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HomeMy WebLinkAboutCity of Tamarac Resolution R-85-0611 2 3 4 5 6 7 8 9 10 11 12 13 i5 16 17 is 19 20 21 22 23 24 25 26 27 �M 30 31 32 33 34 Introduced by: � /y CITY OF TAMARAC, FLDRIDA RESOLUTION NO: - k / Temp. t'3546 A RESOLUTION OF THE CITY COUNCIL OF T11E CITY OF TAP:IARAC, FLORIDA, DECLARING THE NEED TO ACQUIRE A PARCEL OF LAND LOCATED ON TRACTS 25, 26, 30, 31 AMID 32, OF SECTION 7, SAID LAND BEING APPROXIMATELY 45 ACRES, AND THE ACCESS THERE 0. THE LAND IS NECESSARY TO BE TAKEN AND ACQUIRED IN FEE SIMPLE TITLE THROUGH THE EM CISE OF THE CITY'S POWER AND RIGHT OF EMINENT DOMAIN; INSTRUCTING THE CITY ATTORNEY TO PURSUE SUCH CIVIL ACTION AS MAY BE DMIED NECESSARY IN THE FURIBERARANCE OF ACQUIRING THE TITLE IN FEE SIMPLE PURSUANT TO THE CITY'S POWER OF EMINENT DOMAIN: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac operates and maintains a Western Wastewater Treatment Plant located West of University Drive and North of Commercial Boulevard; and WHEREAS, the City of Tamarac has disposed of the effluent from said treatment plant by way of spray irrigation for over twelve (12) years; and WHEREAS, a by-product of a treatment process is sludge, which must be disposed of in conformance with rules established by the Florida Department of Environmental Regulations and the United States Environmental Protection Agency; and WHEREAS, the City has had a Large User Agreement with Broward County for the treatment of its wastewater and disposal of its sludge since 1978, but the County has failed to provide the transmission facilities to the Tamarac West Plant, which would allow for transmission of the wastewater to the Broward County Plant, thereby requiring the City to continue to operate its wastewater treatment facilities and its sludge disposal facilities; and WHEREAS, Broward County is currently restudying the Tamarac system in order to finalize a 201 Plan for the treatment of Tamarac's wastewater and disposal of its sludge; and 7M Temp. #3546 1 2 W KEE4S, the sludge disposal is currently handled at a site located 3 on Tracts 26, 27 and a portion of Tract 25 in Land Section 7 in the City of 4 Tamarac, said parcel being approximately 34.4 acres of land; and WHEREAS, the City Council has previously determined and ratifies 6 7 that the continued operation and use of a sludge disposal facility is a proper 8 public purpose and a public necessity for the residents of the City of Tamarac; 9 and the residents have a clear interest in the continued operation of such a 10 facility; and 11 WHEREAS, the City Council subsequent to the adoption of Resolution 12 No:R--83-284 has reviewed its needs for a comprehensive wastewater treatment 13 and disposal facility and has determined that such facility is a proper public 4 purpose and a public necessity for the residents of the City of Tamarac, and 15 the residents have a clear interest in the continued operation of such a 16 facility; and 17 18 WHEREAS, the use of the property hereby sought to be acquired shall 19 be within the control of the City of Tamar ac; 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 21 TAMARAC, FLORIDA: 22 SECTION l: Public Purpose 23 All of the representations made above are true and correct. 24 25 SECTION 2: Description of Property to be Acquired 26 The legal description and sketch of the property to be acquired, and 27 the legal description and sketch of the access to the property to be acquired are set forth on Exhibits "A" and "B" respectively, attached hereto. SECTION 3: Interest to be Acquired 30 The interest to be acquired is determined to be fee simple title to 31 a2 13 34 -2- UU Te , '##3546 1 2 3 4 6' 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 6 9 30 31 32 33 34 the land described on Exhibit "A" and an easement over the property described on Exhibit "B". SECTION 4: Necessity of Aquisition The City Council hereby determines and finds that the acquisition of the above described property is necessary for the stated public purpose set forth herein. acquired. SECTION 5: No mobile hone is located on the property sought to be SECTION 6: Conditions Any and all conditions precedent to the acquisition of the above described property have been performed or have occurred. SECTION 7: In furtherance of the findings of the City Council set forth above, the City Attorney is hereby authorized and directed to amend the pleadings in Case No: 83-13334DF in the Circuit Court for the 17 Judicial Circuit, in and for Broward County, Florida, in the name of the City of Tamarac, in the exercise of the City's power of eminent domain under the constitution and laws of the State of Florida, including Chapters 73, 74 and 127 Florida Statutes for the purpose of acquiring fee simple title and an access easement to the above described property, and to do all things necessary to prosecute such suit to final judgment. SECTION 8: That any portion of Resolutions R-83-150 and R-83-284 in conflict with this Resolution is hereby repealed. SECTION 9: This Resolution shall became effective immediately upon its adoption. PASSED, ADOPTED AMID APPROVED this.6,,�-' clay of February , 1985, ATTEST: kVt IrYOR C�0F _- RECORD OF COUNCIL VOTE ASSISTANT CITY CLERK I HEREBY CERTIFY that I have MAYOR: KRAVITZ,_.--•-- approved the fo and correct- DISTRICT4: V/_ M STEIN nes f this LUTION. DISTRICTS: CAM STELZER 7 DISTRICT2: CtM MUNITZ U t .� -3 DISTRICTI: C/M BERNSTEIN LAND SECTION 7, -aOVTN ecALZ . 1" •Zoc� 2• . R a so M c- 10 94a.3e' 4` rN 3E pPOT 3Z" W,1 IZ.010)' e [>ir_-:i SN a�Z. 41 45 W r LL, 407.13' ::i t r• W, 45.00 AC ± S BG? 34 sz ,, W 700. I'Z' S 43Q 35' 12" W, 419). 50' 5 04'00'40)"W &r / 2�'�� 300. oo� 1 6 OIO24.4e;'E 107OC: Z-L , 1403.OD' i _ _ N N 01-2A'4a"W E. UNE E21EC,-T ` PROPDe)E D NOB H 1 LL ROAD w.C. S.E. GOFZN EFZ SECr.r7,-MP4cl)S,RGE 41 E KEITH AND SCHNARS, P.A. ENGINEERS— PLAN NERS-SURVEYORes FT. LAUOEROALE, FL. OEERFIELO ■EACM, FL. 93051 783-3043 (3053 489-0man e O 1 ° 7-4'46" E 5BI.11 EXHIBIT A "SKETGN OF DEeGRIPTION` OATt IFIRL.0 NOOK I CKO. BY "/a AtVIsIONIs Z ^ I L-6 a FL . Fl1XC LKfOL CO. Lli � G�J6GR 1 P�,101] t{/i.,li LAND SECTION 7, SOUTH DESCRIPT10N A portion of Tracts 25, 26, 30, 31 and 32 of Florida Fruit Lands Company Subdivision No. 2, as recorded in Plat Book 1, Page 102 of the Public Records of Palm Beach, Florida, lying in Section 7, Township 49 South, Range 41 East, Broward County, Florida, more particularly described as follows: COMMENCING at the Southeast corner of said Section 7; thence North 010 24' 48" West, along the East line of said Section 7, a distance of 1403.69 feet; thence South 88" 35' 12" West, 107.00 feet to the POINT OF BEGINNING; thence continue South 880 35' 12" West, 300.00 feet; thence South 86' 34' 56" West, 200.12 feet; thence South 88' 35' 12" West, 383.97 feet to a Point of Curvature with a tangent curve concave to the Southeast; thence southwesterly along the arc of said curve having a radius of 753.00 feet, a delta of 35` 51' 11", an arc distance of 471.19 feet to a point of non -tangency; thence North 82' 41' 45" West, 49.13 feet; thence North 38' 07' 32" West, 112.09 feet to a Point of Curvature with a tangent curve concave to the Southwest; thence northwesterly along the arc of said curve, having a radius of 1253.00 feet, a delta of 150 36' 08", an arc distance of 341.21 feet to a point of non -tangency; thence North 000 40' 06" West, 948.38 feet to a point on a line 120 feet South of and parallel with the North line of the Southeast One -Quarter (SE 1/4) of said Section 7; thence North 89" 19' 54" East, along said parallel line, 1720.86 feet to a point on a line 53 feet West of and parallel with said East line of Section 7; thence South 010 24' 48" East, along the last described parallel line, 581.11 feet; thence South 04' 00' 49" West, 200.90 feet to a point on a line 72 feet West of and parallel with said East line of Section 7; thence South 01° 24' 48" East, along the last described parallel line, 300.00 feet; thence South 43` 35' 12" West, 49.50 feet to the POINT OF BEGINNING. Containing 45.00 acres, more or less. NOTES: I. Reproductions of this sketch are not valid unless sealed with an embossed surveyor's seal. 2. Lands shown hereon were not abstracted for Rights -of -Way, Easements, Ownership, or other Instruments of Record. 3. Bearings shown hereon are relative to Stoner/Keith Resurvey of Township 49 South, Range 41 East, as recorded in Miscellaneous Map Book 3, Page 44 of the Public Records of Broward County, Florida. 4. The "LAND DESCRIPTION" hereon was prepared by the surveyor. S. This sketch does not represent a field survey. CERTIFICATE: We hereby certify that the attached Sketch of Description of the hereon described property is true and correct to the best of our knowledge and belief as delineated under our direction in February, 1985. We further certify that this Sketch of Description meets the minimum technical standards set forth in rule 21HH-6 adopted by the Florida Board of Land Surveyors, pursuant to Florida Statutes 472.027. KEITH AND SCHNARS, P.A. Engineers -Planners -Surveyors By: A.M. Lazowick, PLS Florida Registration No. 4105 EXNIEN7 A Ek,ETC►N OF" WeCRIPTION DATE P1 LO •oOK CKD. By KEITH AINo SCHNARS, P.A. Z-1z-ram I pLq ENGINEER6-PLANNER8-8URVEY0R93 REVIl10111■ FT. LAUDEROALE. FL. OEEAFIELO ■EACH, FL. -� I305I 763-3843 930153 409-Oil/! N �3 e7' I �1'�`a4" W 38.00�' �1. LIN11 E S '/4 56G.� �- PF)R7SED CANAL io w LAND 5ECTk3N 7, 50UTH 1504-CO411)"W? wo.o)0 S4'P3a12"W 40). 50' SOrd3�o'2J E% 132.54'J S 40° Z4'4.»' EZ 40).�' S O3nZ5'04" E7 ZOO. I'Z J s 01 e 2A' 4b" E� 140.70' ,3p4'00'40)" W? ZOO. 90• R/W UNE 543" 51' OI7'3 " W� 40. - sO)024' 46 E, zoo'. W ,N{� 8Q N 8.� n�0 w lV z _— w 5. lrl NE SEC. wT •r N �`orz; 50" E 3�MME IAL �l VD. 02.33 P.O. r3; 0 7Z (5.0D N OI a 24 '4.F2:P W, 53.0o' �Ao.C. 0DRNER If --)EC.T-VWI?40G,R6E41�-: rt ,,, q EXHIP IT 6 - k2--YS-I,, h SKETCH OF DE5CP,4: 10N KEITH AND SCHNARS, P.A. ENGINE ERS-PLANNERS-SURVEYORS FT. LAUDERDALE, FL. DEERFIELD BEACH FL. (305) 763-7E43 (306) 4!9-oQEE SAT■ FIELD ■OOK CKO. BY 111.161. SM REV1810 ■ SHEET 1 OF Z LAND SEECTION 7,'50UTH -DESCRIPTION A portion of Tracts 25, 26, 27 and 28 of Florida Fruit Lands Company Subdivision No. 2, as recorded in Plat Book 1, Page 102, of the Public Records of Palm Beach County, Florida, lying in Section 7, Township 49 South, Range 41 East, Broward County, Florida, more particularly described as follows: Commencing at the Southeast corner of said Section 7, thence North 01° 24' 48" West, along the East line of said Section 7, a distance of 53.00 feet to a point on a line 53 feet North of and parallel with the South line of said Section 7; thence South 890 06' 50" West, along said parallel line, 15.00 feet to a point on a line 15 feet West of and parallel with said East line of Section 7, said line also being the West Right -of -Way line of Nob Hill Road; thence North 010 24' 48" West, along the last described parallel line also being said West Right -of -Way line, 2571.18 feet to a point on a line 15 feet South of and parallel with the North line of the Southeast One -Quarter (SE 1/4) of said Section 7; thence South 89" 19' 54" West, along the last described parallel line, 38.00 feet to a point on a line 53 feet West of and parallel with said East line of Section 7; thence South 01 ° 24' 48" East, along the last described parallel line, 686.12 feet; thence South 04° 00' 49" West, 200.90 feet to a point on a line 72 feet West of and parallel with said East line of Section 7; thence South 01° 24' 48" East, along the last described parallel line, 300.00 feet; thence South 430 35' 12" West, 49.50 feet; thence South 06° 36' 28" East, 132.54 feet; thence South 46 ° 24' 48" East, 49. 50 feet to a point on a line 60 feet West of and parallel with said East line of Section 7; thence South 01 ° 24' 48" East, along the last described parallel line, 300.00 feet; thence South 03° 25' 04" East, 200.12 feet to a point on a line 53 feet West of and parallel with said East line of Section 7; thence South 010 24' 48" East, along the last described parallel line, 140.70 feet; thence South 049 00' 49" West, 200.90 feet to a point on a line 72 feet West of and parallel with said East line of Section 7; thence South 01° 24' 48" East, along the last described parallel line 300.00 feet; thence South 43° 51' 01" West, 49.73 feet to a point on a line 60 feet North of and parallel with said South line of Section 7; thence South 010 24' 48" East, 7.00 feet to a point on a line 53 feet North of and parallel with said South line of Section 7; thence North 89" 06' 50" East, along the last described parallel line, 92.33 feet to the POINT OF BEGINNING. Containing 2.89 acres, more or less. NOTES: I. Reproductions of this sketch are not valid unless sealed with an embossed surveyor's seal. 2. Lands shown hereon were not abstracted for Rights -of -Way, Easements, Ownership, or other Instruments of Record. 3. Bearings shown hereon are relative to Stoner/Keith Resurvey of Township 49 South, Range 41 East, as recorded in Miscellaneous Map Book 3, Page 44 of the Public Records of Broward County, Florida. 4. The "LAND DESCRIPTION" hereon was prepared by the surveyor. 5. This sketch does not represent a field survey. CERTIFICATE: We hereby certify that the attached Sketch of Description of the hereon described property is true and correct to the best of our knowledge and belief as delineated under our direction in February, 1985. We further certify that this Sketch of Description meets the minimum technical standards set forth in ?:ale llT-jH_-6 adopted by the Florida Board of Land Surveyors, -_p;irsuz_'nt_ o Florida Statutes 472.027. KEITH AND SCHNARS, P.A. Engineers--Planners-Surveyors By: A.M. Lazowick, PLS Florida Registration No. 4105 KEITH An1D =3GHIVARS, P.A. EN[31NEERS-PLANNERS-SURVEY©R8 FT. LAUDERCALE, FL. DEEgFIRLD ■EACH, FL. (305) 703-7843 (305) 4al-ones Si�ETGH C `Vv:, C�FmON DATE IMEfM u6f1FC CK0. ■Y "I gAI?M MEV1810111s 1EET Z 0F'Z n,4e J 8s J6,, it