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Home My WebLink AboutR-1997-010 i i RESOLUTION NO. 10-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE CONVEYANCE OF A CONSERVATION EASEMENT TO 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 the conveyance by the City of Dania to Broward County 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 25 d Fe ary, 1997. R-COMMISSIONER ATTE : CITY CLERK- AUDITOR APPROVED AS TO FORM AND CORRECTNESS: c ar e�i C. a4g&-- CITY ATTORNEY 1 RESOLUTION NO. 10-97 tow _. ..... .r. ..• •t.un •.v �Y uuu YVIV UUMI 6 �.Ul.�ll, IjffUYL I , FORK".I?EED OF CONS RVATTON EASF,IvIl?NT THIS DEED OF CONSERVATION EASEIv1ENT("Conservation Easement") is given this_day of . 19_,by rho ('i n. .,F De^ta . (addr=) 100 N. Dania Beach Blvd., Dania, FL 33004 ("Grantor")to Broward County,a political subdivision of the State of Florida,its successors and assigns("Grantee"),whose Post office is 115 South Andrews Avenue,Suite 423,Fort Lauderdale,Florida 33301, and South Florida Stater Nanageoent located at 3301 Gun Club Road, A. Palm Beach, Florida 33416. VVIEiTA WHEREAS,the Grader is the owner ofoutain lands situated in Broward County,Florida,and more specifically described in Exhibit A, attached hereto and ftmrporatet herein by refereace and referred to herein as the"Property";and WHEREAS,the Grantor desires to construct(name of project portse"au -Puepe which project will impact wetlands under the regulatory jurisdiction of t1w Braward Coetrty ft Deparhnent of Natural Resource Protection(")NRP");aDd WHEREAS,DNRP Lictase No. CUcense )authorizes such impacts to wetlands on the Project site;and WHEREAS, the Grantor has developed and proposed as part of the license conditions a conservation tract, as described in bdubit B attached hereto and incorporated by reference ('Conservation Area,% mwlvmg eninmeerneat and preservation of the wetland systems on the Conservation Ayes;and WHMAS,the Grantor,in consideration of the consent granted by 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,TfuntuORE,in consideration of the issuance of License No. _trloonsttuct and operate the Project, Grantor hereby grants, creates, and establishes a perpetual Corraetvatie Eesenneat forthe Grantee upon the Conservation Area which shalt 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 fidl force and effect forever. J FEB-12-1997 15e25 407 635 0076 P.02 1 • ..• ...uw .•u Zvi uuu uuu uu1Vl s ufu.1 J WUUJ I `f The scope,natuo;and character of this Conservation Easement shall be as An 1. It is the purpose of the Conservation Easement to retain land or water of the Conservation Area in their natund,scams open,agriaritund or wooded condition and to retain such areas as suitable habitat for fish,plains or wME It is the purlwsc and intent of this Conservation F,asement to assure that the Conservation Area(with the exception of included wetlands which are to be enhanced or created as specified in the aforementioned Uoense)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 aeatecf shall be maintained forever in the enhanced or created conditions required by the License. To catty out this purpose,the fonowing rights are conveyed to Grantee by this easement: I (a) To enter upon the Conservation Ana in a reasonable manner and at reasonable tapes to auraeoomphanae 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 rimy be damaged by any inconastent activity and/or use. Oramee sl{all be entitled to recover the cost of restoring the land to the natural vegetative and hydrologic condition existiug at the time of execution of this Conservation Easement or to the vegetative and hydrologic condition required by the aforementioned License, wKehever 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 otboc activities and improvements related to the Conservation Area and permitted or required by the DNRP License,and the maintenance and monitw ng of the same regmted by the DNRP License,the fbIlowing aces are prohibited in or on the Conservation Area, to wit: (a) CPnstructiem or placing of buildings, roads, signs, billboards or other advertising, utilities,or other structures on or above the grand; (b) Llumping 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 spbstsnce in such manner as to affect the surface; J 2 FEB-12-1997 15:26 407 835 0076 P.03 u... ,y.J• ♦�.uu ..V, YV, YJJ YVIY Ll\Ml sVf,,..♦, MJVVY Vl (e) slll m use except fa pulpm that pennitthe land atara arm to remain b as aural condition; M Activities detrimental to drainage,flood control,water conservation, erosion control,soil conservation,or fish and wildr&habitat preservation;including but not limited to diking and fencing; (9) 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 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 S. Grantee shall not be responsible for any costs or liabilities related to the operation, upkwp 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 teal property taxes and assessments levied by competent authority on the Conservation Area 7. The tenets and coal itions of this Conservation Easement may be etfomed by the Grantee by injunctive rt ief and other appropriate available remedies, Any costa, including but not limited to reasonable attorneys fees and administrative, trial and appellate court costs which are incurred in enfnteing,judicially or odterwisq the terms and restrictions of this Conservation Easement, shall be borne by and recoverable against the non-prevaUmg party in such proceedings. In any action is which the Grantee prevails, the Grantee shall be entitled to recover the coat of restoring the Conservation Area to the neural vegetative and hydrologic condition existing at the time of amoution 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 say other remedy, fine or penalty which may be applicable under Chapter 27 of the Broward County Code of Ordinances. S. Enforcement of the terms and provisions 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 Grameds rights hereunder. J 3 FEB-12-1997 15:27 407 835 0076 P.04 "1 9. Grantee wilt hold this Conservation Easented exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement (RGept to another organization qualified to hold such interests under the applicable state laws. 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 rospons46hLties and liabilities associated with the Conservation Easement shall run with the Property described in Exhibit A,and be binding solely upon the foe simple title holder of the Property as required hereunder. t 1. 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 shill not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shah be deemed properly given if sent by United States certified mail, return receipt requested,addressed to the appropriate party or sucoessor-in-interest. 13. The terns, conditions, restrictions and purpose of this Conservation Easement ntt into be inserted by Grantor in any subsequent deed or other legal instrument by divests itself of any interest in the Property. Any future bolder of the Grantor's interest in the Property shall be notified in writing by Grantor of this Conservation Easement. i 14. This Conservation Easement may be emended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assdgna and successors-io- interest,which shall be filed in the public records in 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 coveoants, terns,coriftca%restrictions and purpose imposed with this Conservation Easement shall not only be binding upon Grmtor, but also its agents, heirs, mote era and assigns, and shall continue as a servitude running in perpetuity with.the Property described in Exhibit 'N. This Conservation Easement shall not be recorded in the Public Records until after its formal acceptance by the Broward County Board of County Commissioners. 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 Cons on Easement;and that it hereby filly warrants and defends the title to this Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. 4 FEE-12-1997 14:59 407 835 0076 P•05 Jr.r a•.r o, ax.Ju ,'DA xV/ OJJ Vu/u DI11U(1 61.11L11D vYYY " } IN WITNESS WHEREOF, has hereunto set dS authorized hand this_day of M . i . Signed, sealed and delivered A Florida Corporation in our presence as witnesses: By: (Print Name) Print Name: Title: (Print Name) I STATE OF FLORIDA COUNTY OF On this_day of . 199 before me,the undersigned notary public, personally appeared personally known to me or who has produced as identification'and is the person who subscribed to the foregoing instrument and who dididid not take an oath, as the(position) __,of(corporation)_ a Florida corporation,and acknowledged diet he/she executed the same on behalf of said corporation and that he/she was duty authorized to do so. IN WITNESS WHEREOF,I hereunto set my hand and official seal. NOTARY PUBLIC,STATE OF FLORIDA MY COMMISSION EXPIRES: NAME: COMMISSION NO: J 9 FE6-12-097 15:29 407 035 0076 P.06 4 CONSENT FOR FASEMENT BY DRT A Florida Banking Corporation By: Print Name: Title: Signed,sealed and delivered in our presence as witnesses: By. (Print Name) BY.'- (Print Name) STATE OF FLORIDA COUNTY OF On this day of 19g_, before me, the undersigned notary public, personally appeared personally known to me or who produced_ as Identification and is the person who subscribed to the foregoing instrument and who did/did not take an oath,as the(position)„ of(Mortgagee)--- a Florida Banking Corporation, and acknowledged that he/she executed the same on behalf of said corporation and that he/she was duly authorized to do so. IN WITNESS WHEREOF,I hereunto set my hand and official seal. I NOTARY PUBLIC,STATE OF FLORIDA MY COMMISSION EXPIRES: NAME: _ COMMISSION NO.: J 6 FEB-12-1997 15:30 407 835 0076 P.07 , l --- — -- ————- I A I I o rao aoa aT TE Ln I ............... . . . . � � `LICI• I � I+—r"u--�i j m i r CONSERVATION EASEMENT I LC I NSERVATION AREA " - -`� NM.I[[MNtINYM1 ' I,,1• • 1 lLllf[ � • la I I II Qo i:• 11 - 111°rtxl -- ----- tAerAv.I(tN./[ RAVENSW000 ROAD — roLevN.e°wNtAN°°0 oer....n.xsN A°[e r nnrt tYx a.aia JUGODSC AND asMTESIINC. EOPRDW PINI4EWjEn�I'Jx:xrxxlxa xxxroxArrxx °• EN*M E,dAWm.WOW COWIOUdn •NYIW ti.Y.v MIlONM11 rr [..NNnrw xw hNANw � ROM ° ! ._Q 4 .3 Irll I EXHIBIT "A° a v [ [ A j '. i I I i i I _� i __. . _ . �