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Home My WebLink AboutCity of Tamarac Resolution R-97-174July 3, 1997 - Temp. Reso. #7932 1 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97-171 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO INITIATE AN ACTION IN EMINENT DOMAIN TO CONDEMN REAL PROPERTY OWNED BY SANI-PIP CORPORATION TO SECURE LAND FOR THE ULTIMATE CONSTRUCTION OF HIATUS ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EEFECTIVE DATE. WHEREAS, pursuant to Florida Statutes Sections 166.401 and Chapters 73 and 74, as amended, the City of Tamarac, Florida, has the authority to exercise the right and power of eminent domain for the purpose of acquiring private property for use as streets, lanes, alleys, and ways; and WHEREAS, pursuant to Florida Statutes Sections 166.401, as amended, the City of Tamarac, Florida, is further authorized to exercise the eminent domain powers grants to the State of Florida Department of Transportation (FDOT) in Florida Statutes Sections 14 337.27(1) and (2); and WHEREAS, one (1) of the primary parcels within the proposed right-of-way for Hiatus Road is owned by Sani-Pip Corporation; and 1 F-j July 3, 1997 - Temp. Reso. #7932 2 WHEREAS, it is the finding of the City Commission of the City of Tamarac, Florida, that the acquisition of the fee simple title to a portion of the real property owned by Sank Pip Corporation, as described in Exhibit "A" attached hereto and by reference made a part hereof, is necessary for the construction, reconstruction, and maintenance of Hiatus Road through land Section Seven for the use of the general public; and WHEREAS, the City of Tamarac, Florida, has surveyed and located its line or area of construction for Hiatus Road through land Section Seven and intends in good faith to construct, reconstruct, and maintain said Hiatus Road on or over the real property described in Exhibit "A" attached hereto and by reference made a part hereof; and WHEREAS, efforts on the part of the City of Tamarac, Florida, to acquire, by negotiation and purchase, the real property described in Exhibit "A" attached hereto and by reference made a part hereof, have been unsuccessful, and it is the consensus of the City Commission of the City of Tamarac, Florida, that said real property should be appropriated as soon as possible under the laws of the State of Florida, by eminent domain, and the manner prescribed by law; 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 construct Hiatus Road through land Section Seven for the use of the general public. 1 1 July 3, 1997 - Temp. Reso. #7932 3 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. That the property description contained in Exhibit "A" attached hereto is hereby ratified and confirmed. SECTION 3: That the fee simple title to the real property described in Exhibit "A" is necessary for the construction, reconstruction, and maintenance of Hiatus Road through Land Section Seven. SECTION 4: That the City Commission of the City of Tamarac, Florida, does hereby exercise the right and power of eminent domain in the manner prescribed by law and the Statutes of the State of Florida to acquire, for the purpose of the construction, reconstruction, and maintenance of Hiatus Road through Land Section Seven for the use of the general public, the fee simple title to the real property described in Exhibit "A" attached hereto and by reference made a part hereof. July 3, 1997 -Temp. Reso. #7932 4 SECTION 5; That the City Attorney for the City of Tamarac, Florida, is hereby authorized and directed to retain trial counsel as required in this matter and that the City Attorney and trial counsel are hereby authorized and directed to prosecute eminent domain proceedings by Petition and Declaration of Taking in Eminent Domain, pursuant to Florida Statutes Chapters 73 and 74, Sections 166.401, 166.411, 74.01, and other relevant parts of the Florida Statutes, and such other proceedings as may be necessary and required to acquire said real property aforesaid. SECTION 6: That the City Attorney for the City of Tamarac, Florida, and trial counsel be and they are hereby authorized and directed to take any and all action necessary and convenient to carry the intent of the foregoing Resolution fully into effect. SECTION 7: That the appropriate City Officials are hereby authorized and directed to execute any documents necessary to acquire said real property aforesaid through the exercise of the right and power of eminent domain. SECTION 8: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 i] July 3, 1997 - Temp. Reso. #7932 5 SECTION 9: 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. SECTION 1 Q: passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: '�Z- CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. � (,Tiw MITCHELL S. kRWT CITY ATTORNEY comm dev\c:\userdata\wpdata\res\7932reso\ps cl day of 0-� , 1997. wa r ►1_ r: RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SUL.TANOF DIST 4: COMM. ROBERTS IIJL U� '��" 'u. � 31FI.1 IHLIiI l L r uHrrr 6 ASSOCIATES, lec. 1372 North Univ*raltyy Drive aW1YtEt"Oata - P{ AE/gyrRa ntation. Florida 33322 CIL MW SKETCH AND DESCRIPTION OF ACOUISITION AREA OF SANIPIP PARCEL LAND SECTION 7 CITY OF TAMARAC/ FLORIDA SCALE 1 = 120' ' M a _ I , a MApNC arxc A rAxCd ar NAD aONO A POIIION e>i n1e GIT ONe-NA►I (Lt/!1 ar ntAeT s w uCnoN TewnrAr w swrK RAMK a wL � l'AW UM/ Y./ Na 1 ALSO�p10 Te 1NL PAA1 Tlq�r a w ryF IppK 1. PAM 101. a 711c ROADA. aAw PAaTai flap MORE IAl7NalNLY Impwm N /IWIC CaN m AT U faUR OW MAIN or 1NE NaIsom *a-aUwm DLE1/+) or to of "m 7, r /1 E w%c'lw 1N! aOUTN UNL Or TNL �A�a NOtIT Ait OIRi11NMQ Qlil/q A ONAW or &UM /tit TO A ►owl, W Irc wLiT WK a► INa w? ar[-MMf QLt/aJ OI TIGCT 4 P.? Tel. (964) 370-1300 Fax (954) 370 -1 m Ur. / 0"K lLwwm'r„ A m 10 wrLINE+A +R weTAW or ao ml mm rarT or womm m W A71ON MAPrrlorwm Ymam"T"O►�riAlUa or 1W WE A a11TAW OF 2&Ln MT m wTo A PONT er ft 6r NMI-ar-MT UNc or NX. 4ui MOT TO SCALE NNL 7-•49-41 NOT 1010< R+2'24'l A,Ut" "� IQM�pWLp, 0141 41 �1MV LIME A a1RUW Or =JT rQT TO =7 To A MW ON AN Alfa it A N4I„�IT ONab[ OOT1011Y1 la Tla lgAliMl7p I !r°O M1'MCTpp°��`TTrA>I�Op «.0 rr�r � A ►ksom propfI)� NOIIK �TA�T 4 R� ►OwµT�AI O ICNa� w4m, O RAM A L2L24 I&SMOLOO O PIET 1a1H or AND 01 AU& aT1N TK 2Ma WylN U NC or lN1 Alaal,lfAaT oK-gMETd1 (ILLt/+� Wait SMVU'N:1 AM MD ►ARAUL. UNE A a %MW W 24L14 rRT To T4 pDRT or MgMkat SWLLAA10 11TUATE 11TNw as arY Or TANAAAC. ONWAD a0YN11; nOWA MRAMM 0,1221 ACRES (21 , NaLum ATSri uM m AL UNE TIAOT a I I (NOT WCLUOED) a i N PARCEL (NOT CAPLAIN INCLUDED) i1 '•. s •1 LKL1/TNT 4 Or 111ACT a I \ �• +1 REI�IAINDCR cr !I , SAIWPIP PARCEL .4 *� (NOT INCLUDED) ! REMAINDER OF (NOT INPCLUDDEED) r \ A I r ACQUIlm PARCEL : a.ula ./— ACID POINT OF 30• R/W Pia OUT Ioar 1. ML L16 11AV I NEGINNIN(i Aa[ lei. PALM aEAp1 aoLNTY ARCOaDa ..�. .�..�. �._...._. ems• mot+ �.,.....,..r.�._ Sww I" POINT OF COMMENCiMENT TAAeT +! >L tI+[ et N•t.t/+• ILW. CORNER 01 THE •rLe+n. A11.T M141 Cr+1PANr+ %emwaft A11, r tiCM 7-41-41 N.L. 1/4 ar SECTION PLAT 1009 L PA14 1+2. PALM uAIN a01RITY aR/OROf 7-49-41 Owr A11Iur 1 Low* err." looLve I. /[ARNW7 a"0MN MIA00111 AA[ IAN:a ON 11( lTd11[a aM o* Om1jww MWOMEO IN r110ELLAUW r AA aooll ; PAOR M n [RMNC� N L•.. ........... .N11L1T1' EAIDIOIT 1M 111.N R[COM or 1ROWMa OOHIMTY. IRORgA, MAa 73.44 a/r............. AIONT-Or-WAY Grw 1K.N 3. ThE PROPERTY 660" NIAEON WAR NOT AaaTRACTEO MR OWM", rAArA MM &311+'12M n-Or-WAY. LAMENTS oa 01110 HATTERS Or AEML rA •....Ln11DOIla >AWICH Oo11 NOT ROM .COY? A MD 1M%" tiM1 K NOT A lum". (1) � ............mew "men SHEET 1 OF 1 M 1 70 CLIIOWT MAT TK WrftN AM 1aOAA rOr. W" �101aM NOCON N AOi.1AT; ANO OOPAOCT TO TIT 1o1T Or,og NT ANOY1ipa Atip w,ar. 111yMp �� 11wo10r slaty -"I$. a n AOw.11lrµiA 0004 y jON�'�'YM 1[dMCAL RAIrAbO fR rORM OT 11K Al", M/NIO V PRgO�y1AL M10 Y1LYpli M �w�` ltaraoll Naa7, nIAIOA ATATYIEI •7LI1L AtSi1Ei �. � NOT V" UNL,E.S! rwo A031 - SWT a SEAIJSD 11E1i 10 A/A [laloli[0 i k lUAVaI'OR'f SCAR. A� vll/1l, ,Rat rat 7p EXHIBIT "A"