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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-012Temp. Reso. #10618 1 /10/2005 Page 1 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 Temp. Reso. #10618 1 /10/2005 Page 2 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. E 1 Temp. Reso. #10618 1 /10/2005 Page 3 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. Temp. Reso. #10618 1 /10/2005 Page 4 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 E 1 1 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.