File #: RES 2022-206    Name: Amendment to Conservation Easement Deed
Type: Resolution Status: Passed
File created: 9/22/2022 In control: City Commission
On agenda: 10/13/2022 Final action: 10/13/2022
Title: A RESOLUTION APPROVING AN AMENDMENT TO A DEED OF CONSERVATION EASEMENT ACROSS A PORTION OF LAND KNOWN AS MITIGATION AREA "F" OF WINSTON PARK SECTION ONE-A 131-24 B TRACT P NATURAL PRESERVE AREA, GENERALLY LOCATED AT 5201 NW 49 AVENUE, COCONUT CREEK, FLORIDA, OWNED BY THE CITY OF COCONUT CREEK, AND MORE SPECIFICALLY DESCRIBED IN THE AMENDMENT TO DEED OF CONSERVATION EASEMENT, ATTACHED HERETO AS "EXHIBIT 1," IN ORDER TO ALLOW THE CITY TO CONSTRUCT THE FINAL SIDEWALK CONNECTION TO THE WINSTON PARK PRESERVE PATHWAY.
Indexes: Amendment, easement, Real Property, Resolution, Winston Park Nature Center
Attachments: 1. RESOLUTION 2022-206-Conservation Esmt Deed Amdmt-Preserve Pathway, 2. EXHIBIT 1-Conservation Easement Deed Amendment, 3. BACKUP-1997 Conservation Easement

AGENDA ITEM REPORT

TITLE:

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A RESOLUTION APPROVING AN AMENDMENT TO A DEED OF CONSERVATION EASEMENT ACROSS A PORTION OF LAND KNOWN AS MITIGATION AREA “F” OF WINSTON PARK SECTION ONE-A 131-24 B TRACT P NATURAL PRESERVE AREA, GENERALLY LOCATED AT 5201 NW 49 AVENUE, COCONUT CREEK, FLORIDA, OWNED BY THE CITY OF COCONUT CREEK, AND MORE SPECIFICALLY DESCRIBED IN THE AMENDMENT TO DEED OF CONSERVATION EASEMENT, ATTACHED HERETO AS “EXHIBIT 1,” IN ORDER TO ALLOW THE CITY TO CONSTRUCT THE FINAL SIDEWALK CONNECTION TO THE WINSTON PARK PRESERVE PATHWAY.

 

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BACKGROUND:

A wood boardwalk was constructed by the City in the early 1990s in the Winston Park Nature Center Preserve to facilitate public access into the preserve.  Subsequent to the construction of the boardwalk, a deed of conservation easement was recorded on February 13, 1997, that included a small area of preserve that contained the boardwalk.  In 2019, a routine inspection of the boardwalk revealed that it had become unsafe for public use, and the City closed the boardwalk to the public.  In February 2020, the boardwalk was demolished with the intention of constructing a concrete sidewalk within the former boardwalk footprint.  When the City applied for a Broward County permit to construct the new sidewalk, the County informed the City that a conservation easement exists over a small portion of the preserve where the sidewalk was being proposed.  The conservation easement does not permit the construction of a sidewalk even though a boardwalk formerly existed in the same area.  The County approved the construction of the remainder of the path outside of the easement area, which the City completed, leaving a sixty (60) foot wide segment unfinished. 

DISCUSSION:

An amendment to the conservation easement is necessary in order to be able to construct a sidewalk within the easement boundary.  The County agreed to amend the conservation easement to allow for the construction of this last segment of sidewalk to complete the preserve pathway.  To mitigate for any negative impacts from the construction of the sidewalk, the City has agreed to plant thirty-four (34) native bald cypress trees within the preserve.  This amendment will be recorded in the Official Records Books of Broward County once it is approved by the City and County Commissions.

RECOMMENDATION:

Staff recommends approval of this resolution.

 

FISCAL IMPACT: 

REVENUES:                     $0

EXPENDITURES:                     $2,992

BUDGETED:                     Yes

NOTES:  Funding for mitigation trees is available from Tree Preservation Fund - Account No. 6151572-6864, Winston Park Preserve Path to Hilton Road Greenway.