HomeMy WebLinkAboutCity of Tamarac Resolution (204)June 12, 2002 — Temp. Reso. 9848
Revision #3 07/03/02
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-204
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, CORRECTING A SCRIVENER'S
ERROR IN RESOLUTION NUMBER R-2002-157 FOR A
TEMPORARY CONSTRUCTION EASEMENT FOR THE
WOODLANDS DRAINAGE IMPROVEMENT PROJECT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, resolution number R-2002-157, passed on June 12, 2002, authorizing a
temporary construction easement for the Woodlands drainage improvement project
contains a scrivener's error in the name of the grantor in both the resolution and easement
document; and
WHEREAS, the name of the grantor is incorrectly listed as "Woodlands Country
Club" in resolution number R-2002-157 and in the easement document and should be
"Woodlands Golf Association"; and
WHEREAS, it is necessary to correct the name of the grantor in resolution number
R-2002-157 and the temporary construction easement in order to properly record the
easement in the Public Records of Broward County and maintain proper records in the City
of Tamarac; and
WHEREAS, resolution number R-2002-157 should be corrected by substituting the
name "Woodlands Golf Association" in every place where "Woodlands Country Club"
appears; and
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June 12, 2002 — Temp. Reso. 9848
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WHEREAS, it is the recommendation of the Assistant City Engineer that this error in
resolution number R-2002-157 be corrected; 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
this resolution correcting the grantor's name in the resolution and the easement document
for the Woodlands temporary construction easement as adopted by resolution number R-
2002-157.
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 correct a
scrivener's error in the resolution and the easement document for the Woodlands
temporary construction easement as adopted by resolution number R-2002-157, and
substitute the name "Woodlands Golf Association" in every place where "Woodlands
Country Club" appears.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: 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.
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SECTION 5:
passage and adoption.
June 12, 2002 — Temp. Reso. 9848
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This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 10T" day of July, 2002
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRAft"
r` CITY ATTORNEY"
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER AYE
DIST 1: VIM. PORTNER AYE
DIST 2: COMM. MISHKIN AYE
DIST 3: COMM. SULTANOF AYE
DIST 4: COMM. ROBERTS AYE
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.
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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 121h day of June, 2002
ATTEST:
' I
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRAFT
�• f
JOE 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 T MPORARY CONSTRUCTION EASEMENT made this
day of 2002, by WOODLANDS GOLF ASSOCIATION, a
CORPORATION, having an address of 4u 4�l00 ! f3I-v4
(hereinafter "Grantor"), and the City of Tamarac, a municipal corporation of the State of
Florida, having an address at 7525 Northwest 88t" 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:
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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.
5. This Temporary Construction Easement shall not be altered without
the sole consent of the Grantor and shall valid only within the stipulated timeframes
herein.
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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: �y GRANT
gy: l" . By:
Type Name d % F. 1W6WW,Type Name I�t�/�
J f %; Corporate Secretary President
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF rD+�kZ
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 ;L.
( ersonally known to me, or
( ) Produced Identification
NOTA PUB C, ate of Florida
at Larg
A/A q I..l �r)AM '�„iA
(Name of 19
tary Public: Print, Stamp,
or type asCommissioned)
Nancy Johnson
w� My Commission CiDosurA
Expires February03, 2006
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
3
EXHIBIT "B"
Temp. Reso. #9790
Page 4 of 5
ATTEST:
By: k-
Jeffrey L. Miller
City Manager
ATTEST:
By:---r'`J
Marion Swenson, CIVIC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe vrc,
reiber
May
Date:
By.
Jeffrey L. M i er
City Manager
Date: :Z// /o Z _
Appro s to for
e �
Y
MIPAI A
: SS City Attorney
COUNTY OF ,6400140 :
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
$carver -j .Miller to me known to be the person(s) described in and
who executed the foregoing instrument and J]" acknowledged before me and
under oath that 2±d executed the same.
WITNESS my hand and official seal this day of w( ,
200;�--.
OFFICIAL NO ARY SEAL
,JUNE A WHITE
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. cc7i5720
MY COMMISSION EXP. SEFT 15,2002
( Personally known to me, or
( ) Produced identification
Q. a 3.k&
NOTARY EAJBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath
4
EXHIBIT "B"
Temp. Reso. #9790
Page 5 of 5
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I /l .I 14AId "ok do hereby affirm that I am the Aaria r'N7'
of iW- 1 and that I have executed a DRAINAGE
Easement with the City of Tamarac for 1�
project and that I am the4oxw of the property covered by said DRAINAGE Easement.
�AfjI40W
There are no mortgages held on the property, which is the subject of said
DRAINAGE Easement.
FU THEIR AFFIA T SAYETH NOT.
( ignattune)
This day of VV 200
STATE OF FLORIDA
S5
COUNTY OF W441
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 94— day of
200 -Z.
( ersonally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
NOTAFYV PUBLI , to of Florida
at Largb
(Name of tary Public. Print, Stamp,
or type as Commissioned)
6ysohMr comff"sion o0oseeae
Expires February 03, 2006
Type of I.D. Produced
) DID NOT take an oath.
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