R06-113
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:, 1 RESOLUTION NO. R06- {13 ,
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, I
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" 4 FLORIDA, ACCEPTING A DEED OF CONSERVATION I
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5 EASEMENT FROM CHILDREN'S SERVICES COUNCIL ,
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I, 6 OF PALM BEACH COUNTY, AND PROVIDING FOR AN
7 EFFECTIVE DATE.
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!: 10 WHEREAS, on August 16, 2005, site plan approval was granted for the Children's
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!; 11 Services Council on property containing natural scrub habitat; and
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r 12 WHEREAS, the purpose of this Easement is to ensure proper preservation of this i
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Ii 13 preserve in perpetuity; and
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14 WHEREAS, the City Commission upon recommendation of staff, deems it
, 15 appropriate to accept the Deed of Conservation Easement from Children's Services Council of i
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16 Palm Beach County,
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I: 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: I
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II' 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as i
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jl 20 being true and correct and are hereby made a specific part of this Resolution upon adoption
Ii 21 hereof i
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II 22 Section 2. The City Commission of the City of Boynton Beach, Florida does I
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Ii 23 hereby accept the Deed of Conservation Easement from Children's Services Council of Palm
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i 24 Beach County.
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r 25 Section 3. That this Deed of Conservation Easement will be recorded in the Public I
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fl 26 Records of Palm Beach County, Florida. I
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27 Section 4. This Resolution shall become effective immediately upon'passage.
S:\CA\RESO\Agrcements\Utilities\Dccd of Conservation Easement. Childrens ser:,ices, C6~ndi.doc
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2 PASSED AND ADOPTED this ~ day of June, 2006.
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, 4 CITY OF BOYNTON BEACH, FLORIDA i
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i 13 Commissio'
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19 Commissioner - Muir C. Ferguson
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21 ATTEST: I
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S:\CA\RESO\Agreements\Utilities\Deed of Conservation Easement; Childrens Services Council.doc
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Will Call 168
Prepared by, record and return to:
Peter L. Breton, Esq.
Moyle, Flanigan, Katz, Raymond,
White & Krasker, P.A.
625 N. Flagler Drive, 9th Floor
West Palm Beach, FL 33401
CFN 20060:3701'34
OR BK 20512 PG 0781
RECORDED 06/22/2006 13:56:46
Palm Beach County, Florida
Sharon R. Bock,CLERK & COKPTROLLER
Pgs 0781 - 811; (31pgs)
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this /(p'!11day of
fVJ Ai ,2006, by CHILDREN'S SERVICES COUNCIL OF PALM BEACH
COUNTY, a political subdivision of the State of Florida, with an address if 1919 N. Flagler Drive,
West Palm Beach, Florida 33407 ("Grantor") to the CITY OF BOYNTON BEACH with an address
of 100 E. Boynton Beach Boulevard, Post Office Box 310, Boynton Beach, Florida 33435
("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 defmed) 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 an office building ("Project") at a site in
Boynton Beach, Palm Beach County, which is subject to the regulatory jurisdiction ofthe CITY OF
BOYNTON BEACH ("City"); and
WHEREAS, City Permit No. ("Permit") authorizes certain activities
which affect land under the regulatory authority of the City in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate
wetlands and/or uplands under the City's jurisdiction; and
WHEREAS, the Grantor, in consideration ofthe 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, over the Property.
NOW, THEREFORE, in consideration ofthe issuance ofthe 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 shall run with the land and be binding upon the Grantor, and shall
remain in full force and effect forever.
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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
Management Plan ("Plan") described in Exhibit "B" attached hereto and incorporated herein
shall be retained and maintained in the enhanced or created conditions required by the Plan.
To carry out this purpose, the following rights are conveyed to the 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 Plan, 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 the 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;
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'
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G:\03249\17\Deed of Conservation Easement.doc
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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 rese~es all rights as owner ofthe Property, including the right to engage in uses of
the Property that are not prohibited herein and which are not inconsistent with any City rule,
criteria, permit and the intent and purposes of this Conservation Easement.
4. No right of access by the general public to any portion ofthe Property is 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 applicable real property taxes and assessments, if any, 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 ofthe terms, provisions and restrictions ofthis 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 this Conservation
Easement shall not be affected thereby, as long as the purpose ofthe 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 of Palm Beach County.
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G:\03249\17\Deed of Conservation Easement.doc
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, the Grantor has hereunto set is authorized hand this /fR.fh day
of ffJA Y ,2006.
THE CHILDREN'S SERVICE COUNCIL OF
PALM BEACH COUNTY,
a political subdivision of the State ofPlorida
Signed, sealed and delivered
in our presence as witnesses:
~~
Print Name: De~~A'" IA71>#JEnl
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Print Name: ~ Co~oo-
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
On this / b 'fI? day of LrYJ ~ ' 2006 before me, the undersigned notary
public, personally appeared Dari Bowman, personally known to me to be the person who subscribed
to the foregoing instrument and did not take an oath, as Chair of the CHILDREN'S SERVICES
COUNCIL OF PALM BEACH COUNTY, and acknowledge that she executed the same on behalf of
said political subdivision of the State of Florida and that she was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOT~TAlJf~
Pint Narne: ~ wvLelc.....
My Commission EXPirt SHARON WOLEK
(I) COrnmI DDQ232878
~ ExpiW 711812007
~~j Bonded lhN (800)432-4254
i iJOf....~ ~l.Jrida Notary Aawt. InC:
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C:\Documents and Settings\Deb\Local Settings\Temporary Internet Files\OLK63\Deed of Conservation Easement.doc
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D ARAMOUNT ENGINEERING GROUP
SKETCH AND LEGAL DESCRIPTION OF TWO PRESERVATION AREA
EASEMENTS IN LOT 91, QUANTUM PARK AT BOYNTON BEACH,
P.I.D. PLAT NO.8 P.B. 57 PG. 196, P.B.C.R.
CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNlY
DATE:
02 Clint Moore Road, Suite 142, Boca Raton, FL 33487 PROJECT:
ielephone: (561 )989-2280 Fax: (561 )989-2284 3220-PRES ESMT
State of Florida Certificate of Authorization No. LB3353
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LEGEND:
poc = POINT OF COMMENCEMENT
POB = POINT OF BEGINNING
ORB = OFFICIAL RECORD BOOK
PB = PLAT BOOK
PG = PAGE
P.B.C.R. = PALM BEACH COUNTY RECORDS
SEC = SECTION
TWP = TOWNSHIP
RGE = RANGE
~ = CENTER LINE
DRA""N BY:
REVISIONS
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DATE
SKETCH OF LEGAL DESCRIPTION
THIS IS NOT A LAND SURVEY
OS/23/06
SECTION 16 S. 17
hiP. 45 S., RGE. 43 E.
CITY OF BDYNTDNN BEACH
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SURVEYOR'S NOTES:
1. NO TITLE RESEARCH HAS BEEN CONDUCTED BY THIS FIRM INTO POTENTIAL
CONFLICTS WITH EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS
OF RECORD.
2. LIMITS OF THE PRESERVATION AREAS SHOWN HEREON WERE DETERMINED
FROM FIELD LOCATIONS OF AREAS MARKED AND DESIGNATED BY OTHERS.
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY THAT THE LEGAL DESCRIPTION AND SKETCH AS s:mWN
HEREON ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
SUBJE T9 NOTES AND SH HEREON.
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PREPARED FOR AND CERTIFIED TO:
STILES CONSTRUCTION COMPANY
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DATE:
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SHEET 1 OF 3
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PARAMOUNT ENGINEERING GROUP
SKETCH OF LEGAL DESCRIPTION OF lWO PRESERVATION AREA
EASEMENTS IN LOT 91, QUANTUM PARK AT BOYNTON BEACH,
P.I.D. PLAT NO.8 P.B. 57 PG. 196, P.B.C.R.
CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY
2 Clint Moore Rood, Suite 142, Boca Raton, FL 33487 PROJECT: DA TE:
,elephone: (561 )989-2280 Fax: (561 )989-2284 3220-PRES ESMT
State of Florida Certificate of Authorization No. LB3353 C.S.X, RAILROAD
~ (SECTION 93220-2403 FOOT R/W MAP)
SCALE=100' RAILROAD R/W LINE, EAST LINE
LOT 91 & PLAT LIMITS
NOO'30'27"W
N06'32'15"[
252.75'
500'53'23"W
448.21
PRESERVATION AREA EASEMENT NO.
12,570 Sq. Ft., More Or Less
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PRESERVATION AREA EASEME~T NO. 2
42.613 Sq. Ft.. More Or ess
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15.37'
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271.63'
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WEST LINE LOT 91
213.48'
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_ -- - HIGH RIDGE ROAD
_______ (TRACT 'C' P.B. 57. PC. 196. P.B.C.R.)
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SKETCH 0 LEGAL DESCRIPTION
THIS IS N T A LAND SURVEY
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SHEET 2 OF 3
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PARAMOUNT ENGINEERING GROUP
LEGAL DESCRIPTION OF TWO PRESERVATION AREA EASEMENTS
IN LOT 91, QUANTUM PARK AT BOYNTON BEACH,
P.LD. PLAT NO.8, P.B. 57 PG. 196, P.B.C.R.
CHILDREN'S SERVICES COUNCIL OF THE PALM BEACHES
12 Clint Moore Road, Suite 142. Boca Raton, FL 33487 PROJECT: \ DATE:
. elephone: (561 )989- 2280 Fax: (561 )989- 2284 3220- PRES ESM T OS/23/06
State of Florida Certificate of Authorization No. LB3353
I SHEET:
3 OF 3
TWO PRESERVATION AREA EASEMENTS LYING IN LOT 91, QUANTUM PARK AT BOYNTON
BEACH, P.LD. PLAT NO.8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 57 ON PAGE 196 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID EASEMENTS. ALSO, BEING IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, SAID PRESERVATION AREA
EASEMENTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PRESERVATION AREA EASEMENT NO.1:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 91, QUANTUM PARK AT
BOYNTON BEACH, P.LD. PLAT NO. 8 (NOTE: THE BEARINGS RECITED HEREIN ARE
RELATIVE TO THE QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.8 BEARING
DATUM WITH THE SOUTH LINE OF SAID LOT 91 HAVING A BEARING OF S89"57'03"W)
THENCE S89.57'03"W, ALONG THE SOUTH LINE OF SAID LOT 91 SAID SOUTH LINE
ALSO BEING THE NORTH RIGHT OF WAY LINE OF N. W. 22ND AVE. NOW KNOWN AS
GATEWAY BOULEVARD, A DISTANCE OF 31.00 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PRESERVATION AREA EASEMENT NO.1; THENCE N06.32'15"E,
DEPARTING SAID SOUTH LINE, A DISTANCE OF 252.75 FEET TO THE INTERSECTION WITH
THE EAST LINE OF SAID LOT 91; THENCE NOO"30'27"W, ALONG SAID EAST LINE OF LOT
91, A DISTANCE OF 198.91 FEET TO THE NORTHWEST CORNER OF SAID LOT 91;
THENCE S86"35'25"W, ALONG THE NORTH LINE OF SAID LOT 91, A DISTANCE OF 31.24
FEET; THENCE SOO"53'23"W, DEPARTING SAID NORTH LINE, A DISTANCE OF 448.21
FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID LOT 91; THENCE
N89"57'03"E, ALONG SAID SOUTH LINE OF LOT 91, A DISTANCE OF 11.13 FEET TO THE
POINT OF BEGINNING.
CONTAINING 12,570 SQUARE FEET, MORE OR LESS.
PRESERVATION AREA EASEMENT NO.2:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 91, QUANTUM PARK AT
BOYNTON BEACH, P.I.D. PLAT NO.8 (NOTE: THE BEARINGS RECITED HEREIN ARE
RELATIVE TO THE QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.8 BEARING
DATUM WITH THE SOUTH LINE OF SAID LOT 91 HAVING A BEARING OF S89"57'03"W)
THENCE S89"57'03"W, ALONG THE SOUTH LINE OF SAID LOT 91 SAID SOUTH LINE
ALSO BEING THE NORTH RIGHT OF WAY LINE OF N. W. 22ND AVE. NOW KNOWN AS
GATEWAY BOULEVARD, A DISTANCE OF 517.42 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PRESERVATION AREA EASEMENT NO.2; THENCE S89.57'03"W,
CONTINUING ALONG THE SOUTH LINE OF SAID LOT 91, A DISTANCE OF 122.43 FEET;
THENCE S81"24'25"W, CONTINUING ALONG SAID SOUTH LINE OF LOT 91, A DISTANCE
OF 2.06 FEET; THENCE N01"38' 42"W, DEPARTING SAID SOUTH LINE, A DISTANCE OF
271.63 FEET; THENCE N69"44'12"W, A DISTANCE OF 15.37 FEET; THENCE N05"16'04"E,
A DISTANCE OF 46.83 FEET; THENCE N22"44'41"E, A DISTANCE OF 80.79 FEET;
THENCE N87"56'05"E, A DISTANCE OF 69.37 FEET: THENCE S03"24'13"E, A DISTANCE
OF 243.84 FEET; THENCE N88"44'15"E, A DISTANCE OF 18.39 FEET; THENCE
S03"15'45"E, A DISTANCE OF 157.31 FEET TO THE POINT OF BEGINNING.
CONTAINING 42,813 SQUARE FEET. MORE OR LESS.
SHEET 3 OF 3
EXHIBIT liB"
PRESERVE MANAGEMENT PLAN
for
Children's Services Council
High Ridge Road
Boynton Beach, Florida
1.
Statement of Obiectives:
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The goal of the preserve management plan shall be to ensure the continued health, viability and
integrity of the native vegetation and native ecosystem located within the native preservation
areas on the project site through long term maintenance, monitoring and protection. The
vegetation on the site provides a native ecosystem consisting largely of Sand Pine
ridge/Coniferous Forest (FLUCCS Code 410) with mature, hurricane damaged canopy and
limited understory diversity. The management of the preservation areas shall be the
responsibility of the Children's Services Council, in perpetuity.
The primary objectives shall be:
1. Maintain existing plant communities.
2. Create a viable understory vegetation community and second generation of Sand Pine.
3. Continual removal of prohibited species and non-native invasive species.
4. Continual removal and protection from debris, litter and pollutants.
5. Continual protection from abusive pedestrian and site related activities.
Native Preservation Areas have been required by the City of Boynton Beach and consist of
approximately 1.24 acres (53,948 Sq. Ft.) and 0.35 acres (15,290 Sq. Ft.). The first Preservation
Area is located adjacent to the east right of way of High Ridge Road and comprises the entire
north-south width of the property and continues one hundred thirty four feet (134 ft.) of depth
into the property in an easterly direction. The second Preservation Area is located along the east
property line of the project site and extends for the entire length of the property line with a width
of thirty eight feet (38 Ft.) at the northern end and-twenty feet (20 Ft.) at the southern end. (See
attached Landscape Plan)
The Landscape Plan also identifies the landscape buffers as areas of native preservation and
protection. However, during clearing and transplanting operations, it was confirmed that no
native vegetation exists in these areas and an utility easement runs through the entire width and
length of the southern landscape buffer. The continuing maintenance of this easement has
precluded the growth of any desirable native vegetation.
II. Site Description:
The Childrens Services Council project site is an approximate 6.5 acre site situated on an inland
dune system which defines the highland ridge for this section of Palm Beach County. The
project site is located at the northeast corner of High Ridge Road and Gateway Boulevard,
immediately west of Interstate 95 and within the municipal boundaries of the City of Boynton
Beach. The project is located within the confines of the Quantum Business Park.
Immediately adjacent to the west of the site is High Ridge Road a four lane boulevard with
substantial commercial and residential traffic. To the east of the site are the Florida East Coast
Railroad tracks which also serve as the conduit for the Tri-Rail commuter rail system.
Immediately east of the railroad tracks is Interstate 95. To the south of the site is Gateway
Boulevard, which at this point is raised approximately 25 to 30 feet above the site though bridge
embankment to cross the Interstate. To the north of the site is the Tri-rail commuter station with
associated parking lot, bus terminal and other facilities.
Also of note is the existence of Florida Power and Light overhead utility lines near and running
parallel to the east property line and located approximately fifty feet (50 ft.) within the property.
Present and Historic Vegetation Communities:
The site is composed of two ecosystems, Sand Pine Ridge Community (FLUCCS 413) and Pine
Flatwoods (FLUCCS 411) dominated by severely hurricane damaged Slash Pine (pinus elliottii)
and Sand Pine (Pinus clausa). The understory consists of Live Oak (Quercus virginiana), Scrub
Oak (Quercus geminata), Chapman Oak (Quercus chapmanii), Red Bay (Persia borbonia), Saw
Palmetto (Serenoa repens), Rosemary (Ceratiola ericiodes), Deer Moss (Cladonia spp.),
Staggerbush (Lyonia ferruginea) and Tallow-wood (Ximenia americana). The understory is
dominated in some areas with large stands of Saw Palmetto while other areas have scattered
individual specimens. There is little infestation within the interior of the site with Brazilian
Pepper, while the edges are almost continuously surrounded with this plant. There are no
Australian Pine or Melaleucas found on the site.
There is little to no evidence of a second generation of Sand or Slash Pine being generated on
the site, but this is largely due to the location of intense development on all sides of the property
where such regeneration would naturally exist. The significant Pine canopy cover of the site is a
contributing factor in reducing or eliminating regeneration within the project site.
The project site was considered a "pristine" Sand Pine forest prior to the hurricanes of 2004 and
2005 which devastated the center of this forest and eliminated many of the tallest trees. The
subsequent reduction of overhead tree canopy has resulted in internal infestation of the site with
Brazilian Pepper.
No evidence of seasonal or historic flooding is present on the site. The existing slope of the land
and the fine "sugar sand" provide superior drainage of this area which has not been diminished
by surrounding development.
Surrounding properties to the south have utilized strong native planting concepts incorporating
Slash Pines, Saw Palmetto and Live Oak. Development to the west of the site is pending and
intensely utilized roadways lay to the east and south of the site.
The areas set aside for Native Preserves include strong central areas of existing Sand and Slash
Pine with Oak and Saw Palmetto understory with surrounding edge areas which have been
utilized for relocation of native plant materials from other parts of the site.
General Veeetation Tvpes on Site:
Slash Pine
Sand Pine
Live Oak
Scrub Oak
Chapman Oak
Red Bay
Saw Palmetto
Rosemary
Deer Moss
Staggerbush
Tallow-wood
Soil TVpes:
(Pinus elliottii)
(Pinus clausa)
(Quercus virginiana)
(Quercus geminata)
(Quercus chapmanii)
(Persia borbonia)
(Serenoa repens)
(Ceratiola ericiodes)
(Cladonia spp.)
(Lyonia ferruginea)
(Ximenia americana)
The predominant soils on the project site are S1. Lucie series and Urban soils. St Lucie series are
generally found on the coastal ridge and other elevated knolls in the flatwoods. They are
excessively drained, very rapidly permeable soils that formed in thick deposits of marine or
eolian soils. Generally these soils are gray in color to three inches depth and white below that
level.
Hvdrolo(:ic Conditions:
No evidence of seasonal or historic flooding was observed on the site. Additionally, no wetlands
or transitional wetland species were identified. The site drains from the west towards the east,
then to adjacent roadways and railroad rights of way. Surrounding development does not appear
to have affected the drainage characteristics of the site, largely due to the distinct topography and
well drained sands found on the site.
Exotic and Invasive Species:
Invasive vegetation on the site appears to be limited to Brazilian Pepper (Schinus terebinthifolius)
and Schefflera (Brassaia actinophylla). The Brazilian Pepper is largely concentrated along the
edges of the property where the existing tree canopy has been disturbed or eliminated by
surrounding development, largely of roadways. All existing invasive vegetation shall be removed
from the site during and following construction.
Specimen Trees:
Numerous Slash Pine and Sand Pine trees across the site will meet the definition of Specimen
Tree as defined by Palm Beach County's Unified Land Development Code and local arborists.
The strategy for preserving the best and most specimen trees was to place the Preservation Areas
where the largest concentrations of these trees were located. The entire Preservation Areas were
protected by barricade fencing during the clearing and vegetation relocation process and are now
secured by continuous barricading and silt fence along all Preservation Area boundaries.
Listed Plants or Animals:
No listed plants or animals were observed on site before or during clearing and vegetation
relocation operations.
III. Construction Phase:
1. Barricading of Preserve Boundaries:
Continuous construction fencinglbarricade has been be placed along the entire perimeter of the
Preservation Areas on both sides of the project site. In addition to the barricading which is bright
orange plastic mesh attached to 2x4 stakes, a silt fence has been placed on those sides which may
be subject to erosion.
All removal of invasive vegetation within the Preserve Areas has been done by hand with limited
follow-up use of herbicides to prevent re-emergence of unwanted invasive vegetation.
Herbicides were selected that had a reduced potential for impact to adjacent native species. All
herbicide use was done by Florida licensed applicators.
With the exception of equipment used for transplanting, no machinery has been allowed within
the Preservation Areas. Additionally, as each portion of the Preservation Area was planted with
relocated vegetation with tree-spade equipment, that part of the Preserve was fenced off to
protect it form continuing operations.
2. Proposed Clearing Activity Methodologies/Schedule:
Clearing of the site took place following identification an fencing of the Preservation Areas and
identification/flagging of all desirable native vegetation to be relocated. Meetings were held with
the City EnvironmentalistJForester at each of these steps and sign-offs were secured for record
keeping and approvaVcompliance purposes.
The schedule of events took place as follows:
A. All primary vegetation protection fences shall be installed per Landscape Architect.
B. All trees and vegetation to be relocated shall be tagged and/or flagged with labels and
noted on inventory forms.
C. All trees to be removed and mitigated shall be flagged with colored survey ribbon.
D. The Landscape Architect will meet with the City Forester to verify flagging and inventory.
E. Begin selective Clearing of the relocation areas per Landscape Architect's direction.
F. Meet with City Forester to review clearing and proposed grading of relocation areas.
G. Install temporary irrigation system in relocation/mitigation areas.
H. Begin transplanting of vegetation to relocation areas.
1. Prepare mitigation plan for vegetation to be removed and replaced.
J. Secure approval from City and begin mitigation planting.
K. Final inspection of landscape, relocation/mitigation planting and remove primary
barricades.
M. Install final barricades and fencing of Preservation Areas.
N. Clear and grub remaining "developable" areas of site.
O. Landscape Architect provides Certification Letter for relocation/mitigation work.
3. Long TeTm Viability of Relocated/Mitigated Vegetation
All relocated and mitigated vegetation shall be subject to the replacement warranties and
conditions applicable to all landscape materials on site. Any mitigated or relocated vegetation
that dies or seriously declines in health shall be replaced with vegetation of the same size, quality
and species. The Preservation Areas shall be keptfree of invasive weeds and plants which may
affect the health of relocated and mitigated vegetation.
4. PTohibited Activities
Within the Preservation Areas, during and after construction, there shall be no intrusion of any
vehicles or equipment, machinery or storage of materials. Additionally, there shall be no
dumping or storing of materials, chemicals or waste water. The Preservation Areas shall not be
used for parking of any kind nor shall they be as a staging or activity area. In summary, no
activities which may disturb the vegetation or wildlife shall be permitted within the Preservation
Area boundaries.
5. Prohibited and Invasive Non-Native Species Removal and Control
All prohibited and invasive non-native plants shall be removed from the entire project area
including the Preservation Areas and Landscape Buffers prior to Certificate of Occupancy. Hand
clearing shall be the only method of invasive plant removal utilized within the Preservation Area
boundaries and within the dripline of trees scheduled for preservation. Chemicals shall be used
as needed and permitted to prevent re-emergence of unwanted species. No use of heavy
equipment shall be allowed in the Preservation Areas. All chemicals shall be applied by a Florida
licensed applicator.
The Preservation Areas shall be monitored quarterly in perpetuity for re-emergence of prohibited
and non-native invasive species. All new growth shall be hand removed or chemically treated. If
prohibited or non-native species invasion continues to be a problem, new eradication techniques
will be implemented in coordination with the City of Boynton Beach. The project area, including
Preservation Areas and landscape buffers shall be monitored quarterly and maintained free of
prohibited and non-native invasive plant materials in perpetuity.
A combination of mechanical, manual (by hand), and chemical methods will be utilized,
dependent upon the species to be removed. No heavy machinery will be used within Preservation
Areas. All herbicides shall be used in strict accordance with EPA and/or special use labeling.
Potential herbicides, such as (but not limited to), Garlon 3A, Garlon 4, Roundup and Rodeo may
be utilized. Herbicides will be selected that have a reduced potential for impact to surrounding
native vegetation. Seedlings, where possible, will be removed by hand. Herbicide treatments
shall be performed by a Florida licensed applicator.
Vegetation and debris removed shall be disposed of in accordance with all applicable local, State
and Federal guidelines.
6. Drainage and Erosion Control
A. Existing Topography:
The project site slope from the west towards the east approximately 16 feet. The site is
surrounded on two sides by roads which have steep adjacent slopes which may be cause for
erosion on and onto the site. While the soils are highly pervious drained sands, the steepness of
the slopes will still be subject to erosion once the grassy groundcover is disturbed by construction
and vegetation relocation operations.
B. Proposed Drainage and Erosion Control:
Erosion control methods shall consist of erosion control fabric fences being installed immediately
adjacent to roadways abutting the project site, tops of slopes and bottoms of slopes to prevent
erosion and erosion "silting" of plants existing at the bottoms of slopes. Where "wash-outs"
occur, the Contractor shall be responsible for repair and additional silt fence installation. All silt
screens, fences and other devices or materials used to control erosion shall be removed at time of
Certificate of Occupancy, unless otherwise determined by the Project Landscape Architect or
Engineer.
FAILURE TO COMPLY WITH THESE GUIDELINES DURING CONSTRUCTION SHALL
BE CONSIDERED A VIOLATION OF THE VEGETA TION RELOCATION/REMOVAL
PERMIT AND APPROVED PRESERVATION AREA MANAGEMENT PLAN. FURTHER
WORK ON THE PROJECT MA Y BE STOPPED UNTIL COMPLIANCE WITH THE
GUIDELINES OF THE APPROVED PRESERVATION MANAGEMENT PLAN HAS BEEN
ACHIEVED.
IV. Long Term Maintenance:
1. Proposed Manazement Methodolovies:
Long Term Maintenance and Monitoring:
Monitoring for prohibited and invasive non-native plant species shall be conducted quarterly for
the first year, bi-annually for the second year and annually thereafter in perpetuity. This
monitoring shall be conducted by the Owner or a qualified biologist or landscape architect.
It shall be the responsibility of the Project Owner to maintain the Preservation Areas free of
prohibited and invasive non-native plant species in perpetuity.
Management techniques shall be utilized primarily to remove prohibited and non-native plant
species, as well as trash and debris from Preservation Areas. Additionally, the Project Owner
shall be required to utilize such means as are necessary to ensure that there is no vehicle,
pedestrian or other intrusions into the Preservation Areas which would result in damage to the
plant or wildlife.
Routine management methods/maintenance shall consist of the following items:
A) Trash and debris shall be removed manually from the Preservation Areas and
placement of such shall not be permitted. Removal of trash and debris shall be
done on a quarterly basis at a minimum or as needed, in perpetuity.
B) Removal of prohibited and non-native invasive species shall be done manually on
a quarterly basis, in perpetuity.
C) Encroachment into the Preservation Areas shall be prohibited and prevented by
utilizing the following:
* Chain Link Fencing where the Preservation Areas abut parking.
* Signs posting the area as a Preservation Area.
* Continued education of employees and others regarding importance of
Preservation Areas and minimizing impact to the same.
NOTE:
If pedestrian intrusion from neighboring uses, especially the Tri-Rail facility,
are determined to be the cause of alteration, deterioration or damage to the
Preservation Areas, additional fencing requirements may be imposed.
2" Methods for Invasive and Non-Native Exotic Veretation Control:
The project area, including Preservation Areas and Landscape Buffers shall be monitored
quarterly and maintained free of prohibited and non-native invasive plant species in perpetuity.
A combination of mechanical, manual (by hand), and chemical methods will be utilized,
dependent upon the species to be removed. No heavy machinery will be used within Preservation
Areas. All herbicides shall be used in strict accordance with EP A and/or special use labeling.
Potential herbicides, such as (but not limited to), Garlon 3A, Garlon 4, Roundup and Rodeo may
be utilized. Herbicides will be selected that have a reduced potential for impact to surrounding
native vegetation. Seedlings, where possible, will be removed by hand. Herbicide treatments
shall be performed by a Florida licensed applicator.
Vegetation and debris removed shall be disposed of in accordance with all applicable local, State
and Federal guidelines.
3. Prohibited Activities:
Mowing, weed-eating, sodding, trimming, fertilization, permanent irrigation, dumping, grubbing,
or any other alteration which will adversely impact the Preservation Areas shall not be permitted.
Additionally, there shall be no use or storage of vehicles, storage of materials,
recreational/playground equipment, man-made structures or animals within the Preservation
Areas. Any activity or item which may degrade or alter the Preservation Areas shall not be
permitted.
4" Proposed Uses:
The Preservation Areas on site are not planned for any types of activities within their boundaries.
If at a future time a mulch path and/or other passive recreational activities are conceived for this
area, appropriate written permission shall be first obtained from the City of Boynton Beach
subject to whatever permitting procedures they may require.
5. Drainafe and Erosion Control:
Erosion control methods shall be utilized during construction to ensure no negative impacts to the
Preservation Areas or surrounding environment. Typical methods of control shall include, but are
not limited to, silt fabrics and fences, hay bales and geotextile fabrics. Hay bales shall be located
and staked at critical areas of outfall or flow and where problems may develop during
construction. The goal of silt screens and fences shall be to control and prevent the flow of
sediments into the Preservation Areas. All silt screens, hay bales and other materials or devices
used to control erosion during construction shall be removed at the time of issuance of the
Certificate of Occupancy unless otherwise directed by the Project Landscape Architect or
Engineer.
Post development stormwater runoff shall be directed away from the Preservation Areas and
Landscape Buffers to the extent that they will provide excess water or be the cause of erosion.
Swales, berms and other constructed drainage structures shall be designed and used in the grading
of surrounding features such as parking lots, sidewalks, roads and activity areas to direct
stormwater away from the Preservation Areas. It is important to maintain some level of
storm water flow into these areas, as they have historically flowed, or it may begin to transition to
a different type of ecosystem.
Parking and drive areas shall be sloped away from the Preservation Areas and the use of pipes
and inlets shall be considered where stormwater impact could have a negative effect on native
plants and environment. The Preservation Areas shall not be used for water retention or
conveyance or excessive discharge of stormwater. Post-construction runoff into the Preservation
Areas shall not exceed pre-construction conditions.
J;: Conclusions:
1. Affidavit of Responsibility:
The developers/Owners of the property, Childrens Services Council, shall be responsible for
carrying out the duties described in the approved Preservation Area Management Plan. Transfer
of ownership from the developer/owner to any other party shall include the transfer of the rights
and responsibilities associated with the approved Preservation Area Management Plan.
The legally deeded property owners shall maintain responsibility for the Preservation Areas in
perpetuity.
Property which changes ownership is subject to disclosure laws notifying the new owners of this
Preservation Area Management Plan and any outstanding code enforcement issues. Results of
code enforcement violations will be assumed by the owner of the property on which the violation
occur. Failure to disclose in writing the existence and nature of a proceeding to the prospective
transferee creates a rebuttable presumption of fraud.
Failure to comply with these guidelines will be considered a violation of the permit and approved
05/19/2305 14:15
5514933054
SEMINOLE BAY LAND CO
PAGE 03/03
Preservation Area Management Plan. Further work on the projeot may be stopped until
compliance with the guidelines of the approved Preservation Area Management Plan is achieved,
The City of Boynton Beacb shall have the right to enforce the provisions of the Preservation
Management Plan through any available administrative or civil proceeding which may result in
1X~:nalties. Appropriate re-vegetation and other remedies may be req.uired of any person7
c(~rporation or other entity found in violation of any provisions of the approved Preservation Area
Management Plan.
J'"LtjppendixlExlfibits:
1. Location Map
z. Aerial Photograph/Map
3. 11" x 17" Site Plan
4. List of Native Species found on Site
5. List of Exotic and Non-Native Invasive Species roaud on S.ite
6. Color Photographs 0' Typical Vegetation found on Site
7. West Preservation Area Photographic Key/Map
8. Photographs of West Preservation Area
9. East Preservation A~ Photographic KeylMap
10. Photographs of East Preservation Area
11.. Vegetation Barrieade Detail
12.. Vegetation Relocation and Mitigation Summary
,. LOCATION MAP
W NO SCALE
LANTANA Road
BYPOLUXO Road
PROJECT
SITE
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GATEWAY Blvd.
PROJECT INTRODUCTION
The project site is Ioc:ated at the Northeclst comer of Gateway Boulevard and High Ridge Road in
Boynton Beach, Florida. Representing a remaining fragment of an interior dune system, the site is covered
with scattered Sand Pine (Pinus clausa) and limited Slash Pine (Pinus ellotti) in a xeric environment built
upon "sugar sand" with Deer Moss, Scrub Oak, Chapman Oak, Saw Palmetto and Wire Grass. Invasive
vegetation dominates disturbed edges of the site to a typical depth of 30 feet along High Ridge Road and
the Tri-Rail Access Road. Umited desireable native vegetation exists within these fringe areas.
Within the main body of the site, Sand Pines dominate the environment providing a canopy that
shades the undenstory and limits the density of Saw Palmetto and other typical undenstory shrubs. Only
one Wax Myrtle was discovered within the interior of the site, but significant areas of Chapman Oak and
Scrub Oak were observed. These areas of Oak were much denser where openings in the Pine canopy
provided "cleo rings. where sunlight reached the forest floor.
No evidence of gopher tortoise activity was present within the areas surveyed, nor were any
endangered, or listed species of plants or animals observed on any of the four site visits.
Aerial Photograph of Site
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Cbildrens Services Council
Native Plant Species found on Site:
(Pinus elliottii)
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(Ximenia americana)
Invasive. Exotic and Non-Native Invasive Species found on Site:
Schinus terebinthifolius
Syzygium cumini
Brassaia actinophylla
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05/19/2~05 14:15 5514933054
SEMINOLE BAV LAND CO
PAGE 02/03
Exhibit # 12
Childrens Services Council
Vegetation Relocation and Mitigation Summary
May IS) 2006
~ 51 Trees required to be Transplanted (totaling 530 caliper inches=average 2.1 Cal inch/tree)
183 Trees actually Transplanted (at 2.1 inchesltre~384.3 Total)
VefiCilmcy of 145.7 inches of caliper to be mitigated.
102 Saw Palmetto required to be transplanted
125 Saw Palmetto actually Transplanted
}\ '0 deficiency of Saw Palmetto to be mitigated.
3 50 Sand Pine (1 Gal. Containers@ lI8" CaI.) "'" 43.75 caliper inches
11H.95 Caliper inches of Pines still to be mitigated (815.6 additional container Pines to be
pJ anted)
R, ~port Prepared by: David Keir, Landscape Architect
Seminole Bay Land Company, Inc.
MOYLE, FLANIGAN, KATZ, RAYMOND, WHITE & KRASKER, P.A.
ATTORNEYS AT LAW
Office Address:
625 North Flagler Drive - 9th Floor
West Palm Beach, Florida 33401-4025
Post Office Delivery:
P.O. Box 3888
West Palm Beach, Florida 33402-3888
Telephone: (561) 659-7500
Facsimile: (561) 659-1789
PETER L. BRETON
BOARD CERTIFIED REAL ESTATE LAWYER
Direct Line: (561) 822-0385
E-mail: pbreton@moylelaw.com
Tallahassee Office
(850) 681-3828
Wellington Office
(561) 227-1560
December 28, 2006
City of Boynton Beach
City Clerk's Office
Attn: Valerie
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Re: Children's Services Council of Palm Beach County
Deed of Conservation Easement to City of Boynton Beach
Dear Valerie:
Pursuant to your conversation yesterday afternoon with my secretary, Susan Weser,
enclosed is a certified copy of the recorded Deed of Conservation Easement that you requested.
Very truly yours,
)
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"'- ..../ '5? '
/;,~ Z~Z; . _ ~/~ -;-r---
I / ' L/ d (-c;;7~~'l-
i:/ Peter L. Breton
PLB:smw
Enclosure
Ocl032491171Ltr Boynton Bch 12-28-06.wpd