R05-058Return to: (enclose self-addressed stamped envelope)
Name
Address:
I!H1 Il Ill Il Ill ti Ill Il ltl Il 1, II t,~ I, ~!t I¢ Ii~ t~ Iii i illl
RECORDED 04/2.0/20f .=i
Palm Beach Court'[y, F].o.r[da
Sharon R. Bock, CL[R}~ & COMPTRCI.,LER
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RESOLUTION NO. R05- O~'B
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, CONVEYING A DEED OF CONSERVATION
EASEMENT FROM THE CITY OF BOYNTON BEACH
TO THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in accordance with South Florida Water Management District (SFWMD)
Permit No. 50-04166-P, in order to preserve and/or mitigate existing wetlands, a Conservation
Easement north of the eastern terminus of Boynton Beach Boulevard, and extension thereof,
and east of the existing stormwater encatchment area is necessary; and
WHEREAS, the City of Boynton Beach Community Redevelopment Agency is
requesting creation of a conservation tract as part of the requirements of the SFWMD Permit as
defined in Section 706.06, F.S. (2004); and
WHEREAS, the City Commission upon recommendation of staff, deems it appropriate
to convey a Deed of Conservation Easement to the South Florida Water Management District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2. Thc City Commission of thc City of Boynton Beach, Florida docs hereby
convey a Deed of Conservation Easement to thc South Florida Water Management District, a
copy of which is attached hereto as Exhibit "A".
1 i Section 4. This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ,.~ day of /~rprl I ,2005.
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
ATTEST:
S:\CA\RESO~S, greements\UtilitieskDeed of Conservation Easement -BB to SFWMD.doc
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this day
of ,2005, by the City of Boynton Beach, 100 East Boynton Beach
BIvd, Boynton Beach, FL 33435 ("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 all 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 Beach
County, Florida, and more specifically described in Exhibit A attached hereto and
incorporated herein ("Property"); and
WHEREAS, the Grantor desires to construct a cul-de-sac at the eastern
terminus of Boynton Beach Blvd. ("Project") at a site in Palm Beach County, which is
subject to the regulatory jurisdiction of '6outh Florida Water Management District
("District") and the U.S. Army Corps of Engineers (.Corps); and
WHEREAS, District Permit No. 50-04166-P and Corps File No. SAJ-2004-1205
-QE:JEd~ authorizes certain activities which affect surface waters in or of the State of
Florida; and
WHEREAS, this Permit requires that the Grantor preserve and/or mitigate
wetlands under the District's and the Corps' jurisdiction; and
WHEREAS: the conservation easement shall not prohibit reasonable pedestrian
access and egress to the Intracoastal Waterway pursuant to the goals of the City of
Boynton Beach Community Redevelopment Agency (.CRA); 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 the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easement as
defined in Section 704.06, Florida Statutes (2004), 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
Standard Passive Recreation form - July, 2001
1
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
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. After providing reasonable notice to Grantor, 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: except for that which is
required for reasonable pedestrian access and egress to the Intracoastal Waterway
pursuant to the goals of the CRA;
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;
Standard Passive Recreation form- July, 2001
2 c}f6
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
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, soil conservation, or fish and wildlife habitat preservation including, but
not limited to, ditching, diking and fencing;
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. Passive Recreational Facilities. 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 that are not inconsistent with any District rule, criteria, the Permit and the
intent and purposes of this Conservation Easement. Passive recreational uses that are
not contrary to the purpose of this conservation easement may be permitted upon written
approval by the District.
a. The Grantor may conduct limited land clearing for the purpose of
constructing such pervious facilities as docks, boardwalks, or mulched
walking trails.
b. The construction and use of the approved passive recreational
facilities shall be subject to the following conditions:
i. Grantor shall minimize and avoid, to the fullest extent
possible, impact to any wetland or upland buffer areas within the
Conservation Easement Area and shall avoid materially diverting the
direction of the natural surface water flow in such area;
ii. Such facilities and improvements shall be constructed and
maintained utilizing Best Management Practices;
iii. This conservation easement shall not constitute permit
authoriZation for the construction and operation of the passive
recreational facilities. Any such work shall be subject to all
applicable federal, state, District, or local permitting requirements.
Standard Passive Recreation form- July, 2001
3 of 6
4. No right of access by the general public to any portion of the Property is
intended to be conveyed by this conservation easement.
5. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
6. Grantor shall pay any and all real property taxes and assessments,_if_aQ~
levied by competent authority on the Property. However; nothing herein shall prohibit
Grantor from taking any legal action to assert its status as a tax exempt entity.
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 shall 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 this
conservation easement shall not be affected thereby, as long as the purpose of the
conservation easement is preserved.
11. This easement shall be recorded in the public records of Palm Beach
County. and shall be deemed to be a covenant running with the land.
12. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed propedy given if sent by United States certified mail,
retum receipt requested, addressed to the appropriate party or successor-in-interest. All
such communications to the Grantor shall be sent to the attention of the General Counsel
at the address provided hereirl
13. This conservation easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or its successor: and assigns, which
shall be filed in the public records in Palm Beach County.
Standard Passive Recreation form- July, 2001
4 of 6
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 his 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, ..:)-.P~G/'C ¥ -7-,~¢~/zg?/~ has hereunto set its
authorized hand this ,~'.w., day of /~Przi,..-. ,20,~.sQ
Signed, sealed, and delivered
in our presence as witnesses:
Print Name:
Print Name:
A Florida corporation
PrirTG~am~.' '//,,~,¢~' F,'~- ~'~
Standard Passive Recreation form- July, 2001
5 of 6
STATE OF FLORIDA
) SS:
cou ,
On this ~ (:.~-A_ day of /Z)~/~/z ,"/ , 20 o s~ before me,
the undersigned notary public, personally appeared ..7-¢,~ [z ,/ 7-a.~/~ , personally
known to me to be the person who subscribed to the foregoing instrument and did not
take an oath,ss the (position) /'~ ~ .-~,/z_ , of
(corporation) (~ ';'/.~, ,~ ~'~'~..5/~/~;,~/5"¢'4~ Flc,C.'da corporation, and acknowledged that he
executed the sard'e on beh~f 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: ..,.,,,~,~,~,,.,:,, Barbara M. Madden
-' ~7~'~.~% Corn mission # DD125274
-.-~;..:~,~}~.-- S,~L,~ ju~ ~9, 2006
My Commission Expires: ~;;!...~<~s ,o~t ~
",,,~.,%;" .,,r.~: ~o,,r~ co..
South Florida Water Management District
Legal Form Approved:
Date: July, 2001
Standard Passive Recreation form- July, 2001
Exhibit A
Sheet 7 of 8
Exhibit A
Sheet ~ of
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