HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-102Temp. Reso. #11659
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July 8, 2009
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, GRANTING A TEMPORARY
CONSTRUCTION EASEMENT TO BROWARD COUNTY,
FLORIDA DURING THE CONSTRUCTION OF THE PINE
ISLAND ROAD PROJECT; AUTHORIZING THE TYING IN AND
HARMONIZING OF CITY PROPERTY LOCATED AT THE
INTERSECTION OF COMMERCIAL BOULEVARD AND PINE
ISLAND ROAD DURING THE PROJECT; AUTHORIZING THE
EXECUTION OF THE EASEMENT AGREEMENT; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Broward County's Pine Island Road Project runs adjacent to
property owned by the City at the northeast corner of Commercial Boulevard and
Pine Island Road; and
WHEREAS, it is necessary for the City to grant Broward County a
temporary construction easement in order for Broward County to enter upon the
City's property to tie in and harmonize the western ingress/egress access point
from this property to Pine Island Road; and
WHEREAS, a temporary construction easement has been negotiated
with Broward County and is attached hereto as Exhibit "A"; and
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Temp. Reso. #11659
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July 8, 2009
WHEREAS, City Staff recommends approval and execution of this
temporary easement agreement; and
WHEREAS, the City Commission, having reviewed Staffs
recommendation and other information associated therewith, the City
Commission finds that execution of the temporary easement agreement is in
the best interests of the citizens and residents of the City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF TAMARAC AS FOLLOWS:
Section 1. The foregoing "WHEREAS" clauses are confirmed and
ratified as being true and correct and are hereby incorporated herein. All exhibits
attached hereto are incorporated herein by this reference.
Section 2. The City Commission of the City of Tamarac, Florida hereby
authorizes the appropriate City Officials to execute the temporary construction
easement agreement with Broward County as more particularly set forth in
Exhibit "A" attached hereto and to take all action necessary to effectuate the
intent of this resolution.
Section 3. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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July 8, 2009
Section 4. 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 5. This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE CITY CO MISSION OF THE CITY OF
TAMARAC, FLORIDA THIS �- DAY OF_ ` 2009.
CITY OF TAMARRA�AC, FLORIDA
ATTEST:
BETH TALABISCO, MA OR
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B. TALABISCO
MARION SWENSON, CIVIC
P. BUSHNELL
CITY CLERK
D. GLASSER
P. ATKINS-GRAD
H. DRESSLER
I HEREBY CERTIFY that I
Have approved this
RESOLUTION as to form.
(r�ArjYR—NEY
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Exhibit "A"
TR #11659
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT, made this day of `' 2009, in
consideration of the benefits described below, CITY / OF AMARAC, a municipal
corporation of the State of Florida, whose mailing address is 7525 NW 88 Avenue,
Tamarac, FL 33321 (hereinafter referred to as "City"), does hereby give, grant, bargain,
and release to BROWARD COUNTY, a political subdivision of the State of Florida
(hereinafter referred to as "County"), whose mailing address is 115 S. Andrews Avenue,
Fort Lauderdale, Florida 33301, a Temporary Construction Easement, over and across
that part of our property which is more particularly described as follows:
The East 10 feet of the West 17 feet of the South 50 feet of the North 170 feet of
Lot 15, Block 8, LYONS COMMERCIAL SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 69, Page 42 of the public records of Broward
County, Florida in Section 9, Township 49 South, Range 41 East.
Said lands situate, lying and being in the City of Tamarac, Broward County,
Florida and containing 500 square feet (0.011 acres), more or less.
THIS TEMPORARY CONSTRUCTION EASEMENT shall be for the purpose of
tying in and harmonizing said property with the construction to be undertaken by County
in connection to Pine Island Road (the "Pine Island Roadway Project"). Upon
completion of the tying in and harmonizing of said property, County shall ensure that
said property shall be returned to substantially the same or better condition as it existed
prior to County's entry thereon.
At no time during the Pine Island Roadway Project shall County store any
equipment or supplies on City's property.
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Exhibit "A"
TR #11659
City shall not be responsible for any costs or liabilities related to the tying in and
harmonizing of said property to the Pine Island Roadway Project. To the extent
permitted by law, County shall be fully responsible for the acts and omissions of its
agents or employees arising out of the tying in and harmonizing of said property during
the Pine Island Roadway Project.
THIS TEMPORARY CONSTRUCTION EASEMENT shall expire upon completion
of the Pine Island Roadway Project, but no later than
, 20 , at
which time all interest shall immediately revert back to the undersigned owner.
IN WITNESS WHEREOF, the said party of the first part caused these presents to be
executed in its name by its Board of City Commissioners, acting by the Mayor -
Commissioner, the day and year first written above.
ATTEST: CITY OF TA RAC, FLORIDA
, 7 tea By
City Clerk Mayor -Commissioner
(Print or Type Name)
APPRO E A TO LEGAL SUFFICIENCY
By '7- 34-0�
ity rney (Date)
2/19/09
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