removal of loam, peat, gravel, rock, soil, or other material substance in such a manner as to affect the surface of the Sandhill Crane Conservation Easement Areas; and
5.2(e) Surface use, except for purposes that permit the land or water area to remain in predominantly natural condition; and
5.2(f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; and
5.2(g) Acts or uses detrimental to such retention of land or water areas.
The Sandhill Crane Conservation Easement Areas hereby created and declared shall be perpetual.
The Developer, the St. Johns River Water Management District, and their successors and assigns, shall have the right to enter upon the Sandhill Crane Conservation Easement Areas at all reasonable times and in a reasonable manner, to assure compliance with the aforesaid prohibitions and restrictions.
The Developer, the Association, and all subsequent owners of the Sandhill Crane Conservation Easement Areas shall be responsible for the periodic removal of trash and other debris which may accumulate on such Sandhill Crane Conservation Easement Areas.
The Association shall be responsible for maintaining the Sandhill Crane Conservation Easement Areas in accordance with the Sandhill Crane Management Plan.
Where ever the Sandhill Crane Conservation Easement Areas abuts a platted Lot, ass set forth on a recorded subdivision plat, the Sandhill Crane Conservation Easement Areas shall be subject to a six foot (6’) backslope easement along its boundary for placement and maintenance of fill for the purpose of sloping the finished lot grade at the property line to the natural grade of the Wetland Conservation Easement Areas in accordance with approved construction plans.
No owner of any Lot abutting the Sandhill Crane Conservation Easement Area shall apply, or permit the application of, any fertilizer or other chemical applications, including, without limitations, pesticides, to any portion of such Lot lying within thirty feet (30’) of the Sandhill Crane Conservation Easement Area.
The prohibitions and restrictions upon the Sandhill Crane Conservation Easement Areas as set forth in this Section may be enforced by the St. Johns River Water Management District by proceedings at law or in equity including, without limitation, actions for injunctive relieve. The provisions hereof relating to the Sandhill Crane Conservation Easement Areas and the restrictions imposed hereby may not be amended without prior approval from the St. Johns River Water Management District.
All rights and obligations arising hereunder are appurtenances and covenants running with the Sandhill Crane Conservation Easement Areas, and shall be binding upon, and shall inure to the benefit of the Developer, the St. Johns River Water Management District and to their successors and assigns. Upon conveyance by the Developer to third parties (including the Association) of any land affected by this restriction, the Developer shall have no further liability or responsibility hereunder, provided the deed restriction covering the Sandhill Crane Conservation Easement Areas is properly recorded.
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