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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 1 June 12, 2002 — Temp. Reso. 9790 Page 2 of 2 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 1 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