HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-159June 13, 2001 - Temp Reso #9338 1
Revision No. 1 - June 14, 2001
Revision No. 2 - June 20, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-159
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE ATTACHED
AGREEMENT BETWEEN THE CITY OF
TAMARAC AND INDUSTRIAL DEVELOPMENT
COMPANY OF AMERICA, LLLP, APPROVING
AN ENVIRONMENTAL MITIGATION PROGRAM
AT THE MCNAB ROAD PARK PROPERTY IN
EXCHANGE FOR THE PROVISION OF ALL
PERMITTING, SURVEYING AND
CONSTRUCTION AND PLANTING PLANS AND
ACCEPTING COMPENSATION IN AN AMOUNT
NOT LESS THAN $25,000.00; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO
EXECUTE THE ATTACHED JOINT FORM DEED
OF CONSERVATION EASEMENT AND
AGREEMENT; AUTHORIZING THE WAIVER OF
ALL CITY PERMIT FEES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Industrial Development Company of America, LLLP owns a parcel
of land within the Tamarac Commerce Park; and
WHEREAS, the Developer is desirous of constructing an industrial building on said
parcel ("Project"); and
WHEREAS, the Project will impact wetlands under the regulatory jurisdiction of the
Broward County Department of Planning and Environmental Protection ('DPEP") and
South Florida Water Management District ("SFWMD"); and
June 13, 2001 - Temp Reso #9338 2
Revision No. 1 - June 14, 2001
Revision No. 2 - June 20, 2001
WHEREAS, the developer is obligated by DPEP and SFWMD to undertake
environmental mitigation activities for the impact of wetlands on the Project site; and
WHEREAS, the City of Tamarac owns approximately 8.2 acres of property
commonly known as McNab Road park property located at the corner of the Sawgrass
Expressway and McNab Road located within the Tamarac Commerce Park; and
WHEREAS, the City of Tamarac is desirous of having their parcel developed into a
park commonly known as the McNab Road park property; and
WHEREAS, the developer has requested permission to meet the obligations for
environmental mitigation activities by creating a wetland mitigation area on a portion of the
McNab Road park property; and
WHEREAS, the developer has agreed to provide all permitting, surveying and
construction and planting plans services at his expense; and
WHEREAS, the developer has additionally agreed to compensate the City in an
amount not less than $25,000,00 for the use of a portion of the Park as a mitigation area;
and
WHEREAS, the South Florida Water Management District (SFWMD) requests that
in consideration of the consent granted to construct a wetland area at the McNab Road
park property, the City agrees to grant and secure a perpetual conservation easement; and
WHEREAS, the proposed work is to be performed on City property; and
WHEREAS, historically permit fees are not collected for work performed on City
June 13, 2001 - Temp Reso #9338 3
Revision No. 1 - June 14, 2001
Revision No. 2 - June 20, 2001
property; and
WHEREAS, the Director of Community Development, Director of Parks and
Recreation and the Director of Public Works have reviewed the Mitigation Plan and the
Joint Form of Conservation Easement and Agreement and found them acceptable; and
WHEREAS, the Director of Community Development, Director of Parks and
Recreation and the Director of Public Works recommend approval of the Environmental
Mitigation Agreement (Exhibit "I"), the Joint Form Deed of Conservation Easement and
Agreement (Exhibit "2"), and the waiver of all City permit fees; 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 approve the request
from Industrial Development Company of America, LLLP and to execute the Environmental
Mitigation Agreement and to accept compensation for the use of a portion of the McNab
Road park property as a wetland mitigation area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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.
SECTION 2: That the City Commission hereby authorizes the appropriate
June 13, 2001 - Temp Reso #9338 4
Revision No. 1 - June 14, 2001
Revision No. 2 - June 20, 2001
City Officials to approve and execute the Environmental Mitigation Agreement (attached
hereto as Exhibit "1 "), accepting the provision of all permitting, surveying and planting plan
services and compensation from Industrial Development Company of America, LLLP in an
amount not less than $25,000.00 for the use of a portion of the McNab Road park property
as a wetland mitigation area.
SECTION 3: That the City Commission hereby authorizes the appropriate
City Officials to execute a Joint Form Deed of Conservation Easement and Agreement
(attached hereto as Exhibit "2")
SECTION 4: That the City Commission authorizes the appropriate City
Officials to waive all City permit fees in relation to the work performed by Industrial
Development Company of America, LLLP to complete the scope of work outlined in the
Environmental Mitigation Agreement.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 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.
I.
L
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11
June 13, 2001 - Temp Reso #9338 5
Revision No. 1 - June 14, 2001
Revision No. 2 - June 20, 2001
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 27t" day of June, 2001.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this /
REs6lUTION as to form.
LTCHELL 9,JKRAFT
CITY ATTORNEY
com mdev\u:\pats\userdata\wpdata\res\9338reso
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN_
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERT-S
EXHIBIT ' 1"
TEMP RESO #9338
AGREEMENT BETWEEN
CITY OF TAMARAC
AND
INDUSTRIAL DEVELOPMENT CO.
OF AMERICA, LLLP
FOR
ENVIRONMENTAL MITIGATION
IN
CITY OF TAMARAC PARK
Word\PRJ Documents1160-3 Agreement With City of Tamarac 06/13/01
This Environmental Mitigation Agreement ("Agreement") dated this day of
.I_U L , 2001 is entered into by the CITY OF TAMARAC, a Florida municipal
corporation ("the City") and INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida
Partnership, 4100 N. Powerline Road, Suite B-2, Pompano Beach, FL 33073 ("Developer").
WIT NESSETH:
WHEREAS, Developer owns certain land in the City upon which Developer desires to
construct industrial buildings ("Project"); and
WHEREAS, the Project will impact wetlands under the regulatory jurisdiction of the Broward
County Department of Planning & Environmental Protection ("DPEP") and South Florida Water
Management District ("SFWMD"); and
WHEREAS, Developer is obligated by DPEP and SFWMD to undertake environmental
mitigation activities for the impact of wetlands on the Project site to fulfill SFWMD requirements and
partially fulfill DPEP requirements; and
WHEREAS, Developer is obligated by DPEP to undertake environmental mitigation activities
in an off -site location to fulfill all of the mitigation requirements imposed by DPEP; and
WHEREAS, the City owns and controls certain real property as described as a portion of
Tract 16, Section 7, Township 49 South, Range 41 East, "Florida Fruit Lands Company's Subdivision
No. 2", according to the Plat thereof, as recorded in Plat Book 1, at Page 102, of the Public Records
of Palm Beach County, Florida, lying in the City of Tamarac, Broward County, Florida referred to as
McNab Road Park Property ("Park"); and
WHEREAS, the City and DPEP require approval of the Mitigation Plan described herein and
the City agrees to allow Developer to take credit for 0.50 acres of the mitigation shown in the
Mitigation Plan; and
WHEREAS, the development of the Mitigation Plan shall be in accordance with the Specific
Conditions of DPEP Environmental Resources File No. 00-17780; and
WHEREAS, the City Staff has reviewed and recommends approval of the conceptual
Mitigation Plan attached hereto as Exhibit "A" ("Mitigation Plan"); and
NOW, THEREFORE, and in consideration of mutual terms, conditions, promises, covenants
and hereafter set forth, City and Developer agree as follows:
1. Recitals. The above recitals are true and correct and are hereby incorporated herein.
2. City Consent. The City hereby grants its approval and consent to the Mitigation Plan.
It is expressly understood by all parties that the City has only granted the Developer permissive
rights and this Agreement shall not operate to create or vest any property rights in Developer.
3. Developer Duties.
(a) Developer shall apply for and obtain conceptual Water Management Permit
and Excavation Permits from DPEP and SFWMD in accordance with the Mitigation Plan and within
the terms and conditions of this Agreement. In addition, the Developer shall apply for and obtain an
Engineering Excavation Permit from the City of Tamarac for the excavation of the 570 foot canal and
the construction of the 1.61 acre mitigation area. The City acknowledges that fees for the
Engineering Excavation Permit have been provided for under separate Agreement and will not be
Word\PRJ Documents\160-3 Agreement With City of Tamarac 06/13/01 2
submitted at the time the Permit is issued. No other Permits will be required by the City unless the
scope of the Project within the context of this Agreement increases beyond the Engineering
Excavation Permit limits. Actual construction of the canal and construction, maintenance and
monitoring of the wetland mitigation area shall not be the responsibility of the Developer.
(b) Developer shall prepare construction plans and planting plans for the 1.61
acre wetland mitigation area in accordance with reasonable standards established by the City and in
conformance with the Mitigation Plan.
(c) Developer shall prepare a legal description for the drainage canal right-of-way.
(d) Developer shall deliver simultaneously upon execution of the Agreement
$25,000.00 (twenty-five thousand) to be placed in a City account for the use of City Property,
perpetual maintenance of the Park and the City of Tamarac Engineering Excavation Permit fee.
(e) Developer shall prepare for execution by the City a Joint Form Deed of
Conservation Easement, including a legal description of the 1.61 acre Mitigation Plan, granting and
securing to DPEP, a perpetual Conservation Easement as defined in Section 704.06, Florida
Statutes (2000).
(f) Developer shall satisfy all fees associated with the permit process for the canal
and mitigation construction.
4. Indemnification. Developer, by acceptance of this Agreement, covenants and agrees
to investigate all claims related to the activities performed by Developer and to indemnify, protect
and hold harmless, the City and its officers, agents and employees from any and all lawsuits, claims
and actions arising out of this Agreement which are as a result of the negligent acts or omissions of
the Developer. This provision is subject to the limitations of liability as provided in Section 768.28 of
the Florida Statutes, and does not act as a waiver of the Developer's or City's entitlement to
sovereign immunity as a matter of statutory and common law.
5. Notice of Failure to Comply. In the event that either party fails to perform any of the
terms, conditions under this Agreement, the complaining party shall provide written notice requiring
the satisfactory and immediate correction of such failure within thirty (30) days. The non -
complaining party shall provide an answer to such notification within fifteen (15) days of the notice.
If the non -complaining party fails to answer and/or fails to take reasonable steps toward a remedy of
the failure, the complaining party shall have the right (but not the obligation) to have such failure
remedied and any monies expended by the complaining part shall be the obligation of and shall be
reimbursed by the non -complaining party.
6. Termination. Developer's obligations under terms of this Agreement shall be
considered satisfied upon completion of the Mitigation Plan and acceptance by the permitting
agencies at the end of the five (5) year monitoring period.
7. Acknowledgment. The City acknowledges that it has the perpetual responsibility for
maintaining the Mitigation Area as permitted by DPEP File No. 00-17780.
8. Insurance Requirement. Any Professional Engineering firm retained by the Developer
to design facilities that are to be constructed on City property shall be required to provide the City
with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per
occurrence and in the aggregate.
Word\PRJ documents\160-3 Agreement With City of Tamarac 06/13/01 3
9. Contact Individual. The City shall designate an individual with whom Developer and
its consultants can coordinate all activities and approvals required by this Agreement. Unless
otherwise notified in writing, the individual shall be as follows:
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321-2401
10. Miscellaneous.
A. Entire Agreement. This Agreement sets forth all of the promises, covenants,
agreements, conditions and understandings between the parties hereto, and
supersedes all prior and contemporaneous agreements, understandings,
inducements, or conditions, express or implied, oral or written, except as
herein contained.
B. Assignments; _Amendments. It is agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal
dignity herewith.
C. Severability. The invalidity of any provision hereof shall in no way effect or
invalidate the remainder of this Agreement.
D. Notices. Any notice and other communications required or permitted to be
given hereunder shall be in writing and transmitted by messenger, certified
mail, or return receipt requested, to be delivered as follows:
To the City: City Manager
City of Tamarac
7525 NW 881h Avenue
Tamarac, FL 33321-2401
Copy to: City Attorney
City of Tamarac
7525 NW 881h Avenue
Tamarac, FL 33321-2401
To Developer: Lee S. Lasser
Industrial Development Co. of America, LLLP
4100 N. Powerline Road
Suite B-2
Pompano Beach, FL 33073
Copy to: Peter D. Slavis
Ruden, McClosky, et.al.
200 East Broward Boulevard
Fort Lauderdale, FL 33301
E. Governing Law and Venue. This Agreement shall be construed in accordance
with the laws of the State of Florida, and any proceeding arising between the
parties in any matter pertaining to this Agreement shall, to the extent permitted
by law, be held in Broward County, Florida.
Word\PRJ Documents\160-3 Agreement With City of Tamarac 06/13/01 4
F. Binding Effect. This Agreement shall be binding upon and enforceable by and
against the parties hereto, their personal representatives, heirs, successors,
grantees and assigns.
G. Attorneys' Fees. Should either party hereto bring an action against the other
to enforce the terms and provisions hereof, then the party prevailing in said
action shall be entitled to a judgment against the other for his reasonable
attorneys' fees and costs.
Word\PRJ Documents\160-3 Agreement With City of Tamarac 06/13/01 J
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature.
ATTEST:
By:
City Clerk
CORPORATE SEAL
CITY OF TAMARAC
CITY OF TAMARAC, a Florida municipal
corporation
By: -�
Mayor
Word\PRJ Documents\160-3 Agreement With City of Tamarac 06/13/01 6
Signed, sealed and delivered
In the presence of:
107,
Print Name:
Print Name:/� a
0ff
STATE OF FLORIDA )
) SS:
COUNTY OF )
INDUSTRIAL DEVELOPMENT CO.
OF AMERICA, LLLP, a Florida
Partnership
Print Name: Z.. eZ=
Title:
Address: L I D b &"X 11 t"
2 vio 130-a33023
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, the foregoing
instru nt was acknowledged before me by L_eet 5. L the
of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida
Partnership, freely and voluntarily under authority duly vested in him/her by said corporation
and the seal affixed thereto is the true corporate seal of said corporation. He/She is
personally known to me or who has produced as identification.
WITNESS my and and official seal in the County and State last aforesaid this
1_,1�7 day of 120
Notice Public
Ann Mittelman
: = MY COMMISSION # CC645639 BMW
July 21, 2001
BONDED THRU TROY FAIN INSURANOR, IW'
Typed, Printed or Stamped Name of Notary
1mle ff;
My Commission Expires:
Word\PRJ Documents\160-3 Agreement With City of Tamarac 06/13/01 7
Mc NAB RD.
569.91'
PROPOSED CITY OF TAMARAC PARK
TRACT 16
E
NORTH
NTS _
7L1�
w
MdMI 14T.
W w
w w Wes'
w w W
20' CANAL MAMT. ESNT.
CANAL L♦_,
— 570.00'
SWIM,
MITIGATI❑N SUMMARIES
1.11 AC - ARCH ALUMINUM
0.50 AC - McNAB BUSINESS PARK
TOTAL AREAS
1.61 AC OF CREATED WETLANDS
CL
0
Q
n W
'° W
w .89 AC ❑F SHALLOW MARSH
w w
.57 AC OF TRANS. SLOPE
.15 AC OF GAT❑R HOLE
STAFF GAUGE
EXHIBIT " A " Na I REMSM DATE ffy,
2 1 aARFY - AS AORMENT E10M 5mzm PRJ
BROWARD 1 um"Tm 1/10/01 AS
CITY ❑F TAMARAC PARK ANAMMU
HILLIP R. JIMRUSTI PROJECT 87-1
287-1
OFF -SITE MITIGATION & ASSOCIATES, INC. Cam. NAME
FOR: ECOLOGICAL ENGDaMM ARCH ALUM
ARCH ALUMINUM WAREHOUSEFNVIRONNIMAL CONSULTANTS nx 0 RA Mir
McNAB INDUSTRIAL PARK 12730 S.W. tM Court ATAMARAC, FL DAV¢• FIARIDA 33= 1/11/01
BROWARD COUNTY, 7-49-41 (954) 970-6870 1 SHEET 6 OF 8
Exhibit 11211
TEMP RESO #9338
JOINT FORM DEED OF CONSERVATION
EASEMENT AND AGREEMENT
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given
this ,.92, day of ,OW, by ��lSra-5' /DcJ � AclC- , (address)
4,r�� _, ("Grantor")
to the South horida Water Management District, 3301 Gun Club Road, West Palm Beach,
Florida 33406, and to Broward County, a political subdivision of the State of Florida, its
successors and assigns (collectively referred to as "Grantee"), whose post office is 115
South Andrews Avenue, Suite 423, Fort Lauderdale, Florida 33301.
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
WHEREAS, the Grantor desires to construct McNab Road Park Property
("Project") on the Property, which Project is subject to the regulatory jurisdiction of the
South Florida Water Management District ("District") and the Broward County Department
of Planning and Environmental Protection ("DPEP"); and
WHEREAS, DPEP License No. ("DPEP License") and District -Permit
No. ("District Permit") authorizes certain activities that may impact
wetlands or may require the preservation of wetlands on the Project site; and
WHEREAS, the Grantor has developed and proposed as part of the license and
permit conditions a conservation tract, and buffers, as described in Exhibit B attached
hereto and incorporated by reference ("Conservation Area"), involving creation,
restoration, enhancement and/or preservation of the wetland and/or upland systems on
the Conservation Area; and
WHEREAS, the Grantor, in consideration of the consent granted by the DPEP
License and District Permit, is agreeable to granting and securing to the Grantee a
perpetual Conservation Easement as defined in Section 704.06, Florida Statutes (1999),
as amended, over the Conservation Area.
a:te-jnt.vrpd (Rev.03/00) page 1 of 8
NOW, THEREFORE, in consideration of the issuance of the DPEP License and District
Permit, 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 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/or 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 DPEP License
and District Permit) 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 DPEP License and District Permit. 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 DPEP
License and District Permit, 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 Chapter 27,
Broward County Code of Ordinances, Rule 40E-4, F.A.C., Chapter 373,
Florida Statutes, or otherwise which may be available by law.
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 DPEP License and the District Permit, the
following activities are prohibited in or on the Conservation Area, to wit:
aN>-- Jnt.vvN (Rev. 03/00) page 2 of 8
(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 and District;
(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 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.
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
a:\Oe jnt.vvpd (Rev. 03100) Page 3 of 8
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 DPEP License and District Permit.
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, Rule 40E-4, F.A.C., Chapter 373, Florida Statutes, or
as otherwise provided by law.
B. 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 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 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 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. 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.
a:te-jnt.wpd (Rev.03/00) page 4 of 8
TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever. This
Conservation Easement shall be recordbd' h: f'wPd1Yft'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.
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:+ce-jnt.wpd (Rev.03/00) Page 5 of 8
IN WITNESS WHEREOF, the CITY OF TAMARAC, through its authorized
representative has made and executed the Agreement on the respective dates under each
signature.
ATTEST:
By:
Marion Swenso�nC, MC/, City Clerk
Date: `c •�� l o
STATE OF FLORIDA
:SS
COUNTY OF droWAAD
CITY OF TAMARAC, FLORIDA
By: ��-
go—eSchreiber, Mayor
Date.
40� By: r� L r•Gk-
.1111f el Jeff y L. Miller, City Manager
Date: �� o
Approved as to form and legal
Su ' ycy:
Mitchell S. Kra ty ttorney
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, personally appeared
,gyp€ ,SdtjAErd&X t TeEEF �*! L- ��of the City of Tamarac, a Florida Municipality,
to me known to be the person(s) described herein and who executed the foregoing instrument
and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this
OFFICIAL NOTARY SEAL
, JUNE A WHITE
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC775720
MY COMMISSION EXP. SEFr 15,2002
7 day of , 2001.
NOT PUBLIC, State of Florida at
Large
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
(Personally known to me or
( ) Produced Identification
Type of I.D. Produced
) DID take an. oath, or ( I DID NOT take an oath.
a:\ce-jnt.wpd (Rev.03100) 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:
RV
Print name:
Rv
Print name.
MORTGAGEE
n
By:
Print Name:
Title:
Address:
(CORPORATE SEAL) day of
(date)
ACKNOWLEDGMENT - INDIVIDUAL
STATE OF )
) ss.
COUNTY OF )
Banking Corporation
The foregoing instrument was acknowledged before me this day of
(date), by who is
[ ]personally know to me, or
[ ] produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal)
Print name:
My commission expires:
a:te-jnt.vvpd (Rev.03/00) Page 7 of 8
ACCEPTANCE BY BROWARD COUNTY
The Broward County Board of County Commissioners hereby accepts this
Conservation Easement for DPEP License No.
ATTEST:
County Administrator and Ex-Officio
Clerk of the Board of County
Commissioners of Broward County,
Florida
BROWARD COUNTY, through its
BOARD OF COUNTY
COMMISSIONERS
M
Name
day of
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
Name
Assistant County Attorney
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Legal Form approved
Print Name
Date
a:rc Jntmpd (Rev. 03/00) Page 8 of 8
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SHEET 1 OF 2 SHEETS File name: K.• � 074941 J UNABPARK. DWG
LAND PLANNERS • ENGINEERS • LAND SURVEYORS (LBp87)
3240 CORPORATE MAY MIRAAlAR, FLORIDA 33025 TEL. NO.(854)435-701�ER
X N0. 954)498-8288
ORDER NO. 183814-A PREPARED UN SION
F�
DATE: 05--01--01
� SEC'Y.--TREAS.
THIS IS NOT A "LAND SURVEY" ALFONSO C. TELLO. P.L.S. N29'78 (STATE OF FLORIDA)
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
EXHIBIT "A"
LEGAL DESCRIPTION'
PORTION OF TRACT 16, SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST "FLORIDA FRUIT LANDS COMPANY'S
SUBDIVISION NO 2" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 102, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, fLOR10A AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS'
BEGIN AT THE NORTHWESTERL Y CORNER OF PARCEL A , 'TEE PLAT NO. 1 , ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 151, AT PAGE 32, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIOA (SAID POINT OF
BEGINNING BEING 55.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114 OF
SAID SECTION 7), THENCE RUN SOUTH 00 DEGREES 24 MINUTES 55 SECONDS EAST, ALONG THE WESTERLY BOUNDARY OF
SAID PARCEL "A ", ALSO BEING THE EASTERLY BOUNDARY OF THE AFOREMENTIONED TRACT 16, FOR 607 83 FEET,• THENCE
SOUTH 89 DEGREES 29 MINUTES 53 SECONDS WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 16, FOR 572.21 FEET;
THENCE NORTH 00 DEGREES 13 MINUTES 25 SECONDS WEST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THE SAWGRASS
EXPRESSWAY, AS RECORDED IN OFFICIAL RECORDS BOOK 12196, AT PAGE 380 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, FOR 648.40 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 15 SECONDS EAST, ALONG A LINE PARALLEL
WITH AND 15.00 FEET SOUTH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114 OF SAID
SECTION 7, FOR 570.04 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 55 SECONDS EAST, ALONG THE EASTERLY BOUNDARY
LINE OF SAID TRACT 16, DOR 40.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 8.4975 ACRES, MORE OR LESS.
NOTES:
BEARINGS SHOWN HEREON REFER TO AN ASSUMED N89'3Y15"E, ALONG THE NORTH LINE OF THE NORTHWEST 114 OF
SECTION 7, TOWNSHIP 49 SOUTH, RANGE- 41 EAST.
SHEET 2 OF 2 SHEETS
File name: K.• � 074941 � MNABPARK. DWG
45- -Z7P=9:.
,LAND PLANNERS • ENGINEERS • LAND SURVEYORS (LBy87)
1240 CORPORATE NAY MIRAMAR, FLORIDA 33025 TEL. NO.(954)435-70 f 0 FAX NO. (954)438-3288
ORDER NO. 183814-A
J DATE: 05-01-01
THIS IS NOT A "LAND SURVEY"
PREPARED U,PERVISION
\�� SEC'Y.-TREAS.
ALFONSO C. TELLO, P.L.S. #2978 (STATE OF FLORIDA)
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EXHIBIT "B"
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REVISED: 5-31-01 (CHANGED WORD EASEMENT TO AREA)
SHEET 1 OF 2 SHEETS File name: K.- 10749411 MNABPARK. DWC
LAND PLANNERS • ENGINEERS + LAND SURVEYORS (LA#87)
3240 CORPORATE NAY MIRAMAR, FLORIDA 33025 TEL. NO.(954)435-7010 FAX NO. (954)438-3288
ORDER NO. 183814-D PREPARED UNDER BY SUPERVISION
DATE: 05-01-01
SEC Y.-TREAS.
THIS IS NOT A "LAND SURVEY" ALFONSO C. TELLO, A.L.S. N2978 (STATE OF FLORIDA)
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
EXHIBIT "B"
( CONSERVATION AREA
LEGAL DESCRIPTION -
PORTION OF TRACT 16, SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, "FLORIDA FRUIT LANDS COMPANY'S
SUBDIVISION NO. 20, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 102, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWESTERL Y CORNER OF PARCEL "l , -TEE PLAT NO. 1 ", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 151, AT PAGE 32, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (SAID POINT OF
COMMENCEMENT BEING 55.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114
OF SAID SECTION 7), THENCE RUN SOUTH 00 DEGREES 24 MINUTES 55 SECONDS EAST ALONG THE WESTERLY BOUNDARY OF
SAID PARCEL A , ALSO BEING THE EASTERLY BOUNDARY OF THE AFOREMENTIONED TRACT 16, FOR 537.83 FEET• THENCE
SOUTH 89 DECREES 29 MINUTES 53 SECONDS WEST, ALONG A LINE PARALLEL WITH AND 50.00 FEET NORTH OF, AS MEASURED
AT RIGHT ANGLES TO, THE SOUTHERLY BOUNDARY OF SAID TRACT 16, FOR 35.00 FEET, TO THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE SOUTH 89 DEGREES 29 MINUTES 53 SECONDS WEST, ALONG THE LAST
DESCRIBED COURSE, FOR 501.97 FEET; THENCE NORTH 29 DEGREES 20 MINUTES 27 SECONDS &4ST FOR 20140 FEET; THENCE
NORTH 89 DEGREES 29 MINUTES 53 SECONDS EAST, FOR 237.40 FEET- THENCE SOUTH 55 DEGREES 02 MINUTES 20 SECONDS
EAST, FOR 200.67 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 55 SECONDS EAST, FOR 60.00 FEET, TO THE POINT OF
BEGINNING. CONTAINING 1.61 ACRES, MORE OR LESS.
NOTES:
BEARINGS SHOWN HEREON REFER TO AN ASSUMED N8933'15 "E, ALONG THE NORTH LINE OF THE NORTHWEST 114 OF
SECTION 7, TOWNSHIP 49 SOUTH, RANG£ 41 EAST.
REVISED: 5-31-01 (CHANGED WORD EASEMENT TO AREA)
4.
SHEET 2 OF 2 SHEETS
File name: K.• � 074941 � MNABPARK. DWG
LAND PLANNERS • ENCINNERS • LAND SURVEYORS (LB#87)
3240 CORPORATE WAY MIRAMAR, FLORIDA 33025 TEL. NO.(954)435-70 f 0 FAX NO. (954)438--3288
ORDER NO. 183814-D PREPARED UNDER BY SUPERVISION
DATE: 05-01-01
SEC'Y.-TREAS.
THIS IS NOT A "LAND SURVEY" ALFONSO C. TELLO. P.. . 2978 (STATE OF FLORIDA)
�ity of Tamarac
r_-I `Ccrramitted to -x�.ailence,,. Xwro ys 'G-nn </
,0406
Certified Mail No. 7002 3150 0003 8580 9580
October 9, 2006
Ms. Linda Sunderland, NRS II
Wetlands Resources Section
Broward County Commission
218 S.W. 1st Avenue
Fort Lauderdale, Florida 33301
Re: Conservation Easement
Project McNab Road Park Property 1.61 acre mitigation area
Environmental Resource License No, DF01-1085
Dear Ms. Sunderland:
I have enclosed the following documents for your execution.
(a) Two (2) Original Joint Deed and Conservation Easement and Agreement
(b) One (1) certified Exhibit "A"
(c) One (1) certified Exhibit "B"
(d) One Title of Opinion
Upon receiving the above listed documents and executing both Agreements, I
would appreciate your sending to my attention one fully executed document for
our records.
Please feel free to contact me at (954) 597-3734 if you have any questions.
Sincerely,
Jack Strain
Director of Public Works
Enclosure
Copy: Diane Phillips, Assistant City Manager
Marion Swenson, City Clerk w/o
Administration (954) 597-3707 ■ Operations (954) 597-3700 ■ Engineering (954) 597-3772
6011 Nob Hill Road 3 Tamarac, Florida 33321-6200 ,m Fax (954) 597 3710 - www.tamarac.or0
Equal Opportunity Employer
Document prepared bye
Return recorded document to:
Environmental Protection Department
Biological Resources Division
115 S Andrews Ave., Room A-240
Fort Lauderdale, FL 33301
JOINT DEED OF CONSERVATION
EASEMENT AND AGREEMENT
THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is
given this 25thday of September , 2006 by Cit o Tamarac
7525 NW 88th Avenue, Tamarac, Florida 33321 (address)
("Grantor")
to the South Florida Water Management District, 3301 Gun Club Road, West Palm
Beach, Florida 33406, and Broward County, a political subdivision of the state of
Florida, their successors and assigns (collectively referred to as "Grantees"), whose
post office is 115 South Andrews Avenue, Suite 423, Fort Lauderdale, Florida 33301.
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
WHEREAS, the Grantor desires to construct (name of project) McNab Road
Park Property 1.61 Acre Miti.aatior-_ ("Project")
on the Property, which Project is subject to regulatory jurisdiction of the South Florida
Water Management District ("District") and the Broward County Environmental
Protection Department ("EPD"); and
WHEREAS, EPD License No. DF01-1085 _ ("EPD License") as may be
modified or reissued and District Permit No. 06-03461--P ("District Permit") as
may be modified authorizes certain activities that may impact wetlands or may require
the preservation of wetlands on the Project site; and
WHEREAS, the Grantor has developed and proposed as part of the license and
permit conditions a conservation tract, and buffers, as described in Exhibit B attached
hereto and incorporated by reference, involving creation, restoration, enhancement
and/or preservation of the wetland and/or upland systems ("Conservation Area"); and
WHEREAS, the Grantor, in consideration of the consent granted by the EPD
License and District Permit, is agreeable to granting and securing to the Grantees a
perpetual Conservation Easement as defined in Section 704.06, Florida Statutes
(2003), as amended, over the Conservation Area.
NOW, THEREFORE, in consideration of the issuance of the EPD License and
District Permit, to construct and operate the permitted activity, Grantor hereby grants,
creates, and establishes a perpetual Conservation Easement for the Grantees upon the
Conservation Area which shall run with the property as described in Exhibits A and B,
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 and/or 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 will be retained and maintained forever
predominantly in the vegetative and hydrologic condition as specified in the EPD
License and District Permit. The Conservation Area shall be maintained forever
by the Grantor, its heirs, .successors, or assigns, in the enhanced, restored,
preserved and/or created conditions required by the EPD License and District
Permit. To carry out this purpose, the following rights are conveyed to Grantees
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. Grantees shall be
entitled to recover the cost of restoring the land to the natural vegetative,
hydrologic, scenic, open, agricultural or wooded condition existing at the
time of execution of this Conservation Easement or to the vegetative and
hydrologic condition required by the aforementioned EPD License and
District Permit, whichever enhancement is the most environmentally
desirable to Grantees. 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, Chapter
40E-4, F.A.C., et. seq., Chapter 373, Florida Statutes, or otherwise which
may be available by law.
2. Except for the restoration, creation, enhancement, maintenance, and monitoring
activities and other activities and improvements related to the Conservation Area
Page 2 of 9
CE-Joint.doc (Rev.08/05)
This form prepared by the
Broward County Attorney's Office
that are permitted or required by the EPD License and the District Permit, 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 EPD and
District;
(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 vegetative and hydrologic condition as specified in the EPD
License and District Permit;
(f) Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation;
including 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. Grantees 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 Grantees from the same.
6. Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the Conservation Area.
Page 3 of 9
CE-Joint.doc (Rev.08/05)
This form prepared by the
Broward County Attorney's Office
7. The terms and conditions of this Conservation Easement may be enforced by the
Grantees by injunctive relief and other available remedies. In any action in which
the Grantees prevail, the Grantees shall be entitled to recover the cost of
restoring the Conservation Area to the natural vegetative, hydrologic, scenic,
open, agricultural or wooded condition existing at the time of execution of this
Conservation Easement or to the vegetative and hydrologic condition required by
the aforementioned EPD License and District Permit. 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 Ordinances, Chapter 40E-4, F.A.C., et. seq.,
Chapter 373, Florida Statutes, or as otherwise provided by law.
8. Enforcement of the terms and provisions of the Conservation Easement shall be
at the reasonable discretion of Grantees, and any forbearance on behalf of
Grantees to exercise their rights hereunder in the event of any breach hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantees' rights
hereunder.
9. Grantees will hold this Conservation Easement exclusively for conservation
purposes. Grantees will not assign their rights and obligations under this
Conservation Easement except to another organization qualified to hold such
interests under the applicable state laws.
10. Grantor agrees to restore the Conservation Area to the vegetative and hydrologic
condition required by the aforementioned EPD License and District Permit if any
third party exercises any easement right or property interest or conducts any
other activity on the property that causes damage, degradation or negative
impacts to the Conservation Area.
11. 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
Grantees, and their 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 upon the fee simple title holder of the
property as required hereunder.
12. 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.
Page 4 of 9
CE-Joint.doc (Rev.08/05)
This form prepared by the
Broward County Attorney's Office
13. 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.
14. 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 described in Exhibit A
or B. Any future holder of the Grantor's interest in the property described in
Exhibit A or B shall be notified in writing by Grantor of this Conservation
Easement.
15. 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 Grantees, their 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.
Grantor hereby covenants with said Grantees 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)
Page 5 of 9
CE-Joint.doc (Rev.08/05)
This form prepared by the
Broward County Attorney's Office
IN WITNESS WHEREOF the CITY OF TAMARAC through its authorized
1
representative has made and executed the Agreement on the respective dates under each
signature.
ATTEST:
By:
Marion Swenson, CIVIC, City Clerk
CITY OF TAMARAC, FLORIDA
By:
Beth Flansbaum-Talabisco, Mayor
Jeffr iller, City Manager
Date:
Date:_Approved as to form and legal
Sufficiency:
_.. ._.`mow.. k.. ._., �..'a_n ;:�� -; ✓ --_ 4. '� ,r..
__,..." Samuel S. Goren, City Attorney
STATE OF FLORIDA )
) SS
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgements, personally appeared
il, ti, )Qo,,obc n and Jef- n L R)Me.(of the City of Tamarac, a Florida
Municipality, to me known to be the per�n(s) described herein and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
:41-r�
WITNESS my hand and official seal this •5 f6 day of CC- ";be(2006.
C;�u.oit' J C-�.Dj tom:
NO1ARY PUBLIC, State df Florida at
Larg �.r. me'10n $"Phos
My Commission DD28UM
'Far .. Expires october 24, 2Wi
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
(personally known to me or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or (4DID NOT take an oath.
Page 6 of 9
IN WITNESS WHEREOF, —
hereunto set its authorized hand this
has
day of
OWNER - CORPORATION/PARTNERSHIP
Witnesses (if partnership)
(Signature)
Print Name
(Signature)
Print Name
ATTEST (if corporation)
WE
Name of Owner (corporation/partnership)
By
(Signature)
Print Name:
Title
Address
day of _ , 20 --_-_-.
(CORPORATE SEAL)
Corporate Secretary Signature
Print Name of Corporate Secretary
ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP
STATE OF FLORIDA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this
20 , by as
of _ , a
corporation/partnership, on behalf of the corporation/partnership
[ ] personally known to me, or
[ ] produced identification. Type of identification produced
CE-Joint.doc (Rev.08/05)
This form prepared by the
Broward County Attorney's Office
He or she is:
day of
NOTARY PUBLIC -STATE OF FLORIDA:
Signature of Notary Public -State of Florida
Print, type, or stamp Commissioned Name
My commission expires:
Affix Seal Below
Page 7 of 9
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.
Witnesses (if partnership)
(Signature)
Print Name
(Signature)
Print Name
ATTEST (if corporation)
MORTGAGEE
Name of Mortgagee (corporation/partnership)
By
(Signature)
Print Name:
Title
Address
day of , 20
(CORPORATE SEAL)
Corporate Secretary Signature
Print Name of Corporate Secretary
ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP
STATE OF FLORIDA )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 20 , by __—as
of a
corporation/partnership, on behalf of the corporation/partnership
[ ] personally known to me, or
[ ] produced identification. Type of identification produced
He or she is:
day of
NOTARY PUBLIC -STATE OF FLORIDA:
Signature of Notary Public -State of Florida
Print, type, or stamp Commissioned Name
My commission expires:
Affix Seal Below
Page 8 of 9
CE-Joint.doc (Rev.08/05)
This form prepared by the
Broward County Attorney's Office
ACCEPTANCE BY BROWARD COUNTY
The Broward County Board of County Commissioners hereby accepts this
Conservation Easement for EPD License No.
ATTEST;
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida day of
Mayor
, 20
Approved as to form by
Office of County Attorney
Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
Assistant County Attorney
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Legal Form Approved
Print Name
Date
Page 9 of 9
CE-Joint.doc (Rev.08/05)
This form prepared by the
Broward County Attorney's Office
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SHEET J OF 2 SHEETS File name: K.• ti 074941 J MNARPARKDWC
LAND PLANNERS • ENGINEERS • LAND SURVEYORS (LBM87)
3240 CORPORATE MAY A/IRAA(AR, FLORIDA 35025 TEL. NO.(854)435-7010 FAX NO. 954)498 3Y88
ORDER NO. 183814-A PREPARED UN ERVISION
DATE: 05-01-01 SEC'Y.-•TREAS.
THIS IS NOT A "LAND SURVEY" ALFONSO C. TELLO, P.L.S. # 0 (STATE OF FLORIDA)
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LEGAL DESCRIPTION TO ACCOMPANY SKETCH
EXHIBIT "A"
LEGAL DESCRIPTION.'
PORTION OF TRACT 16, SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST FLORIDA FRUIT LANDS COMPANY'S
SUBOMSION N0. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PACE 102, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, fLORIDA, LYING IN THE CITY Of TAMARAC, BROWARD COUNTY, FLORI AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWESTERLY CORNER OF PARCEL "4 , rEE PLAT N0. 1; ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 151, AT PAGE J2, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (SAID POINT OF
BEGINNING BEING 55.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114 OF
SAID SECTION 7); THENCE RUN SOUTH 00 DECREES 24 MINUTES 55 SECONDS EAST ALONG THE WFSTERLY BOUNDARY OF
SAID PARCEL i1 , ALSO BEING THE EASTERLY BOUNDARY OF THE AFOREMENTIONED TRACT 16, FOR 6D , FEET,' THENCE
SOUTH 89 DECREES 29 MINUTES 51 SECONDS WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 16, FOR 572.21 FEET
THENCE NORTH 00 DEGREES 1J MINUTES 25 SECONDS WEST ALONG THE EASTERLY RICHT-OF-WAY LINE OF THE SAWCRASS
EXPRESSWAY, AS RECORDED IN OFFICAL RECORDS BOOK 12196, AT PACE 380 OF THE PUBLIC RECORDS Of BROWARD
COUNTY, FLORIDA, FOR 648.40 FEET" THENCE NORTH 89 DEGREES JJ MINUTES 15 SECONDS EAST ALONG A LINE PARALLEL
WITH AND 15.00 FEET SOUTH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114 OF SAID
SECTION 7, FOR 570.04 FEET; THENCE SOUTH 00 DECREES 24 MINUTES 55 SECONDS EAST, ALONG THE EASTERLY BOUNDARY
LINE OF SAID TRACT 15,, DOR 40.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 8.4975 ACRES, MORE OR LESS.
,l.
NOTES:
BEARINCS SHOWN HEREON REFER TO AN ASSUMED N89UP5 r, ALONG THE NORTH LINE Of THE NORTHWEST 114 OF
SECTION 7, TOWNSHIP 49 SOUTH, RANCE•41 EASC
SHEET 2 OF 2 SHEETS
File name: K: W74941 WNABPARK.DWC
LAND PLANNERS • ENGINEERS • LAND .SURVEYORS (LB#87)
7240 CORPORATE WAY MIRAMAR, FLORIDA 330.25 TEL. NO.(954)435-7010 FAX NO. (854)438-3288
ORDER NO, 1B3814-A PREPARED U PERVISION
r
DATE: 05-01-01
SEC"Y.-TREAS.
THIS IS NOT A "LAND SURVEY" ALFONSO C_ TELLO, P.L.S. NZ876 (SPATE OF FLORIDA)
SCALK 1 ' - 160'
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EXHIBIT "B"
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REVISED: 5-JI -01 (CHANGED WORD EASEMENT TO AREA)
SHf-ET 1 OF 2 SHEETS File name: K: 074941 `AINARPARK. DN
LAND PLANNERS • ENGINEERS + LAND SURVEYORS (L,8N87)
3240 CORPORATE WAY MIRAMAR. FLORIDA 33025 TEL. NO.(954)455-7010 FAX NO. (964)488-8281
ORDER NO. 183014-D PREPARED UNDER BY SUPERVISION
DATE: 05--01-01
,_.,.,.....,_ ._ SEC'Y.-TREAS
THIS IS NOT A "LAND SURVEY" A1,FONSO C. TELLO, A.L.S. N2978 (STATE OF FLORIDA)
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
EXHIBIT "B"
CONSERVATION AREA
LEGAL DESCRIPTION -
PORTION OF TRACT 16, SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, 71ORIDA FRUIT LANDS COMPANY'S
SUBDIVISION NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1; Al PAGE 102, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORID4 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS'
COMMENCE AT THE NORTHWESTERLY CORNER OF PARCEL "A , 7EE PLAT NO. 1 w ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 151, AT PAGE 32, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (SAID POINT OF
COMMENCEMENT BEING 55.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 1,
OF SAID SECTION 7), THENCE RUN SOUTH 00 DEGREES 24 MINUTES 55 SECONDS £AST, ALONG THE WESTERLY BOUNDARY G
SAID PARCEL A: ALSO BEING THE EASTERLY BOUNDARY OF THE AFOREMENTIONED TRACT 16, FOR 537.83 FEET• THENCE
SOUTH 89 DEGREES 29 MINUTES 53 SECONDS WEST, ALONG A LINE PARALLEL WITH AND 50.00 FEET NORTH OF, AS MEAS0
AT RIGHT ANGLES TO, THE SOUTHERLY BOUNDARY OF SAID TRACT 16, FOR 35.00 FEET, TO THE POINT OF BEGINNING OF TH,
FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE SOUTH 89 DECREES 29 MINUTES 53 SECONDS WEST, ALONG INC LAST
DESCRIBED COURSE, FOR 501.97 FEET, THENCE NORTH 29 DECREES 20 MINUTES 27 SECONDS BAST FOR 203 40 FEET,• THL
NORTH 89 DEGREES 29 MINUTES 53 SECONDS EAST, FOR 237.40 FEET; THENCE SOUTH 55 DEGREES 02 MINUTES 20 SECON
EAST, FOR 200.67 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 55 SECONDS EAST, FOR 60.00 FEET, TO THE POINT OF
BEGINNING. CONTAINING 1.61 ACRES, MORE OR LESS
NOTES:
BEARINGS SHOWN HEREON REFER TO AN ASSUMED N89'33'15 "E, ALONG THE NORTH LINE OF THE NORTHWEST 114 OF
SECTION 7, TOWNSHIP 49 SOUTH, RANCE 41 FAST.
REVISED: 5-31-01 (CHANGED WORD EASEMENT TO AREA)
,.
SHEET 2 OF 2 SHEETS
File name: K.• 10749411 MNABPARK.D,
LAND PLANNERS • ENGINEERS • LAND SURVEYORS (L,9#87)
3240CORPORATE WAY A(IRAMAR. FLORIDA 33025 TEL. NO.(954)435-V010 FAX NO. (854)438-32A
ORDER NO. 183814-0 PREPARED UNDER BY SUPERVISION
RATE: 05--01-01
SEC'Y. -TREAT
TINS IS NOT A "LAND SURVEY" ALFONSO C. TELLO. P. . 2978 (STATE OF FLORIDA)
SAMUELS.GOREN
JAMES A. CHEROF
DONALD J. DOODY
KERRY L. EZROL
MICHAEL D. CIRULLO, JR.
GOREN, CHEROE, DOODY & EZROL, P.A.
ATTORNEYS AT LAW
SUITE 200
3099 FAST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33308
PHONE: (954) 771-4500
FAX! (954) 771-4923
DELRAY BEACH OFFICE:
76 N.E. FIFTH AVENUE
DELRAY BEACH, FL33483
PHONE: (561) 276-9400
FAX, (561) 819-6559
PLEASE REPLY To FORT LAUDERDALE
JULIE F. KLAHR
DAVID N. TOLCES
JAMILA V. ALEXANDER
JACOB G. HOROWITZ
TOLU A. BAMISHIGBIN
STEVEN L. JOSIAS, OF COUNSEL
September 28, 2006
Jeffrey L. Miller, City Manager
City of Tamarac
7525 NW 881h Avenue
Tamarac, FL 33321 c.,.
RE: City of Tamarac (the "City")/Tract 16 — Florida Fruit Lands — Title Opinio><i;::
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Dear Mr. Miller:
This law firm represents the City of Tamarac, a Florida municipal corporation as City Attorney.
Please be advised that we have reviewed the Public Records of Broward County, Florida, in
conjunction with Chicago Title Insurance Company ("CTIC"), located in Fort Lauderdale, Florida
governing the above -referenced property. As requested, the search includes instruments of record
relating to the Property for a period in excess of thirty (30) years, specifically, from May, 1970
through the date indicated below. The Property is more particularly described as follows:
That portion of Tract 16 of FLORIDA FRUITLANDS COMPANY'S SUBDIVISION
NO. 2, of Section 7, Township 49 South, Range 41, East, as rccordeu in Plat Book 1,
Page 102, of the Public Records of Palm Beach County, Florida, that lies East of the
Sawgrass Expressway right-of-way.
Said Parcel of land lying and being in the City of Tamarac, Broward County, Florida.
LESS AND EXCEPT those portions thereof contained in the Deed to Advance Business
Associates as recorded November 19, 1999 in O.R. Book 30035, Page 1125 of the Public
Records of Broward County, Florida described as follows:
"A portion of that parcel of land recorded in O.R. Book 12202 Page 947, Public Records
of Broward County, Florida, being more particularly described as follows:
A parcel of land lying in Tracts 14, 15, and 16 in Section 7, Township 49 South, Range
41 East in the FLORIDA FRUITLANDS COMPANY'S SUBDIVISION NO.2 as
Page 2
recorded in Plat Book 1, Page 102 of the Public Records of Palm Beach County, Florida,
being more particularly described as follows:
Commence at the Northwest corner of said Section 7 said point having a Florida State
Plane Coordinate ofN691838.3 I and E730240.57 (East Zone); thence on a grid bearing
of North 89' 33' 15" East along the North line of said Section 7 a distance of 15.00 feet
to a line 15.00 feet East of and parallel with the West line of Section 7; thence South 00'
05' 06" East along said parallel line a distance of 15.00 feet to a line 15.00 feet South of
and parallel with the said North line of Section 7; thence North 89' 33' 15" East along
said parallel line a distance of 1048.99 feet, said point being the PONT OF BEGINNING;
thence South 00' 24' 54" East a distance of 979.25 feet; thence South 89' 28' 12" West a
distance of 350.00 feet; thence South 00' 24' 54" East a distance of 994,76 feet to the
South line of said Tract 14; thence South 89' 23' 12" West a distance of 172.92 feet;
thence North 05' 33' 43" West a distance of 249.79 feet to a point of curvature of a non -
tangent curve concave to the East; thence Northerly along the arc of said curve to the
right, having a central angle of 04' 1 V 56" and a radius of 11,309.16 feet for an arc
distance of 828.79 feet to a Point of Tangency; thence North 00' 13' 25" West along a
line tangent to the last described curve a distance of 898.07 feet; thence North 89' 33' 15"
East a distance of 569.91 feet to the PONT OF BEGINNING."
Said lands situate in the City of Tamarac, Broward County, Florida.
The following represents our Opinion:
VESTING OF TITLE
As of September 20, 2006 at 11:00 P.M. ("Effective Date"), we find fee simple title to the
aforementioned Property, subject to the conditions and exceptions set forth hereinafter, to be vested
in:
City of Tamarac, a municipal corporation, by virtue of Quit Claim Deed recorded in Official
Records Book 29963 at Page 632 less that conveyed in Official Records Book 30035 at
Page 1125 of the Public Records of Broward County, Florida.
Our review of the Public Records of Broward County, Florida, indicate the following exceptions to
title:
1. All matters contained on the Plat of FLORIDA FRUITLANDS COMPANY'S
SUBDIVISION NO.2 as recorded in Plat Book 1, Page 102 of the Public Records of
Palm Beach County, Florida, said lands situate, lying and being in Broward County,
Florida.
2. Reservations in favor of the State of Florida, as set forth in the deed from the Trustees of
the Internal Improvement Fund of the State of Florida, recorded in Deed Book 46, Page
Page 3
240, Public Records of Miami -Dade County, Florida as affected by instrument recorded
in O.R. Book 6781, Page 801, of the Public Records of Broward County, Florida.
3. Notices of Limitation of Use/Site Dedication recorded in O.R. Book 37642, Page 740-
769, Public Records of Broward County, Florida.
4. Grant Award Agreement recorded in O.R. Book 33168, Page 594, Public Records of
Broward County, Florida.
5. Surveyor's Affidavit recorded in O.R. Book 30793, Page 1295, Public Records of
Broward County, Florida.
6. Final Judgment recorded in O.R. Book 12779, Page 232, Public Records of Broward
County, Florida.
7. Order of Taking in favor of Florida Power & Light Company, recorded October 30, 1970
in Circuit Court Minute Book 205 at Page 34, regarding the West 180 feet of Tract 16
(and other lands) pursuant to a Lis Pendens recorded in O.R. Book 4247, Page 240,
Public Records of Broward County, Florida.
8. Bill of Sale for Water Distribution System recorded September 19, 2006 in Official
Records Book 42790, Page 348 of the Public Records of Broward County, Florida.
Based upon the Limited Title Search Certificate, I am of the opinion that there are no mortgages
on the subject property recorded in the Public Records of Broward County, Florida.
Should you have any questions or require any additional information, please do not hesitate to
contact our office.
incerely,
i
SAM6EL S"/ OREN
SSG:mp!
H:\2005`050164 TAMARAC\REAL ES'fATF,\Tract 16 -Title Opinion.doc
cc: Mayor Beth Flansbaum-Talabisco
Members of City Commission
Jack Strain, Director of Public Works