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Home My WebLink AboutCity of Tamarac Resolution R-2019-029r Temp. Reso. #TR13248 March 22,2019 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019 -� 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 UTILITY FACILITIES AT THE COLONY WEST CLUBHOUSE PROJECT LOCATED AT 6800 NW 88T" STREET; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTED SAID PERPETUAL EASEMENT TO FLORIDA POWER AND LIGHT FOR THE INSTALLATION OF UNDERGROUND UTILITY FACILITIES AT THE COLONY WEST CLUBHOUSE PROJECT LOCATED AT 6800 NW 88th STREET; 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, the Colony West Clubhouse Project located at 6800 NW 88th Street will require the installation of underground utility facilities ; and WHEREAS, a perpetual easement is required by Florida Power Light for the installation, maintenance, and operation of necessary underground utility facilities; and WHEREAS, the City, as owner of the Colony West Clubhouse Project 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 Temp. Reso. #TR13248 March 22,2019 Page 2 of 3 WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve a perpetual easement for the installation of underground utility facilities, and to authorize the appropriate City Officials to execute said perpetual easement for the installation of underground utility facilities to Florida Power and Light at the Colony West Clubhouse Project located at 6800 NW 88th Street. 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. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. 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 utility facilities at the Colony West Clubhouse Project located at 6800 NW 88th Street; and the appropriate City Officials are hereby authorized to execute said easement. SECTION 3: The City Clerk is hereby authorized and directed to record said Agreement 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. Temp. Reso. #TR13248 March 22,2019 Page 3 of 3 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. SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this ( i day of vc� d 2019. MICHELLE J. GOffEZ MAYOR ATT T: -t PATRICIA TEUFE MC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ _ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN c DIST 3: COMM. FISHMAN DIST 4: V/M PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM )4'W4"i0- '�- 41�7--Ijf SAMUEL S. GOR N CITY ATTORNE EXHIBIT 1 TR 13248 - EXHIBIT 1 Work Request No. Sec.,_, Twp _ S, Rge _ E Parcel I.D._ (Maintained b) 494109-06-0020 EASEMENT (BUSINESS) This Instrument Prepared By Name: -City Of Tamarac co. Name: _ Address: 7525 NW 88th Ave. -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 overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant 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 wires to 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 right 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 heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN W iTNESS WHEREOF. Grantor has hereunto set his hand and seat cut the day and year first above written. iot it 0 ELLE J. GO51EZ A7T ,IT: `��111111►�� PAAYOR PM A R,q CIT1r Cb1.E.TiEIIF L, G = vv�S�P�g6 �0- At I HEREBY CERTIFY that rhaIq6. �. J alppra.ped this RE3mLUT Ii]tw� •• S�'P .� U L S. GOREI`11 as to form. % ®' CITYATTORNEY STATE OF FLORIDA:/o//��Di CO COUNTY OF Maw: I HEREBY CERTIFY that on this day, before me, an ofiroecfuly uthomed in, tt>e tate aforesaid and in the County aforesaid to take acknowledgments, personally appeared , f l e- 7 v /r p Z to me known to be the person.( ) described in and who executed the foregoing instrument and ,�, 1 e acknowledged before me and under oath thatZ12L executed the same. j '�hiitne s my hand and Notarial S a{ this :� day of — Signature "La! i�A14 A l�✓ eeZ�/�� ' r�4►� FINA M. WNEATLEY Printed Notary Public - State ofJF;orldat!< Commission 8 GG 22�or f<..:' My Comm. Ercplres Auk Bonded through National Not My Goninsission Expires 436 West Commodore Blvd. Suite 1 TR 13248 - EXHIBIT 1 Jackson, NJ 08527 Tel: (844) SURVEY-9 "ERICAN LAYOUT LEGAL DESCIUMON A TRACT OF LAND BEING A PORTION OF WOODLAND LAKES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 71, PAGE 18, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "A", COLONY WEST CLUBHOUSE PLAT, AS RECORDED IN PLAT BOOK 103, PAGE 36; THENCE NORTH 00-01137" WEST, ALONG THE WEST LINE OF SAID TRACT `A", AND THE EAST RIGHT-OF-WAY LINE OF N.W. 88Te AVENUE (PINE ISLAND ROAD), A DISTANCE OF 137.57 FEET; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, RUN SOUTH 88"35'16" EAST, A DISTANCE OF 349.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01°2444" EAST, A DISTANCE OF 215.44 FEET; THENCE NORTH 72'50'67' EAST, A DISTANCE OF 165.28 FEET; THENCE NORTH 00-00'00' EAST, A DISTANCE OF 115.85 FEET; THENCE NORTH 61°10'12" WEST, A DISTANCE OF 43.65 FEET TO A POINT ON THE SOUTH LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 10413, PAGE 500, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH 89'01'50" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 21.40 FEET; THENCE DEPARTING THE AFORESAID SOUTH LINE, RUN SOUTH 61°10'12" EAST, A DISTANCE OF 30.64 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 129.14 FEET; THENCE SOUTH 72 50 57 WEST, A DISTANCE OF 165.47 FEET; THENCE SOUTH 0102444" WEST, A DISTANCE OF 208.25 FEET; THENCE NORTH 88°35'16" WEST, A DISTANCE OF 10,00 FEET TO THE POINT OF BEGINNING. CONTAINING 5368 SQUARE FEET, OR 0.123 ACRES, MORE OR LESS. The above description is in accordance with the Attachment "A", prepared by American Layout & Land Surveying dated March 20, 2019 Robert W. Monaco, P.S.M. Professional Surveyor & Mapper Florida License No. LS5980 N1aoh PI DI 20;•2019 J 4 M "s F1,114 APE RICAN TR 13248 - EXHIBIT 1 SKETCH OF DESCRIPTION ATTACHMENT "A" - NOT A SURVEY- I EXIST 6' U.E. I PS 103, PAGE 35 EXIST. 12' FPL ESM'T (ORB 10413, PAGE 500) S 89' 01' 50" E 21.40' I r — — — gmFi LINE OF EXING U ISTSa ENT —�-- I T N 61' 10' 12' W_,.., I OWNER: I 43.65' CITY OF TAMARAC I N W 00' 00" E' FOLIO #494109330010 f 1 115.85' ----------------— —_---J—N 72' 50' 57' E TRACT A 1 165.28' COLONY WEST 1 I- -- CLUBHOUSE PLAT ------I qI PLAT BOOK 103, 6 PAGE 36 5368 SQUARE FEET ~ OWNER: 4.123 ACRES AD1 TAMARAC HOTELS LLC FOLIO f494109330020 NOV24'44"E 215.4-4' I POINT OF BEG---- 7-cl I I P ' S 88' 35 16 E 349,86 3 I SHEET 2 OF 2 00 Cn r- S 72' 50' 57" W 165.47' OWNER: CITY OF TAMARAC FOLIO )F494109060020 S 01' 24' 44' W 208.25' �� OWNER: I N 88' 35' 16" W o CITY OF TAMARAC f 10.00' I n FOLIO #494109330010. I � LAKES SOUTH LINE OF TRACT A COLONY WEST CLUBHOUSE PLA POINT OF COMMENCEMENT SOUTHWEST CORNER OF TRACT A, COLONY WEST CLUBHOUSE PLAT, PLAT BOOK 103, PAGE 36 SMVEYOR's NOTES 1) Bearings are based on the East right—of—way I of N.W. 88th Avenue (Pine Island Road) having assumed bearing of N 00'01'37" W. 2) See sheet 1 for Legal Description — WOODLA D — PLAT BOOK 71, PAGE 18 r r -N- " AMERICAN LAYOUT & LAND SURVEYING i 5125 Adanson Street, Suite 8W, Orlando, Ronda 3280 40 Tele. No. (844) 787-8399 AMERICAN LICENSED BUSINESS No. 8131 LAYOUT Z:/AMERICAN LAYOUT/J08S/1563/1563—SOD