Res 85-90 RESOLUTION NO. 85-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, SUPPORTING THE PLAN PREPARED BY WILLIAM
SWAIM AND ASSOCIATES, INCORPORATED, TO DEVELOP A
NEIGHBORHOOD NATURE PRESERVE LOCATED IN THE CITY OF
DELRAY BEACH; URGING PALM BEACH COUNTY AND OTHER
GOVERNMENTAL AGENCIES TO APPROVE THE PLANS OF WILLIAM
SWAIM AND ASSOCIATES, INCORPORATED, TO DEVELOP SAID
NEIGHBORHOOD NATURE PRESERVE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, William Swaim and Associates, Incorporated, ("Swaim")
plans to develop land located in the City of Delray Beach, more
particularly described in Exhibit "A" attached hereto ("Swaim Site");
and,
WHEREAS, Palm Beach County owns property adjacent to the Swaim
Site, which property is subject to deed restrictions in favor of the
Nature Conservancy, and which property is more particularly described in
Exhibit "B" attached hereto ("Preserve Property"); and,
WHEREAS, a neighborhood nature preserve on the Preserve
Property would be available to the citizens of Delray Beach and the
citizens of Palm Beach County; and,
WHEREAS, Swaim has offered to develop the Preserve Property as
a neighborhood nature preserve subject to certain conditions,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby supports Swaim's plans
to develop the Preserve Property as a neighborhood nature preserve in
substantial conformity with the conceptual plan attached hereto as
Exhibit "C".
Section 2. The City Commission acknowledges that Swaim must
receive approval from the Nature Conservancy, the Florida Department of
Environmental Regulation, the Palm Beach County Department of
Environmental Resource Management, the Palm Beach County Parks and
Recreation Department, the Florida Inland Navigation District, the U.S.
Army Corps of Engineers and other governmental agencies in order to
develop the Preserve Property as a neighborhood nature preserve. The
City Commission further acknowledges that development of the Preserve
Property as a neighborhood nature preserve would occur as part of
Swaim's plans to develop the Swaim Site.
Section 3. The City Commission hereby urges Palm Beach County
and other applicable governmental agencies to approve Swaim's plans to
develop the Preserve Property as a neighborhood nature preserve in
substantial conformity with the conceptual plan attached hereto as
Exhibit "C". The City Commission hereby agrees to cooperate with Swaim
to obtain the required governmental approvals to develop the Preserve
Property as a neighborhood nature preserve.
Section 4. The City Clerk is hereby authorized to send a copy
of this Resolution to the Chairman of the Palm Beach County Commission.
Section 5. This Resolution shall take effect immediately upon
its passage.
PASSED AND ADOPTED in regular session on this the llth day
of September , 1990.
M A Y~R
ATTEST:
City Cler~
-2- Res. No. 85-90
QUI~.~IM Olio RAMCO FOI{M 8
TIl~ UAT~I~ CONS~RV~Cl, e non-profit corporation of the District o['Cctu~La,
Fee: Off,ce Dox 1989, ~est ~at& Beach. F~otldl 33&01
lecon~ polly:
In I~e Counly of Palm Oeich Stele o~ ~lortde . II-WU:
AfL n[ i.oce ~, C. D. anJ K, aLL beta8 tn Ken.at I subdtvfsto~ tq ~at' '~ach Cou~t
F~ortde, occcrdln8 to the plea thereof on Ills In the o[llce of th~ L .rk of :he Ct~ :utc
Court tn end for Pn[~ Beach County, Florida. recorded In riot Book Z0~ ~e 6~, toR,~ her'
vtth any rtpartnn and/or Littoral ttsht~ pertntat~S thereto.
~tt~ cenveyn,.ce ti sade ~ubJect to the exprel~ c~dltlon end Ztmttetton that the pt(
hnretn conveyed eha~ (OliVet be he~d n~ i ~eture p~e~erve, for scientific, educettc ,
nnd aesthetic p~)rpoeee aaa eha~l be ~ept entlrel~ tn their neture~ state, vtthout
'disturbance vhatevec of habitat er plen~ or inlell population, exceptlnI the mel~te~ lace
vtt~out Smp~tttn8 the eaeentte~ neture~ character of ~he pre'Iisi. Should the prem~ le~
cease to be used ao~e~y aa provtded herein, then the cstete hereby Stinted to Pi~a ~ech
Couf~cy may be cerm/nnted b;' ~e Nature ConecrYl~C7 ~det · pover e[ te~tnitton t~
nqture of n rXRI~t of entry for condition bro~en or exactory lnterfet, vhieh rlsht,
exercised by The ~ature Conservancy upon ~lole~lon o( the Jbove condttionl~ Il exer tied
shall state th~ breach ~,[ch caused the action. A copy of the ~ottcc m:~iZZ ~oumty
h~ retarded o~ the appropriate lend tee:oral.
Aa parc conetdeta:ton for chtl deed and by acceptance thereof, the Grantee eStees
erect nnd ~tntnt. n per~nnent plaque or other appropriate ~r~er et · prominent ~ocntlon
on :he above described pre~tae~ hearth8 the [o~[ovtn8 state.at: "This area vii nc~ ced
vtth the assistance o{ ~e ~atute Conservancy."
.rnnrf pnrly ~orel,er,
.............
STATE or VtRCIUIA J Richard ~. Trourts, Aim ~tctity , .
coGHrY or ARLINCTO~ '*
Patrick F. l:conan tad ~lchard G. Tzaucig, Pr~g~den~ and ~ssistant
SecretarV, :cnpnctLv~ly, of The Nature Conservancy