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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-0791 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- 71 Temp. Reso. #10400 April 4, 2004 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A "TAMARAC DRAINAGE EASEMENT" WITH THE WOODLANDS SECTION SEVEN ASSOCIATION, INC., FOR THE WOODLANDS SECTION SEVEN DRAINAGE IMPROVEMENTS PROJECT, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, OPERATING, AND ALTERING OF SURFACE WATER STORM DRAINAGE IMPROVEMENTS; 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 surface water drainage system within the Woodlands section seven community, (attached hereto in map form as "Exhibit 1 ") has been improved to provide adequate surface water drainage system capacity; and WHEREAS, an easement is required by City Code Section 10-207 for the Surface Water Drainage System Improvements associated with the Woodlands Section Seven Drainage Improvements Project; and WHEREAS, The Woodlands Section Seven Association, Inc., has offered a "Tamarac Drainage Easement" for the Surface Water Drainage System Improvements associated with the Woodlands Section Seven Drainage Improvements Project; and 11 Temp. Reso.#8248 May 29, 1998 2 WHEREAS, it is the recommendation of the Director of Public Works that this drainage easement be accepted and executed for The Woodlands Section Seven Drainage Improvements Project; and 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 accept and execute a "Tamarac Drainage Easement" with The Woodlands Section Seven Association, Inc., for The Woodlands Section Seven Drainage Improvements Project required for installing, maintaining, operating, and altering the Surface Water Drainage System Improvements. 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 accept and execute a "Tamarac Drainage Easement" (attached hereto as "Exhibit 2") with The Woodlands Section Seven Association, Inc., for The Woodlands Section Seven Drainage Improvements Project, to allow legal access by City Utility Personnel in performing their duties, including surface water drainage installation, maintenance and operation. 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 Temp. Reso.#8248 May 29, 1998 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 its passage and adoption. PASSED, ADOPTED AND APPROVED this 281h day of April, 2004. ATTEST: / MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S.A T CITY ATTORNEY AI:4r7U7J1 C JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM.T LABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS Temp. Reso. No. 10400 Scale: N.T.S CITY OF TAMARAC N a� PUBLIC WORKS DEPARTMENT xIr ENGINEERING DIVISION SHEET 1 OF 1 W E S7 S3 S TAMARAC DRAINAGE EASEMENT EXHIBIT I La y 111E y\\ w w w wH7% QPK W W PO 0 W ¢ W w w w w w 55 CT w WATER OAK C W w W W p�R C" V P �'AC' T. W W W W y W W W W / W v w � y W W gCAw wC1R W C a 117 W w D SEC. y W W w r9P 'tom Cf� w W W Y J HICKa�-� W Q w w Chi w W W w w = W v w w W w IY!7�' d A W WHITE w w w w w f} 1 w 54 ST W w bp *p��� / 0 w w wD TC ,n� YP i ~ 53 ST W w W w` W W W w 2 w w AA LMP� w w PAW su V (�yljw W W w W x w W W GrpPR W g W �i9Y, W J W N LAURE IR �\ \�\ ::z1 W ti w CZR w '�.lAq"TWA W qt �- W W W f ALM EL SAGCIW W w w y w y �S 4 w ��• P/ y W W �' W PALM A REL w W w W w CA W W w W w w w w w i' W W W eP W �•al[W w W w \ W W W W W W W w w w E,FALM BRELLA \\ — " I -%A p 1—� '\\ w "- Lu W W W W W•t7 eef W DOD L'•Cl^ / ( p W O \ w J 0 >_ W W W W W W CIR JAGA AND RF�\\� W W pPC`�O - y W W W HOLLY w W ACX W w W W ��^ �;��, W W w w w W W w W CI w W W 4G W W W W W .-y------ •- w w w w w w w W w W MANGO wn �T W W W W fi� W W w w��i ---_ �qY w w CIRO- Z w r W W W W t2h ILK w y�C,y w W w w w W w W ^Q� W W W W yr�YWC Gi ` ` i yAK aCIR Z W W Gp4 w w w • 4 w w w O w w W r� d� ab� } GS' M No O H n 0 �.W YL w w W W W � �\ W W W A W W Wh„h W W W W w W W W cn D a/ W W V rVIIVCIA/ygw W y w y _...... �4UL$ERRY LN Z W w w M w V / IS VOODLANIS \COUNTRY JLUZ wWOODLANDS W W RChgR SR�G w w Ggl..F �nuRSE W w W W\\ Q'` W W W W RADIO 7A7TCN r W W w W W W w w W w W w W W W W W W w W W W w W w W W W W W W W W W W W W W W W w w W w w w W W W W W W W W WAX MYRTLE CIR 44 ST _ 44 ST LAUDERHILL SITE LOCATION 50 50 LGGYL➢LVl\O DDN'Dy a� .��WOODLANDS SECTION SEVEN Dram av CJIt Dda- 04/07/01 DRAINAGE IMPROVEMENTS PROJECT cn.ox.a HYr Datr: App ,y BW b t.- CITY OF TAMARAC, RROWARD COUNTY, FLORIDA SEC. 14, TWP. 49, RGE. 41 Exhibit "V Temp. Reso. No. 10400 TAMARAC DRAINAGE EASEMENT FOR: Woodlands Section Seven Drainage Improvements On this ��~ day of to / �- , 200 that The Woodlands Section Seven Association, Inc., having an address of 5700 Mulberry Drive, Tamarac, FL 33321 hereinafter called ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, (hereinafter "Grantee"), subject to the following provisions and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid by Grantee to Grantor, receipt of which is hereby acknowledged by both parties. Grantor is the fee simple owner of that parcel of real property which the Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, a perpetual easement under, over and upon a portion of the servient estate, a legal description of which is attached hereto as Exhibit "A" and incorporated by reference herein, (hereinafter "the easement area") Grantee may use the easement area for laying, installing, maintaining, operating and altering of surface water storm drainage and appurtenant facilities, water and sewer services and appurtenant facilities as well as for other comparable public utility purposes. Grantee's right to utilize the easement area shall be exclusive to the extent that Grantor shall grant no easement or license, nor make any covenants, having the effect of permitting use of the easement area by one other than Grantee, except grantor may furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable TV that crosses this easement at right angles. Grantor may, for its own purposes, utilize the easement area and shall retain a right of free ingress and egress under, over and upon the easement area; provided that, in no event, shall any of the rights herein reserved to Grantor impede the easement herein granted or the exercise of the rights of use thereunder. 980605 1 Water and Sewer Utility Easement Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted, or the exercise of the rights thereunder. Grantor shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the Grantee, a perpetual non-exclusive easement upon the servient estate whereby Grantee shall have reasonable access necessary to fully exercise Grantee's rights within the easement area. The provisions of the easement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with and binding upon the servient estate. This easement shall not be released or amended without consent of the Grantee as evidenced by a document signed with the same formalities as this document. Grantee shall record this document in the Public Records of Broward County, Florida. This instrument contains the entire agreement between the parties relating to the rights granted and the obligations assumed pursuant to this instrument. Any oral representations or modifications concerning this instrument shall be of no force and effect, excepting a subsequent modification reduced to writing, signed by the party to be charged therewith. 980605 2 Water and Sewer Utility Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: 7 By: Type Name (Corporate Seal) STATE OF FLORIDA SS COUNTY OF Broward GRANTOR 0 Type Name The Woodlands Section Seven Assoc-*atiom, Inc. 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 me known to be the person(s) described in and who executed the foregoing inrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of !kw` 20 cat (/)Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, �s GommisdM # DDVM76 �OF Fir BOIIdL'd 1�n1 ,,,,• Atkntit Banding co., Inc. Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 980605 3 Water and Sewer Utility Easement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By:�-� Marion Swenson, CIVIC City Clerk STATE OF FLORIDA :SS ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jo chreiber Mayor Date: Jeffrey L. ' ler City Manag er Date: �1f d ApproG d Os to for, Mitchell S. Kraft - City Attorney COUNTY OF Br00at-t : 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 5�--kre..� r- +a4� L. M i llerto me known to be the person(s) described in and who executed the foregoing instrument and —11 � acknowledged before me and under oath that �s� executed the same. WITNESS my hand and official seal this v1-5 day of r i,, 20,2�(. �� JUNE A. WHITE �'s Notary Public - State of FtoriWa • My Gamriesion E� Aup 15, 20M Commission ! D13119065 �'%",-;'�r-t Bonded By National Notary Assn. ( Personally known to me, or ( ) Produced identification l� NOTA PUBLIC, State of Florida at Large Ne— A -- ctil � C. �_ (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( T66D NOT take an oath 980605 4 Water and Sewer Utility Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE l i / do hereby affirm that I am the Ptef; t of and that I have executed a Tamarac UtilitiesWater'alid Sewer Easement with the City of Tamarac for woodlands section seven Drainage Improvemeloroject and that I am the owner of the property covered by said Tamarac Utilities Water and Sewer Easement. There are no mortgages held on the property, which is the subject of said Tamarac Utilities Water and Sewer Easement. STATE OF FLORIDA SS COUNTY OF Broward FURTHER AFFFIANT SAYETH NOT. (S' nature) This day of �-� _ , 20 . 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\\ to me known to be the person(s) described in and w executed the foregoing instrument and 5 acknowledged before me and under oath that sue_ executed the. same. WITNESS my hand and official seal this day of �� �LVN , 20,:,l. (�jf ersonally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or ty�{ � C�asVb n 76 gatmmis�osi � t� • aond®d b 1fJQ6 Spiv ,�� Adlandc Bocdlq Co.,1W, Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath. 980605 5 Water and Sewer Utility Easement ' Exhibit "A" Temp. Reso. No. 10400 SKETCH AND LEGAL DESCRIPTION PULIGE LAND SURVEYORS, INC. P`S 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 FAX: (954) 572-1778 E—MAIL: surveys*pulicelaBY ndsurveyors.com CERTIFICATE OF AUTHORIZATION #LB.387© r / 3V / PARCEL "R" � r r BLOCK 31 i r LOT 54 --APPROXIMATE LOCATION r �\ OF DRAINAGE PIPE 388'50'02"E r i 101.1.`i' - RANIUS=278.00' \ /N88*50'02"W/— -� L- 04'10'40" ._ 91.83' S55'11'26"E nor .-20.27' /-`19.13' 77 583' 57 5� W 1I � I I I1 ---547-54'18"W 15.26' SOUTH LINE PARCEL .R POINT OF BEGINNING MOST SOUTHERLY S.F. CORNER PARCEL "R" 3.22' N55'11'26"W S86'03'55"W 8.20' ' LOT 11 FILE: CITY OF TAMARAC SCALE. T-60' ORDER NO.- 45271 DATE: 02/24/04 PROPOSED STORMWATER PIPE EASEMENT TAMARAC, BROWARD COUNTY, FLORIDA FOR- CITY OF TAMARACm0i SHEET ONE _, — LAKE TWO SHEETS John F. Pulice, Reg. land Surveyor #2691 Beth Burns, Reg. Land Surveyor #6136 State of Florida x SKETCH AND LECQAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. V`$ 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 FAX: (954) 572--1778 E—MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION #LB3870 LEGAL DESCRIPTION: PROPOSED STORMWATER PIPE EASEMENT A PORTION OF PARCEL. "R", BLOCK 31, "THE WOODLANDS SECTION SEVEN" ACCORDING 1-0 I I IE PLAT THEREOF AS RECORDED IN PLAT BOOK 67, PAGE 41 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID PARCEL "R"; THENCE SOUTH 86'03'55" WEST ON THE SOUTH LINE OF SAID PARCEL. "R" 8.20 FEET; THENCE NORTH 55`11'26" WEST 15.22 FEET; THENCE NORTH 88°50'02" WEST 91.83 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE, CONCAVE WEST, THE RADIUS POINT OF WHICH BEARS SOU I 1-1 8,3'57'56" WEST; THENCE NORTHERLY ON THE ARC OF SAID CURVE, WITH A RADIUS OF 278.00 FEET AND A CENTRAL ANGLE OF 04"10'40" AN ARC DISTANCE OF 20.27 FEET; THENCE SOUTH 88'50'02" EAST 101.15 FEET; THENCE SOUTH 55*11'26" EAS-1 19.13 FEET TO A SOUTHWESTERLY LINE OF SAID PARCEL "R"; THENCE SOUTH 47'54'18" WEST ON SAID SOUTHWESTERLY LINE 15.26 FEET TO THE POINT OF BEGINNING, SAID PROPOSED STORMWATER PIPE EASEMENT CONTAINING 2,190 SQUARE FEET, 0.0503 ACRES. NOTES: 1) BLARINGS ARE: BASED ON THE SOUTH LINE OF PARCEL "R" BEING S86-03'55"W. 2) A DENOTES: CENTRAL ANGLE. 3) q DENOTES: CENTERLINE. 4) THIS IS NOT A SKETCH-1 OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 5) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. F OF TAMARAC A.: 45271 4/04 STORMWATER PIPE EASEMENT BROWARD COUNTY, FLORIDA OF TAMARAC SHEET TWO OF TWO SHEETS r' John F. Pulice, Reg. Land Surveyor #2691 Beth Burns, Reg. Land Surveyor #6136 State of Florida