MARTIN COUNTY, FLORIDA
TO: Joe Banfi DATE: December 3, 2008
Growth Management Department
FROM: Krista A. Storey
Senior Assistant County Attorney
SUBJECT: Prism Business Park Plat
Due to the number of outstanding issues, additional comments should be expected during
the resubmittal review.
1. The legal description attached to the draft Unity of Title must be consistent with
the master/final site plan and the plat.
2. A draft copy of the Declaration of Covenants and Restrictions ofr Prism Business
Park Owners Association, Inc., must be submitted for review.
3. The name of the homeowners association within its seal area for the Prism Business
Park Homeowners Association, Inc., is not consistent with the reference in the
dedications to the name Prism Business Park Owners Association, Inc.
4. The streets must be designated as private.
5. There is a dedication for a Water Retention Tract but there is no such Tract
depicted on the plat.
6. There is no dedication for the Drainage & Utility Easements (D.U.E.).
7. There is a dedication for drainage easements but there are no drainage easements
depicted on the plat.
8. There is a dedication for utility easements but there are no utility easements
depicted on the plat.
9. Sec. 4.343.A.13., Land Development Regulations, Martin County Code, requires a
note on the plat if are constructed lakes. The note is as follows:
“It shall be unlawful to alter the approved slopes, contours, or cross sections or to
chemically mechanically, or manually remove, damage, or destroy any plants in
the littoral or upland transition zone buffer areas of constructed lakes except
upon the written approval of the Growth Management Director, as applicable. It
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is the responsibility of the owner or property owners association, its successors
or assigns to maintain the required survivorship and coverage of the reclaimed
upland and planted littoral and upland transition areas and to ensure on-going
removal of prohibited and invasive non-native plant species from these areas.”
10. Pursuant to Sec. 177.091(28), Florida Statutes, Dedication 4, Utility Easements,
must be revised as follows:
“The utility easements shown on this plat of Prism Business Park may be used
for utility purposes by any utility in compliance with such ordinances and
regulations as may be adopted from time to time by the Board of County
Commissioners of Martin County, Florida. Such easements shall also be
easements for the construction, installation, maintenance, and operation of cable
television services; provided, however, no such construction, installation,
maintenance, and operation of cable television services shall interfere with the
facilities and services of an electric, telephone, gas, or other public utility. In the
event a cable television company damages the facilities of a public utility, it shall
be solely responsible for the damages. Martin County has regulatory authority
over, but shall bear no responsibility, duty, or liability for, any utility easements
designated as such on this plat.”
11. Dedication 7, Landscape Easement must be revised as follows: “…declared to be the
property of, and dedicated to, which shall be conveyed by Deed to the Association for
the purpose of landscape the landscape easements therein landscaping and shall be
12. Dedication 8, Wetland Preservation Areas and Associated Wetland Buffer Areas,
appears to only provide for the Conservation Easements over those areas. Add a
dedication as follows:
“The conservation easements shown on this plat of Prism Business Park, are
perpetual statutory conservation easements, pursuant to Sec. 704.06, F.S., and
have been conveyed to the South Florida Water Management District and are
recorded in the public records at Official Records Book _____, Page ______.”
Also, Dedication 8 refers to “Wetland Preservation Areas and Associated Wetland
Buffer Areas” but the areas on the plat refer to “Wetland No. 1 and Wetland No. 2”
and “50’ Wetland Buffer”. The references must be consistent.
13. The Acknowledgement for the Acceptance of Dedications must be revised as follows:
“….executed the foregoing Certificate of Ownership and Dedication Acceptance of
Dedication as such officers…”.
14. The Title Certification block indicates that Gunster, Yoakley and Stewart, P.A. will
be entity certifying title. It states that it is a Title Insurance Company and the
President will be signing. I believe this is an error.
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15. Correct the typos within the plat as follows: New Jeresy (3 places), respondsible,
statues (should be Statutes), resistration.
16. Note 3 under the Surveyor and Mapper’s Notes means that fences, trees or shrubs
will not be allowed between lots. The note is not a County requirement. Is this the
intent of the owner?
17. Pursuant to Section 177.091(27), F.S., Notes 1 and 2 must be prominently displayed
by boxing and bolding.
18. The Engineering Department must determine whether a Public-Flow through
Drainage Easement is required. The applicant must coordinate with Engineering to
provide a response.
19. The Contract for Construction of Required Improvements and appropriate security
must be submitted for review and sign-off by the Engineering and Legal
20. Pursuant to Section 197.192, Florida Statutes, the plat may not be recorded until
applicable property taxes have been paid. Proof of such payment must be submitted
with the post approval documents.
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