R02-011RESOLUTION R02- 1911
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR TO EXECUTE A
DEED OF CONSERVATION EASEMENT FOR THE
MANGROVE AREA OF INTRACOASTAL PARK
BETWEEN THE CITY AND THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT; AND
PROVIDING AN EFFECTiVE DATE.
WltEREAS, the City of Boynton Beach is the owner of certain lands situated
in Palm Beach County, Florida, and is desirous of constructing Boymon Beach
Intracoastal Park at a site which is subject to the regulatory jurisdiction of south
Florida Water Management District; and
WHEREAS, it is the purpose of this easement to grant to the South Florida
Water Management District a perpetual conservation easement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
:loes hereby approve the Deed of ConservationEasement from the City of Boynton
Beach to the south Florida Water Management District, and authorizes the Mayor and
City Clerk to execute said Easement, a copy of which is attached hereto as Exhibit
Section 2.
passage.
PASSED AND ADOPTED this IK day of January, 2002.
This Resolution will become effective immediately upon
CITY OF,.BOYNTOX BEACH, F,LORDA
Commissioner
-- ED OF ¢ON'_ ER,- _¥1 _-.E ' ;EME- T
THIS DEED OF CONSERVATION EASEMENT is given this [~,~- day
of ,T~m~T.j_r ~, 200z2._, by ~-.j~-y nc ~m~n~ ~
~address) l~n ~ ~n ~ BI-~, ~on ~, ~ 33425 '
("Grantor"} to the South Florida Water Management Distdm ("Grantee"). As used herein,
the arm Grantor shall include any and :all heirs, su~essom or assigns of the Gr~tor. and
all subsequent 0~ers of the "P~e~" (as h~in~
any ..... an.
WITNESSETH
WHEREAS, the Grantor is the owner,of certain lands situated in Palm RchCoun~y,
Florida, and more specifically described in Exhibit A affached hereto and incorporated
herein ("Property"); and
WHEREAS, the Grantor desires to donstruct (name of project) ~o,mton
Yn~-r~r~astal P~k
('Proje~") at a site ~ P~ ~ Cou~,
which I$ sUb)ect to the reguJato~ judsd~fion o~ Sou~ Florida War'Management DJs~ct
("District"); and
WHEREAS, District Permit No. ("Permit") authorizes certain
activities which affect waters in or of the S-~ate of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore
and/or mitigate wetlands and/or uplands under the District's jurisdiction; and
WHEREAS, the Grantor, In consideration of the consent granted by the Permit. is
agreeable to granting and securing to the Grantee a perpetual conservation easement as
defined in Section 704.06, Florida Stalutes (2000), over the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit Io construct
and operale the permitted activity, and as an inducement to Grantee In issuing the
Permit together with other good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, Grantor hereby grants, creates, and establishes a
perpetual conservation easement for and in favor of the Grantee upon the Properly whiCh
shall run with the land and be binding upon the Grantor, and shall remain In full force and
effect forever.
Shu~dm'd form -]uly,
1
J
CONSTRUCTION
DIVISION
The scope, nature, and character of this conservation easement shall be e~ follows:
1. It is the purpose of this conservation easement to retain land or water areas
in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and, maintained in the enhanced or created
conditions required by the Permit,
To carry, out this purpose, the following rights are conveyed to Grantee by this
easement:
a, To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner thai will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
t'me of suci~ entry; and
b. To enjoin any activily on or use of the Property that is inconsistent
With this conserve+Jori easement and to enforce the restoration of such areas or features
of the Property that may be damaged by any inconsistent activity or use.
. . 2. Except for res/oration, crealjnn
,_activi.es, or surface water mananeme~,t ~.~.,.~:~_.rnent., .maintenance and monitoring
[~ the Pe ' . .~, ,, -,0~,JuV~,lnunm wnlon are e ' -
Y tm/t, the following activities ara prohibited in or on the PropeP~ty?ltted or requ red
a. Construction or placing of buildings, roads, signs, billboards or Other
advertising, utilities, or other structures on or above the grounO;
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste, or unsighth/or offensive materials;
c. Removal or destruction Of bees. shrubs, or other vegetation, excepl
for the removal of exotic or nuisance vegetation in accordance with a Distdct approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rocl~, or
Other material substance in such manner as to affect the surface;
e, Surfane use except for purposes that permit the land or water area to
remain in its natural condition;
Stand~d form - July, 2001
2of5
DEC
CONSTRUCTION SERVICES
DtViSION
f- Activjt~gs detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but
not JtmJted to, ditching, diking and fencing;
wafer areas;
Acts or uses detrimental to such aforementioned retenaon of land or
h. Acts or uses which are detrimental to the Preservation of any
features or aspects of the Property having historical or archaeological significance.
3. Grantor reserves all rights as owner of the Property, including the right to
engage in uses of the Property i~at are not .prohibited ~er~n and w~ich ~re not
inConsiStent with~ any District rule, criteria, permii and
Conserve{ion Easement. the Intent and purposes Of this
4. No dght of access by the general public to any portion of the Property is
conveyed by this Conservation easement.
5. Grantee shall not be responsible for any costs or I/abilities related to the
operation, upkeep or maintenance of the Properly.
6. Grantor shall pay any and all real Propers' ta~es and assessments levied by
COmpetent authority on the Property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions
and restrictions · -
of this conservation easement stqall be borne by and recoverable against
the nonprevailing party in such proceedings.
8. Enforcement of the terms, provisions and restrictions of this conservation
a,= _,.me?LshaU be. at th. reasona e discre n of Grant
uanalr er ~rentee to exercise its rinhts hem,..--,-*- .-~ -.- ee. _an, d any forbearance on
-o .,~,~, ~ u~ me even~ o1' any breach hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will ho~d this conservation easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this ConServation
easement except to another organization qualified to hold suoh interests under the
applicable state Paws.
10. 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 nol be affected thereby, as long as the purpose of the
Slam;lard form - July, 2001
3 of 5
CONSTRUCTION SERVICES
DIVISION
conservation easement is preserved.
! t, Grantor shat! insert the terms and reslriCUons of this Conservation easement
Jn any subsequent deed or other legal instrument by which Grantor divests itself of any
interest in the Property,.
12, All notices, consents, approvals or other communicaUofls hereunder shall
be in wdUng 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.. This cons_erva_t!on easement _may b~ amended, altered, released or rev
only' by written agreement betw
successors-i : . ee~ t.h.e part,es hereto . . Oked
"interest. wh,ch shalt be fded ,n the public reenrd~°r~;.~e.Ir he,rs, assigns or
......... "~ County.
TO HAVE AND TO HOLD unto Grantee forever. The covenanls, terms,
conditions, restrictions and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running Jn perpetuity ~ the
Properly.
Grantor hereby covenants with saki
Property in fee simple; that the Grantee that Grantor is lawfully seized of said
Property is free and clear of all encumbrances that are
!nconsistent with. the terms of this conser~,ation easement and all mertgagee have been
joined or subordmatecl; that Grantor has good dght and Ja
conserve?on easement; and that ~ he~;; ~..- ...... wfu! authority to conve this
conservation easem~,,~ h~...,._ '_~ '7 ,u.y warrants and defends th ' Y
....... .=,:uy convey nn~i,,~, ,,. , · . e title to the
whomsoever. _eo -y..,o, (,,e ~awruj o~ain18 of etl Persons
IN WITNESS WHEREOF, ~ l ~1
its auth°rized hand this-4;3~_~d~y Of~~3__L~_, 2~._ has hereunto set
.Signed, sealed and delivered
m our presence as witnesses: ' "' '- ~ - .
A Flodda corporation
~:landard form - Suly, 2001 ~/~ ~/ CI~Y ATTORNEy
4 of 5
DEC 31 ~
CONSTRUCTION SERVICES
D)V~SION
STATE OF FLORIDA
couN oF
to me to be the e ~ ~ ,-u~. ~r~
· p m~ who subs~ - , pemon~
take an oath, as ~e rn~.~, ~ ~ to the ~or~o no inam~ ..... ~
exerted th~ a Flodda corpora/Ion, and a~owt~ o~
IN WI~ESS WHEREOF, I hereunto set my hand and o~eial ~al.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:..c~ ~.~-.,v Co
My CommJ * --- ,,~,~,,~ .........
~outh Rofida Water ~aeme-~
Legal Form Approved ........
Date: July, 2~1
form- July. 2001
5 of 5
P.~6
3. SOUIH 06'33'39' EAST, 33.95 FEET:
~'.SOU-H crGs'30'EAST, 42.26
, IEREBY 2ERT~F¥ THAT THE ATTACHED SKETCH OF DESCRIPTION OF T:P_ H',-_~LON ,9FbCRIRFD
PROPFRI¥ iS OEPICTED fO THE BEST OF ~¥ KNO~'LEDOE. BELIEF AND INFORMATION AS
DFL:NEATED uNDER MY DiRECTIO',I ON DECEMBER 5. 200L FURTHER CEC?TiFY THAT THIS
SKETCH OF DESCRIPTION MEETS THE MINIMUM T~CHNtCAL STANDARDS SEi rORTt ~¥ THF
[-LORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS N CHAPTER 6~I,~-6 DF THE
FI ORIDA ACMINtSTRATtVE .iODE, PURSUANT FO SECTION q/2.02~. FLUR'.DA Si AT;JL', SU~2[CI
lo [:4E QUAL:FICATIONS 40TED HERE. ON.
KE!TR & ASSOCIATES, INC
SURVE DTES:
NO ,z~.t.:O ,qrHO]dT ~mF_ .CdONA[dRk ~ND ORIGNAL RAISED SI-A, 3F ;, FLOH:L~A _iCL%S'FD
El tV,
--EC
FOOT
O.R.B.
P.B,C.R.
PoS,
PO,
P.O.B.
UL
SQ. FT.
ELEVAT!ON
FLORIDA EAST COAST RA!LROAO
FLGRIOA DEPARTMENT OF 'RANSPORTAT[ON
OFFICIAL RECORDS BOOK
PA_M BEACH COUNTY RECORDS
PLAT BOOK
PAGE
POINT OF BEGINNING
PO-NT OF COMMENCEMENT
RIGHT-OF-WAY
UT:L[FY EASEMENT
SQUARE FFET
W~TH
A PORTION OI LOlb B~ AND ~, I/
SAM BROWN ,~ . . /
SUBOIVSION IN SFCltON ~l
SKETCH OF DESCRIPTION
& PORTION OF LOTS 8 AND
5A~ BHOWN Jq's HYPOIUXO
SUdD!VSiON N SECTION
I5 45 4~ EAST. P.$. ,PG. 8~
OT~ OF BOYNIO~
l [o~tt~ ,~ Ot~OL
A POR1 0~ O; LOTS 8 AND 9