HomeMy WebLinkAboutCity of Tamarac Resolution R-96-1351
Temp. Reso. # 7413
Page 1
May 23, 1996
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A DRAINAGE EASEMENT AT 4607 NORFOLK
ISLAND PINE DRIVE ON PROPERTY OWNED BY HARVEY
FREM TO EXPAND PUBLIC DRAINAGE SYSTEM AND
ALLEVIATE FLOODING PROBLEMS ON NORFOLK ISLAND
PINE DRIVE AND QUEEN PALM LANE IN THE
WOODLANDS SUBDIVISION PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Stormwater Utility Division of the Public Works Department
is desirous to expand public drainage system and alleviate flooding problems on Norfolk
Island Pine Drive and Queen Palm Lane in the Woodland Subdivision; and
WHEREAS, property owned by Harvey Frem at 4607 Norfolk Island Pine
Drive is the location of the drainage easement required to accomplish this improvement;
and
WHEREAS, Section 21-151 of the City Code of the City of Tamarac requires
an easement for drainage facilities constructed on private property; and
WHEREAS, Stormwater Utility Engineer has prepared and obtained the
required documentation from the property owner, Harvey Frem to dedicate the drainage
easement to the City of Tamarac; and
Temp. Reso. # 7413
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May 23, 1996
WHEREAS, the Public Works Director and Stormwater Utility Engineer have
reviewed the drainage easement documents and recommend they be accepted and
executed by the appropriate City Officials; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it in the
best interest of the citizens and resident of the City of Tamarac to authorize the
appropriate City Officials to accept and execute the drainage easement.
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 are hereby made a specific part of this Resolution
upon adoption hereof.
E TI N 2: The appropriate City Officials are hereby authorized to accept
and execute the drainage easement document, a copy of which is attached hereto as
Exhibit "A".
EEQTIQN 3: The City Clerk is hereby directed to record the drainage
easement in the records of Broward County.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION_ 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
1
�l
Temp. Reso. # 7413
Page 3
May 23, 1996
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
approved this
RESOLUTION as to form.
1 4j� �,
MITCHELL S. KRAFT
CITY ATTORNEY
GE/mb
agenda mtg. 5/22/96
19,
MAYOR
DIST. 1:
DIST. 2:
DIST. 3:
DIST. 4:
day of Jur1e., 1996.
RECORD OF COMMISSION VOTE
,e-5X(,,-/3S
Tempo Reso. #7413
ORAINAGE EASEMENT
STORMWATER UTILITY DIVISION
PROJECT: Woodlands Drainage Project
Name of Project
This Drainage Easement made this 28 day of March , 1996 by
Harvey Frem , having an address of
4607 Norfolk Island Pine Drive , (Grantor), and the City of Tamarac, a
Florida Municipal corporation having an address at 7525 Northwest 88th Avenue, Tamarac,
Florida, 33321, (Grantee).
(Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors
and assigns of the parties hereto, whenever the context so admits or requires).
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in Broward County,
MI ore particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient
state"); and
WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to use a
portion of the servient estate;
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other
good and valuable considerations paid by each of the parties hereto to the other party, receipt of
which is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as
follows:
1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a
non-exclusive easement over and upon the servient estate for the installation
and maintenance of drainage facilities.
2. Grantor reserves all rights not herein granted pursuant to this easement,
including but not limited to, the right of free ingress and egress over and upon
the servient estate and to grant further easements under, over and on the
servient estate; provided that, in no event shall any of the rights herein
reserved impede the easement herein granted or the exercise of the rights of
use thereunder.
3. The provisions of this easement shall be binding on the parties hereto and the
respective successors and assigns as a covenant running with and binding
upon the servient estate.
4. This easement shall not be released or altered without consent of the
Grantee.
5. The Grantee will restore the area with sod after completion of the work.
Signed, sealed and delivered in the presence of:
WITNESS WIL.Wgµ H. leadici
In
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WITNESS
A
WITNESS
STATE OF FLORIDA §
COUNTY OF BROWARD §
�I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid
an in the County aforesaid to take acknowledgments, personally appeared
to me known to be the persons described in and w& executed
the foregoing instrument and acknowledged before me that Z�L executed the same.
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WITNESS my hand and official seal in the County and State last aforesaid this -Q9 day of
A.D., 19. qb .
Notary Public "91AI'-v
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ATTEST: ACCEPTED BY CITY OF TAMARAC, GRANTEE
By:
By:
Robert S. Noe, Jr., Norman Abramowitz,
CITY MANAGER MAYOR
*ATTEST:
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Carol A. Evans,
CITY CLERK
STATE OF FLORIDA §
COUNTY OF BROWARD §
Date: 3
B ` ..�Tf)�
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Robert S. Noe, Jr.,
CITY MANAGER
Date: 6113,
Appr a a4form: Mitch
CITY ATTORNEY
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgments, personally appeared ALxggn AA.2.w Ma
S C;ty DhAoaArto me known to be the persons described in and who executed `
the foregoing instrument and 4i4rcknowledged before me that executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this day of
,c- A.D., 19 4 fo .
My Commission Expires:
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Rev.9/28/95
File: Draineasmpd
Nota Public
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Notary Public, State of Florida ,
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Tempo Reso. #7413 l - �610 -/ 13 5— MMIT ng•
SKETCH AND LE<IAL DESCRIPTION
BY
POLICE LAND SURVEYORS, INC.
5WI NOB HILL ROAD
SUNRISE, FLORIDA 33351
TELEPH❑NEI (954) 572-1777 • FAX, (954) 572-1778
E—MAIL, pullce@Ix,netcorn,coM
LEOAL DESCRIPTION
THE NORTH 6.00 FEET OF THE SOUTH 11.00 FEET OF
LOT 35, BLOCK 48 OF THE "THE WOODLANDS SECTION
EIGHT" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 67 AT PAGE 42 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA.
CONTAINING 690.00 SQUARE FEET (0.02 ACRES) MORE
OR LESS.
NOTES
1). BEARINGS ARE BASED ON THE EAST LINE OF LOT 35
BEING SOUTH 00'14'09" EAST.
2). THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY.
N89°45'51 "E 115.00'
HOT 35 BLOCK 48
E WOODLANDS SECTION EIGHT
PLAT BOOK 67 AT PAGE 42
�— 5' UTILITY EASEMENT (BY PLAT) —
S89'45'51 "W 115.00
FILE- CITY OF TAMARAC
6SCALE• 1'-30'
ORDER NO: 32127
TE• 3-15-96
DRAINAGE EASEMENT
FOR• CITY OF TAMARAC
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John F. PuUce, Reg. Land Surveyor 2691
Michael Charles Flynn, Reg. Land Surveyor #3281
State of Florlda