HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-012Temp. Reso. #10618
1 /10/2005
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005- /,),
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, FINDING THAT ACQUISITION OF
PRIVATE PROPERTY THROUGH NEGOTIATED
CONVEYANCE OR EMINENT DOMAIN SERVES A PUBLIC
PURPOSE AND IS NECESSARY FOR THE IMPROVEMENT,
MAINTENANCE AND OPERATION OF A PUMP STATION
FOR DRAINAGE AND FLOOD CONTROL PURPOSES;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
INITIATE EMINENT DOMAIN PROCEEDINGS;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
RETAIN EXPERT WITNESSES AND CONSULTANTS AND
TAKE FURTHER ACTIONS THAT ARE REASONABLY
REQUIRED TO ACQUIRE THE PROPERTY DESCRIBED IN
EXHIBIT A; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the existing pump station #1, also known as the east pump station and
hereinafter referred to as the "pump station", is located on land adjacent to a parcel of land
owned by the City; and
WHEREAS, the parcel of land that the pump station is currently located on is owned
by a private entity and is legally described in Exhibit A, attached hereto; and
WHEREAS, the pump station is integral to drainage and flood control within the City
of Tamarac; and
WHEREAS, the City Commission of the City of Tamarac finds that acquisition of fee
simple title to the property described in Exhibit A serves a public purpose and fee simple
ownership is necessary for the proper improvement, maintenance and continued operation
of a pump station at said property; and
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WHEREAS, the City Commission of the City of Tamarac finds that it is necessary to
take such legal action and employ legal counsel, real estate appraisers, and other experts
to accomplish such acquisition; and
WHEREAS, the City of Tamarac is authorized by Sections 166.401 and 166.411,
Florida Statutes, to exercise the right and power of eminent domain; 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 authorize the
appropriate City officials to acquire the property described in Exhibit A through negotiated
conveyance or eminent domain proceedings.
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 is hereby made a specific part of this Resolution.
SECTION 2: That it is hereby declared that it is necessary to acquire, through
eminent domain or negotiated conveyance, fee simple title to the property described in
Exhibit A, attached hereto.
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SECTION 3: That it is further declared that acquisition of the property
described herein serves a public purpose and is necessary for the improvement,
maintenance and continued operation of a pump station for drainage and flood control
purposes.
SECTION 4: That the City Manager and City Attorney, and all others acting
on their behalf, are authorized to initiate eminent domain proceedings pursuant to Florida
Statute Chapters 73, 74, and 166 and to file petitions, pleadings, affidavits, declarations of
taking, and any other documents authorized by Florida Statute or rule of court to
accomplish the acquisition described herein.
SECTION 5: That the City Manager and City Attorney, and all others acting
on their behalf, are authorized to contract with real estate appraisers, engineers, title
examiners, and other expert witnesses and consultants in connection with eminent domain
proceedings.
SECTION 6: That the City Manager and City Attorney, and all others acting
on their behalf, are authorized to take such further actions as are reasonably required to
fully accomplish the purposes hereinabove directed.
SECTION 7: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 8: 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 9:
passage and adoption.
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This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 26th day of January, 2005.
ATTEST:
,r
MARION SMENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
E SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABI
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
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EXHIBIT A
Temp. Reso. 10618
LEGAL DESCRIPTION
A portion of that certain 100 foot Canal, lying East and North of Parcel °B",
SOUTHGATE GARDENS, according to the plat thereof, as recorded in Plat Book
77, Page 27, of the public records of Broward County, Florida, being a portion of
the Southeast one -quarter (SE '/) of Section 34, Township 48 South, Range 41
East, Broward County, Florida, more fully described as follows:
Commencing at the Southwest corner of said Section 34; thence South 88°46'37"
East, on the South line of said Section 34, a distance of 2918.43 feet; thence
North 00014'17" West, on the Southerly extension of the West line of said 100
foot Canal, a distance of 242.79 feet to the Point of Beginning; thence continuing
North 00°14'17" West, on said West line, a distance of 298.04 feet; thence South
89°33'35" East, on the South right-of-way line of the C-14 Canal, a distance of
100.01 feet; thence South 00014'17" East, on the East line of said 100 foot
Canal, a distance of 332.17 feet; thence North 70°47'08" West, on the North
right-of-way line of Southgate Boulevard (106 foot right-of-way), a distance of
106.05 feet to the Point of Beginning.
Said lands situate, lying and being in the City of Tamarac, Broward County,
Florida.