HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-114 Temp. Reso #TR13343
October 8, 2019
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. TR-2019 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING THE GRANTING
OF A PERPETUAL EASEMENT TO FLORIDA POWER AND
LIGHT FOR THE INSTALLATION OF UNDERGROUND
UTILITY FACILITIES AT THE AQUATIC CENTER CELL
TOWER PROJECT LOCATED AT 9300 NW 58TH STREET;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTED SAID PERPETUAL EASEMENT TO FLORIDA
POWER AND LIGHT FOR THE INSTALLATION OF
UNDERGROUND UTILITY FACILITIES AT THE AQUATIC
CENTER CELL TOWER PROJECT LOCATED AT 9300 NW
58TH STREET; AUTHORIZING AND DIRECTING THE CITY
CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC
RECORDS OF BROWARD COUNTY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Aquatic Center Cell Tower Project located at 9300 NW 58th
Street will require the installation of underground utility facilities; and
WHEREAS, a perpetual easement is required by Florida Power Light for the
installation, maintenance, and operation of necessary underground utility facilities;
and
WHEREAS, the City, as owner of the Aquatic Center facility located at 9300
NW 50th Street has offered a perpetual easement (a copy of which is attached and
hereto as "Exhibit 1") to Florida Power and Light; and
WHEREAS, the Director of Public Services recommends that this perpetual
111 easement be granted to Florida Power and Light; and
Temp. Reso. #TR13343
October 8, 2019
Page 2 of 3
WHEREAS, the City Commission of the City of Tamarac, deems it to be in
the best interests of the citizens and residents of the City of Tamarac to approve a
perpetual easement for the installation of underground utility facilities, and to
authorize the appropriate City Officials to execute said perpetual easement for the
installation of underground utility facilities to Florida Power and Light at the Aquatic
Center Cell Tower Project located at 9300 NW 58th Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
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. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The City Commission of the City of Tamarac hereby
authorizes the granting of a perpetual easement to Florida Power and Light for the
installation of underground utility facilities at the Aquatic Center Cell Tower Project
located at 9300 NW 58 Street; and the appropriate City Officials are hereby
authorized to execute said easement.
SECTION 3: The City Clerk is hereby authorized and directed to record
said Agreement in the Public Records of Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp. Reso. #TR13343
October 8, 2019
Page 3 of 3
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, 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
adoption.
'/'�
PASSED, ADOPTED AND APPROVED this 3 day of1��
2019.
�f J
MICHELLE J. G10 1EZ
MAYOR
ATTEST:
LILLIAN PABON, CMC
ltsY 'CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: V/M PLACKO -�
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
((l2e14, o i -
,) 4 i.
SAMUEL S. GORFJI
CITY ATTORNEY
Instr# 116156550 , Page 4 of 5
EXHIBIT 1 TR 13343-EXHIBIT 1
Work Request No. EASEMENT
Sec._,Twp_S,Rge_E (BUSINESS)
This Instrument Prepared By
Parcel I,D, Name -City Of Tamarac
(Maintained b)494109-06-0020 Co.w Naame _7525 NW 88th Ave,
.Tamarac, FL 33321
The undersigned, In consideration of the payment of$1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged,grant and give to Florida Power 8 Light Company,its affiliates,
licensees, agents, successors, and assigns (FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles,
guys,cables,conduits and appurtenant equipment)to be installed from time
to time; with the right to reconstruct improve, add to, enlarge, change the
voltage as well as the size of,and remove such facilities or any of them within
an easement described as follows:
See Exhibit"A"("Easement Area")
Together with the right to permit any other person,firm or corporation to attach wires to any facilities hereunder and lay cable
and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress
to the Easement Area at all times;the right to clear the lend and keep it cleared of all trees,undergrowth end other cbstructiona
within the Easement Area; the right to trim and cut and keep trimmed and cut al dead,weak, leaning or dangerous trees or
limbs outside of the Easement Area which might interfere with or fall upon the lines or systems of communications or power
transmission or distribution;and further grants,to the fullest extent the undersigned has the power to grant,If at all,the rights
hereinabove granted on the Easement Area heretofore described,over,along,under and across the roads,streets or highways
adjoining or through said Easement Area,
IN liVITN.ESS WHEREOF"Grantor has hereunto set his hand d seal the dal year Snit above written,
/ ' dal ro
g _-
• MICHELLE J.
TTE3T: _ titAYtJR
Lillian Pabon,CddlC
-At staat CITY CLERK
A )644 iid
I HEREBY CERTIFY that II have eo.ff
approved this RESOLUTION SAMUEL S.GOREN r
as to form. CITY ATTORNEY
STATE OF FLORIDA
COUNTY OF i3R0442
I HEREBY CERTIFY that on this day,before me.an officer duly authartaed in the State aiibrtsafid and in the County
aforesaid to take aeknowliedpmerots,personally appeared/L1 iCi1eLL e .T too a Z. to me known to be
the persen(F)described In and who executed the foregoing lnrstrument amd g acknowledged before me and under
oath that executed the same. �J Witness my hand and NotarialSeal this *day of //D 74e-Traci) c 20�!,
3igrnatureez
•
• : ' .• T1NAM-WHEATLEY
Printed /�, NgtirY public-State of floe idi
! </VAT /'4, /4j etige ' Commission a GG 224Mt
�/ �,ar. . My Comm.Expires Aug 1,2022
My Commission Expirres C i.0 2 a landed nugh HAtiaul Notary man. I
Instr# 116156550 , Page 5 of 5, End of Document
TR#13343 Exhibit "A"
l DESCRIPTION AND SKETCH
SECTION 8, TOWNSHIP 49 SOUTH, RANGE 41 EAST
BROWARD COUNTY, FLORIDA
—___J/ FOR: KIMLEY-HORN
S 6859'06'E(D)
SURVEYOR'S NOTES 418.70'(0)
LYONS INDUSTRIAL PARK T. BEARINGS HEREON ARE REFERENCED TO THE ASSUMED BEARING
PLAT BOOK 71, PAGE 1 OF NORTH 00'O1.37 WEST ALONG THE EAST uNE OF BLOCKS 4, 5
AND B, LYONS INDUSTRIAL PARK, AS PER PLAT THEREOF RECORDED
PARCEL *P_ IN PLAT BOOK 71. PAGE 1 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA
LEGEND 2. THE DESCRIPTION AND SKETCH SHOWN HEREON IS BASED ON A
_JP) INDICATES INFORMATION PER RECORDED PLAT PREVIOUS SURVEY PREPARED BY THIS OFFICE DATED JUNE 8, 2017.
100'(P) _(D) INDICATES RECORD DESCRIPTION DATA
r S 89'47'58` E 3. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE
SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED
SURVEYOR AND MAPPER.
i
15o.00 4. THIS IS NOT A BOUNDARY SURWY.
x f'f --- -^ POINT OF TERMINUS
Vt. L -< �� YYYY. "� f �..�„ CENTERLHE OF 10' WIDE
FQrgI [rY N0N-EXCLUSIVE UTILITY
4 Y� ) 10'MOE NON-EXCLUSIVE .. ^y. ��EASEMENT
R G'1';a UTILITY EASEMENT :J
P Q n rf? 4.880 SQUARE FEET.* S 7914'04" E
4 1 y ;•i 0.112 ACRES.* 80.00' /A
00
T Y:vI
Y 2 1 G 1 PROPERTY DES'CRIPIION Y
r.,,,,1 N 001 Or E PARENT PARCEL
o I°.+ --- (OFFlgAI RECORD BOOR 36751, PAGE 1834)
I"1 A PORTION OF PARCEL P, 'LYONS INDUSTRIAL PAN(",
WA ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
71, PAGE 1 OF THE PUBUC RECORDS OF BROWARO COUNTY.
ii 17%1 FLORIDA, BEING MORE PARTICULARLY DESCRIBED OF FOLLOWS:
0 1r!1
(,';) BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL P:
):, K/71 PARENT PARCEL THENCE NORTH 0001'37' WEST, ALONG THE WEST LINE OF SAID
(,',) CITY OF TAMARAC PARCEL P, A DISTANCE OF 520.38 FEET; THENCE SOUTH
TAX PARCEL NO. 444T-08-03-0291
C' C l� OFFICIAL RECORD BMW 36791,PAGE 1834 of SAID•PARSCEL P,OAG A UNE DISTANCE OF 418.70PARALLELTO THE
TTHHEEN LINE
�- yy! , LINE SOuOOPAR3ALLEL P,TA DISTANCEG A UNE OF 4113.7PARALLEL
EFEET TO THEIST `'
r',- POINT OF BEGINNING.
RIGHT-OF-WAY UNE k. -I
,•;1 SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARO
(, .%j N 0718.40" W COUNTY,FLORIDA, AND CONTAIN 5,001 ACRES. MORE OR LESS
rG 1 54100'
NW P B I� IGH-ET Y 10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT
80' WIDE PUBLIC RIGHT-CIF-WAY (PREPARED BY GEOUNE SURVEYING, INC.)
F'./ THAT PART OF THE'CITY OF TAMARAC'PARCEL, AS PER
DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 38751,PAGE
RIGHT-OF-WAY LINE Y,'1 1834 OF THE PUBLIC RECORDS OF BROWARO COUNTY, FLORIDA,
—� —` :'.I LOCATED IN THE SOUTHWESTERLY PORTION OF PARCEL P.
Y" ',1 LYONS INDUSTRIAL PARK, AS PER PLAT THEREOF RECORDED IN
I: ,I PLAT BOOK 71.PAGE 1 OF THE PUBLIC RECORDS OF SAID
1, `N N 7' I_' E BROWARO COUNTY, SITUATED IN SECTION 8, TOWNSHIP 49
y' SOUTH, RANGE 41 EAST,SAID BROWARD COUNTY. LYING WITHIN
A FEET OF BOTH SIDES OF A CENTERLINE BEING MORE
I- f: 'I PARTICULARLY DESCRIBED AS FOLLOWS
5 89VS1.99'E(1� POINT Of BEGINNING N I- 5.00' CENTERLINE OF 10' MOE COMMENCE AT THE SOUTHEAST CORNER OF LOT 2.BLOO( 4.0 to 1- NON-EXCLUSVE UTILITY EASEMENT LYONS INDUSTRIAL PARK, AS PER PLAT THEREOF RECORDED IN 4
N 8958.23'E 125.69' !/ PLAT BOOK 71,PAGE 1 OF THE PUBLIC RECORDS BROWARD R
mi g 2��, COUNTY, FLORIDA; THENCE NORTH 00'01'37'WEST ALONG THE o
P EAST UNE OF LOTS 2 AND 1, SAID BLOCK 4 FOR 191.09 FEET;
V N THENCE NORTH 69'68'23•EAST FOR 125.89 FEET TO THE
o �! NORTHWEST CORNER OF AN 23 FOOT BY 60 FOOT TOWER
ro Q N w PARCEL: THENCE SOUTH 89'51'59" EAST ALONG THE NORTH
JJJJCCC` Y UNE OF SAID TONER PARCEL FOR 3.00 FEET TO THE POINT OF
A z p '0Q BEGINNING OF THE GfNTERUNE OF THE HEREIN DESCRIBED 10
'i w 8 FOOT MDE NON-EXCLUSVE UTILITY EASEMENT; THENCE NORTH
00'0,3'O1- EAST FOR 70.170 FEET; THENCE NORTH 0716'40-
WEST FOR 50.00 FEET; THENCE NORTH 0016'57•EAST FOR
13300 FEET; THENCE SOUTH 89'47'56`EAST 150,00 FEET;
a 23.00' THENCE SOUTH 7914'04' EAST FOR B0.00 FEET TO THE POINT
OF TERMINUS OF THE HEREON DESCRIBED CENTERLINE
POINT OF BEGINNING: CONTAINING 4,680 SQUARE FEET(0,112 ACRES). MORE OR LESS.
PARENT PARCEL
SOUTHWEST CORNER OF PARCEL'P'
N 6659'06' W(D) SOUTH LINE OF PARCEL•P'
N 416,70'(D)
Z
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N Q o u7UTY DETAIL - CANAL
j�o GRAPHIC SCALE CITY OF TAMARAC hef►�ir✓Lord errors
m y IC 1S Q , 15 SC 7 Q TAX PARCEL N0. 4941E08-03-0310 G E O L I N E 1«4k «'-�
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an OC10BER R 2019
WO
oeci6e MVE SNORT Hoer/ 341-13
POINT OF COMMENCEMENT / 10/02/2019 A1iARAC 4 SITE SITE 0. F�1894>'
l)SSE CORNER OF LOT 2.BLOCK 4
• WDAMD G. SHORT BROWARD COUNTY. noRma
_ —4LORIDA PROFESSIONAL SURVEYOR AND MAPPER ADDRIM 9D06 NOBTAIFIST 881E BTBUT. TAMARAC FL 36341
CERTIFICATE Cr REOISTRADON NO. 5022 WANING.344-33 f KIMLEY-HORN (SHEET/1 OF 1