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Home My WebLink AboutCity of Tamarac Resolution R-80-255Introduced by Temp. # % 7 W 0 1 2 3 4 5 �1 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- QO-,26j5' A.RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE a TEMPORARY USE AGREEMENT WITH F & R BUILDERS, INC., in CONNECTION WITH DRAINAGE WORK IN WESTWOOD COMMUNITY 6. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the proper City officials are authorized to execute the Temporary Use Agreement with F & R Builders,Inc., in connection with drainage work in Westwood Community 6, a copy of which Agreement and description are attached hereto. SECTION 2: This Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED this ✓"day of ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. CITY ATTORNEY MAYOR: DISTRICT DISTRICT . DISTRICT DISTRICT h \ RECORD OF COUNCIL VOTE 1 F •'1 G N r1l Erg T, � T � �o REso. TEMPORARY USE AGREEMENT THIS AGREEMENT, made and entered into this 24th day of November, 1980, by and between F & R BUILDERS, INC., a Florida corporation, hereinafter referred to as "Grantor"; and CITY OF TAMARAC, a municipal corporation, Tamarac, Flor- ida, hereinafter referred to as "Grantee". ***W I T N E S S E T H:*** WHEREAS, Grantor is the owner of land legally described on Exhibits A, B and C attached hereto and, by this reference, made a part hereof, hereinafter referred to as "drainage ditches"; and WHEREAS, Grantor is also the owner of land legally described on Exhibit D attached hereto and, by this reference made a part hereof, hereinafter referred to as "Tracts 13-A and 13B"; and WHEREAS, the drainage ditches are located on Tracts 13-A and 13-B; and WHEREAS, Grantee has been using said drainage ditches for drainage purposes without the benefit of a written agreement; •- and WHEREAS, Grantor is applying for a site plan approval from the Grantee on Tracts 13-A and 13-B, which, when approved by Grantee, may require the relocation of the drainage ditches; and WHEREAS, Grantee has requested a written agreement, al- lowing their use of the drainage ditches for drainage purposes and Grantor has agreed to allow Grantee said use on a temporary basis. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, Grantor hereby grants to the Grantee, the tem- porary use of the drainage ditches for drainage purposes under the following terms and conditions: 1. The temporary use permit to Grantee shall expire when Grantor and Grantee agree to a permanent location for the drain- age ditches or one (1) year from the date hereof, whichever first occurs. 2. Grantee shall be responsible for any damages that oc- cur to Tracts 13-A and 13-B due to the use of the drainage ditches for drainage purposes, including but not limited to, flooding of Tracts 13-A and 13-B due to the overflow of water from the drain- age ditches. 3. This Agreement shall be governed by .and subject to the laws of the State of Florida. 4. This written Agreement is the entire agreement between the parties. Any amendment to this Agreement shall be in writing and executed by both the Grantor and the Grantee. IN WITNESS WHEREOF, the parties hereto set forth their hands and seals the day and year first above written. F&R BUILDERS, INC., a Florida corpor- Witnessed / ation by M. E. SALEDA , Vice President ��✓(fl Cam{.. attest MORRIS J. WAT s istant Secretary Witnessed CITY OF TAMARAC, a municipal corpora- tion \ r7nL I L1�,7.fn/L/v/��"ura J WARD A. GROSS.; CITY MANAGER STATE OF FLORIDA : SS COUNTY OF DADE BEFORE ME, the undersigned authority, personally appeared M.E. SALEDA and MORRIS J. WATSKY. , to me well known to be the Vice President and Assistant Secretary of F & R BUILDERS, INC., a Florida corporation, and they hereby acknow- ledge that they executed the foregoing instrument as the volun- tary act and deed of said Corporation. ?;Ova' 0"tXtW'%— NOTARY PUBLIC OF THE STAFLORIDA AT LARGE My commission expires: Puhlic, State o1 Florida at Large ,;A-1 Commission Expires Jan. 30,1982, Bon Cad By American Fire & casualty company STATE OF FLORIDA SS COUNTY OF BEFORE ME, the undersigned /-_authority, personally appeared and q�+`'-,d to me well known to be the and of the CITY OF TAMARAC, a municipal corporation, and they hereby acknowledge that they executed the foregoing instrument as the voluntary act and deed of said Corporation. NOTARY PUBLIC OF THE STATE O1:' FLORIDA AT LARGE My commission expires: U01aY CURE12 SIAIfi OF FLORIDA AT LARGE MY CDMMISS.ION €M19ES APR 21 1984 KONDED 7HRU GENERAL INS, UNDERWRITERS PDQCIE L .'n., SKETCH AND LEGAL DESCRIPTION A PORTION OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST (SE) CORNER OF SAID SECTION 6; THENCE •N 00006'44" W, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE ,---.OF 5860.87 FEET; THENCE S 89053'16" W A DISTANCE OF 2152.32 FEET. TO THE POINT OF BEGINNING; THENCE N 22022'19" E A DISTANCE OF 410.16 FEET TO A POINT LYING ON A CIRCULAR CURVE TO THE RIGHT HAVING AN INITIAL TANGENT BEARING OF S 79020'22".E, SAID CURVE ALSO BEING THE SOUTHERLY LINE OF AN 80.00 FOOT RIGHT-OF-WAY KNOWN AS N.W. 80th STREET AS RECORDED IN O.R. 4747, PAGE 184; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1160.00 FEET, A CENTRAL ANGLE OF 02030'42", AN ARC DISTANCE OF 50.85 FEET; THENCE S 22022'19"W A DISTANCE OF 423.59 FEET TO A POINT LYING ON A CIRCULAR CURVE TO THFJ,EFT HAVING AN .INITIAL TANGENT BEARING OF N 59013'28" W; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 07011'31"1 AN ARC DISTANCE OF 50.21 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA AND CONTAINING 0.478 ACRES, MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ANIEL L. CARNAHAN _ REGISTERED LAND SURVEYOR #{3002 STATE OF FLORIDA NOTES: A) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. B) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS -OF -WAY OF RECORD. Sheet 2 of 'T DANIEL CARNAHAN CONSULTING ENGINEERS, INC. G0N& r1W ENGINEERS LAND & RVEYORS LAND QEVELOAMENr CaVSMUNM 101 N. STATEROAD7 MARGATE, 3 305 - 972 - 959 doe N0. fDO$4/ Q1►TEr f-8� IMAM. (.MB CHECKED. T>LG_ If.a./pa ' E7' SKETCH AND LEGAL DESCRIPTION A PORTION OF SECTION 6, TOWNSHIP 49 SOUTH RANGE 41'EAST, BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6; THENCE N 00006'44" W, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 5961.17 FEET; THENCE S_89 53'16" W A DISTANCE OF 1367.67 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO LYING ON THE SOUTH LINE OF AN 80.00 FOOT RIGHT-OF-WAY KNOWN AS N.W. 80th STREET AS RECORDED IN O.R. 4747 PAGE 184; THENCE N 61032'07" W ALONG SAID RIGHT-OF-WAY A DISTANCE OF 20.12 FEET; THENCE S 34042'11" W A DISTANCE OF 680.66 FEET; THENCE S 34013'43" E A DISTANCE OF 21.43 FEET; THENCE N •34042'11" E A DISTANCE OF 690.55 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY FLORIDA AND CONTAINING 0.315 ACRES MORE -OR LESS. I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DANIEL L. CARNAHAN REGISTERED LAND SURVEYOR #3002 STATE OF FLORIDA NOTES: A) REPRODUCTIONS OF THIS,SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR"S SEAL. B) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS -OF -WAY OF RECORD. DrANIEL CARNAHAN CONSULTING ENGINEERS, INC. C+AAlQ#" T/*W A A NEERS Lmo SWVEYORS LAND DEVELOAVENT COWSIr([. TAM 101 N. lios STATE ROAD 7 MAR 3 305 - 972 - 959 NO. gDOSOd/ DATE- 9-8-270 : LMB CHECKED- TjLG FB./PQ SKETCH AND LEGAL DESCRIPTION A PORTION OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST (SE) CORNER OF SECTION 6; THENCE IN 00')06'44" W, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE* OF 5665.38 FEET; THENCE S 89053'16" W, A DISTANCE OF 824.63 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO LYING ON THE SOUTH LINE OF AN 80.00 FOOT RIGHT-OF-WAY KNOWN AS N.W. 80th STREET AS RECORDED IN O.R. 4747, PAGE 184; THENCE N 61032'07" W, ALONG SAID RIGHT-OF- WAY, A DISTANCE OF 22.43 FEET; THENCE S 55023'33" W, A DISTANCE OF 35.54 FEET; THENCE S 00019'18" E, A DISTANCE OF 571.72 FEET TO A POINT LYING ON A CIRCULAR CURVE TO THE RIGHT HAVING AN INITIAL TANgEK-r BEARING OF S 80011156" E; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC QF SAID CURVE HAVING A RADIUS OF 1570.00 FEET, A CENTRAL ANGLE OF 0004413211, AN ARC DISTANCE OF 20.34 FEET; THENCE N 00019118" W, A DISTANCE OF 564.85 FEET; THENCE N 55023133" E A DISTANCE OF 35.13 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND .BEING IN BROWARD COUNTY, FLORIDA AND CONTAINING 0.277 ACRES, MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DANIEL L. CARNAHAN REGISTERED LAND SURV EYOR #3002 STATE OF FLORIDA NOTES: A) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. B) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS -OF -WAY OF RECORD. Sheet Qo of 7 DANIEL CARNAHAN CONSULTING ENGINEERS, INC. CaY&X r/MG VvVINEERS LAND & RVEYORS L4ND. DEklfXo iVENT CQN&X rAM 101 N. STATERO T MAR!' T 63 5- 972 - 959 Joe 100. 8008D91 DATE, %,f-8o DRAM: LMB ICHECKEDi aLG FS./P6 0 1 6akAPl,qITE SIZ-f"TG W - TQAGTS 13 # 136 fog oJ( 00 QL&I-C 5+lv-.ar I or T DANIEL CARNAHAN CONSULTING ENGINEERS, INC. CONSULTING ENGINEERS LAND SURVEYORS LAND DENELOAVENT CONSUL UNM 101 N. STATE ROAD 7 MARGATE, FL. 33063 305-972-3959 JOB NO.'oU0606I DATE- 9 - SO-$[7 DRAWN: 24�1/ CHECKED W tv F.B./PG.