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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-089Temp. Reso. #13978 August 23, 2023 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023-Og 9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE GRANTING OF A PERPETUAL EASEMENT TO FLORIDA POWER AND LIGHT FOR THE INSTALLATION OF UNDERGROUND ELECTRIC UTILITY FACILITIES AT CAPORELLA PARK ENHANCEMENTS PROJECT LOCATED AT 5200 W. PROSPECT ROAD; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID PERPETUAL EASEMENT TO FLORIDA POWER AND LIGHT FOR THE INSTALLATION OF UNDERGROUND ELECTRIC UTILITY FACILITIES AT CAPORELLA PARK, 5200 W. PROSPECT ROAD; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, the Caporella Park located at 5200 W. Prospect Road, will require the installation of underground utility facilities ; and Temp. Reso. #13978 August 23, 2023 Page 2 of 4 WHEREAS, a perpetual easement is required by Florida Power Light for the installation, maintenance, and operation of necessary underground electric utility facilities; and WHEREAS, the City, as owner of Caporella Park has offered a perpetual easement (a copy of which is attached and hereto as "Exhibit 1 ") to Florida Power and Light ; and WHEREAS, the Director of Public Services recommends that this perpetual easement be granted to Florida Power and Light; and WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interests of the business owners, residents and visitors of the City of Tamarac to approve a perpetual easement for the installation of underground electric utility facilities, and to authorize the appropriate City Officials to execute said perpetual easement for the installation of underground electric utility facilities to Florida Power and Light at Caporella Park located at 5200 W. Prospect Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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. All Exhibits attached hereto are incorporated herein and made a specific part thereof. Temp. Reso. #13978 August 23, 2023 Page 3 of 4 SECTION 2: The City Commission of the City of Tamarac hereby authorizes the granting of a perpetual easement to Florida Power and Light for the installation of underground electric utility facilities at Caporella Park located at 5200 W. Prospect Road; and the appropriate City Officials are hereby authorized to execute said easement. SECTION 3: The City Clerk is hereby authorized and directed to record the perpetual easement in the Public 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, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. "The remainder of this page is left blank intentionally." Temp. Reso. #13978 August 23, 2023 Page 4 of 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 23ril day of Att- tkgr ,2023. ATTEST: BERLY DILROW, C M C CITY CLERK &Li7�'/62 I �/ MIC ELLE J. GOM Z MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ 5 DIST 1: V/M BOLTON DIST 2: COMM. WRIGHT JR DIST 3: COMM. VILLALOBOS ,y s DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. IANa OTTINOT ITY ATTORNEY Work Request No. 12570864 UNDERGROUND EASEMENT (BUSINESS Sec.17, Twp 49 S, Rge 42 E This Instrument Prepare By Parcel I. D.494217-00-0110 Name City of Tamarac (Maintained by County Appraiser) Co Name: 7525 NW 88'" Ave Address: Tamarac, FL. 33321 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non- exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above ground equipment) to be installed from time to time, with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the rigFit to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ) I , 203.3 , sealed and delivered in the presence of: Print Name: Print Name: N—WC (Witness) Entitv Namie By i Print Name: 1►11 G N�Ll.E �� 60me-L 04JOX Print Address: GI' J Or -ff1k4A",r_ '75a5 40 gam Pg* i�� fL 333 a-1 STATE OF hVKJ 1A AND COUNTY OF 90?,Q AJL- $ . The foregoing instrument was acknowledged before me by [ physical presence or [ ] on-line notarization, this day of JG?—�&4��— , 20� by M (CftL_L45 :S. cfo"�113 Z , the Mk o lam-- of (!,n CIF 7A1,4 K c-- a who is perso y to me or has produced as identification, and who did (did not) take an oath. My Commission Expires: �.aa� ��3 i� ANN MARIE GORDON Notary Public -State of Florida 'tiW Commission r HH 095695 a r. My Comm. Expires Feb 22, 2025 Bonded through National Notary Assn. (Type of Identification) =—,M J) Jl/ l_ Notary Public, Signature Mtn p,,Q rr"� �j n �, Print Name R� ` Ai"Z4Ci `,'0/Y�aV LAND DESCRIPTION: SKETCH & DESCRIPTION FPL EASEMENT A PORTION OF SECTION 17-49-42 CITY OF TAMARAC TR 13978 EXHIBIT 1 A portion of Section 17, Township 49 South, Range 42 East, being more particularly described as follows: A 10 foot wide strip of land 5.00 feet on each side of the following described centerline. Commence at the Southwest corner of ROSE MARIE BONIELLO GARDENS, according to the Plat thereof, as recorded in Plat Book 75, Page 4, of the Public Records of Broward County, Florida; thence S01'35'16"E, along the East right-of-way line of Prospect Road, 120.28 feet to the Point of Beginning of said centerline; thence N52'48'46"E, 12.04 feet to the Point of Termination. Said sidelines shall length and shorten and be common to with the East right-of-way line to form a continuous strip of land. Said lands lying in the City of Tamarac, Broward County, Florida and containing 120 square feet, more or less. SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are assumed based on the East right-of-way line of Prospect Road having a bearing of S01'35'16"E. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: B.C.R. = Broward County Records; F.B. = Field Book; F.P.L. = Florida Power & Light Company; L.B. = Licensed Business; P.B. = Plat Book; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; P.O.T. = Point of Termination. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. Date: --- _ _ Za 2 -----��-=--------- JOHN T. DOOGAN, P.L.S. NOT VALID WITHOUT Florida Registration No. 4409 SHEETS 1 AND 2 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM & ASSOCIATES, INC. JOB #: 12813 OMS.ASSO SURVEYING & MAPPING SCALE: - � 9a 50 S. W 2nd AVENUE, SUITE 102 DATE: 06/28/2023 C y BOCA RATON, FLORIDA 33432 BY: W.R.E. (561) 392-2594 / www.AVIROMSURVEY.com CHECKED: J.T.D. ISHEP �©2023 AVIROM & ASSOCIATES, INC. all rights reserved. F.B. — PG. — This sketch is the property of AVIROM & ASSOCIATES, INC. 1 OF 2 and should not be reproduced or copied without written permission. SHEET: SKETCH & DESCRIPTION RL EASEMENT A PORTION OF SECTION 17-49-42 CITY OF TAMARAC I I I LOT 19 1 (P. B. 7514, B. C.R. ) TR 13978 EXHIBIT 1 I P.O.C. SOUTHWEST CORNER Z o ROSE MARIE BONIELLO GARDENS N (P.B. 7514, B. C.R.) R of �I EAST RIGHT-OF-WAY LINE a I�(BEARING BASIS) 0 ORMER PAD I.. WP.O.T. HQW A�120 IL CENTER LINE EASEMENT P.O.B.48'46"E 4' ARE FEET I I I A PORTION OF SECTION 17, TOWNSHIP 49 SOUTH, RANGE 42 EAST I CAPORELLA PARK I I I I I I I I 0 10 20 NOT VALID WITHOUT I SHEETS 1 AND 2 GRAPHIC SCALE IN FEET SCALE: 1" = 10' REVISIONS AVIROM & ASSOCIATES, INC. oM & ASSO0, SURVEYING & MAPPING JOB #: 12813 SCALE: 1" = 10' 9m 50 S. W. 2nd AVENUE, SUITE 102 a H BOCA RATON, FLORIDA 33432 (561) 392-2594 / www.AVIPOMSURVEY.com /SHED !q$©20M AVIROM 6 ASSOCIATES, INC. all rights reserved. This sketch is the property o/ AVIROM & ASSOCIATES, INC. and should not be reproduced orcopied without written permission. DATE: 06/28/2023 BY: W.R.E. CHECKED: J.T.D. F.B. — PG. - -- ---- - ------ SHEET: 2 OF 2 Instr# 119121341, Page 1 of 3, Recorded 09/22/2023 at 01:22 PM Broward County Commission Deed Doc Stamps: $0.70 Work Request No. 12570864 UNDERGROUND EASEMENT (BUSINESSBy Sec.17, Twp 49 S, Rge 42 E This Instrument Prep Parcel I. D-494217-00-0110 Name: City of Tamarac (Maintained by County Appraiser) Co. Name 7525 NW 88"Ave Address Tamarac, FL. 33321 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non- exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the rigght to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the rigfit to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ' `113 ' I , 20.R.-3 sealed and delivered in the presence of: Print Name: Print Name: "4 Pr _)i -Y) 1 �- (Witness) Entitv Namie By: Print Name: M1 C N1 u-.r- 60mez_ i"l4jop-' Print Address: CII P�s or-fi-AtAAAr_ P5i5 0W 96 A* i fL 333 a -I STATE OF f W-IAND COUNTY OF Q,13Aj . The foregoing instrument was acknowledged before me by [ physical presence or [ J on-line notarization, this it day of f�1"1i9�- 2r by tG t -L , -, C:iomle Z the Mft`L-10le— of C4121 or- _TAiW<_ a who is personar��.n to me or has produced as identification, and who did (did not) take an oath. My Commission Expires: . ;La, -10 �)-3 ANN MARIE GORDON Notary Public - State of Florida Commission s HH 095695 t�F My Comm. Expires Feb 22. 2025 Bonded through National Notary Assn. (Type of Identification) Notary Public, Signature Print Name P f1Xi C:" d P-b0l'J Instr# 119121341 , Page 2 of 3 LAND DESCRIPTION: SKETCH & DESCRIPTION FPL EASEMENT A PORTION OF SECTION 17-49-42 CITY OF TAMARAC TR 13978 EXHIBIT 1 A portion of Section 17, Township 49 South, Range 42 East, being more particularly described as follows: A 10 foot wide strip of land 5.00 feet on each side of the following described centerline. Commence at the Southwest corner of ROSE MARIE BONIELLO GARDENS, according to the Plat thereof, as recorded in Plat Book 75, Page 4, of the Public Records of Broward County, Florida; thence S01'35'16"E, along the East right—of—way line of Prospect Road, 120.28 feet to the Point of Beginning of said centerline; thence N52'48'46"E, 12.04 feet to the Point of Termination. Said sidelines shall length and shorten and be common to with the East right—of—way line to form a continuous strip of land. Said lands lying in the City of Tamarac, Broward County, Florida and containing 120 square feet, more or less. SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are assumed based on the East right—of—way line of Prospect Road having a bearing of S01'35'16"E. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: B.C.R, = Broward County Records; F,B. = Field Book; F.P.L. = Florida Power & Light Company; L.B. = Licensed Business; P.B. = Plat Book; PG, = Page; P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; P.O.T. = Point of Termination. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. Date: JOHN T. DOOGAN, P.L.S. NOT VALID WITHOUT Florida Registration No. 4409 SHEETS 1 AND 2 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM & ASSOCIATES, INC. JOB # 12813 S. ASSO SURVEYING & MAPPING SCALE: - �oM,----�,. cDATE: 08/2812023 50 S. W. 2nd AVENUE, SUITE 102 of a BOCA RATON, FLORIDA 33432 BY: WA.E. (561) 392-2594 I www.AVIROMSURVEY.com CHECKED: J.T.D. rAe[1SHEQ � (G 20M AVIROM & ASSOCIATES, INC. all nghts reserved. F.B. — PG. — This sketch is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced or copied without written permission. I SHEET. {EET; 1 OF 2 Instr# 119121341 , Page 3 of 3, End of Document NOT VALID WITHOUT SHEETS I AND 2 REVISIONS SKETCH & DESCRIPTION FPS EASEMENT A PORTION OF SECTION 17-49-42 CITY OF TAMARAC LOT 19 ...... ------ 'P-3. 75""4, B. L '-P.O.C. SOUTHWEST CORNER ROSE MARIE BONIELLO GARDENS Q� (P.B. 7514, BC.R.) EA S T RIGH T- OF- WA Y bNE (BEARING BASIS) F-PL TRANSFORMER PAD ^ -r-L P.O.T. > CENTER LINE EASEMENT P.O.B.-// \-N52*4846"E 12.04' 120 SQUARE FEET TR 13978 EXHIBIT 1 A PORTION OF SECTION 17, TOWNSHIP 49 SOUTH, RANGE 42 EAST I I CAPORELLA PARK 1 0 10 20 GRAPHIC SCALE IN FEET SCALE: 1'= 10' A VIROM & ASSOCIATES, INC. JOB #: 12813 Assoc SURVEYING & MAPPING SCALE: i"= 10, 50 S.W. 2nd AVENUE, SUITE 102 DATE: 06128/2023 BOCA BATON, FLORIDA 33432 BY: WRE. (561) 392-2594 / wwwAVIROMSURVEYcom CHECKED: J.T,D, ISHED Q2023 AVIROM & ASSOCIATES, INC. all it rw RB- PG. rights rese d, � — This sketch is the property of A VIROM & ASSOCIATES, INC. and should not be reproduced or copied without written pennission. SHEET: 2 OF 2