HomeMy WebLinkAboutCity of Tamarac Resolution R-97-186July 18, 1997 - Temp. Reso. #7950 1
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97--jL,?�
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
EFFECTIVE 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
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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
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
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July 18, 1997 -Temp. Reso. #7950 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.
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July 18, 1997 - Temp. Reso. #7950 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.
SECTION 2: 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 18, 1997 - Temp. Reso. #7950 4
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SECIION 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.
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.
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July 18, 1997 - Temp. Reso. #7950 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 a.
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this aZ-3 day of , 1997.
ATTEST:
,/� �2 � �-2-0 �-Z� 0- _x
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MI'fCHELL S. K
CITY ATTORN
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR . SCHREIBER___._..___..._�
DiST 1- COMM. MWAYE
DIST 2: 1NM MI HKIN G
DIST 3: COMM. SULTANOF
GIST 4: -MM, ROBERTS
C`
78MER
ISASSOCIATES, Inc.
rp,
372 NorthUniversity Drive L4RVEVORS - PLANNERS Tel. (954) 370-1880
lantation, Florida 33322 L8. 0033 Fax (954) 370-1883
SKETCH AND DESCRIPTION OF ��AB ROAD
HIATUS ROAD, SANIPIP PARCEL '
LAND SECTION 7 _
CITY OF TAMARAC, FLORIDA 2
DESCRIPTION:
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A PARCEL OF LAND BEING A PORTION OF 7EE [A3rT aME-HAIF ((��1/�) OF TRACT IN SECTION 7, 701WNSHIP 49 SOUTH, RANDE 41 EAST.
FLO IDA FRUIT LANDS COMPANY'S SUBDIVr810N MM NO ; ACComfJtl 70 111E PLAT 1N1lNEaF 11ECO1DED N PLAT BOOK i, PAGE toe. OF THE
PUBLIC REOORDS OF PALM BEACH COINTY, FLORIDA SAID PARCEL BOND MOM PARIICAARLY DESCRIBED AS FaLoft
COMMENCE AT THE SQUTHWEST CORNER OF THE NORINEAST ONE-QUARIER (M.E.1/4) OF °AID SECTION 7;
THI PARCEL 4
THENCE T LINE OF THE
ALONG 111E SOUTH LINE ELF THE SAID NOR EAST ONE -•QUARTER (N.E.1/4) A DISTANCE ELF 530.03 FEET TO A POINT ON
THE REST LIME OF 111E SAID EAST ONE-HALF (E1/2) Or TRACT 51
THENCE N-00'5f45*W.. ALONG SAID WEST LINE A DISTANCE OF 143.215 FEET TO A POINT ON THE
PROPOSED ALIGNMENT OF HIATUS ROAD, a'JO POINT AM BONG TIE POINT OF BEGINNING; WESTERLY RIdIT-CIF-WAY LINE OF THE
LOCATION MAP
THENCE CONTINUE H.00'S4'4°•w., ALONG SAID VIESY LINE A DISTANC4 OF 10000 FEET TO A POINT ON THE EASTERLY rod1T-OF-WAY 1111E OF
THE PROPOSED AUOMIENT OF NIATUB ROAN
N.E. QUARTER SECTION 7--49-41
NOT TO SCALE
THENCE S.4"413'L, ALONO SAID EATMILY RIdIT-CF-WAY RUE A DISTANCE OF 230.97 FEET TO A POINT ON THE ARC OF A TANGENT
CURVE CONCAVE TO THE SOUTHWEST,
THENCE SOU7HE/LSRRLY ALONG TH46 E OF .6ARC aFEE SAID CURVE 10 THE RIGHT, HAVING A Ci°JNIRAL ANGLE dr OF2O'0.K AND A RADIUS or 1DOIL00
0 BEING A POINT ON A UNE 15.00 FEET
ANORIIEAST
NORTH AND PARALLEL WAIN THE SAID SOUTH LINE OF 110I ONEr W M (N.E.1/4N
THENCE S.80'1954`W.: RANG SAID pAtA11EL LINE A pSTANEE OF 13040 FEET 10 A POINT ON THE SAID WESTIMY RIOIT-OF-WAY LINE OF
THE PROPOSED ALIGNMENT W HIATUS ROAD, SAD POINT ALSO WHO A POINT ON THE ARC OF A NON -TANGENT CURVE CONCAVE IO THE
SOUTHWEST. HAVING A CHORD BEARING OF N.407110e w.;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID VJM 70 THE I,qT, HAMM A CENTRAL MOLE OF DY48'11' AND A RADIUS OF 502.0D
FEET FOR AN ARC DISTANCE OF 59.34 FEET TO A POINT OF TANODWYD
THENCE N.422,rI3'W.i ALONG SAD WESTERLY RMT-OF-WAY LINE A DISTANCE OF 110.e2 FEET TO THE POINT OF BEGINNING;
SAID LAND SITUATE VATHN THE CITY OF TAMARAC, BROIYARD COUNTY. FLORDA CONTAINING CAM ACRES (29,063 SQUARE FIE», MORE OR
LESS.
SCALE 1" — 120'
IN, LINE TRACT 5
I 1
0 30 b.e.srnNnr.,� fa
(NOT INCLUDED)
CAPLAN PARCEL _ � �♦y
(NOT INCLUDED) '
\;rL i1W
N.W.1/ OF TRACT 5 \
REMAINDER OF
LWIN PARCEL
(NOT INCLUDED)
w
L LINE TRACT 5
ILM919'644_
i POINT OF COMMENCEMENT
S.W. CORNER OF THE
N.E. 1/4 OF SECTION
7-49-41
'r}
�4F}�
POINT OIL
BEGINNING
TRACY 32
-FLORIDA FRUIT LANDS CDHPANY'S SUBDIVISION ND. 2'
PLAT BOOK 1, PAGE 102. PALM BEACH COUNTY RECORDS
NO & LSO
I. BEARINGS SHOWN HEREON ARE BASED ON THE STONER/ MTH RESURVEY U.L................
UTILITY EASEMENT
RECORDEO IN MISCEU.ANEQUS PLAT 00% 3, PAGE 44 OF 1HE PUBLIC
NECORDS OF BROWARD COUNTY, FLORIDA. R/W..............
.INGHT-OF-WAY
2. THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, f ...............CENTERLINE
RIGHTS -OF -WAY. EASEMENTS OR OTHER MATTERS OF RECORD.
(I) ........
3. IH15 SKETCH DOES NOT REPRESENT A FIELD SURVEY ("TINS GI NOT A SURVEY). ."...CURVE
NUMBER
IS TO CT SNAP TIEDSKETCH AND LEGAL OESCRWTKH SHOWN HEREON AND CORRECT ro
TIN[ 9EST OF MY K
CER 14S
CLRTIFY THAT DINS SKETCnOW AND 1E MEETS TNT MMNW TECHNICAL STANDA 9Ef FORK BY
NNE ROIBOA 1
TR TIW CROdr
7.FLORIDASON
CHAPTER 41QIY-e, r1.DRR1A ADIANOSiRARVE CaPl, PURSUANT TO >rCppr 4R.07, iONOA 9TARPlS
J#A= 1). S70W Z
PROFE1g1O W LAID SURKYOR NIL
3/16/97 1 J.D.S.
n
REMAINDER OF
SANIPIP PARCEL
(NOT INCLUDED)
PER FLAT BOOK 1,
S PALM BEACH
S. UNE Or ME1/4,
SECTION 7-49-41
COIN numbw 1 Cur numb. 2
Rndlur 100.00 Rods— 902.00
041t" 0e12(f07• O«ta- 03'45'11'
Ara- 146.62 Arc. 59.34
Tm,"11- 73.44 Tangwlt- 29,00
Chard- To/ 49 Chad- 59.33
Chad Bp. S.3514'12'E, Chord Drip. N.40'31'09`W.
SHEET 1 OF 1
F. 1 WRINER
LAND SURVEYORS IN
SEAL
HOT VALID UNLESS
SUE JED
AN b=Mr
SURYEA)R'5 SEAL
"ONE, Ifs
TEP
L./
EXHIBIT "A"
VEW LEGAL
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