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Home My WebLink AboutCity of Tamarac Resolution R-2008-008Temp. Reso. #11343 January 17, 2008 Pagel CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- Qg A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO GRANT A PERPETUAL EASEMENT TO FLORIDA POWER AND LIGHT FOR THE INSTALLATION OF UNDERGROUND UTILITY FACILITIES AT THE TAMARAC SPORTS COMPLEX EXPANSION PROJECT LOCATED AT 9901 NW 77 h 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 Tamarac Sports Complex Expansion Project located at 9901 NW 77t' Street will require the installation of underground utility facilities; and WHEREAS, a perpetual easement is required by Florida Power and Light for the installation, maintenance, and operation of necessary underground utility facilities; and WHEREAS, the City, as owner of the Tamarac Sports Complex Expansion Project has offered a perpetual easement (a copy of which is attached hereto as "Exhibit 1 ") to Florida Power and Light; and WHEREAS, it is the recommendation of the Director of Public Works that this perpetual easement be granted to Florida Power and Light; and 1 Temp. Reso. #11343 January 17, 2008 Page2 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 easement for the installation of underground utility facilities to Florida Power and Light at the Tamarac Sports Complex Expansion Project located at 9901 NW 77th 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. SECTION 2: The appropriate City Officials are hereby authorized to grant a perpetual easement to Florida Power and Light for the installation of underground utility facilities at the Tamarac Sports Complex Expansion Project located at 9901 NW 77tn 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. 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. Temp. Reso. #11343 January 17, 2008 Page3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11: ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. �'wv Zh►f q SAMtf1EL S. O CITY ATTORNEY 1 J BETH FLANSBAUM - TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER j r DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER Work Request No. 2653484 Sec.6, Twp 49 S, Rge 41 E Parcel I. D. (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 7/94 EASEMENT This Instrument Prepared By Name: Libardo Valencia Co. Name: Florida Power & Light Company Address: 330 SW 12`" Ave Pompano Beach, FL. 33069 pg 1 of 1. 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 licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of underground electric utility facilities (including 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 12 feet in width described as follows: 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 and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; 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 land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTES ._ iG arion .Swenson, CMS City Clerk STATE OF FLORIDA SS COUNTY OF�Q�Q,�: GRANTOR- City of Tamarac By: �u gxmh� Beth Flansbaum-Talabisco Mayor 7 Date: Approved as to form: BY: z 1L1� "' V oil Samuel . oren City Aft rney 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 1 eo to me known to be the erson(s) described in and who executed the foregoing instrument and �At-acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day NOTARY PUBLIC, State of F at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Exhibit "1" Exhibit "A" LEGAL DESCRIPTION & GRAPHIC DEPICTION TAMARAC SPORTS COMPLEX TAMARAC , FL 33321 PROPOSED FPL EASEMENT DESCRIPTION: A PARCEL OF LAND 12.00 FEET IN WIDTH, BEING A PORTION OF PARCEL "R". KINGS POINT REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 156, PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LYING 6.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST NORTHERLY CORNER OF PARCEL "R", THENCE S28'05'31"W, ALONG THE WEST LINE OF SAID PARCEL "R", A DISTANCE OF 99.93 FEET, TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE S61'54'30"E, A DISTANCE OF 16.58 FEET; THENCE S03'48'36"E, A DISTANCE OF 36.83 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. SUBJECT TO ALL EASEMENTS, RESERVATIONS AND RIGHTS —OF —WAY OF RECORD. LEGEND (THROUGHOUT DOCUMENT) U.E. = UTILITY EASEMENT R/W = RIGHT—OF—WAY POB = POINT OF BEGINNING POC POINT OF COMMENCEMENT PB = PLAT BOOK PG. — PAGE M — MEASURED o/s — OFFSET BCR = BROWARD COUNTY RECORDS MTS , MINIMUM TECHNICAL STANDARDS FAC = FLORIDA ADMINISTRATIVE CODE PL — PLANTER ORB — OFFICIAL RECORDS BOOK PC = PAGE UTIL — UTILITY EASE = EASEMENT D DELTA NOTES: THIS SURVEY IS NOT VALID WITHOUT THE SURVEYORS SIGNATURE AND EMBOSSED SEAL, NOT VALID WITHOUT SHEETS 2 & 3 THIS LEGAL DESCRIPTION SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS OF THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO CHAPTER 472.027, F.S. AND COMPLIES MATH THE MINIMUM TECHNICAL STANDARDS AS SET FOURTH IN CHAPTER 61G16-6 FLORIDA ADMINISTRATIVE CODE. THE PROPERTY DESCRIBED HAS NOT SEEN ABSTRACTED TO REFLECT ANY ENCUMBRANCES. CERTIFICATION: I HEREBY CERTIFY THAT THIS GRAPHIC AND DESCRIPTION IS TRUE AND CT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATED—20-07. RICHARD L. DAMS, P.S.M, CERTIFICATE #2643 STATE OF FLORIDA THE DESCRIPTION DEPICTED HEREON IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE R. L. DAVIS & ASSOCIATES, INC. LB #7616 SURVEYING MAPPING PLANNING & CONSULTING 509 N.E. 28TH DRIVE .x. WILTON MANORS, FLORIDA 33334 PHONE (954) 826-0400 FAX (954) 566-0038 LEGAL DESCRIPTION & GRAPHIC DEPICTION TAMARAC SPORTS COMPLEX TAMARAC , FL 33321 PROPOSED FPL EASEMENT 0 50 100 200 400 GRAPHIC SCALE �.--S79 'S3' 27"E 611.37' DE IL--- ---- ------------- SEE EET 3 ---_ -528 ' 5 ' 31 " W ----------- _ 4.18' --561 '54 ' 30 "E 12.00' -- 85.00' D= 67'21'35" N28'05'31"E R=370.00' A=434.99' S61°54'29"E 678.78' 0= 32'54'40" -- R=690.00' A=396.34' N20'22'48"E - 140.56' 514'14'59"E - A=268.72' 765.82' R=550 00' c- 27'59'36' 142.43' '. S07 "36' 48"E�', 0= 1'24'21" y, R=1600.00' r A=39.26' 1 _ - --l- 74 '20' 39"E 140.81' NOT VALID WITHOUT SHEETS 1 & 3 THE SURVEY DEPICTED HEREON IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE R. L. DAVIS & ASSOCIATES, INC. LB #7616 SURVEYING MAPPING PLANNING & CONSULTING 509 N.E. 28TH DRIVE WILTON MANORS, FLORIDA 33334 PHONE (954) 826-0400 FAX (954) 566-0038 LEGAL DESCRIPTION & GRAPHIC DEPICTION N • TAMARAC SPORTS COMPLEX TAMARAC , FL 33321 W E PROPOSED FPL EASEMENT 0 T5 15 30 60 GRAPHIC SCALE I 0� POINT OF BEGINNIN / S6116 ' 0"E wl A� / Lo Q' / � mcr3 cq 3co Q�v T. pq 1411 / Q Ay / 12. �Avl OINT OF TERMINUS J POINT OF BEGINNING MOST NORTHERLY CORNER PARCEL "R„ NOT VALID WITHOUT SHEETS 1 & 2 THE SURVEY DEPICTED HEREON IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE R. L. DAVIS & ASSOCIATES, INC. LB #7616 SURVEYING MAPPING PLANNING & CONSULTING 509 N.E. 28TH DRIVE WILTON MANORS, FLORIDA 33334 PHONE (954) 826-0400 FAX (954) 566-0038