HomeMy WebLinkAboutCity of Tamarac Resolution R-96-1041
Temp. Reso. #7407 1
April 23, 1996
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96--LOJ
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
APPROVING AN ENCROACHMENT OF TWO
AND ONE QUARTER (2.25) FEET INTO A
TEN (10) FOOT UTILITY EASEMENT ALONG
THE REAR (NORTH) LOT LINE LOCATED AT
6007 UMBRELLA TREE LANE, LOT 5,
BLOCK 40, "THE WOODLANDS",
ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 67, PAGE 43,
OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA; PETITION NO. 3-P-96;
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, a ten (10) foot utility easement (described in Exhibit "A" attached
hereto) exists along the rear (north) lot line of said property; and
WHEREAS, the property owner has obtained the necessary approval of the
franchised utility companies and the City Engineer to encroach into the easement; and
WHEREAS, the franchised utility companies and the City Engineer have put the
property owner on notice that the property owner is responsible for damage to the
encroaching structure during normal maintenance and construction of utilities and that any
removal or replacement of this construction necessary for the use of the Utility Easement
will be done at the expense of the property owner; and
1
and
Temp. Reso. #7407 2
April 23, 1996
WHEREAS, the Planning Commission recommended approval on April 17, 1996;
WHEREAS, the Director of Community Development recommends approval of this
request; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to grant this
encroachment request.
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, That the City Commission hereby approves an encroachment
of two and one quarter (2.25) foot into the ten (10) foot utility easement along the rear
(north) lot line of the property located at 6007 Umbrella Tree Lane, Lot 5, Block 40, "The
Woodlands", according to the Plat thereof, as recorded in Plat Book 67, Page 43 of the
Public Records of Broward County, Florida, subject to the following conditions:
Temp. Reso. #7407 3
April 23, 1996
(a) The property owner is responsible for damage to the encroaching structure
during normal maintenance and construction of utilities and that any removal
or replacement of this construction necessary for the use of the Utility
Easement will be done at the expense of the property owner.
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.
1
SECTION
passage and adoption.
Temp. Reso. #7407 4
April 23, 1996
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this
ATTEST:
Z
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MITCHELL'S. KRAFTV
day of Mal 11996.
JP4044,
NORMAN ABRAMOWITZ
MAYOR
CITY ATTORNEY MAYOR
_117 f. 2:
DIST. 3:
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