R06-191
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I RESOLUTION NO. R06- /q I
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, CONVEYING A DEED OF CONSERVATION
5 EASEMENT FROM THE CITY OF BOYNTON BEACH
6 TO THE SOUTH FLORIDA WATER MANAGEMENT
7 DISTRICT AT JAYCEE PARK; AND PROVIDING FOR
8 AN EFFECTIVE DATE.
9
10 WHEREAS, this Conservation Easement is for mitigation of mangrove habitat which
II was impacted during construction of the cul-de-sac at the terminus of the Boynton beach
12 Boulevard Extension; and
13 WHEREAS, this mitigation was undertaken at Jaycee Park as construction of new
14 wetlands. The easement could not be dedicated until construction was completed and accepted
15 by the South Florida Water Management District; and
16 WHEREAS, the City Commission upon recommendation of staff, deems it appropriate
17 to convey a Deed of Conservation Easement to the South Florida Water Management District.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20
Section 1.
Each Whereas clause set forth above is true and correct and incorporated
21 herein by this reference.
22
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
23 convey a Deed of Conservation Easement to the South Florida Water Management District, a
2 copy of which is attached hereto as Exhibit "A".
Section 3.
That this Deed of Conservation Easement will be recorded in the Public
2 Records of Palm Beach County, Florida.
2
Section 4.
This Resolution shall become effective immediately upon passage.
S:\CA \RESO\Agreements\Utilities\Deed of Conservation Easement -BB to SFWMD(JAycee Park).doc
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PASSED AND ADOPTED this ~ day of November, 2006.
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ATTEST:
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Commissioner
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Return to: (eP1C!0Se self-a~dressec s'amDed enVel00e)
Name
11111111111111111111'1
Address:
CFN 20060652358
OR BK 21111 PG 1182
RECOBDED 11/22/2006 09:08:33
Pal. Beach County, Florida
Sharon R. Bock,CLERK & CO"PTROLLER
.", llbL - 1193; <12pgs)
Exhibit "A" Sheet I of 9
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this IS -HI day
of Nov. ,2006, by The City of Boynton Beach, FL ("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 South Florida Water Management District ("District")
and the U.S. Army Corps of Engineers ("Corps").
WHEREAS, District Permit No. 50-04166-P and Corps File No. SAJ-2004-1205 (IP-
JBH) authorizes certain activities which affect waters in or of the State of Florida.
WHEREAS, the conservation easement shall not prohibit the construction of small
boat dock. oiers for fishina and reasonable oedestrian access and earess to the
Intracoastal Waterwav pursuant to the aoals of the City of Bovnton Beach Parks
Deoartment as indicated on the Master Plan for the oark.
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 (2001), over the above mentioned portion of the
property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and
operate the permitted activity (construction of a cul-de-sac at the eastern terminus of
Boynton Beach Blvd) 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 shall run with the land
and be binding upon the Grantor, and shall remain in full force and effect forever.
Return to: (enclose self-;::lddressec' s~8mped e'lve'ope)
Name
11111111111111111111'1
Address:
CFN 20060652358
OR BK 21111 PG 1182
RECORDED 11/22/2006 09:08:33
Pal. Beach County, Florida
Sharon R. Bock,CLERK & CO"PTRQLLER
"c llbL - 1193; <12pgs)
Exhibit "A" Sheet 1 of 9
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this IS -HI day
of Nov. ,2006, by The City of Boynton Beach, FL ("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 South Florida Water Management District ("District")
and the U.S. Army Corps of Engineers ("Corps").
WHEREAS, District Permit No. 50-04166-P and Corps File No. SAJ-2004-1205 (IP-
JBH) authorizes certain activities which affect waters in or of the State of Florida.
WHEREAS, the conservation easement shall not prohibit the construction of small
boat dock. Diers for fishino and reasonable oedestrian access and eoress to the
Intracoastal Waterwav pursuant to the ooals of the Citv of Bovnton Beach Parks
Deoartment as indicated on the Master Plan for the oark.
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 (2001), over the above mentioned portion of the
property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and
operate the permitted activity (construction of a cul-de-sac at the eastern terminus of
Boynton Beach Blvd) 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 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:
Standard form- July, 2001
Page lof5
Exhibit "A" Sheet 2 of 9
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 providinq written 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 the construction of small boat dock, piers for fishing and reasonable
pedestrian access and egress to the Intracoastal Waterway pursuant to the goals of the
City of Boynton Beach Parks Department as indicated on the Master Plan for the park.
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;
e. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
Standard form - July, 2001
Page 2 of 5
Exhibit "A" Sheet 3 of 9
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:
g. Acts or uses detrimental to such aforementioned retention of land or
water areas;
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
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 anv.
levied by competent authority on the Property. However. nothinq shall prohibit Grantor
from takinq anv leqal 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
Standard form - July, 2001
Page 3 of5
Exhibit "A" Sheet 4 of9
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 Dublic records of Palm Beach
Countv and shall be deemed to be a covenant runnina with the land.
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. All
such communications to the Grantor shall be sent to the attention of the General Counsel
at the address provided herein.
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.
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.
IN WITNESS WHEREOF, The City of Boynton Beach, FL has hereunto set its
authorized hand this 15~ day of~l>"embe,... ,200_.
Signed, sealed and delivered
in our presence as witnesses:
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Print Name:
Title:
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Print Name:
f)\,.kk'JJ!dj
Print Name:
KURT BRESSNER
CliY MANAGER
BOYNTON BEACH, FL
Standard form - July. 2001
Page 4 of 5
Exhibit "A" Sheet 5 of9
STATE OF FLORIDA
) ss:
COUNTY OF .Pa.A~ fduuJ;
On this I 6-dv day of , 200k before me,
the undersigned notary public, personally appeared , personally
known to me to be the person who subscribed to th foregoing instrument and did not
take an oath, as the (position) (';fif., mD~) , of
Boynton Beach, and acknowledge that he executed the same 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
-rkJ (J ('" f', t1 fJo -&..,-...c.,="',....",.....~..._. "_'''__''
Print Name:.;??:;>.. v'lifiiE,,'MS.n"ll
My Commission EXPires:I(~,.j_:i _'f';~':~~:~'~~.':'.:~':~ if
South Florida Water Management District
Legal Form Approved
Date: July, 2001
Standard form - July, 2001
Page 5 of 5
Exhibit" A" Sheet 6 of 9
EXHIBIT 'A'
Land Description
A parcel of land lying in the Southeast y.. of Section 33, Township 45 South, Range 43
East, Palm Beach County, Florida, the boundary of said parcel being more particularly
described as follows:
(Bearings shown hereon are relative to an assumed bearing of South 07007'04" West
along the West right-of-way line of the Intracoastal Waterway.)
(Attachment I: Jaycee Park, , 2600 South Federal Highway, Boynton Beach, Florida,
described by metes and bounds in a survey prepared by Keith & Schnars, P.A. on August
10,2004)
Commencing at the East y.. comer of said Section 33, on the line between
Sections 33 and 34 for point of reference. From said point of reference run along
the East and West quarter section line through said section 34, North 89024'40"
East a distance of 155.91 feet to an intersection with the West right-of-way line of
the Intracoastal Waterway from Jacksonville to Miami, Florida as that right-of-
way is shown in the plat recorded in Plat Book 17, at Page 13-A, of the public
records of Palm Beach County, Florida; Thence along said West right-of-way line
South 07007'04" West a distance of 1196.19 feet to a point of intersection with the
North line of Tract I of said Jaycee Park; Thence continue South 07007'04" West
a distance of 348.00 feet to a point of intersection with the South line of said Tract
1; Thence South 89033'02" West a distance of 52.00 feet along said south line of
Tract I; Thence North 00026'58" West a distance of 12.00 feet to a point on the
North line of a 12.00 foot wide Florida Power and Light easement as recorded in
Official Record Book 1682, Page 188 and Official Record Book 711, Page 159
and the Point of Beginning; Thence South 89033'02" West a distance of60.64
feet along said easement line; Thence North 71052'24" West a distance of 76.38
feet; Thence North 26017'10" West a distance of 72.48 feet; Thence North
00049'41" East a distance of77.01 feet; Thence North 32021 '51" East a distance
of54.02 feet; Thence North 52010'04" East a distance of 46.94 feet; Thence
North 81054'05" East a distance of39.31 feet; Thence South 38029'45" East a
distance of 13.33 feet; Thence North 80059'10" East a distance of 10.50 feet;
Thence North 27025'58" East a distance of 19.66 feet; Thence North 67002'00"
East a distance of 51.24 feet; Thence South 89044'06" East a distance of51.50
feet; Thence South 09012'32" West a distance of 163.41 feet; Thence South
20001'36" West a distance of 119.57 feet to the Point of Beginning, being 1.07
acres, more or less.
~ J. 1-1..,-" January 17,2006
Christopher J. Huth, Registered Surveyor & Mapper #4299
214 NE 3'" Street, Boynton Beach FL 33435 561-738-0987
Page 1 of4
SKETCH OF LEGAL DESCRIPTION
NOT A BOUNDARY SURVEY
HAMPSHIRE GAROENS
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Exhibit "A" Sheet 7 of 9
SOU;H liNE NORTHEAST 1/<
SECnONJ( rOWNSHlP<.5,RANGEOE
POiNT OF #8!J'N'lOc 1519'
COIoHENCEHENT
EAST V, CORNER
SEC.3~ nwlSS,RGElX
No 11TH PR 'PERrY UNE JAYCEE PARK Sag"JJ'O;'W 690.9'
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SOUTH PROPERTY LINE JAYCEE PARK Sag'JJ'OrW 678.1.8
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January 17, 2006
CHRISTOPHER J. HUTH Florida Surveyor & Mapper #4299
214 NE 3'd Street, Boynton Beach. FL 33.f35 561-738-0987
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In ')31
[NC'NEEAS PLANNER!; - 5>JflY[YQRS
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A PORTION OF THE SOUTH HALF-OF SECTIONS 33 8.. 3'1
TOWNSHIP 45 SOUTH. RANGE 113 [AS T
CIlY or OOYNTON BEA.CH, fO....L". l:IUCII COUNTY, FLORIDA
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Exhibit "B" Sheet 1 of 3
Logan, Laurinda
From: Jonathan Ricketts Urickett@jtrinc.com]
Sent: Tuesday. October 10, 2006 9:11 AM
To: Logan, Laurinda
Subject: FW: Boynton Beach CRA - SFWMD Permit No. 50-04166-P
Laurinda.
HERE IS MY CONFIRMATION FROM THE SFWMD THAT WE ARE "GOOD TO GO"
I will have the signed and sealed certification emailed today with a hard copy no later than tomorrow morning.
@ THANKS @ !
Jonathan Ricketts
Jonathan T. Ricketts. Inc.
5708 Whirlaway Road
Palm Beach Gardens, FL 33418
phone: 561 630 6700
fax: 561 625 2770
email: jricketts@jtrinc.com
From: Robson Jr, Robert [mailto:brobson@sfwmd.gov]
Sent: Tuesday, October 10, 20068:48 AM
To: jricketts@jtrinc.com
Subject: RE: Boynton Beach CRA - SFWMD Permit No. SO-04166-P
Jonathan.
The changes you have noted in the revised easement are minor but obviously necessary. As long as no changes
are made to the language in the body of the easement your current revised copy meets the original District
requirements. You are good to go!
Please let me know if you need any additional information.
Regards.
Buddy Robson
Staff Environmental Analyst
Environmental Resource Compliance
Regulation
(561 )682-6955
From: Jonathan Ricketts [mailto:jrickett@jtrinc.com]
Sent: Monday, October 09,20066:04 PM
To: Robson Jr, Robert
Subject: Boynton Beach CRA - SFWMD Permit No. SO-04166-P
Buddy,
Thanks for your assistance in closing out our permit.
As discussed in our phone call. the city attorney who is reviewing the proposed easement for Jaycee Park would
like to have confirmed that the document we have submitted to his office is acceptable to the SFWMD (when
10/11/2006
Exhibit "B" Sheet 2 of 3
recorded). I have attached the original exhibit from our permit and the clean copy of the permit that is being
reviewed by the city attorney. I have highlighted the three differences from the original permit
1 The date of the easement execution has been changed from 2004 to 2006
2 We have added "and the U.S. Army Corps of Engineers ("Corps")
3 The permit numbers from both the SFWMD permit and the ACOE permit have been inserted on the first
page
These changes occur on the first page and are shown highlighted on the PDF file.
Jonathan Ricketts
Jonathan T. Ricketts, Inc.
5708 Whirlaway Road
Palm Beach Gardens, FL 33418
phone: 561 630 6700
fax: 561 6252770
email: jricketts@jtrinc.com
10/11/2006
Jonathan T. Ricketts, Inc.
5708 Whir/away Road, Palm Beach Gardens, FL 33418
Phone: (5
Exhibit "Boo Sheet 3 of 3
October (I, 2006
Laurinda Logan
Senior Engineer
City of Boynton Beach
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425-0310
RE: Jaycee Park Conservation Easement
Deaf Ms Logan;
This is to certify that we have confirmed with Mr. Robert Robson, Jr., Staff Environmental
Analyst, with the South Florida Water Management District that the proposed wording for the
conservation deed is acceptable to the district and will satisfy the requirements shown in the
city's permit. Please proceed with the approval and execution of the deed with the city council.
If you have any further questions, please contact me at the numbers shown above.
Sincerely,
,-;.
'..P-tJt"
Jonathan Ricketts
FL P.E. 38799
Cc: Robeft Reardon, eRA
Vivian Brooks, CRA