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Home My WebLink AboutCity of Tamarac Resolution R-99-281Temp. Reso. #8789, October 11, 1999 1 Revision 1 October 21, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- a k1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A DEFERRED LOAN PROGRAM AND NOT IMPLEMENT CIAC IMPACT FEES FOR THE AFFECTED SEVENTY-FIVE PROPERTY OWNERS OF THE TAMARAC LAKES SECTION 1 WASTEWATER SERVICE EXTENSION PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there is a residential section of approximately seventy-five homes in the Tamarac Lakes section of the City of Tamarac that utilizes individual septic systems for the treatment and disposal of wastewater; and WHEREAS, it has been shown that the use of a wastewater collection system and a wastewater treatment facility provides more effective treatment and disposal of wastewater and provides a much lower health risk than the use of septic systems; and WHEREAS, the City of Tamarac submitted an application to Broward County, the Urban County administering the United States Department of Housing and Urban Development for the 2511 Year Funding, for Community Development Block Grant (CDBG) funds; and 1 Temp. Reso. #8789, October 11, 1999 2 Revision 1 October 21, 1999 WHEREAS, the City's grant application was approved in the amount of $210,000 for the extension of wastewater service to Tamarac Lakes Section 1, a neighborhood in a census tract of predominantly low to moderate income residents; and WHEREAS, at the workshop meeting of June 21, 1999, the Utilities Department staff presented recommendations to the City Commission which recognized the CDBG grant funding and which minimized the costs to affected property owners within the proposed Wastewater Service Extension Project; and 1 WHEREAS, the recommendation included the establishment of a five-year "deferred loan " program for the payment of the charges for individual property connections to the wastewater system and proper destruction or removal of the existing septic tanks; and WHEREAS, as part of the deferred loan program, the City pays the cost of the wastewater connection and septic tank destruction or removal, places a lien on the property, and requires recipients to maintain ownership of the property for five years to realize full forgiveness of the lien; and 1 Temp. Reso. #8789, October 11, 1999 3 Revision 1 October 21, 1999 WHEREAS, since the Tamarac Lakes Section 1 properties are in an area of Tamarac formerly known as Tamarac Utilities East, an area that is provided water and wastewater service by Ft. Lauderdale, and since the area is essentially built -out, the addition of seventy-five properties to the wastewater system will not require the construction of growth -related capital projects by Tamarac or require an increase in sewer capacity within the utility system, and it is therefore not appropriate to charge a Contribution In Aid of Construction (CIAC) fee, which is a growth -related impact fee, to the seventy-five Tamarac Lakes Section 1 property owners affected by the project; and WHEREAS, the City Commission expressed support at the June 21, 1999 Workshop meeting for implementing the deferred loan program and not implementing CIAC charges for the affected property owners of Tamarac Lakes Section 1; 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 that they authorize the appropriate City Officials to offer financial assistance to the seventy-five Tamarac Lakes Section 1 property owners by establishing a deferred loan program and waive the CIAC impact fees associated with connection to the Tamarac municipal wastewater system. 1 D I 1 Temp. Reso. #8789, October 11, 1999 4 Revision 1 October 21, 1999 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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 implement a deferred loan program on a five-year basis to assist Tamarac Lakes Section 1 property owners with the cost of individual wastewater service line connections. SECTION 3: The appropriate City Officials are hereby authorized to not implement the CIAC fees associated with connection of the seventy-five properties in Tamarac Lakes Section 1 to the Tamarac municipal wastewater system. 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 Temp. Reso. #8789, October 11, 1999 5 Revision 1 October 21, 1999 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 day ofd �-t- 1999. w. JOE SCHREIBER MAYOR ATTEST: CAROL OLD, CMC/AA CITY CLERK RECORD OF COMMISSION I HEREBY CERTIFY that I have MAYOR SCHREIBER i approved this RESOLUTION as DIST 1' MM• PARTNER / I/ /I Ow � .�COMM. AOPPMM r Utilities:MW 1 MITCHELL S.(KFPFT CITY ATTOR EY EXHIBIT I TEMP. RESO. # 8778 • • C14/CYPRESS CREEK CANAL P.S. Nt CORAL CREEK COMMUNITY S❑UTHGATE BLVD SDLtTHGArE'B.` 85 CT • (Cs+ • • • DON OUTHGATE GARDENS MIS.. L.rs rryr� 3 Sr CdNr�Kix ` ' ` ` CARTER'S CHEVRON SWINGATE APTS T 84 ST d 4 RA ItT 84 ST ' • ' . • • ` • ` • ' • • • • • TARGET ]83 c ST 1 83 ST • •• • . • • AMOCO a Q c 82 CT yA PUMP SUN I � TR51 BANK HAMER. 62 s t -•• FISSIA 82 ST & TE • • - LL 0C TI N a1 PL + • TR53 / WOODMDNT > a W 81 PL ` • PAS /� •� wK .'A ,,, C v SHl1PPES A c J ^ a 81 CT 81 CT J d n a 03Z - - Cja //` �''�p�p, ]�Q v) all 81 ST 81 ST • Y CS / / W So PL a • ./ • . 80 CT C7 • j%1%jj%1f/ �� N 80 ST ] ST `•`•`•••` //'•� '� a W a • ` ` RM CI • u 4F791 - •E TR55 ] • 7 T n HE THG E TR56 T9 t 78 CT r "` ^� ST 7 w AVALON ^ i ST a r m 81 ST 80 CT INC p� S .R ESTATES 3 Is 78 CT L N S C. 3 a i � W / Am q 78 ST ? 6 r� ] a r s 1 a TR74 f°T VOOD1�v+R7 `J• : n r n " ST 78 ST 78 ST 78 ST 78 ST 1 ` /// PRD TAMARAC Q % V4ih MEN L Y 76 PLoWES, OO 17 S W c c z / q�a. / ti a A(v�� n = Q j jj/1j/j // // / 76 CT n 76 DR 6 C 76 CT / TR75 AC/j//// //1PbRK' S.BELL 14 76 ST 76 ST 76 ST z / 77 S7 % /1'�// °LAN" ] ^ r ] n r c c 75 CT MAIN AN 13R 16 TH 7 c ~R01'11ENTALir GREEN$ 75 ST AR / ] � u 6 ` 7g T a 9 10 r n n 74 PL r 7A • TAMARAC MED. 8 UN1V. UNIV. CTR PICCADILLY 73 T _ MED CTR HOSP. 72 $T 72 ST 72 ST c c c 71 CT p 71 ST / 71 CT ppLPLp�E WOODMONT SQUARE -4 / ^ cu n 7 T d CT THERAPEUTIC MA r 71 ST a a q DG r4J%J 3 70 S7 TR72C ACAD MY w m ^ Bw DENS Y r1 INE LE PKao HIL ^ 70 CT Ni. UNITED WTAD1�q�1T ALL SAINTS ASL METHODIST a COMMONS NATIONS LRTSON 2p LAKEp1 RAW (69ST.) COLONY m r W CONCO D VILLAGE GV TEXACO TPLAZA BROOKWOOD a PLAZA o 72 g 71 ST %NDS 14 LEST 14 7 T a W i 70 ST 'O IS ii/ r/ ji... DR13OKSIDE COVE MCNAB R❑AD CASABLANCA CENTER I NANDINA LN PUMP_STA_22.DW PUMP STATION NO. 22 WATER AND SEWER UTILITY EASEMENT K 7� TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Wastewater Pump Station No, 22 NAME OF PROJECT On this day of 9C%� , 199-q—, that Maria Rosa Sanchez having an address of 8123 NW 715t Avenue, Tamarac. Florida 33321 hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88tn 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, a legal description • and sketch of which is attached hereto as Exhibit "A", and incorporated by reference herein, (hereinafter "the servient estate"). 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 "B" and incorporated by reference herein, (hereinafter "the easement area"). r1 LJ Grantee may use the easement area for laying, installing, maintaining, operating and altering of water lines and appurtenant facilities, sewer lines and appurtenant facilities as well as for surface water storm drainage, and 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. 980605 1 Wastewater PS 22 - W S Utility Easement C7 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. 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 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 Wastewater PS 22 - W S Utility Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. OAss .- - i . Type Name I;PCSI% L S • �l�yeJJ�E STATE OF FLORIDA COUNTY OF ow�Rr� (GRANTOR) 'M',atia;. �' (- X ! 'L0� Type Name/Title Maria Rosa anchez_, Pro a Owner Type Name/Title 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 Maria Rosa Sanchez to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that she executed the same. WITNESS my hand and official seal this day of 199-Q . ( ) Personally known to me, or (x) Produced Identification NOTARY PUBLIC, State of Florida at Large OF Fw TERESA M. KELSON My Comm Exp. 10/28/2001 f. ARY O (Name of �PubI1&ccq�i�,,St mp, or type a X!t S's�2 a„-s�(:p --/q - Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath. 40 980605 3 Wastewater PS 22 - W S Utility Pasement • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: w/ By: Jeffr . Miller City Manager ATTEST By: Carol Gold, CMCAAE City Clerk STATE OF FLORIDA COUNTY OF 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 Jv Sc 6 Jfffil&&-L40o me know to be the person(s) described in and who executed the f regoing instrument and acknowledged before me and under oath that ead executed the same. ACCEPTED BY CITY OF TAMARAC GRANTEE ,Q Joe � reiber Mayor Data; Z By: Je L. Miller City Manager Date: �� 71q —9-T WITNESS my hand and official seal this o?199-9 q. day of NOTARY PU IC, State of Florida at Large (Name of Notary Public: Print, Stamp, personally known to me, or or Type as Commissioned) ( ) Produced identification Type of I.D. Produced DID take an oath, or -MARION SWENSON ( ) (DID NOT take an oath NOTARY PUBLIC STATE OF FLORIDA . COMMISSION \O. CCb05215 MY COMMISSION F.XP. DEr+. 15 0p0 980605 4 Water and Sewer Utility Easement r AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Maria Rosa Sanchez do hereby affirm that I am the Property Owner of 8123 NW 71s' Avenue. Tamarac, FL 33321 and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for Wastewater Pump Station #22 Project 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 COUNTY OF Rk ul�p SS FURTHER AFFIANT SAYETH NOT. .0 f'6. rga (Signature) This 7 day of , 1991 • 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 Maria Rosa Sanchez to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that she executed the same. WITNESS my hand and official seal this day of 199q. ( ) Personally known to me, or (x) Produced Identification NOTARY PUBLIC, State of Florida at Large Fop TERESA M. KELSON my My Comm Exp. 1012W001 'A KWICa Bonded 9y S&Wcb Ins (Name of N �icau71 , or type as Commissioned) Type of I.D. Produced 0 ( ) DID take an oath, or ( ) DID NOT take an oath. 980605 5 Wastewater PS 22 - W S Utility Easement • • • BOUNDARY AND TOPOGRAPHIC SURVEY BY PLS PULICE LANDNOS URVVEEYORS, INC. HILL ROAD SUNRISE, FLORIDA 33351 �S TELEPHONE: (954) 572-1777 e FAX: (954) 572-1778 E—MAIL: surveye0pulicelondsurveyors.com CERTIFICATE OF AUTHORIZATION #LB3870 LEGAL DESCRIPTION: EX-NI6%7 _p d A PORTION OF LOT 44 IN BLOCK 6 OF "SUNFLOWER, FIRST ADDITION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 78 AT PAGE 48 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 44; THENCE RUN SOUTH 00 DEGREES 12 MINUTES 16 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 44 FOR A DISTANCE OF 17.39 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 89 DEGREES 47 MINUTES 44 SECONDS EAST FOR A DISTANCE OF 19.86 FEET TO A POINT; THENCE RUN SOUTH 06 DEGREES 22 MINUTES 27 SECONDS WEST FOR A DISTANCE OF 10.74 FEET TO A POINT; THENCE RUN NORTH 82 DEGREES 15 MINUTES 17 SECONDS WEST FOR A DISTANCE OF 18.81 FEET TO A POINT ON THE WEST LINE OF SAID LOT 44; THENCE RUN c NORTH 00 DEGREES 12 MINUTES 16 SECONDS WEST ALONG THE WEST Nr' LINE OF SAID LOT 44 FOR A DISTANCE OF 8.07 FEET TO THE POINT OF BEGINNING. ARE BASED ON THE WEST LINE OF LOT 44 BEING +ERT: WEST-12.68 .; ERTSSOVTH =2:90 ' II 12 ONCRETE .. TELEPHONE I 1 BOX ° II ELEVA ON=9.41 I I SET DISC LB3870 I I o 4e RADIUS-670.00' POINT OF _ I I DELTA^r-02112'24• MMENCEMENT9a I LENG 1 ryH-25.81, � !II I I= CO ~ ~ ` SET DISC 10' UnLI Uj I � 1 �.NCRr �DEWALK ` _ L03870 EASEMENT (0 11 -1- — II I OLE RIMN1 10.48' II INVERT=-4.92' ` VALVE POINT OF BEGINNING ��FFF ELEVATION= 1088' FOUND PIPE ELBOW LB3I 70 89-4744'E 5' CHAIN I PINE LINK FENCE TR PIP � / w I O N z l DRr 'a W (xi I WELL CONTROL, PANELS I i x � x`x , I ET PIP 18,81 ARECA PAL 0.30 LB 870 82"�srlTyy I I � I LB; I I FILE: CITY OF TAMARAC SCALE: 1 " = 10' ORDER NO: 37834 FIELD DATE: JULY 21, 1999 7150 NORTHWEST 82nd. STREET TAMARAC, FLORIDA FOR: PUMP STATION #22 w-I SOUTHERLY LINE OF EWALK CASEM EXISTING LIFT STATI077' ,p (EASEMENT (PER PLAT) lO• //`T LOT 44 CERTIFICATION: I Hereby Certify. that this sketch of survey meets the minimum technical standards set forth by the Florida Board of Prcfesslonol Land Surveyors in Chapter 61017-6, Florldo Administrative code, pursuant to Section 472.027, Florida Statutes. Copies of this ske a invalid Unless embossed Jkt1 the seal of the undersigned. r �� John F lice, Rer Land Surveyor #2691 ichaer`Chories Flynn, Reg. Land Surveyor #3281 Jay Kerl, Reg. Land Surveyor #5721 State of Florida