HomeMy WebLinkAboutR-1997-071 I
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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
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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.
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'MAYOR-PtMMISSIONER
ATTEST:
CITY CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
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CITY ATTORNEY
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1 RESOLUTION NO. 71-97
4'n4-w-1»! ic•Jo I'HSIKlF1rH �'•�
This inshument Prep"by:
StrphM V.Hoffman
1 Mastri=&Ckistimwv,PA
2750 North Federal Highway
Fort taudarfale•Florida 33066
(954)566.1234
FORM DEED OF CONVERSATWN EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this_day of
_ 19_,by of Dania a mutlicinal corporation of the State fo Florida. t—parria Beach
Botilnzd Dania Florida 33004 ("Grantof) 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 shalt include any successor or assignee of Grantee.
WrMSSETH
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
("Property"), and
WHEREAS,the Grantor desires to construct Baas Ero Outdoor World/ Sportsman's Park
("Project')at a site in Broward County,which is subject to the regulatory jurisdiction of South
Florida Water Management District ("District");and
WHEREAS,District Permit No. ("Permit")authorizes certain activities which
affect surface waters in and or of the State of Florida;and
WHEREAS,this Permit requires that the Grantor preserve and/or mitigate wetlands under
the District's jurisdiction;and
WHEREAS, the Grantor has developed and proposed as part of the permit conditions a
conservation tract and maintenance buffer involving preservation of certain wetland and/or upland
systems on the Property, and
WHEIREAS,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
704.060 Florida Statutes(1993),over the Property.
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MAY-23-1997 12:07 P•02
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Nak THE tE-OM in consideration ofthe issuance of the Permit to constrict and operate
the permitted activity, and as an inducemeet to Grantee in issuing the Permit, together with,other
good and valuable consideration,the adequacy and receipt of which is hereby aclmowledged,Grantor
hereby grants, creates, and establishes a perpetual Conservation Easemeni 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$dl force and ellect forever.
The scope,nature, and character of this Conservation Easement shall be as follows:
I. It isle purpose of this conservation easement to retain land or water area in their natural,
vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such arras as
suitable habitat for fish, plants or wildlife.
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
(a) To enter upon the Property at reasonable times and 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 area or features of the
Property that may be damaged by any inconsistent activity or use,
2. Except for restoration, creation, enhancement, maimenance and monitoring activities, or
surface water management improvements, which are permitted or req*ed 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
(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 oftrees, shrubs,or other vegetation,except for the removal
of exotic vegetation in accordance with a District approved maintenance plan;
(d) Excavation,dredging, or removal of loam, paint, gravel, soil,rock,or other material
substance in such manner as to afiF'et the surface;
(e) Surface use except for purposes that permit the land or water area to remain in its
natural condition;
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M Activities detrimental to drainage, flood control,water conservation, erosion control,
soil conservation, or fish and wildlifh habitat preservation;including but not limited
to,ditching,daring and fencing;
(g) Acts ofuscs detrimental to said aforementioned retention ofland or water areas;and
(h) Acts or uses within Grantor's regulatory jurisdiction 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 arc not prohibited herein and which arc 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 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 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 non-prevailing party in
such proceedings.
S. Fmforcement 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
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. 1f 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-
11. All notices,consents, approvals or other communications hereunder shall be in writing and
shall be deemed prepedy given if sent by United States certified marl, return receipt requested,
addressed to the appropriate party or successor-in-interest.
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12. The terms,conditions,restrictions and purpose of this conservation easement shag be inaerted
by Grantor in any subsequent deed or other legal instrument by which GnFntor 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 easenunt.
13. This conservation easement may be amended, altered, released or revoked only by written
agreement between the parties haeto or their heirs, assigns and suocensoiVin-interest,which shall
be filed in the public records ofBroward County,
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, coDhlons,
restrictions and purpose imposed with this conservation easement shall be binding upon Grantor,and
shalt continue as a servitude running in perpetuity with the Property.
Craautor hereby covenants with said Grantee that Q%utor is lawfiXy seized ofsaid Property
in fee simple;that the Property is flee and dear of all encumbrances;that Grantor has good right and
lawful mWxwity to convey this conservation easement;and that it hereby Hilly warrants and defends
the title to the conservation easement hereby conveyed against the lawfW claims of all persons
whomsoever.
IT WUNESS WHEREOF, Cb of Danis has hereunto set its authorized hand
this..-_.day of 19—
Signed,sealed and delivered
in the presence of. DANIA:
MY OF DANLA, a municipal corporation
of the State of Florida
By,
Attest: Print Name:
Title:
_ Date:
City Cleric-Auditor
Approved as to form and correctness:
By:
City Attorney
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STATE OF FLORIDA )
)SS.
COUNTY OF BROWARD )
On this_—,_day of 19_before me,the undersigned notary
public,personally appeared personally known to roe or
who has pruduced as identification and is the person
who subsenbed to the foregoing instrument and who did/did not take an oath, as the
of_ The C4 of Dania 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.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public- State of Florida
My commission expires:
South Florida Water Management District
Legal Form Approved
By:
Print Name: --
Title:
Date_
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