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Home My WebLink AboutCity of Tamarac Resolution R-2006-016Temp. Reso. #10883 January 3, 2006 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-j A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO GRANT A PERPETUAL PUBLIC UTILITY EASEMENT TO FLORIDA POWER AND LIGHT, BELLSOUTH, AND COMCAST FOR THE INSTALLATION OF UNDERGROUND UTILITY FACILITIES THROUGH THE CAPORELLA AQUATIC CENTER PROJECT LOCATED AT 9301 NW 58TH 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 WHEREAS, the Caporella Aquatic Center Project located at 9301 NW 58t' 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 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 Caporella Aquatic Center Project has offered a perpetual Public Utility Easement (a copy of which is attached hereto as "Exhibit 2") to Florida Power and Light, Bellsouth, and Comcast; and WHEREAS, it is the recommendation of the Director of Public Works that this perpetual Public Utility Easement be granted to Florida Power and Light, Bellsouth, and Comcast; and Temp. Reso. #10883 2 January 3, 2006 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 to Florida Power and Light, Bellsouth, and Comcast through the Caporella Aquatic Center Project located at 9301 NW 58ti' 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 Public Utility Easement to Florida Power and Light, Bellsouth, and Comcast for the installation of underground utility facilities through the Caporella Aquatic Center Project located at 9301 NW 58t' 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. 1 7 1 SECTION 6: passage and adoption. Temp. Reso. #10883 3 January 3, 2006 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this_,1 ,_day of Jcn 2006. ATTEST: , MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4SMLUELS'. GOREN CITY ATTORNEY dtm JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS P_ D 2 y w 67 L(spa, AVGLAS ?Z//"" P.R. #10883 CITY OF TAMARAC Scale: N.T.S N PUBLIC WORES DEPARTMENT Nr Na ENGINEERING DIVISION SHEET 1 OF 1 W E 9l S PUBLIC UTILITY EASEMENT p T W T ❑D 2 F'f' / 66 'p W •'Y` ` W ... S � ��q0D� y a� w W LAND SEC, 8, WEDGEW❑❑D LN ,E 3 63 W Wr W W W W W y , �i SANTA ROSA DR. 61 ST 3¢ PATI❑ HI]MES ] a I! I 60 ST _ L sari"sA " _ 59 LANF SOUTH m dhW TEF LAMA BRADSHAW LN - GE J a E. PLUM HARBOR WY. 59 1 3p W W C❑L. W. W W CLUB r W T HOUSE •Y /�� 67 W W L W . W RAL W W W LMS W W W ❑LF W W W W p2/ W Li W V LLASI CIO W W W W W LU •v 4 LiW W .. W C7 z W W p OS1N•C \ c PN4$ LAGOS \ yF^ •v W W .r W W o 2 a 3 W W W r WEDGES W W •4 W W W W W c _ W W W W W W W W W W W W W W W BOARDWALK APTS, > 61 ST a PARADISE CT Q 61 ST S❑as a m PAR. DR BOARDWALK APTS. N KARADISE 0 II SST Q`' Q 59 PL, ss / LLJ Q a 59 CT W BILE J 0000 59 ST m MAINLA� 12L F-1 UNIT LYDNS INDUSTRIAL a cyn F a PL w n n id1 of V.G.C. PARK LJ PARK / / 3 0° r a F (VISUAL GRAPHICS) > 58 58 ST � m m GRAPHLINE ST MARLEN 57 DR w MAI LA DS U T/I � - PARK r 57 L N. ¢ REE ST❑R❑PACK THE TAMARAC ¢ Co N. 57 PL g 12 FERGUS❑N 3 Z MIAMI HERALD JEWISH CENTER CINNAM❑N TREE 10 8741-8767 57 CT CORP. ST PLAZA ❑FC. BLDG 57 ST LY❑NS COMM SUB C17M ERCIAL BLVD SHELL CHEVRON SITE LOCATION ft A" °"` w1vv' a"'` Caporel la Aquatic Center Ne. WM Rxn�nu D1ulw� !LC GAL Dots A1�0!/bf EXHIBIT > CITY OF TAMARAC, BROWARD COUNTY, FLORIDA yp....d °" an4 JOHNL � Fl SEC. 8, TWP. 49, RGE. 41 Exhibit "2" Temp. Reso. No. 10883 Instrument Prepared by and Return to: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Property Appraisers Identification No. 12-I-13a1 81111as1 41KIVI43V$001 THIS INDENTURE made this 15_ day of n , 2006, between the CITY OF TAMARAC, FLORIDA, located at 7515 NW 88"' Avenue, Tamarac, Florida ("GRANTOR"), expressly grants a perpetual easement for the purposes described herein to FLORIDA POWER AND LIGHT, BELLSOUTH, AND COMCAST ("GRANTEES") on and over the real property more particularly described on "Exhibit A" attached hereto, subject to the following provisions and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid by GRANTEES to GRANTOR, receipt of which is hereby acknowledged by both parties. GRANTOR hereby grants, bargains and sells to GRANTEES, their successors and assigns a perpetual 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"). GRANTEES 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 by GRANTEES shall be located solely in the Easement Area and underground. Page 1 of 2 \\dellone\ud pw\capital improvement projects\caporella aquatic center\correspondence\public utility easement 2005 (revised2).doc The provisions of this easement shall be binding on the GRANTOR its successors and assigns as a covenant running with and binding upon the Easement Area. This easement shall not be released or amended without the express written consent of the GRANTOR as evidenced by a document signed with the same formalities as this document. 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: Print Name Print Name ATTEST: City Clerk. STATE OF FLORIDA COUNTY OF BROWARD CITY OF TAMARAC BY: f 6seph chreiber, Mayor The foregoing instrument was acknowledged before me this 2�1- day of n 2006, by Mayor of Tamarac, who is personally known to me or has produced a Florida Driver's icense as identification. Q� �1 VOTARY PUBLIC ,µ1 n,, Marion Set" My Commission DD260279 IJ Expires October 24, 2007 Page 2 of 2 V3 11 \\dellone\ud pw\capital improvement projects\caporella aquatic center\correspondence\public utility easement 2005 (revised2).doc Exhibit "A" SKETCH AND LEGAL DESCRIPTION OF A 10' WIDE FP&L EASEMENT AT THE TAMARAC AQUATIC FACILITY IN PARCEL "P", LYONS INDUSTRIAL PARK, CITY OF TAMARAC, PAPAAAni lKIT FKIrIKIFFPINr. rPr)I IP BROWARD COUNTY, FLORIDA 902 Clint Moore Road, Suite 142, Boca Raton, FL 33487 PROJECT, DATE, SHEET, Telephone: (561)989-2280 Fax: (561)989-2284 3197—FP&L—UE 12/02/05 1 OF 3 State of Florida Certificate of Authorization No. LB3353 LEGEND: POC = POINT OF COMMENCEMENT POB = POINT OF BEGINNING ORB = OFFICIAL RECORD BOOK PB = PLAT BOOK PG = PAGE B.C.R. = BROWARD COUNTY RECORDS SEC = SECTION TWP = TOWNSHIP RGE = RANGE DRAWN BY, MS I CHECKED BYi REVISIONS I„.nATr SKETCH OF LEGAL DESCRIPTION THIS IS NOT A LAND SURVEY LOCATION MAP SURVEYOR'S NOTES: 1. NO TITLE RESEARCH HAS BEEN CONDUCTED BY THIS FIRM INTO POTENTIAL CONFLICTS WITH EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS OF RECORD. 2. NO TITLE INFORMATION HAS BEEN FURNISHED. BOUNDARY AND TITLE INFORMATION SHOWN HEREON WAS TAKEN FROM RECORD PLATS AND SURVEY INFORMATION PROVIDED BY THE CONTRACTOR. 3. EASEMENT ALIGNMENT DERIVED FROM INFORMATION PROVIDED BY FLORIDA POWER & LIGHT CO. AND CONTRACTOR. 4. TAMARAC AQUATIC FACILITY BOUNDARY INFORMATION TAKEN FROM A TOPOGRAPHIC SURVEY TITLED HAMPTON HILLS PARK PARCEL PREPARED BY CARNAHAN PROCTOR CROSS, INC. UNDER FILE NO. 030509 DATED 4/01/05. PREPARED FOR AND CERTIFIED TO: SEAWOOD BUILDERS FLORIDA POWER & LIGHT CO. SURVEYOR'S CERTIFICATION: MS I HEREBY CERTIFY THAT THE LEGAL DESCRIPTION AND SKETCH AS SHOWN HEREON ARE BY TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND SLUEF. -- SUBJECT 1 NOTES AND NOTATI NS OWN HEREON. tt _ DATE: C MICHAEL F. SPER PROFESSIONAL LAND SURVEY FLORIDA REGISTRATION NO. 260 = SHEET 1 OF 3 SKETCH OF LEGAL DESCRIPTION OF A 10' WIDE FP&L EASEMENT AT THE TAMARAC AQUATIC FACILITY IN PARCEL "P", LYONS INDUSTRIAL PARK, CITY OF TAMARAC, PARAMOUNT ENGINEERING GROUP BRQWARD COUNTY, FLORIDA 902 Clint Moore Rood, Suite 142, Boca Raton, FL 33487 PROJECT, DATE, SHEET, Telephone:(561)989-2280 Fax:(561)989-2284 3197—FP&L—UE 12/02/05 2 OF 3 State of Florida Certificate of Authorization No. LB3353 NOT INCLUDED PART OF PARCEL "P", o LYONS INDUSTRIAL PARK P.B. 71, PC 1, B.C.R. II NORTH LINE TAMARAC 532°48'47'E AQUATIC FACILITY < Se8°59'06'E 97.00' 12.04' A aY� 3� LL(LC3 O C? 0. Z?� Cam a 0) �J m 0 N N a� JU 3 w06 C) c� Q 0- o wa o z z J n H Ln w d Z •w ■ CITY OF TAMARAC AQUATIC FACILITY \ A PART OF PARCEL "P", LYONS INDUSTRIAL PARK P.B. 71, PC 1, B.C.R. P. 0. C. SOUTHWEST CORNER OF PARCEL "P LYONS INDUSTRIAL PARK, P.B. 71, PG. 1, B.C.R. SOUTH LINE PARCEL "P" P.B. 71, PG. 1, B.C.R. CENTER LINE 10' WIDE _ORIDA POWER & LIGHT UTILITY EASEMENT SKETCH OF LEGAL DESCRIPTION I THIS IS NOT A LAND SURVEY SHEET 2 OF 3 LEGAL DESCRIPTION OF A 10' WIDE FP&L EASEMENT AT THE TAMARAC AQUATIC FACILITY IN PARCEL "P", LYONS INDUSTRIAL PARK, CITY OF TAMARAC, PARAMOUNT ENGINEERING GROUP BRQWARD COUNTY, FLORIDA 902 Clint Moore Road, Suite 142, Boca Raton, FL 33487 PR❑JECTi DATE, SHEET, Telephone.,(561)989-2280 Fox.(561)989-2284 1 3197—FP&L—UE 1 12/02/05 1 3 OF 3 State of Florida Certificate of Authorization No. LB3353 LEGAL DESCRIPTION A 10 FOOT WIDE FLORIDA POWER & LIGHT COMPANY UTILITY EASEMENT LYING IN PARCEL "P", LYONS INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 71 ON PAGE 1 OF THE PUBLIC RECORDS OF BRQWARD COUNTY, FLORIDA. THE CENTER LINE OF SAID 10 FOOT WIDE EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "P"; THENCE N00"01'37"W, ALONG THE WEST LINE OF SAID PARCEL "P", A DISTANCE OF 520.39 FEET; THENCE S88'59'06"E, ALONG THE NORTH LINE OF THE TAMARAC AQUATIC FACILITY, A DISTANCE OF 97.00 FEET TO THE INTERSECTION WITH THE NORTHWESTERLY EXTENSION OF THE CENTER LINE OF SAID 10 FOOT WIDE UTILITY EASEMENT; THENCE S32'48'47"E, ALONG SAIL NORTHWESTERLY EXTENSION, A DISTANCE OF 12.04 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE OF SAID 10 FOOT WIDE UTILITY EASEMENT SAID POINT OF BEGINNING ALSO BEING THE INTERSECTION WITH A LINE 10 FOOT SOUTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SAID NORTH LINE OF THE TAMARAC AQUATIC FACILITY SAID PARALLEL LINE FORMS THE NORTHERLY TERMINUS OF SAID UTILITY EASEMENT; THENCE CONTINUE S32'48'47"E, ALONG SAID CENTER LINE, A DISTANCE OF 202.00 FEET TO THE END OF SAID CENTER LINE AND TERMINUS OF SAID UTILITY EASEMENT. NOTE: THE BEARINGS REFERRED TO HEREIN ARE RELATIVE TO THE BEARING DATUM USED FOR THE PLAT OF LYONS INDUSTRIAL PARK. SHEET 3 OF 3