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R06-191 " 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 " PASSED AND ADOPTED this ~ day of November, 2006. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 29 ATTEST: '<"-::-.? - .J-? .....~......'.~__m \~_..-- .?- Commissioner .~ S:\CA\RESO\Agreements\Utilities\Deed of Conservation Easement -BB to SFWMD(JAycee Park).doc ". . ..~- :-'~ ) 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: ~ ~ A:OO~_ Print Name: Title: " . .\ ~ ))\LC~' I: 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 .::::- , 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' TRACT, T R C T <; ~ t , . , ~ l~~ S69'U'D6"F _00'( S suo rJ61'Ol ~27'2S'58"E NII"S'1JS"C 19.66 'O~'E ]01/ .9'10"( if.ll"~r..9~ /' rJ80:'sO '29'~S'E 53'\1-)) ~ ~ ~ ~ .0 ~ 1 107 ACRES HORE OR LESS 6efl/. r.lo' ~, COLONIAL CWB CONDOMINIUM FPL EASEMENT--;S /68Z "9'86 ;;;;;;// "9 rs---;- J- ~ 89') . SOUTH PROPERTY LINE JAYCEE PARK Sag'JJ'OrW 678.1.8 , ~ . r1 // we January 17, 2006 CHRISTOPHER J. HUTH Florida Surveyor & Mapper #4299 214 NE 3'd Street, Boynton Beach. FL 33.f35 561-738-0987 f ~ ~ ~ ~ ~ . ~ , ~ " ,'/I ~J:;;~ k?~;J 11-..t:; "'~~ ~~~ Vj~~ &::;1 fig " R ~ 4 PAGt" 2 or I, ~ ~ '" ~ " J....,,'...~..31_'....,.. f! \ [! .. 0" i!.;: t~~ '" ~"~~;~~ ~ ':'::;;: '" ~ ~ ~~:~~~, ~A;:;.~ "i...~~~ ~~ -:~ ~ ~ ~ ... "i\ . e. ~j~:! <> '" ~.., l'i ':i ~ '" '"" ~ ~ t:. ~ ~~:~; ;:,;~: ~ 'Q ~~~;~ 6",,"" i! '" o~~:~ ~:~g'~I~~~~~~i ~~g:!j'1!~:~S!~~ ....~....;; i'::::;:;;:. ~::. ~~~~;~~i~ro:&; ~~~!i;~~i~~i ... ~ -< ':: ~;!''''~ '" "'i::" ~;;:c::;;~:!~:'Ei~~ ~~[f-~;~~~!!!'"~i ~gg~~~~<:i~~:n ,"'d.',d ~."'~~~g=,:~~~ :-'~~g~~;~- ~~i Ol~3~"H:., g,.~;:;~!:;;;~S~ ~~ . ~g:!;:~ ~~~ ~ -.I~"'~~;~ 2~ '" .i:~:;'~~~;:.... t...,i. ~:::-'""~~;:;;2~ fH'i' o~ Iii:: ~ ... ~" ~: ~ ~~~-~~ ~~:~~g ~ l; -< ~' ~ ~ ~ i'''~ ~ ~;; ..,~o::; i ~ ~ i::' ~ ~ ~~ i:g if; .., n .. .... ~g~-<i;r, . C ii, i' ~ ~'" -<;a ~.J~li ~~h,~ ~::::~'" ~ ~9~~8 i'!:-<~.., ,0 . ~g;~~ :'~"'!5 '~~H': ~ ;::;: -< -:' ~ ~i: CO ~ ~ ~- -< ~. :!;''f 'f ::i~~~ -:;:-: o~~~ ~.t.;", ...~~~~gl?,El~ ... ...., '" 0 t;.. ~~ ~~~~~;;e m...~....~"i\'''~t;~ ~~~!;~~i~~ ~;~~;"~?;:; ,!g~'ilg~t"~!>:~ :"' ~. '" ~ 1; I',Eg... '" ~ "I" -< '" -1";;; ~. "'_,0. "'~~Cl~!::~ ~~ n'j ~.... ~::<~ ;:!.t~~c," ... _ "" ~ "':2 '1'"-' .. ~c~~~, "0 BOYNTON BEACH ~TRACOASTAL PARK BOUNDARY SURVE Y ~ 0:1: ~ ~"", - ,;<.... I'"' J;\.., -I~?~ ~ .;;;:-~i ..,i ~""~ !Oi ~ x:;t;~ ~ '~. .c .. ~,., .. ',.J;.. ~ -.rl':e- ",- . ~~~~: :!~::: ~ ~p:~ - ~;; ~ j "~S ,I.. " . n g ~ ~~l!: ~ .. J~2~ :: " ~~ !i ~~ ~~ o~ '. i! . . . . "'1;,::: ';' ~;,: ~i.-~~~ ~:~~; ~ E",~ .. ~ .<<:='" ':::: ':':: ~ ~ .- ~ ~ ~;: , : ~ ~ ~ o _ o. g~ ~ t:: r ~ ~ ~;' ~ ;; Exhibit "A" Sheet 8 of9 :><>':""'~~~~"'';:::;;~~;:; :2~;.~~iE~~=~3~~ ~"'::"~'~i~~..i ~~~ i~~~~;;,~:~~~j:~~~ o"d.,,>;;", S - :€ ~ :3...~g ~ 0:: ~ "'i'~i~ ~.~!~;~~g~=~~~~ ?t~.i ~ ~l~'~ ~." I:. ~ 9X~;;~-~::~~::~;~~ '2~~-;'o"~j51'1~;;3 ii;!-~:~..-~~..ii .. ~a!~::: i:;i;i,;i ..,;! i'...w;~ f I; ..';' _ ~""'il; -fi~'!:~~ ~~'g~'''';~;.;l ..;~ 5il'f'i'V,~~c-:::il.~~ .p.L.." . :;:: ':;"'::1"", ~-. .'. - _ O' ~..,., ..- !:i-: ;:;~!~ -;~ 1>~;f;S ,:.S."i @iz ;s"'; . if..., !i.... ~!;<;;l~ 5ilv;i~ i:l~~ ~~ :"i ;~ .' e.o :i L =. c, i ~ i ~ '.. . . i(~ l~~ 0' i ~ ~ i ! ;: . ;; ~ . z o ~ m VO ~;; l.i "" ~~ -g g: ." .- f~C." ~~ ;p _~1i <:> ~",-.. ~......:.il ~~~~~ ~~" ~ ~ ~ " , ;'l!'~..,.;;;;; ,e% ~ : L. ~ ~ ~:.': ~o:, ;i~~~~ :- g~~~~~ ..... ~ ~:;~~'" ,,~ ~ 9 ~ s: i i ~:_,. cc';. !; i''' =. ~... r:" f;!: ~ ~~o'.o!:'. ,,~ - - - ~~ ~iR~~~ .. t- _,.."" . ~ ::;..9:;!. 0:1 '" 8' :';t:i: ~:J~:;;~ ~:~;;;~~ ~';~ _ 'i: ~ ~~:r? ~ ~.::: t-" . 2.., ~~S!i~~ ~2t c> ~." =~!~~f a"I~~~ - ~ ~ ':! ~. *; i "',... ~ vo c " < m ~ ; ~! ~ ~~ , ~i , ~ . ~ '" ~ ~~ ~ n ~ ~~ ~~ ~~ ~ .. .~;:"~ ~ fm;~ KEITH "d SCHNARS, P.A, In ')31 [NC'NEEAS PLANNER!; - 5>JflY[YQRS ~"_.S.<t.f'.l.,lI)(Mll.lli.rl.ll~'1Il1'~"1I.,... 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 ES~ ~~: .., . .. ,,:;': ~ i .."if..... :~ ~ ~ h:~ ~ ~ .... C> .. ',"'- i.' , ;!: ~ ~ ~'" ~:': ~~;~ ''''~: .~;." .-. ",.."... ~~~i ~:- ~ F ~ ~ 2 :;"''''! ~ ~'" r ~ z o o m vo n '" ~ ~ o z i.. i;! ~ ~2 ,. ~ <' ...., - __.__._,-<,_,"..'- _"~'._"'Y__ 0",".. STATE ROAD 5 . rrOMERLY STAT (U.S.IJ ---r'- p E ROAD <; J Vu.€~....o o>{l~€R co., ----------- -----;.;.;.:;,;----------- R/W MAl~{(p.o. r. - - ---- - . .--- --- -~ --.:-,~:::~:::.::;----C'~N-~3-0'--'-OS -- 2.:7 - -- - ~.~~. - - - - - - -- - - - - -- -- - f~ _ _ -.. --- --- /'-.---.. --- "--- "-r''''''''''~'" 'K r - --- _ -_.. _ ___ ___ -. - -.- ~"'L~.~ lc_. "'lTT.~ ~ ~i!~~-------- -____________ l:: '-.-.-.--- N O~. sa 52. E. _ _ j (-aORlTolc' S"A,S!'SJ - -.--~,-.-,:~~:~-~:---.- ltl - -'- 1--:- _ _ _.___ _ _ _ _,_ _ __ ..{w"'~'1.~,:ffB "' . - ~ - - ~ _ ~ _ _ _ _ _ J. _u_ ,_. _u._._....___.. ~ 1il " 'i1 " .-.---..-....--.. ~., ". ., iI~!: ~~~ ,"j!. . , . ~ i ~~, : i! 'i r I;~ ....~ ...\... ;:po 'i~ fi~ 11' ....g $.l; N~ I J ~ , I I, I ~ I ~ ~ ~~.~~ I ii i, I i~ i' ii :: 1: ~ ~! I :~. '. J] ~: ~~~ !,..-"" ';---'p.~~ "'8-< '....Il:;., Eel>' "'j :~ ~~~ IT....!!~ :.;: ~=~ ! ~> l~ -~ -., , i n ~ o > I' p c ~ ~ o ~ z e ~ . .1 !! ~ -~z:-1 ~~ I . Exhibit "A" Sheet 9 of9 , -'-"--"'."-,,- I . ~ . < ~occt <"","' r . z ~o ~o .m ~~ ~ A~ 6 > N 07. 07' 0.. E. 332.87' J4a.oo. ~::=:::i;::::~::~~~:~,~2~~:~'~'"1 O!., ~1;I:i.~~-I.:.l!~~-11Il 0 oeo~; ..,;:~~.:~=~ TOWNSHIP 45 SOUTH. RANGE 43 EAST r;,: LC .:; ~ '500"'_",..(.ro.(.lWiIl[l'I.f.fl.lJJOt.~lJm"n'."'" CITY QIC BOYNTON 6EACH, PAL'" BEACH COl.!OfTY. FLORIDA _.__._~_._~- --- ~~ . , ~ r ~ > o ~ ~o .m n~ ~n ~ -~ 6 z -"'-'~~"'''r(" q~~,.;;:::'~r(" --'!',r_ < , ,..,..._It<l;.S<'''<>><.,n"....I... ... .. ~i:i'T c.... ..."',ON ""j.., '48.00' ", (TRACT INTRACOASTAL WATERWAY PEn DEPARTMENT OF THE ARMy DRAWINC NO. R[-C 12.21<1 3 liES WHOLLy WITHIN WGHT OF WAY) t I I . I I I 1 I t . I I I:;. t"" ,et .- . I.. . Q II of i .61!i1 >. i;f ~2 Jil;<, '"~ ~ S !:1lli:!;::;; i~;;F ~ ,... po ~ I< ~ .. 1- ;.HPBEili ~~H'IH .; 2 ~ ';~ I; ~ ~ l&~ i ~ i = ~ ~ : ~ ~ r m C> m z '" z . r ":' i!i " ~ g Bi r\ I~ , I · ~ i ~ I .t.. I 1 ~ ~'~ .. ~ 6 ~ .~ -. ~~ jl ;!l!~ ~ Hl!; I ! ~ I . I ~ ~ ~ ,I~ . 0 'I , jo I , \..:'_,L r I ~'(c-;;';-~;rr ......."....., I I " ~I~ "n ",I'-IVI ~~-<>'2 ~1;Ei' '1-0 ....r,r- I~. ~n I' ~V'IZ , '" I~- n, ;;;lrTl.... ~l.." "'I'" --;"" ,. '--.---.J ~m~ ~,,? ~;:;;> o ~~ 'z ~~ c,~ ",. :...~ ~0 ."~" . -.", '1-. ~-.-- ." ., - J ------ ~~ ~~ ~~ . .~ ~ 0 llZn ~:, ~;"~ ~~;' ::; - -, s ;~oJ-;"o 7: "(j:t ~-"_'__ ("~,.~.-' t.'!"PFftg,! 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