HomeMy WebLinkAboutCity of Tamarac Resolution (157)June 12, 2002 — Temp. Reso. 9790
Page 1 of 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-157
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
"lOF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A TAMARAC
TEMPORARY CONSTRUCTION EASEMENT WITH
WOODLANDS COUNTRY CLUB FOR THE WOODLANDS
DRAINAGE IMPROVEMENTS PROJECT LOCATED ON THE
WOODLANDS COUNTRY CLUB PROPERTY; 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 Woodlands Drainage Improvements project will require the
installation of a drainage culvert on the Woodlands Country Club property; and
WHEREAS, this temporary construction easement, a sketch and legal description of
which is attached hereto as "Exhibit A", is necessary to allow legal access to the
Woodlands Country Club property during construction; and
WHEREAS, the Woodlands Country Club, as owner of the Woodlands Country Club
property has offered a "Tamarac Temporary Construction Easement", a copy of which is
attached hereto as "Exhibit B", for the installation of a drainage system; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Assistant City Engineer that this easement be executed; and
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June 12, 2002 — Temp. Reso. 9790
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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 execute this "Tamarac Temporary Construction Easement" with
the Woodlands Country Club, for the Woodlands Drainage Improvements project located
on the Woodlands Country Club property for the installation of a drainage culvert.
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 Temporary Construction Easement" with the Woodlands Country
Club, for the Woodlands Drainage Improvements project located on the Woodlands
Country Club property to allow legal access during construction.
SECTION 3: The City Clerk is hereby authorized and directed to record said
easement 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.
M
Al
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June 12, 2002 -- Temp. Reso. 9790
Page 3 of 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 12th day of June, 2002
ATTEST:
I
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
RESOLUTION as to form.
MITCHELL S. KRAFT
J,
7JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST 1:
V/M. PORTNER
AYE
DIST 2:
COMM. MISHKIN
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4:
COMM. ROBERTS
AYE
EXHIBIT "B" Temp. Reso. #9790
Page 1 of 5
CITY OF TAMARAC TEMPORARY CONSTRUCTION EASEMENT
FOR: WOODLANDS DRAINAGE IMPROVEMENT PROJECT
NAME OF PROJECT
This TEMPORARY CONSTRUCTION EASEMENT made this
J� 91;r
day of _ , 2002, by WOODLANDS COUNTRY CLUB, a�fj
CORPORATION, having an address of ;416eo Aampthw pS rl�l-lr� �9'�IAIQJ TL C
(hereinafter "Grantor"), and 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"). (Whenever used herein, the term "Grantor" and "Grantee" shall
include the respective successors and assigns of the parties hereto, whenever the
context so admits or requires).
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in Broward
County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred
to as "Servient Estate"); and
WHEREAS, Grantee requires a Temporary Construction Easement to construct
a portion of a drainage system; and
WHEREAS, Grantor agrees to grant unto Grantee a Temporary Construction
Easement hereinafter described, upon certain specific terms and conditions.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable considerations paid by each of the parties hereto to the other
party, receipt of which is hereby acknowledged by both parties, the parties hereto do
hereby grant and agree as follows:
EXHIBIT "B" Temp. Reso. #9790
Page 2 of 5
1. Grantor hereby grants to Grantee, its successors and assigns a
Temporary Construction Easement, non exclusive, over and upon the servient estate,
as more specifically indicated on Exhibit A, (attached hereto) for the purpose of
constructing a portion of a drainage system as described in Exhibit B (attached hereto).
2. The parties agree that the Temporary Construction Easement shall
Commence on June 1, 2002 and terminate on November 1, 2002. Should the Grantor
not be able to complete the proposed work within this stipulated time, the Temporary
Construction Easement shall Commence on June 1, 2003 and terminate November 1,
2003. The Grantor must perform its own agenda and time for completing the
construction of a portion of the drainage system is of the essence.
3. The Grantee shall afford the Grantor, its agents, servants and employees
the right of free ingress and egress over and upon the Temporary Construction
Easement at all times and in no event shall the Grantee impede or block the free
movement of the Grantor from any portion of the servient estate. During the easement
period the Grantee shall provide, temporary access to cross the roadway, if necessary.
4. The Grantee shall restore, relocate and replace roadways, curbing,
landscaping, irrigation valve sprinklers, and light posts (all as indicated on Exhibit B)
prior to the termination of the Temporary Construction Easement.
b. This Temporary Construction Easement shall not be altered without
the sole consent of the Grantor and shall valid only within the stipulated timeframes
herein.
2
EXHIBIT "B"
Temp. Reso. #9790
Page 3 of 5
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
By: 1L2
Type Name ZI� )'sw
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF
GRA OR
By:
Type Name kawAaf
President
114lr A4K
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 who executed the foregoing instrument and acknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this day of ,
200 ,vZ*.
(N Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
NOTARY PUBLI
at Large K
Sate of Florida
Nancy Johnson
My Commission DDOW856
Expires February 03, 2006
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
3
EXHIBIT "B"
Temp. Reso. #9790
Page 4 of 5
ATTE T:
By:
Jeffrey L. Miller
City Manager
ATTEST:
By: 2��
Marion Swenson, MC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Jo S reiber
Mayor
Date:.,
By:
Jeffrey L. M I r
City Manager
prov4d # to
By: [�
Mitche Kraft,
'SS
City Attorney
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in t" County aforesaid to take acknowledgments, personally appeared
w j �,/,r L.. — 11i:.kto me known to be the person(s) described in and
who executed the for, going instrument and Ili r acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this dc: day of -i L4
200s�- .
FFICUII. NOTARY SEAL
NOTARY UBLIC, State of Florida
,TUNE A WHITE at Large
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC77MO
MY COMMISSION EXP. SEPT 1S 002
(Personally known to me, or
( ) Produced identification
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (.41DID NOT take an oath
In
EXHIBIT "B"
Temp. Reso. #9790
Page 5 of 5
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
Iti do hereby affirm that I am the
of and that I have executed a DRAINAGE
Easement with the City of Tamarac for t D�
project and that I am the-@ a of the property covered by said DRAINAGL Easement.
There are no mortgages held on the property, which is the subject of said
DRAINAGE Easement.
FU HER AFFI T SAYETH NOT.
nature)
This I day of �� _ , 200
STATE OF FLORIDA
: SS
COUNTY OF YD
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 who executed the foregoing instrument and acknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this '744— day of
200 26-:
('N Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
NOTAR PUBL to of Florida
at Large
Nancy Johnson
Jef My Commission DD088866
VC a—i.ac Fahniary 03. 2006.
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
61
EXHIBIT "A"
Temp. Reso. #9790
1 Or A
WILLIAMS, HATFIELD AND STONER, INC.
ENGINEERS PLANNERS - LAND SURVEYORS
2101 NORTH ANDREWS AVENUE,. SUITE 300 FT. LAUDERDALE FLORIDA 33311
SKETCH AND DESCRIPTION
50 FT. TEMPORARY CONSTRUCTION EA?�MENT
THE WOODLANDS COUNTRY CLUB
P.B. 67, Page 30, B.C.R.
N
_ THE WOODLANDS
COUNTRY CLUB
THE WOODLANDS P.B. 67, Page 30, B.C.R.
SECTION SIX \ SCALE
P.O. 57, Page 40, B.C.R.
1 "=100'
THE WOODLANDS
COUNTRY CLUB
P.B, 67, Page 30, B.C.R.
P.O.T.
LAKE
IS
THE WOODLANDS
a
SECTION EIGHT
P.B. 67. Page 42, B.C.R.
THE WOODLANDS
CtANA LpN
NRa UB
P.B. 6OU
ROYAL Y'oIN
�w
30,
T.C.R.
P
P.O.B. In
LEGEND
r
P.O.T. = Point of Termination
I
LEGAL DESCRIPTION
P.O.B. = Point of Beginning
I
A 50 FOOT STRIP OF LAND BEING A PORTION OF `THE
P.O.C. = Point of Commencement
wI
WOODLANDS COUNTRY CLUB" AS RECORDED IN PLAT BOOK 67.
B.C.R. = Broward County Records
q
OF COUNTY.
THE PUBLIC ROF SAID
FLORIDAO THE
P.B. = Plat Book
I
(J� I
CENTERLINE STRIS P BEING MORE
PARTICULARLY DESCRIBE AS FOLLOWS:
O.R. = Official Records
CL = Centerline
rnl
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 14,
TOWNSHIP 49 SOUTH, RANGE 41 EAST;
FL = Property Line
rnl
THENCE ON AN ASSUMED BEARING OF N 8935'23" E ALONG
R W = Right —of —Way
^I
THE SOUTH LINE OF THE SOUTHWEST ONE QUARTER (SW 1/4)
9 y
i
OF SAID SECTION 14. A DISTANCE OF 1714,92 FEET;
THENCE N 07'45'03" E A DISTANCE OF 796.98 FEET TO THE
I
POINT OF BEGINNING;
THENCE CONTINUE N 07'45'03" E A DISTANCE OF 170.00 FEET;
THENCE N 39'30'41" E A DISTANCE OF 170.00 FEET TO THE
1r
POINT OF TERMINATION;
I
SAID LANDS SITUATE IN THE CITY OF TAMARAC, SROWARD
COUNTY, FLORIDA, CONTAINING 17.000 SQUARE FEET, MORE OR
wf
LESS.
of
SHEET 1 OF 1
�n
'I
SEAL
P.O.C.
iI
SOUTHWEST CORNER OF
SECTION 14-49-41
I
NOT VALID WITHOUT THE
SIGNATURE AND THE
171 11
I
ORIGINAL RAISED SEAL
OR
Ne9'35'23"E
OF A FLORIDA LICENSED
u SOUTH LINE
SW 1/4. SECTION 14-49-41
SURVEYOR AND MAPPER
CERTIFICATE
THIS IS TO CERTIFY THAT THE SKETCH SHOWN HEREON AND THE ATTACHED DESCRIPTION IS ACCURATE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF AND DOES NOT REPRESENT A FIELD SURVEY.I FURTHER CERTIFY THAT jAj SKETCH AND
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH UNDER RULE 61017-6 F.A.C. REVIS A THE FL
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, MAY 13, 1996.
REVISIONS DATE BY STEVEN M. WAT
PROFESSIONAL SURVEYOR AND MAPPER #LS 4588, STATE OF FLORIDA
WILLIAMS, HATFIELD AND STONER, INC. /LB 26
DATE OF SKETCH DRAWN BY CHECKED BY I MANAGER
3/7/02 E SMW SMW