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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-1351 Temp. Reso. # 7413 Page 1 May 23, 1996 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A DRAINAGE EASEMENT AT 4607 NORFOLK ISLAND PINE DRIVE ON PROPERTY OWNED BY HARVEY FREM TO EXPAND PUBLIC DRAINAGE SYSTEM AND ALLEVIATE FLOODING PROBLEMS ON NORFOLK ISLAND PINE DRIVE AND QUEEN PALM LANE IN THE WOODLANDS SUBDIVISION PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Stormwater Utility Division of the Public Works Department is desirous to expand public drainage system and alleviate flooding problems on Norfolk Island Pine Drive and Queen Palm Lane in the Woodland Subdivision; and WHEREAS, property owned by Harvey Frem at 4607 Norfolk Island Pine Drive is the location of the drainage easement required to accomplish this improvement; and WHEREAS, Section 21-151 of the City Code of the City of Tamarac requires an easement for drainage facilities constructed on private property; and WHEREAS, Stormwater Utility Engineer has prepared and obtained the required documentation from the property owner, Harvey Frem to dedicate the drainage easement to the City of Tamarac; and Temp. Reso. # 7413 Page 2 May 23, 1996 WHEREAS, the Public Works Director and Stormwater Utility Engineer have reviewed the drainage easement documents and recommend they be accepted and executed by the appropriate City Officials; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it in the best interest of the citizens and resident of the City of Tamarac to authorize the appropriate City Officials to accept and execute the drainage easement. 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 upon adoption hereof. E TI N 2: The appropriate City Officials are hereby authorized to accept and execute the drainage easement document, a copy of which is attached hereto as Exhibit "A". EEQTIQN 3: The City Clerk is hereby directed to record the drainage easement in the records of Broward County. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 invalid, 1 �l Temp. Reso. # 7413 Page 3 May 23, 1996 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 ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I approved this RESOLUTION as to form. 1 4j� �, MITCHELL S. KRAFT CITY ATTORNEY GE/mb agenda mtg. 5/22/96 19, MAYOR DIST. 1: DIST. 2: DIST. 3: DIST. 4: day of Jur1e., 1996. RECORD OF COMMISSION VOTE ,e-5X(,,-/3S Tempo Reso. #7413 ORAINAGE EASEMENT STORMWATER UTILITY DIVISION PROJECT: Woodlands Drainage Project Name of Project This Drainage Easement made this 28 day of March , 1996 by Harvey Frem , having an address of 4607 Norfolk Island Pine Drive , (Grantor), and the City of Tamarac, a Florida Municipal corporation having an address at 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, (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, MI ore particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient state"); and WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to use a portion of the servient estate; 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: 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive easement over and upon the servient estate for the installation and maintenance of drainage facilities. 2. Grantor reserves all rights not herein granted pursuant to this easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the easement herein granted or the exercise of the rights of use thereunder. 3. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. 5. The Grantee will restore the area with sod after completion of the work. Signed, sealed and delivered in the presence of: WITNESS WIL.Wgµ H. leadici In WITN S (� GNN El► &LE:l+ajl WITNESS A WITNESS STATE OF FLORIDA § COUNTY OF BROWARD § �I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid an in the County aforesaid to take acknowledgments, personally appeared to me known to be the persons described in and w& executed the foregoing instrument and acknowledged before me that Z�L executed the same. E WITNESS my hand and official seal in the County and State last aforesaid this -Q9 day of A.D., 19. qb . Notary Public "91AI'-v 71; AL rrc: iT�,ic OF K�ti D�g. YORM ;t10. C=L�aJ "1i;P COrr1C11. ` [C'Q My Commission Expires: '717-��' `'--�-�=---'`'`�`'' ZLk il9qq ATTEST: ACCEPTED BY CITY OF TAMARAC, GRANTEE By: By: Robert S. Noe, Jr., Norman Abramowitz, CITY MANAGER MAYOR *ATTEST: I 7 G': �J Carol A. Evans, CITY CLERK STATE OF FLORIDA § COUNTY OF BROWARD § Date: 3 B ` ..�Tf)� v� Robert S. Noe, Jr., CITY MANAGER Date: 6113, Appr a a4form: Mitch CITY ATTORNEY 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 ALxggn AA.2.w Ma S C;ty DhAoaArto me known to be the persons described in and who executed ` the foregoing instrument and 4i4rcknowledged before me that executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of ,c- A.D., 19 4 fo . My Commission Expires: GES:mf Rev.9/28/95 File: Draineasmpd Nota Public Mmq Sicct�so� t»>rririrrlrrrrrr::.�: ��, . •. �..:-;: rrrrrr; rrrrrrr� oa*Ar °ue Jackson Notary Public, State of Florida , g Commission No. CC 539151 < 'EQF�e My Commission Expires 05114100; c ;t t.A00 M OTARY - FI& No -my Service do Bondel Co. ; Tempo Reso. #7413 l - �610 -/ 13 5— MMIT ng• SKETCH AND LE<IAL DESCRIPTION BY POLICE LAND SURVEYORS, INC. 5WI NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPH❑NEI (954) 572-1777 • FAX, (954) 572-1778 E—MAIL, pullce@Ix,netcorn,coM LEOAL DESCRIPTION THE NORTH 6.00 FEET OF THE SOUTH 11.00 FEET OF LOT 35, BLOCK 48 OF THE "THE WOODLANDS SECTION EIGHT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 67 AT PAGE 42 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. CONTAINING 690.00 SQUARE FEET (0.02 ACRES) MORE OR LESS. NOTES 1). BEARINGS ARE BASED ON THE EAST LINE OF LOT 35 BEING SOUTH 00'14'09" EAST. 2). THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. N89°45'51 "E 115.00' HOT 35 BLOCK 48 E WOODLANDS SECTION EIGHT PLAT BOOK 67 AT PAGE 42 �— 5' UTILITY EASEMENT (BY PLAT) — S89'45'51 "W 115.00 FILE- CITY OF TAMARAC 6SCALE• 1'-30' ORDER NO: 32127 TE• 3-15-96 DRAINAGE EASEMENT FOR• CITY OF TAMARAC W 20.00' d Q o Z Q o J o (n 1 YY LL 0 h ly 0 z 30 31 32 33 v z $ 34 = 35 e.a as uN [k19MwT I John F. PuUce, Reg. Land Surveyor 2691 Michael Charles Flynn, Reg. Land Surveyor #3281 State of Florlda