HomeMy WebLinkAboutCity of Tamarac Resolution (305)Temp. Reso. #9943 1
October 10, 2002
CITY OF TAMARAC, FLORIDA
RESOLUTION NO, R-2002-,50.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A DEED OF
CONSERVATION EASEMENT AND AGREEMENT
BETWEEN THE CITY OF TAMARAC AND THE
DEPARTMENT OF PLANNING AND ENVIRONMENTAL
PROTECTION APPROVING THE PLACEMENT OF A
CONSERVATION EASEMENT ON THE PUBLIC SERVICES
COMPLEX SITE LOCATED AT 6001-6011 NOB HILL ROAD
TAMARAC, FLORIDA; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE THE ATTACHED DEED OF
CONSERVATION EASEMENT AND AGREEMENT;
AUTHORIZING AND DIRECTING THE CITY CLERIC TO
RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF
BROWARD COUNTY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac, owner of the Public Services Complex Site,
which is located at 6001-6011 Nab Hill Road (a copy of which is attached hereto in map
form as "Exhibit 1 "); and
WHEREAS, the Public Services Complex Site will impact wetlands under the
regulatory qurisdiction of the Broward County Department of Planning and
environmental Protection (DPEP), and
Temp. Reso. #9943 2
October 10, 2002
WHEREAS, the Owner is obligated by DPEP to execute a Deed of Conversation
Easement and Agreement for the impact of wetlands on the Public Services Complex
Site; and
WHEREAS, it is the recommendation of the Director of Utilities that the Deed of
Conservation and Easement Agreement be executed for the Public Services Complex
Site; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the citizens and residents of the City of Tamarac to execute a
Deed of Conservation Easement and Agreement for the Public Services Complex Site
located at 6001-6011 Nob Hill Road; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; THAT.
SECTION 1: The foregoing "WHEREAS` clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
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Temp. Reso. #9943 3
October 10, 2002
SECTION 2: The appropriate City Officials are hereby authorized to
execute a Deed of Conservation Easement and Agreement (a copy of which is attached
hereto as "Exhibit 2°) for the Public Services Complex, located at 6001-6011 Nob Hill
'O.•
SECTION 3: The City Clerk is hereby authorized and directed to record
said document in the public records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid„ in part or, application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
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Temp. Reso. #9943 4
October 10, 2002
This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 23rd day of October, 2002.
c
JOE SCHREIBER
MAYOR
ATTEST:
1
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I have
Approved this RESOLUTION as
to for'
MITCHEL S. KRAFT
C ITY.ATTO RN EY
JD/DM RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: V/M. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS.
Exhibit "2"
Document prepared by:
Return recorded document to:
Department of Planning & Environmental Protection
Biological Resources
218 S.W. 1 Avenue
Fort Lauderdale, FL 33301
DEED OF CONSERVATION
EASEMENT AND AGREEMENT
(Wetlands)
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given
this da of ( ,. Cit of Tamarac
,Z Y _-� 2 G c: W. b y y
(address) 7525 NW 88th Avenue, 'Tamarac, Florida 33321 -2401
("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.
WITNESSETH
WHEREAS, the Grantor is the owner of certain !ands 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
WHEREAS, the Grantor desires to construct (name of project)
Public Services Complex
on the Property, which Project is subject to the regulatcry jurisdiction of th
WHEREAS, DPEP License No.
wetlands on the Project site; and
e
("License") authorizes impacts to
WHEREAS the Grantor has developed and proposed as park of the license
conditions a conservation tract, as described in Exhibit B attached hereto and incorporated
by reference (''Conservation Area"), involving creation, restoration, enhancement and/or
;ter-eservation of the wetland systems on the Conservation Area-, and
WHEREAS, the Grantor, in consideration cf the consent grunted by the License is
acreeable to granting a.nd securinc to the Grantee perpetual Ccnse-vation Easerent as
.refined n Sect or, '�,�-' u5, Florida Statutes ` 0,00 , as amended, over the Consvr�Utiorl
r,rea.
NOW, THEREFORE, in consideration of the issuance of the License to construct
and operate the permitted activity, 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 Exhibits A and B, and be binding upon the Grantor,
its agents, 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 and water of the
Conservation Area in their natural, vegetative, hydrologic, 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, restored 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, restored, or created
shall be maintained forever by the Grantor, its heirs, successors, or assigns, in the
enhanced, restored 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 (Exhibit B) in a reasonable manner and
at reasonable times with any necessary equipment or vehicles to ensure
compliance and to enforce the rights herein granted, and to cross such
portions of the Property (Exhibit A) 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 to Grantee.
These remedies are in addition to any other remedy, fine or penalty which
may be applicable under the most recent versions of Chapter 27, Broward
County Code of Ordinances, or otherwise which may be available by law.
a.�Ce•-reg.wpd (Rev 02/0 `.
This form prepared by Broward county Attorney's Office Page 2 of 8
2. Except for the restoration, creation, enhancement, maintenance, and monitoring
activities and other activities and improvements related to the Conservation Area
that are permitted or required by the License, the following activities are prohibited
in or on the Conservation Area, to wit. -
(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 nuisance and exotic vegetation as approved by DPEP;
(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
ish and wildlife habitat preservation; including
control, soil conservation, or f
but not limited to ditching, 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
Conservation Area having historical, archeological or cultural significance.
3. Grantor reserves all rights as owner of the Conservation Area, including the right
to engage in uses of the Conservation Area that are not prohibited herein and which
are not inconsistent with the intent and purpose of this Conservation Easement.
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 and Grantor does hereby
indemnify and hold harmless the Grantee from the same.
a \ce- reg wpd (RZ -v 02/0' 1
phis form prepared by 3row3,d COo n9.y P,ttomeys Office Page 3 of 8
6. Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the Conservation Area.
7. The terms and conditions of this Conservation Easement may be enforced by the
Grantee by injunctive relief and other 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 the most recent versions of Chapter 27 of the Broward County
Code of Ordina:-ices, or as otherwise provided by law.
8. Enforcement of the terms and provisions of the Conservation Easement shall be at
the roasonable 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. 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 Exhibits A and B, 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 Exhibits A and B, 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 Fasement shall not be affected thereby, as long as the purpose
of the Conserv_ tion Easement is preserved.
a "CC req.wpd Rev.C'/CI',
Dm �ty tteney's Offcchi:meage of
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. The terms, conditions, restrictions and purpose of this Conservation Easement shall
be inserted by Grp-ntor in any subsequent deed or other legal instrument by which
Grantor conveys and/or divests itself of any interest in the property described in
Exhibits A or B. Any future holder of the Grantor's interest in the property described
in Exhibits A or B 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, terms, 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 Exhibits A and B. 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 the Conservation Area 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 this Conservation Easement hereby conveyed against the lawful claims
of all persons whomsoever.
(Intentionally left blank)
a CG rcg wod (Rev Q7!01
1 his form prepared by Drovrard Cour;n y Attorney's Office Page 5 of 8
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST -
EXECUTED BY CITY OF TAMARAC
GRANTOR
Y
Jo,e,Schreiber
Mayor
Date:
By:
,f /,'Jeffrey L. 4v Ier
By: t ' City Manager
Marion Swenson, CIVIC
Date:
Approve a� to f a r
Mitchell S. Kr t,
SS City"Attorney,_�
COUNTY OF _ `�L�-�1 �
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Jl L< ?` J f,°�4 Z' //t,'/(� -to me known to e the person(s) described in and
who executed the fore oing instrument and llE cknowledged before me and
under oath that executed the same"'
WITNESS my hand and official seal this , -� day of�
20L.
City Clerk
STATE OF FLORIDA
( v Personally known to me, or
Produced identification
C.
NOTARY PUBLIC, State of Florida
at Large
COY ON Thomas L Schneider
a
r Y My Commission DD007446
o. w Expires March Oa, 2w6
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( t, DID NOT take an oath
Page 6 of 8
Mortgage Subordination
By signing below mortgage holder agrees the lien of any mortgage on the real property
described in Exhibit "A° and Exhibit "B" shall be subordinate to the subject conservation
easement.
Signed, sealed and delivered
in our presence as witnesses:
By
Print name:
BV
MORTGAGEE
n
By:
Print Name:
Title:
Address:
Banking Corporation
Print name:
(CORPORATE SEAL) day of 120
ACKNOWLEDGMENT - CORPORATION
STATE OF
COUNTY OF
On this day of 20 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
did/did not take an oath, as the (position) , of (corporation)
a Florida 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.
NOTARY PUBLIC
Signature of Notary Public
Print, type, or stamp Commissioned Name
Affix Seal Below
a ` L-reg.wpd (Rev 02101 )
Page 7 of 8
i his form prepared by Brcward i:ounty Attorney's Office
ACCEPTANCE BY BROWARD COUNTY
The Broward County Board of County Commissioners hereby accepts this
Conservation Easement for DPEP License No.
ATTEST:
BROWARD COUNTY, through its
BOARD OF COUNTY
COMMISSIONERS
County Administrator and
Ex-Officio Clerk of the By
Board of County Commissioners of
Broward County, Florida
day of , 20
Approved as to form by
Office of County Attorney
Broward County, Florida.
EDWARD A, DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By
Assistant County Attorney
a.\ce-reg,wpd (RevOMI)
This form, prepared by 3rcward County Aflorney's Office Page 8 of 8
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Exhibit "B"
SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
p rd 5381 NOB HILL ROAD PLS
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778
E—MAIU: surveys Copulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION #LB3870
LEGAL. DESCRIPTION: PROPOSED WETLANDS MITIGATION AREA
A PORTION OF TRACT 1 OF "TAMARAC UTILI'IIES ADMINISTRA`•.ON PLAT" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 143, PAGE 28 OF THE PU13LIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCE AT THE NORTHEA`, 1 CORNER OF SAID TRACT 1; 'THENCE SOUTH 89'19'54'° WEST ALONG THE NORTH LINE
OFSAID TRACT 1 FOR 054.25 FEET; THENCE SOUTH 09'06'00" EAST 18.94 FEET TO THE POINT OF BEGINNING OF
THE PROPOSED WETLANDS MITIGATION ARFA HEREINAFTER DESCRIBED; THENCE CONTINUE SOU1H 09'06'00" FAST
65.79 FEET; THENCE SOUTH 10':32'55" EAST 91.94 FEET; THENC-SOUTH 21'46'35" EAST 70.45 FEET; THENCE
SOUTH 30'06'57" f"AST 31,20 FEET; THENCE SOUTH 02'`>9'15" EAST 17.15 FEET TO A POINT ON THE ARC OF A
CIRCULAR CURVE CONCAVE NORTHWEST, THE RADIUS POINT OF WHICH BEARS NORTH 65'26'54" WEST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 12,33 FEET, THROUGH A CENTRAL ANGLE
OF 61•'11'36", AN ARC DISTANCE OF 13.81 FEET TO A POINT OF TANGENCY; THENCE SOUTH 88'44'42° WEST 213,68
FI:::ET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE NORTHEAST; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET, THROUGH A CENTRAL ANGLE OF 81'46'39", AN ARC
DISTANCE OF 14.27 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE WEST; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 970,15 FEET, THROUGH A CENTRAL ANGLE OF
16'08'53", AN ARC DISTANCE OF 273.42 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE
CONCAVE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET,
THROUGH A CENTRAL ANGLE OF 114'57'26", AN ARC DISTANCE OF 20.06 FEET TO A POINT OF TANGENCY; THENCE
NORTH 89'19'54" EAST 228.05 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTHWEST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET, THROUGH A CENTRAL
ANGLE OF 81'34'06", AN ARC DISTANCE OF 14,24 FEET TO A POINT OF TANGENCY, THE POINT OF BEGINNING.
SAID PROPOSED WETLANDS MITIGATION AREA CONTAINING 64,700 SQUARE FEET, 1.4853 ACRES.
NOTES:
1) BEARINGS ARE: BASED ON THE NORTH LINE OF TRACT 1 BEING S89'19'54"W.
2) `PHIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY,
3) THIS SITE IS LOCATED IN THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 49 SOUTH,
RANGE 41 .FAST, BROWARD COON IY, FLORIDA,
4) L DENOTES CENTRAL ANGLE.
5) DENOTES CENTERLINE,
FILE: MILLER CONSTRUCTION
SCALE: N/A
ORDER NO.- 43529
DATE: 09/27/02
6011 NOB HILL ROAD
TAMARAC, BROWARD COUNTY, FLORIDA
FOR1 MILLER CONSTRUCTION
SHEET 1 OF 2 SHEETS
Joh Pulice, Professional Surveyor and Mapper #2691, State of Florida
et Ann Shields, Professional Surveyor and Mapper #6136, State of Florida
9
SKETCH AND LEGAL DESCRIPTION
RY
POLICE LAND SURVEYORS, INC.
5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
LLLPHONE: (954) 572-1777 FAX: (954) 572-1778
C-MAII: su rve yz.,cPpu I icel and surveyors- corn CERTIFICATE OF AUTHORIZATION #LE3870
N.E. CORNER SE 1/4
NORTH LINE S.E. 114 SECTION 7-49-41 SECTION 7-49-41
'T 4
LANAI, V3IGHT-01`-WAY --- S89`1 9'54"W 954.25'
N89'1 9'54"L 228.05'
RADIUS-10,00P
A-1 14"57'26"'
ARC-20.06' B
HADIUS-10-00' T,
ARC=14.24' c 's
RADIUS-970.15"
rA
&=16'08'53"
ARC=273.42'
Yq 1) 54,E
4
S88'44'42"W 213,683'
ADIU H jt�S='0.o0'
=831 4 6"'.
666
ARC-14.27' ',
.00, RADIUS-12 33'
A=64-1 I'M';
ARC= 13.81
M - ------ ---- 68.00,
POINT OF
DINT OF
\NORTH UNE COMMENCEMENT
—GINNING TRACT I
CD N.E. CORNER
cD- TRACT I
CD
PROPOSED WETLANDS
MITIGATION AREA 0'
64,700 SOUARE FEET Cr
(P
1.4853 ACRES —j
01. CP
TRACT 1
ra 01
z
C�
FILE: MILLER CONSTRUCTION
SCALE: V-200'
ORDER NO.- 43529
DATE: 09/27/02
6011 NOB HILL ROAD
TAMARAC, BROWARD COUNTY, FLORIDA
FOR: MILLER CONSTRUCTION
SHEET 2 OF 2 SHEETS
hn F. P,,Ii,,, Professional Surveyor and Mapper #2691, State of Florida
Beth Ann Shields, Professional Surveyor and Mapper #6136, State of Florida