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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: community dev\c:\userdata\wpdata\res\3p96rs\ps MIST. 4' 1 RECORD OF COMMISSION VOTE E • EXHIBIT W ENCROACHMEN AREA �d'g°nM � ��C� f�l«fit• °°M��i�°� F+1h0 i CArjA ^n w" O u'ra µ:�•lt�7 .. �D HF••� �� J n �� p!e•l• Y � �• wolvay�vjx�' ao 00 N Qa, om ry „ 1!7 M•14 Wi�ii N K M ff d `�• 6 IN r,. �r'd '• r ti n > rP. T. 31, ��, ��4► van; : � �� � � �,� . � �' rk 1r {,i [�A�INf� AM�M1MhWN. /�r�r1•�1/II�A1 . MAMMA/ r� THE WOODLANDS (CASE #3-P-96) F•F � WP 4 CITY COMMISSION MEETING MAY 89 1996 ENCROACHMENT OF EASEMENT dwro i i(we City of Tamarac 7525 W.W.bem 7W nur,Ta++ Oc.Aovk =1-2401 TdMphono: (305) 724-IM • A3c*nNe OW) 724253 JWNYLMW I DWWa Caw"" 0eveftrrMnf