R99-034 RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE CONVEYANCE OF A DEED
OF CONSERVATION EASEMENT FROM THE
CITY OF BOYNTON BEACH TO SOUTH
FLORIDA WATER MANAGEMENT DISTRICT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach is the owner of certain lands
situated in Palm Beach County, Florida, and the City of Boynton Beach
desires to construct a DownTown Watershed Regional Facility Basin at said
.site, which is subject to the regulatory jurisdiction of South Florida Water
Management District; and
WHEREAS, in consideration of the consent granted by the Permit, the
City of Boynton Beach is agreeable to granting and securing to the South
Florida Water Management District a perpetual conservation easement as
defined in Section 704.06, Florida Statues (1995), over the Property; and
WHEREAS, 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;
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 does hereby approve the conveyance of a Deed of Conservation
Easement from the City of Boynton Beach to the South Florida Water
Management District, and authorizes the Mayor and City Clerk to execute
said Deed, a copy of which is attached hereto as Exhibit "A",.
Section 2. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this /~; day of March, 1999.
ATTEST:
C(-t'y Clerk
(CorPo¢~'~
ca~reso\ag~?~_ ns E~
Commissioner
standard form - July 14, 1997
Apr-08-1999 ll:03am 99--142146
ORB 1 1037 Pq 8 --2
IIIII II Ill II III II III II III II Iii II !11 II III II Ill II
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this /g' '/<' day
of /Va~ , 19 ~, by the City of Boynton Beach, Florida
(address) City of Boynton Beach, 5469 West Boynton Beach Boulevard, ~~
Boynton Beach, Florida 33437
("Grantor") to the South Florida Water Management District ("Grantee"). As used herein,
the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and
alt subsequent owners of the "Property" (as hereinafter defined) and the term Grantee
shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Palm Bea~c~Dunty,
Florida, and more specifically described in Exhibit A attached hereto and incorporated
herein ("Property"); and
WHEREAS, the Grantor desires to construct (name of project) Downtown
Watershed Regional Fac. Basin ("Project") at a site in Palm Beach- Count,
which is subject to the regulatory jurisdiction of South Florida Water Management ,District
("District"); and
WHEREAS, District Permit Nb:- 50-04166-?' '("Permit") authorizes certain
activities ~vhich affect surface waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve and/or mitigate
wetlands and/or uplands under the District's jurisdiction; and
WHEREAS, the Grantor has developed and proposed as part of the permit
conditions a conservation tract and maintenance buffer involving preservation of certain
wetland and/or upland systems on the Property; and
WHEREAS, the Grantor, in consideration'of the consent granted'by tl~e Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easement as
defined in Section 704.06, Florida Statutes (1995), over the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate 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 Property which
¢:\da[mcon.~crv
ORB ~_1037 P~ 803
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. 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 that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent
with this conservation 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 restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required
by the Permit, the following activities are prohibited in or on the Property:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
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. Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
ORB 1 1037 Pq 804
e. Surface use except for purposes that permit the land or water area to
.remain in its natural condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, 's0il conservation, or fish and wildlife habitat preservation including, but
not limited to, ditching, diking and fencing;
go
water areas;
Acts or uses detrimental to such aforementioned retention 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 that are not prohibited herein and which are not
inconsistent with any District rule, criteria, permit and the intent and purposes of this
Conservation Easement.
4. No right 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 cost~ or liabilities related to the
· operation, upkeep or maintenance of the Property.
6. Grantor shall pay any and all real property taxes 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 shall be borne by and recoverable against
the nonprevailing party in such proceedings.
8. 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.
9. 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 qualified to hold such interests under the
applicable state laws.
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.thi,s
c:\data conscrv,cas\f't~rmstd 797.doc
ORB 11037 F,~ 805
conservation easement shall not be affected thereby, as long as the purpose of the
conservation easement is _preserved.
11. 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 Property.
12. 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. 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 ?aJ_m Beach County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of :all encumbrances that are
inconsistent with the terms of this conservation easement and all mortgages have been
joined or subordinated; that Grantor has-good right and lawful authority to convey this
conservation easement; and that it hereby fully warrants and defends the title to the
conservation easement hereby conveyed against the lawful claims of all persons
whomsoever. '
IN WITNESS WHEREOF, ~..~-.¢,,~..~ -'-'/'~,~.
its authorized hand this ?~' day of
has hereunto set
199z~_.
Signed. sealed and delivered
in our presence as witnesses:
Prirff Name:
A Florida corporation
Print N me: ~'~',~'..~z~ ,,,'z.o~
Title: ,f~,.~ ¢~ ·
CITY ATTORNEY' -
ORB 11037 Pa 806
STATE OF FLORIDA
) ss:
COUNTY OF//~g/~ /'~(?~; ~' 4
On this /¢ ~ day of ~/~'- ¢~' ~, 199 ~' before me,
the undersigned notary pu hc, personally appeared E'/~-/~---~ ,¢~g¢'-~, personally
known to me to be the person who subscribed to the ~oregoing instriiment and did not
take an oath, a~s the (position) o"~ - . , of
(corporation) ¢..)¢.~~ ~-¢~c,~4[/~,-,, ,-,,i~;~cZ°~oration, and acknowledged that he
executed the' sarrf'e on behalf of said corporation and that he was duly authorized to do
SO.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
~Y.~-. Barbara M. Madden
.~"'A~i>,'~Cornrnl~ion # CC 760467
My Commission Expires: A.~,.~ Expi~ July19, 2002
~'~-, BONDED THRU
OF ~- ATLANTIC BONDING CO., INC.
South Florida Water Management District
Legal Form Approved: SFWMD-July 14, 1997
c:',d;tm,co ihcrx.,.c;ts'\t'( rmstd.797.doc
Return to: (enclose self-addressed stamped envelope)
Name
Address:
NOV. 9,1999 4:34PM M0,008 P.13/13-