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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-279Temp. Reso. #9551 October 2, 2001 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-279 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FLORIDA GREENWAYS AND TRAILS PROGRAM ACQUISITION GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $1,000,000 IN FUNDING FOR THE ACQUISITION OF PARCEL R"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Tamarac desires to provide its residents and visitors with a higher level of service by conserving, developing and using its nature resources for healthful recreational purposes; and WHEREAS, the Florida Department of Environmental Protection, through the Florida Greenways and Trails Program, provides grants to local governments to acquire lands that meet the statutory definition of "greenway" or "trail'; and WHEREAS, The City of Tamarac wishes to acquire a parcel of land known as "Parcel R", which meets the statutory definition; and WHEREAS, the City of Tamarac is submitting an application to the Florida Department of Environmental Protection Greenways and Trails Program for acquisition of "Parcel R", attached hereto as "Exhibit A°; and WHEREAS, the City Commission of the City of Tamarac has an on -going Temp. Reso. #9551 October 2, 2001 Page 2 program of public participation through the activities of the Tamarac Parks and Recreation Board; and WHEREAS, the Tamarac Parks and Recreation Board recommends the improvements that will be accomplished by the acquisition of this parcel; and WHEREAS, the City of Tamarac adopted Local Comprehensive Plan specifies the acquisition of additional acreage for the purpose of meeting the recreation and open space elements of the plan which will be met in part by the acquisition of "Parcel R"; and WHEREAS, the City Commission of the City of Tamarac is willing to match the grant request with local dollars through the Broward County Safe Parks and Land Preservation Acquisition Program; and WHEREAS, the City of Tamarac has included the acquisition and development of "Parcel R" in its Strategic Plan; and WHEREAS, the City of Commission of the City of Tamarac via Resolution 2001-187 specified "Parcel R" for acquisition as recorded in the five-year Capital Improvement's Schedule portion of the City's Comprehensive Plan; and WHEREAS, the City Commission of the City of Tamarac, Florida via Resolution 2001-187 has provided for development of "Parcel R" through an amendment to the five-year Capital Improvements Schedule portion of the City's Comprehensive Plan; and Temp. Reso. #9551 October 2, 2001 Page 3 WHEREAS, it is a requirement of the grant program that this Resolution be adopted and become an official part of the application; and WHEREAS, the City Manager and Director of Parks and Recreation recommend approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to conserve, develop and use the City's natural resources for healthful recreational purposes through acquisition of land for the expansion of the City's greenways and trails system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That 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 appropriate City Officials are hereby authorized to execute the Florida Greenways and Trails Program Land Acquisition Grant application for $1,000,000 from the Florida Department of Environmental Protection. A copy of said application is attached hereto as "Exhibit A". SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. LJ 1 Temp. Reso. #9551 October 2, 2001 Page 4 SECTION 4: 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 10th day of October, 2001. ATTEST: d MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL79. Kf CITY ATTORN Fri _16 - / ► MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ave, DIST 1: COMM. PORTNER 8 e, DIST 2: COMM. MISHKIN A ye, DIST 3: V/M SULTANOF A el DIST 4: COMM. ROBERTS A el Temp. Reso. #9551 October 3, 2001 "Exhibit A" APPLICATION FOR ACQUISITION OF LAND RETURN TO: OFFICE OF GREENWAYS AND TRAILS DEPARTMENT OF ENVIRONMENTAL PROTECTION MAIL STATION 795 TALLAHASSEE, FLORIDA 32399-2400 PROJECT NAME: COUNTY(IES): APPLICANT: ❑ Owner of Land © Managing Entity ❑ Sponsor of Project (check one) 4U363114 t;` 1 CONTACT: TELEPHONE: SIGNATURE(S): [Printed Name of Applicant] By: Print Name: Date: FACSIMILE: (,) [Printed Name of Applicant, if more than one] By: Print Name: Date: L PROJECT DESCRIPTION Provide a general narrative description of the project, including; features and characteristics that, qualify the project as a greenway or trail (see definitions on page 1 of Instructions): ❑ Check if separate sheet attached and label the additional 'information "Item I." DEP Form #OGT-1 Florida Greenways and Trails Program Effective July 11, 2000Application for Acquisition of Land Page 1 of 5 Pages Temp. Reso. #9551 October 3, 2001 "Exhibit A" II. PROJECT FUNDING A. Estimate the total purchase price of the project and explain how it was determined: R. If matching, alternative or additional funds have been requested under any other program, what type of other funding was regiiarsted and to whom,and,when was the application trade? [List specify type of funding such as ISTEA, TEA 21 or local fonds]: C. Is there an opportunity for partnershij ,,with a local government in the acquisition or development of the ,project? ❑ Y) S 1 ❑ NO If yes, identify the potential partners and any previous attempts to; discuss or coordinate project acquisition or development with them: Chock if separate sheet attached and label the additional information "Item 11-A„ W or C," as appropriate. III. PROUCT LOCATION • A. Are there any, other, publicly owned lands irk the vicinity of the,project upon or over which the proposed greenway or trail could be located? ❑ YES O' NO If yes, describe the location, current ownership and current uses of such other public lands: B. Delineate and identify the planned project corridor and all project boundaries on county property appraiser maps, then attach to Application as Composite,; Attachment "C." C. Is any part of the project a railroad corridor or right-of-way? ❑ YES ❑ NO Is any part of the project within the planning corridor of the Florida National Scenic trail recognized by the U.S. Forest Service? ❑ YES © NO If yes to either question, outline and clearly label project areas lying within said right-of-way or planning corridor on attached property appraiser maps. D. Approximate project acreage and mileage: Acres ± Miles ± Number of separate parcels involved in acquisition of the planned project corridor:,,. L, If all parcels proposed by this Application cannot be acquired, is an alternative route or alignment possible? © YES ❑ NO If yes, please describe: F. identify any critical parcels that must be acquired to make the project viable: © Check if separate shect attached; label.additional information "item III -A., B., C., D., E. or F" as appropriate. DEP Form #OGT-I Florida Greenways and Trails Program Effective _ July 11, 2000 Application for Acquisition of Land Page 2 of 5 Pages Temp. Reso. #9551 October 3, 2001 "Exhibit A" TV. "TYPE OF TNTERE5T TO BE ACQUIRED. A, Is fee simple acquisition necessary to achieve the recreational and conservation purposes for which the project is being established?[] YES © NO 'why? B. If fee simple acquisition is not possible for particular parcel (s), what less-than-P:a c;.mple options are available? C. If lisss-thaft-fee simple acquisition is proposed, what rights does the owner want to retain and how will retention oftlse right affect tla proposed uses of the greenway or trail? D. On a separate attached sheet, fast each parcel to be acquired and identify the type of interest to be acquired for that pared - (such as fee simple, conservation easement;, purchase of development rights, lease, license or life estate), 0 Check if separate shyct atle#ed; �sbel'additional information "Item 1V=A., i., C, or M" as apprcpdatc. V. ENCUMBRANCES AND IMPROVEMENTS To the extent known lay the owner or managing entity or visible on the ground: A. Identify all existing and proposed easements, encumbrances or encroachments on project parcels (such as hunting, grazing or timbering leases; roadway and utility easements; or other leases, licenses or interests in land): Parcel IdentiFloatiouN'o. Description of Encumbrance or Bneroachment B. Identify improvements (such as building; sheds, fences, roadways & culverts) on parcels; & describe the condition, current.& proposed uses and estimated value of the improvement: Parcel Identification No, Improvement and Condition Proposed Use Value ❑ Check, if separate sheet attached; label additional Ittfohj at pn "Item V-A, or B," as DEP Form #OGT-1 Florida Greenways and Trails Program Effective July 11„, 2000 Application for Acquisition of Land Page 3 of 5 Pages Temp. Reso. #9551 October 3, 2001 "Exhibit A" VI. RECREATIONAL OlPVORTUNITIES A. Check, each type of outdoor recreational opportunity to be provided within the project: ❑ Hiking/Walking ❑ Camping,, . ❑ Running/Jogging ❑ Horseback Riding ❑ Bicycling ❑ Skating 0 Fishing ❑ Archeological Study ❑ Canoeing Cl' ,Playgrounds ❑ Boardwalks ❑ Nature Trails/Study ❑ Sailing ❑ Soccer ❑ 'Historical Study ❑ Scenic Overlook ❑ Diving ❑ Swimming ❑ Binding ❑ Other: B. On the attached property appraiser traps, identify the location of each recreational or outdoor opportunity checked above. ❑ Check if Separate shoot attached and label additional information "Item VIMA, or l3." as appropriate. VIL 1l;COLOWCAL, HISTORICAL AND CULTURAL FEATURES A. Describe the ecological characteristics of lands and waterways lying within the project, including intact or partial ecosystems, wetlands and wildlife habitat, and the quantity and quality of wetlands. Describe, the current condition of lands and waterways (whether cleared, timbered, replanted, dredged, filled or otherwise altered), the types of wildlife on site and ways in which the ecological features of project parcels support or enhance adjacent lands: B. Describe the historical, archeological and cultural features within the project (if any): C. Are exotic plants located on any parcel(s)? ❑ YES ❑ NO If yes, identify the species and the extent of coverage, then explain any efforts to control or eradicate the plants: D. Is dumping of trash a common practice on the project site? ❑ YES ❑ NO Are there any known hazardous wastes or.toxins present on the site or adjacent to the site? 13 YES ❑ NO If yes to either question, describe the type and location of the discarded trash, hazardous wastes or toxins and any effort or plans to control or clean the site: ❑ Check it"separate sheet attached and label additional information "VII-A., B., C. or D" as appropriate, DEP Form #OGT-1 Florida Greenways and Trails Program Effective Jul 11 2000 Application for Acquisition of Land Page 4 of 5 Pages Temp. Reso. #9551 October 3, 2001 "Exhibit A" VIII. PLANNING NINO A. Describe any facilities currently on the project site and any plans for future infrastructure development: t- Does the project provide any connections ot1ave potential for further connections to other public lands? ® YES CI NO C. Explain how the project will ftrtther specific'goals, policies andpbjectives of local government comprehensiv plan elements: D. Describe planned and potential public access prints within the project, then identify and'clearly label each access point on the attached property appraiser maps: ,_,_................... E. Does the project permit or provide for alternative transportation use(s)? ❑ YES © NO If yes, describe each type of use and the, proposed looation(s), then identify'and clearly label each location on the attached property appraiser traps: © Check if scpatate sheet attached and label additional int'6 tttatian "VIII-A., &, C., D or F." as appropriate IX. PROJECT MANAG, EMENT AND;,$VPPORT A. Attach letters of intent from local ,governments with jurisdiction over the project, stating the project can be adeq`ttately accessed by safety/emergency personnel and equipment and that the local government.will provide law enforcement or other security upon project completion. B, ' Describe any public safety jssucs or concerns that may arise in` connection with operation and maintenance ofthe project and''how they could be addressed: C, Describe treasures to be taken to protect, conserve and enhance recreational, ecological, historical, archeological and cultural features of the project during acquisition, development & operation of the project: D. Describe community support and specify how it will enhance project development and management: © Check if separate sheet attached and label additional information "IX -A„ B., C. or D,," as appropriate END OF APPLICATION FORM DEP Forst #OGT-1 Florida Grcenways and Trails Program Effective Jul,, 1�000 Application for Acquisition of Land Page 5 of 5 Pages Temp. Reso. #9551 October 3, 2001 "Exhibit A" ATTACHMENT "A" TO APPLICATION FOR ACQUISITION OF LANDS DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF GREENWAYS AND TRAILS WILLING OWNER CERTIFICATE FOR VOLUNTARY NEGOTIATIONS REGARDING SALE OF LANDS TO THE STATE FOR FLORIDA GREENWAYS AND TRAILS SYSTEM TO: Office of Greenways and Trails Department of Environmental Protection Mail Station 795 Tallahassee, FL 32399-2400 Name of Project Address of Location of Project FROM: Name of Owner(s) Street Address, City, State and Zip Code of Owner(s) Telephone No. 1 � Facsimile No. The undersigned Owner(s) of lands or waterways lying within the planned project corridor of the above -named Project hereby grants the Department of Environmental Protection permission to map and appraise the Owner(s)' property described on the attached Exhibit "A" for possible purchase by the state as part of the Florida Greenways and Trails System under Section 260.015, Florida Statutes, and further indicates by the execution of this Certificate that the undersigned Owner(s) is/are willing to negotiate the sale of said property with representative(s) of the Florida Department of Environmental Protection or its designee. DATE: [Printed Name of Owner] [Printed Name of Owner] DEP Fonn #OGT-2 Effective _ _ July 11. 2000 OWNER(S) OF LANDS OR WATERWAYS: [Signature of Owner] [Signature of Owner] Temp. Reso. #9551 October 3, 2003. "Exhibit A" ATTACHMENT "S" TO APPLICATION FOR ACQUISITION OF LANDS DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF GREENWAYS AND TRAILS WILLING MANAGEMENT CERTIFICATE FOR ACQUISITION OF LANDS OR WATERWAYS AS PART OF THE FLORIDA GREENWAYS AND TRAILS SYSTEM TO: Office of Greenways and Trails Department of Environmental Protection Mail Station 795 Tallahassee, FL 32399-2400 I Name of Project Address of Location of Project FROM: Name of Managing Entity Name of Contact/Representative Address of Managing Entity City, State and Zip Code Telephone Facsimile Name of Project Sponsor Address of Project Sponsor City, State and Zip Code of Project Sponsor Telephone Facsimile DEP Form #OGT-3 Effective July 11.2000 Temp. Reso. #9551 October 3, 2001 "Exhibit A" The undersigned representatives of the Managing Entity and Project Sponsor named above hereby ratify and confirm: (I) That the Managing Entity is willing to manage the Project should it be acquired by the Department of Environmental Protection as part of the Florida Greenways and Trails System; (2) That improvements ❑ are ❑ are not (check one) located upon or within the Project site and that the Managing Entity is also willing to: A. Operate and maintain said improvements as a part of its management of the project; or B. Disassemble, dispose or otherwise remove said improvements from the Project site prior to the commencement of Project operation (3) That management of the Project will be based on the proposed uses described in the Application for Acquisition of Lands submitted to the Office of Greenways and Trails; (4) That the Managing Entity will execute a lease, sublease or other management agreement in favor of the Board of Trustees of the Internal Improvement Trust Fund to establish the terms and conditions upon which the Project will be managed, and that a true and correct copy of the executed lease, sublease or management agreement will be provided to the Office of Greenways and Trails immediately following execution; (5) That the Managing Entity will be responsible for payment of an annual management administrative fee to said Board of Trustees as further detailed in the lease, sublease or management agreement referred to in paragraph (4) above, and (6) That the Managing Entity will develop, adopt and timely update an individual management plan for the Project in accordance with Sections 253.034 and 259.032, Florida Statutes, and as further detailed in the lease, sublease or management agreement referred to in Paragraph (4) above. The undersigned representatives of the Managing Entity and Project Sponsor named above hereby ratify and confirm: MANAGING ENTITY: [Printed Name of Managing Entity] By: Print Name: DATE: DEP Form #OGT-3 _2- Effective July 11 2000 PROJECT SPONSOR: [Printed Name of Project Sponsor] By: Print Name: Title: