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R94-47RESOLUTION NO. A RESOLUTION OF TH~ CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONSERVATION EASEMENT DEED TO THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, FOR THE BOAT CLUB PARK DREDGING PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has recently completed a channel dredging project at Boat Club Park; and WHEREAS, as a condition of the Department of Environmental Protection permit a conservation easement is required to be granted to the State over the 0.3 acres of created wetlands; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Conservation Easement Deed to the State of Florida, Department of Environmental Regulation for 0.3 acres of created wetlands. Section 2. upon passage. This Resolution shall take effect immediately PASSED AND ADOPTED this /c~ day of March, 1994. CITY OF BOY'ON BEACH, FLORIDA Mayor P~ ~ Commis s/i o~e~v ~ ATTEST: Ci~ Clerk -~ (Corporate Seal) Cons°Deed Boat Club Park. 3/10/94 Commissioner Form 28 CONSERVATION EA$.EN~.NT DR~n ST E:OF FLORIDA OF Tallahassee, Florida with Section 70~06, atta As KNOW ALL PERSONS BY THESE PRESENTS THAT in consideration for the Lssuance of State of Florida Department of. Environmental Regulation permit i Le Cit~ of Bovnton~Beach on ~9~~ 1992, the (Grantor) has granted to the State of Florida Department of Environmental Regulation, 2600 Blair Stone Road, (Granteep., ~a Conservation Easement in accordance Florida Statutes, in and-over the r~al property lorida, as set forth in the legal description tke Grantee. or It this Conservation Easement to whi ~e exception of included wetlands · ~n the aforementioned permit) forever predominantl~ i~ the natural of .a.re to ll be mainta ~n thewhich ibut not ~as p~ ~s or this to including Wetlands are roads.'sign~, future e f access to ~ and or.other substances or placing of trash, materials; trees, shrubs, or other ~ance and exotic~plant 'Grantee; Excaw ~emoval of loam, peat, gravel, soil, substance in such manner as to af~ 5. Surfa )ses that permit the land or , in its natural IN WITNESS WHEREOF, Grantor seal on this day of has hereunto set Grantor's hand and , 1991. Signed, sealed, and delivered in our presence of: WITNESS WITNESS GRANTOR ~RANTOR ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this (date), by (name officer or agent), of (name of Corporation), a (State or place of incorporation) corporation, on behalf Of the corporation. [Seal] Prepared by: Notary Public State of Florida My Commission Expires: (Name) (Address) CH/ch:22 Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; Acts or uses detrimental to such aforementioned retention and maintenance of land or water areas; and ( a~) 8. Acts or uses detrimental to the preservation of any features or aspects of the property having historical, archaeological or cultural significance. It is understood that the interpretive structure-referenced in above shall be from the uplands and from itsell s sha-rl 6 feet in diameter. s~ide of the area covered by-tkis easement. ~ This eaSement~does not :authorize~construCtion of said structure without-all necessary permits· is understood that of this Conservation Easement ent to enter 'the above reasonable times to assure compliance. Th~Grantor on.behalf of ~t~elf and itssuccesso~s or assigns ma1 a nd an~ andl · ~nure assigns. The terms and conditions of natural vegetative and Grantee a~d its successors Florida. ?ation g the and and from gation to the vegetative with the land ~Ssigns, an( rem~ .es are in addition to may be applicable under Cha] Any forbearance on beka~f the Gr~ in the event Of the failur, antor to of this ~onservati0n Eas~ 11 not be waiver of the Grantee's ri 5ts hereunder in the subsequent failure of the Grantor to comply. Easement may be .... appropriate for such court of the In any enforcement be entitled to and the land to the at the time of tire and ~ermit. These or penalty which ~rcise its rights the provisions construed to be a of any