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Home My WebLink AboutCity of Tamarac Resolution R-2011-016Temp. Reso. #11946 1 January 26, 2011 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- /6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING GRANTING A PERPETUAL PUBLIC UTILITY EASEMENT FOR THE INSTALLATION OF UNDERGROUND UTILITY FACILITIES THROUGH THE SPORTS COMPLEX PROJECT LOCATED AT 9901 NW 77T" STREET; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; 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 Sports Complex Project located at 9901 NW 77t' Street (a copy of which is attached hereto in map form as "Exhibit 1 ") will require the installation of underground utility facilities; and WHEREAS, a perpetual Public Utility Easement is required by public utilities such as Florida Power and Light, Bellsouth, and Comcast for the installation, maintenance, and operation of necessary underground utility facilities; and WHEREAS, the City, as owner of the Sports Complex Project has offered a perpetual Public Utility Easement (a copy of which is attached hereto as "Exhibit 2°); and WHEREAS, it is the recommendation of the Director of Public Works that this perpetual Public Utility Easement be granted for public utility purposes; and 1 Temp. Reso. #11946 2 January 26, 2011 WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to grant a perpetual Public Utility Easement for the installation of underground utility facilities through the Sports Complex Project located at 9901 NW 77t' 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 and referenced herein are incorporated and made a specific part of this Resolution. SECTION 2: The City Commission hereby approves the Public Utility Easement for the Sports Complex. The appropriate City Officials are hereby authorized to grant a perpetual Public Utility Easement for the installation of underground utility facilities through the Sports Complex Project located at 9901 NW 77"' Street. 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. 1 1 Temp. Reso. #11946 3 January 26, 2011 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 its passage and adoption. PASSED, ADOPTED AND APPROVED thisday of ,2011. BETH TALABISC MAYOR ATTEST - PETER M. J. RtHAMSON, CRM, CMC CITY CLERK ` "'11 M1//''� `.�`�OF ••••• qRq'%, RECORD OF COMMISSION VOTE: ESTAgI.�SHED :; 4 MAYOR TALABISCO ❑_ - DIST 1: V/M BUSHNELL � ' �g63 Cr DIST 2: COMM. GOMEZ O•'•. SEAS .O� DIST 3: COMM. GLASSER '��9 •''• ..••...... •�,DIST 4: COMM. DRESSLER I HEREBY CERTW'V14A41 I HAVE APPROVED THIS RESOLUTION AS TO FORM. 4SAMELS. GOREN CITY ATTORNEY Temp Reso: # 1 1946 CITY OF TAMARAC , , . , Scale: N-T-S `ti PUBLIC WORKS DEPARTMENT ys N ENGINEERING DIVISION SHEET 1 OF 1 s� ss S PUBLIC UTILITY EASEMENT TR#1 '1946 .............. 97&I Tab T � o ! CTER RLVD VCSF - -_ 1Ga v p1Lof 9'P << r BI.. SITE Loc / /� / r j �;•,; / /f LAND SEC, --. a+ \ LAND Us EVANGELICAL.6 GT >( 76 sr x /% // Q COVENANT T �I KINGS PT. ' / J PR❑F, PLAZA 3 J Li 7a 79 CT °b /, KINGS P❑INT i SALES CENTER & CLUB HOUSE 6 LLI 74 CT lrr . i Aro.Aneir no /// �.....,. r rrP 'e�L�Di�.T rS.� NORTH .^..�....... �...... ._ a. ■�, ■.r I■ �.�w ■ ter■ � srr. swr ro/�/ro SPORTS COMPLEX o,■■. s� s.,... srr �a/a�n �,.■... EXHIBIT 1 CITY OF TAMARAC, BROWARD COUNTY, FLORIDA MO L DMn. PA. SEC. 5, TWP. 49, RGE. 41 Property Appraisers Identification No. 494105010421 M0341081114Iva �I:�.� ►�l�ii�► I�1 THIS INDENTURE made this 9th day of _February, 2011, the CITY OF TAMARAC, FLORIDA, located at 7525 NW 88th Avenue, Tamarac, Florida ("GRANTOR"), expressly grants a perpetual easement for the purposes described herein to public utility companies that lawfully conduct business within the City of Tamarac under the real property more particularly described on "Exhibit A" attached hereto, subject to the following provisions. GRANTOR hereby grants, a perpetual Public Utility Easement under the real property described in the sketch and legal description which is attached hereto as Exhibit "A" and incorporated by reference herein (the "Easement Area") With written authorization from the Grantor, public utility companies that are lawfully conducting business within the City of Tamarac may utilize the Easement Area for the installation of underground utilities which shall include, but not be limited to lines for the transmission of electrical power, telephone lines and/or fiber optics for the transmission of telephone related services, and transmission lines and/or fiber optics for the transmission of Cable T.V. related services. Any and all utilities installed shall be located solely in the Easement Area and underground. Any and all utilities proposing to utilize said easement, must first obtain written authorization from Grantor prior to installation of underground utilities. Page 1 of 2 cAdocuments and settings\lillianp\local settings\temporary internet tales\content.outlook\gtoeyv9u\tamarac sports complex -public utility easement.doc Exhibit 2 TR#11946 The provisions of this easement shall be binding on all public utilities utilizing said easement, its successors and assigns as a covenant running with and binding upon the Easement Area. GRANTEES shall record this document in the Public Records of Broward County, Florida. IN WITNESS WHEREOF, GRANTOR has hereunto set it's hand and seal on the day and year first above written. Signed, Sealed, and delivered In the presence of: IN l- 9P- ff'0� , , il Print Name r � 14#M41 r1FRUT ".111-ANITO Z, BY: OVA Beth Talabisco, Mayor City Clerk BL`SHE'D - p STATE OF FLORIDA % O COUNTY OF BROWARD �'�yq 9 p C.0\3 ��/111111t\ The foregoing instrument was acknowledged before me this ` day of , 2011, by Mayor of Tamarac, who is personally known to me or has produced a Florida Driver's License as identification. f C_ & d7��4 UNA M. WMATLEY NOTARY PUBLIC MY CQAMSSION N UM19 exPm S: Av* K 2014 I4ObUMARY jj• N0" D60WW Arco. Ce. Page 2 of 2 u:\File\engineering\public utility\public utility plan review\2010 plan review\fpl fiber-net\7700 nob hill road -permit# 10-35\tamarac sports complex -public utility easement.doc we a It N TAMARAC 5��C COMP(.pf SITE NW LOCATION SKETCH NOT TO SCALE LEGAL DESCRIPTION SKETCH AND DESCRIPTION for: FPL FIBERNET, LLC A 10 FOOT WIDE UTILITY EASEMENT LYING IN A PORTION OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AND LYING WHOLLY WITHIN O.R. BOOK 6892, PAGE 930 OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA, AND LYING 5 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL "R" OF THE PLAT OF KINGS POINT REPLAT, AS RECORDED IN PLAT BOOK 156, PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, THENCE SOUTH 28'05'31 " WEST, ALONG THE EAST RIGHT OF WAY LINE OF NORTH NOB HILL ROAD (N.W. 100TH AVE.), A DISTANCE OF 576.36' FEET TO THE POINT OF BEGINNING OF THIS CENTERLINE DESCRIPTION; THENCE DEPARTING SAID EAST LINE PROCEED SOUTH 81'48'27" EAST, A DISTANCE OF 270.00 FEET; THENCE SOUTH 64'02'50" EAST, A DISTANCE OF 156.00 FEET; THENCE SOUTH 01'24'08" WEST, A DISTANCE OF 35.63 FEET TO AN EXISTING CHAIN LINK FENCED ENCLOSURE, AND THE POINT OF TERMINUS OF THIS DESCRIPTION. SAID LANDS CONTAINING 4,616 SQUARE FEET, MORE OR LESS. NOTES 1.) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2.) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3.) THE BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF SOUTH 28'05'31" WEST, AND REFERS TO THE EAST RIGHT OF WAY LINE OF NORTH NOB HILL ROAD, AS SHOWN ON THE PLAT OF KINGS POINT REPAT , AS RECORDED IN PLAT BOOK 156, PG 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 4.) THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5.) THIS IS NOT A BOUNDARY SURVEY. 6.) NOT VALID WITHOUT SHEET 2 OF 2. CERTIFICATE I HEREBY _CERTIF f THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF -MY KNOWLf_'DGE_,; RELIEF, AND INFORMATION AS DELINEATED UNDER MY DIRECTION ON SEPTEMBER 27, 2010. I FURTHER CERTIFY THAT --THIS SKETCH OF- _DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESS109AL: SURVEYORS- AM) `-MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027. FLORIDA- STATUTF.5; SUBJECT.. TO 1HE QUALIFICATIONS NOTED HEREON. KEIT AND -S-S,-"P.A.- -ENGINE_ERS — PLANNERS — SURVEYORS 1 --- OH?JSON DATE OF SIGNATURE ALL RIGHTS RESERVED PROFESSIONAL.SLAVEYOR & MAPPER CMLSURV DESIGN GROUP, INC FLORIDA REGISTRATION NO. 6540 (FOR THE FIRM) in DATE REVISIONS SKETCH ANQ UESCRIPTION for: DATE 9 2 N 2A 10 10 5 10 COUWff COMMENTS F P L FIBERNET, L LC C1V1LSUjj6"_SCALE FIELD BK. N A A Tradition of Innovative En RN Brnward County, Florida Engineering DWG. BY SHEET NO. 1 OF 2 SHEETS File: L.B. No. isos �CHK. BY fpl tannarac rev.dwg SAW PROJECT NO. 17858 Exhibit "A" SKETCH AND DESCRIPTION for: POINT OF FPL FI BERN ET, LLC TERMINUS ASPHALT EXISTING ENCLOSURE S01'24'08 W NORTH C .SwE' i a = 'w, ' 0 20 40 00 GRAPHIC SCALE hco, R ,4j 0 TAMARAC SPORTS COMPLEX oN (O.R.B. 6892, PG 930, B.C.R.) LEGEND q CENTER LINE C.B.S. CONCRETE BLOCK STRUCTIRE FOB FIBEROPTIC BOX ICB IRRIGATION CONTROL BOX L.B. LICENSED BUSINESS LP LIGHT POLE O.R. OFFICIAL RECORDS BOOK P.B. PLAT BOOK B.C.R. BROWARD PUBLIC RECORDS PG. PAGE P.L.S. PROFESSIONAL LAND SURVEYOR N R/W RIGHT-OF-WAY o P.O.B. POINT OF BEGINNING I 0 o 'N Q w o TAMARAC SPORTS COMPLEX o o f- (O.R.B. 6892, PG 930, B.C.R.) ~ ^ J � 4 ► 0- 0 W V) cL ^] Q 0 QO C~ J �• }- II LL F+OD 0 J POINT OF 3 v w COMMENCEMENT l SW CORNER OF PARCEL "R" KINGS POINT REPLAT a (P.B. 156, PG 3, B.C.R.) U O E (RF�E FE CE STIC S28 FHO f B 3' W S46 0s35 A�qS m 36. 7 FgsT POINT OF R BEGINNING (Iv qSp� 77�o yi4� 4T A R COPYRIGHT ® 2010 j' �VF Oqo NOTE: ALL RIGHTS RESERVED fN- THIS IS NOT A BOUNDARY SURVEY. CML..SURV DESIGN GROUP, INC r i NOT VAUD WITHOUT SHEET 1 OF 2. DATE REVISIONS SKETCH AND DESCRIPTION for: DATE 9 27-4010 10 5 10 COUNTY COMMENTSSCALE FPL F I B E R N ET LLC CIVILSU V FIELD BK. N/A Broward Count Florida A Tradition of Innovative En ineering DWG. BY RNJ i+ File: L.B. No. '7a05 SHEET NO. 2 OF 2 SHEETS fpl tomarac rev,dwg CHK. BY SAW PROJECT NO. 17858