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Home My WebLink AboutR-1997-082 i RESOLUTION NO. 82-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING RESOLUTION NO. 71-97, ADOPTED MAY 27, 1997, APPROVING THE CONVEYANCE OF A DEED OF CONSERVATION EASEMENT BY THE CITY OF DANIA TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO INCLUDE BROWARD COUNTY; A COPY OF THE DEED OF CONSERVATION EASEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That Resolution No. 71-97 approving the conveyance by the City of Dania to the South Florida Water Management District of a conservation easement, as described and set forth in the Deed of Conservation Easement, is hereby amended to include Broward County. A copy is attached hereto and made a part hereof as Exhibit"A". Section 2: That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on the 10 day of June 1997. X MAYOR-C9M ISSIONER ATT ,._) i CITYCLERI -AUDITOR APPROVED AS TO FORM AND CORRECTNESS: - L - CITY ATTORNEY 1 RESOLUTION NO. 82-97 RESOLUTION NO. 71-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE CONVEYANCE OF A CONSERVATION EASEMENT TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT, A COPY OF THE DEED OF CONSERVATION EASEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That the conveyance by the City of Dania to South Florida Water Management District of a conservation easement as described and set forth in the Deed of Conservation Easement, a copy of which is attached hereto and made a part hereof as Exhibit "A" be and the same is hereby approved and the proper city officials are directed to execute same. Section 2: That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on the 27 day of May 1997. MAYOR- MMISSIONER ATT T: i CITY CLERK- I OR APPROVED AS TO FORM AND CORRECTNESS: �� C dA, CITY ATTORNEY 1 RESOLUTION NO. 71-97 I , This instrument prepared by: Stephen V. Hotlinan Mastriana&Christiansen,P.A. 2750 North Federal Highway Fort Lauderdale,Florida 33066 (954)566-1234 FORM DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this day of , 19_, by CITY OF DANIA, a municipal corporation of the State of Florida, 100 W. Dania Beach Boulevard, Dania, Florida 33004 ("Grantor") to BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office is 115 South Andrews Avenue, Suite 423, Fort Lauderdale, Florida 33301 and the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, whose address is 3301 Gun Club Road, West Palm Beach, Florida 33406, collectively"Grantee." WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Broward County, Florida, and more specifically described in Exhibit A, attached hereto and incorporated herein by reference and referred to herein as the"Property", and i WHEREAS, the Grantor desires to construct Bass Pro Outdoor World/ Sportsman's Park ("Project'), which Project will impact wetlands under the regulatory jurisdiction of the Broward County Department of Natural Resource Protection ("DNRP"); and WHEREAS, DNRP License No. ("License") authorizes such impacts to wetlands on the Project site; and I WHEREAS, District Permit No. ("Permit") authorizes certain activities I! which affect surface waters in and or of the State of Florida; and i WHEREAS, the Project is also subject to the regulatory jurisdiction of the South Florida Water Management District("District"); and WHEREAS, the Grantor has developed and proposed as part of the license conditions a conservation tract, as described in Exhibit B attached hereto and incorporated by reference ("Conservation Area"), involving enhancement and preservation of the wetland systems on the i Conservation Area; and 1 1 '� d9 `"r 1 WHEREAS, the Grantor, in consideration of the consent granted License No. , is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes(1993), over the Conservation Area. NOW, THEREFORE, in consideration of the issuance of Permit No. and License No. to construct and operate the Project, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for the Grantee upon the Conservation Area which shall run with the Property as described in Exhibit A, and be binding upon the Grantor, its heirs, successors or assigns (hereinafter"Grantor"), and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. It is the purpose of the Conservation Easement to retain land or water of the Conservation Area in their natural, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish,plants or wildlife. It is the purpose and intent of this Conservation Easement to assure that the Conservation Area (with the exception of included wetlands which are to be enhanced or created as specified in the aforementioned License) will be retained and maintained forever predominantly in the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement. The included wetlands which are to be enhanced or created shall be maintained forever in the enhanced or created conditions required by the License. To carry out this purpose, the following rights are conveyed to Grantee by this easement: (a) To enter upon the Conservation Area in a reasonable manner and at reasonable times to ensure compliance and to enforce the rights herein granted, and to cross such portions of the property as reasonably necessary to exercise such right. (b) To enjoin any activity on or use of the Conservation Area that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Area that may be damaged by any inconsistent activity and/or use. Grantee shall be entitled to recover the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the vegetative and hydrologic condition required by the aforementioned License, whichever enhancement is the most environmentally desirable. These remedies are in addition to any other remedy, fine or penalty which may be applicable under Chapter 27,Broward County Code of Ordinances. 2. Except for the restoration,creation, enhancement,maintenance, and monitoring activities and other activities and improvements related to the Conservation Area and permitted or required by the DNRP License, and the maintenance and monitoring of the same required by the DNRP License,the following activities are prohibited in or on the Conservation Area, to wit: J 2 tow (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 vegetation as approved by DNRP; (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 diking and fencing; (g) Acts or uses detrimental to said aforementioned retention and maintenance of land or water areas; and (h) Acts or uses detrimental to the preservation of any features or aspects of the j Conservation Area having historical, archeological or cultural significance. 3. Grantor reserves all rights as owner of the Area, including the right to engage in uses of the Conservation Area that are not prohibited herein. 4. No right of access by the general public to any portion of the Conservation Area is conveyed by this Conservation Easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep and maintenance of the Conservation Area in the natural vegetative and hydrologic condition, existing at the time of the execution of this Conservation Easement, including the maintenance of enhanced or created wetlands in the vegetative and hydrologic condition required by the aforementioned License, and Grantor does hereby indemnify and hold harmless the Grantee from the same. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Conservation Area. i J 3 I 7. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injtmctive relief and other appropriate available remedies. Any costs, including but not limited to reasonable attorney's fees and administrative, trial and appellate court costs which are incurred in enforcing,judicially or otherwise, the terms and restrictions of this Conservation Easement, shall be borne by and recoverable against the non-prevailing party in such proceedings. In any action in which the Grantee prevails, the Grantee shall be entitled to recover the cost of restoring the Conservation Area to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the vegetative and hydrologic condition required by the aforementioned License. Venue for said actions shall be exclusively in the Seventeenth Judicial Circuit, in and for Broward County, Florida. These remedies are in addition to any other remedy, fine or penalty which may be applicable under Chapter 27 of the Broward County Code of Ordinances. 8. Enforcement of the terms and provision of the 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. I 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. i 10. Grantor's obligation to retain and maintain the Conservation Area forever predominantly in the vegetative and hydrologic condition as herein specified shall run with the Property described in Exhibit A, and shall be binding upon the Grantor, its heirs, successors or assigns and shall inure to the benefit of the Grantee, and its successors and assigns as more particularly set forth herein. The intent of this Conservation Easement is that the responsibilities and liabilities associated with the Conservation Easement shall run with the Property described in Exhibit A, and be binding solely upon the fee simple title holder of the Property as required hereunder. 11. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. All notices,consents, approvals and 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. J 4 13. The terms, conditions, restrictions and purpose of this Conservation Easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. Any future holder of the Grantor's interest in the Property shall be notified in writing by Grantor of this Conservation Easement. 14. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns and successors-in-interest, which shall be filed in the public records of Broward County. TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever. This Conservation Easement shall be recorded in the Public Records of Broward County and the covenants,terns,conditions, restrictions and purpose imposed with this Conservation Easement shall not only be binding upon Grantor,but also its agents, heirs, successors and assigns, and shall continue as a servitude running in perpetuity with the Property described in Exhibit"A". This Conservation Easement shall not be recorded in the Public Records until after its formal acceptance by the Broward County Board of County Commissioners. i Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Conservation Area in fee simple; that Grantor has good right and lawful authority to convey this Conservation Easement, and that it hereby fully warrants and defends the title to this Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. IT WITNESS WHEREOF, CITY OF DANIA has hereunto set its authorized hand this 29 day of May 19 97 I Signed, sealed and delivered in the presence of: DANIA: CITY OF DANIA By: , Attest: Print ame: Bib Mikes Title: Mayor ZZ Date: May 29, 1997 City Clerk for i by; Approved as to form and correctness: Cit n r By: rLCir^- City Attorney 1 STATE OF FLORIDA ) ) SS. COUNTY OF BROWARD ) On this 2 99 day of May 19 9 7 before me,the undersigned notary public,personally appeared_Bob Mikes, Mavor , personally known to me or who has produced as identification and is the person who subscribed to the foregoing instrument and who did/did not take an oath, as the Mayor, _ of TheCilyofDanig a municipal corporation of the State of Florida, and acknowledged that he/she executed the same on behalf of said City and that he/she was duly authorized to do so. I IN VMNESS WHEREOF, I hereunto set my hand and offic ial seal. � Notary Public- State of Florida My commission expires: OWMt E R SALTAtMACCNtA Notary pubtic•State or Rork7a My CmvrA9=Expires AW 12.1W (,_qn sgon/CC 3=13 6 ACCEPTANCE BY BROWARD COUNTY The Broward County Beard of County Commissioners hereby accepts this Conservation Easement. ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By: (Chair) Name: County Administrator and ex-officio Clerk of the Board of County Commissioners of Broward County, Florida Date: Approved as to form by Office of County Attorney, Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center; Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopierf (954) 357-7641 - By: Name: Title: South Florida Water Management District Legal Form Approved By: Print Name: Title: Date: 7 Vr11-lri! W;lam wui WMl/.IMll1'4lN IU SSb17dwe� A ✓•N1 DESCRLIMN. I A PORN OF HIGHLAND PARS UNIT NO.2,LYING IN SECTION 33.TOWNSHIP 50 SOUTH.RANGE 42 F.AST.A=GEDDIG TO 771E PLAT THEREOF. RECORDED IN PLAT BOOR li PAGE 29 OF IRE PUBLIC RECORDS OF BROWARD COUNTY.FLOMA.DESCRIBED AS FOLLOWS: I � .."`� COMMXjgING AT THE NORTHWEST CORNER OF SAID SECTION 33. THENCE ON AN ASSUMED R(SARINO'OF SOUTH. ALONG THE WEST I= OF SAID SECTION 33, A DISTANCE OF 726.00 FEET: i T[IIINCE� FAST, A DISTANCE OF 110.06 FEET TO THE POINT OF BBRHNNING: TTlF1NCE NORTH 07ROY03'FAST.A DisTANC6 OF 68.52 FEET:THENCE NORTH ot74'38-EAST.A DISTANCE OF 143M 0E7'; THENCE NORTH06'1376'WEST. A DWANCE OF 7421 FEET: THENCE NORTH !31T06'WEST.A DISTANCE OF 85.93 FEET,THE NCa NORTH 88'1ITS*EAST,ALONG ALIKE IIARA L WITH AND 30.00 FEET SOUTH OF.AS MEASURED AT RIGHT ANGLES TO SOUTH RIGHT OF WAY LLIiE'OP PM STREET AS SITOWN ON SAID FLAT.HIGHLAND PARK UNIT NO.2.A DISTANCE OF 4M.24 FRET: THENCE SOUTH00'21WWffiT, A DISTANCE OF V% FEET TO THE POINT OF CURVA OF A CURVE CONCAVE NORTHWESTERLY. THEM SOUTSERLY AM Y ALONG THE AMC OF SAID CURVE,HAVING A RADRA OF 395.72 AND A CENTRAL ANGLE OE 25'33'36' AND AN ARC DISTANCE OF 178.8E FEET TO TI P(LRTT OF COMPOUND CURVATURRE OF A CURVE CONCAVE�Y:THENCE SOUTHWESTERLY AND WESTERLY ALONG JIM ARC OF SAID CURVE. HAVING A RADIUS OF 326.00 FEET AND A CENTRAL ANGLE OF 61•J6'30': VCR AN ARC DISTANCE OF 3SL43 FEET TO A POINT OF TANGENCY: THENCE SOUTH SPI I'10'WEST,A DZTANCE OF 82.67 FEET TO THE POINT OF RBGDWM. wormlia�• , COMMENCING AT SAID NORTHWEST CORNER OF SECTION 33:THENCE ON AN ASSUMED BEARING OF SOUTp,ALONG SAID WEST LOB OF SECTION 23,A DISTANCE OF%999 FEET:THENIC i EAST. A Di4TANCL OP 82.69 FEET TO THE POINT OF H>�NNING:THENCE NORTH 9'$•17-EAST,A DISTANCE OF 50.6I W TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHERLY AND NORTTiHAbTERI.Y AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 36.00 PERT AND A CENTRAL ANGLE OF 78 lrW FOR AN ARC DISTANCE OF 4921 FEET TO THE 4pWT OF REVERES CURVATURE OF A CURVE CONCAVE TO TUB NORTH:THFINCS EASTERLY ALONG�ARC OF SAID CURVE. HAV=A RADIUS OF 474.10 PPET AND A CENTRAL ANGILB OF I9•SS'53'IPOR AN ARC DISTANCE OP L64.65 FEET TO.TIES POINT OF REVERSE CURVATURE OF A ' CUIeVB CONCAVE SOV[TLIPFSTERLY:T�"Z;NOKTBPilS1'FRi.Y.EASTERLY.SOITTYIEAS7FRT.Y AND SOVI1iERti.Y A[ONO THE ARC OP SAID CUAVB,HAVING A RADR)S OF 26.00 FEET AND A CENTRAL ANGLE OP 323'42'43' POR AN ARC DISTANCE OF 30 69 FEET TO A POINT OF 7ANfIENCY:TIDINGS SOUTH.A�DISTANCE OP 133.94 PELT I7atICE WEST.A D14YANCE OF 299.8E PST;THENCE NORTIT A DDTANCE OP 45_I I FELT TO TTTE POINT OF BBCiNPHNG. SAID LAOW BEING M THE CITY Of DANIA. BROWARD COUNTY. PLORTdA, CONTAIIONG S 800 ACRE."1 8OR LESS N�BEI19 M ARE BASED ON AN ASSUMED MRIDIAN WITH THE WEST LINE OF SECTION 33. 60SOUTH.RANGE 42 EAST BEARINGSOUTH. CERfIE ATF- WE 1D j Y CERTIFY THAT TSLS DESCRIPIION AND SSETCR CONFORMS TO THE WUN MUM . TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLOPMA,AS OLM34ED IN CHAkn 61GI7.6 MMMA ADMINISTRATIVE CODE), AS ADOPTED BY THE DEpARTkba OF UUSRNESS AND PROFESSIONAL REGULATION, BOARD OF PROFSS.AONAL SURVEYORS AND MAPPERS IN SFF[LME R. 1941. AS AMENDED. PURSUANT TO CHAPTER 472.m7 TIM FLORTDA STA7 USES. AND IS TRUE AND CORRECT TO THE BEST:OF OUR 3210VVLJM AND Bl"IEF. i (RAVEN THOMFSON h ASSOCIATES.INC. i ' I ' ! ' DENNIS M.BEALE I ; Pto6nioml gaw7m&Mnppa No.360E i So to of Florida SYr t a�2 jAias fiNMv. Af V&*L Asp 4#,,19P7 ,I rwaWppvl316 ! J� 85-72-IW? 03:15F" FPO" GRMFlLTHDVS07—�—�q__`�e`rp.. 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