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HomeMy WebLinkAboutR-2005-194 Perpetual Easement re utility relocation FDOT RESOLUTION NO. 2005-194 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO GRANT A PERPETUAL EASEMENT ON BEHALF OF THE CITY OF DANIA BEACH TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, TO ALLOW THAT DEPARTMENT TO CONSTRUCT AND MAINTAIN A TRAFFIC SIGNAL MAST ARM AND RELATED EQUIPMENT IN CONJUNCTION WITH IMPROVEMENTS TO THE INTERSECTION OF STIRLING ROAD (STATE ROAD NO. 848) AND BRYAN ROAD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a Perpetual Easement on behalf of the City,granting an easement to the Florida Department of Transportation,to allow that Department to construct and maintain a traffic signal mast arm and related equipment in conjunction with improvements to the intersection of Stirling Road (State Road No. 848) and Bryan Road, Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such document as are deemed necessary and proper and in the best interest of the City. rSection 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on December 13, 2005. ANNE CASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES r -d COMMISSIONER BERTINO - YES LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FORM AND CORRECTNESS BY: THOM J.P191M, ITY ATTORNEY 07-PE. 13-06/93 This instrument prepared Parcel No. N/A under the direction of : Item/Segment No. 4114381 Laurice C. Mayes, Esq. Section No . 86016 Sketch & Legal description Managing District : 04 Prepared by: S .R. No. 848 Calvin, Giordano & Associates, Inc . County: Broward Document prepared by: Sigita Seeley (12-05-05) Department of Transportation 3400 W. Commercial Boulevard Ft . Lauderdale, Florida 33309 PERPETUAL EASEMENT THIS EASEMENT made this 0:- c� day of ✓l�'? -c_.., , -el 200 by the CITY OF DANIA BEACH, a municipal corporation of the State of Florida, grantor, whose address is : 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004-3643 , to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, grantee . WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of constructing and maintaining a mast arm along with other incidences necessary or convenient in connection therewith in, over, under, upon and through the following described land in Broward County, Florida, viz : (See attached Exhibit "A" sketch & legal description) TO HAVE AND TO HOLD the same unto said grantee, its successors and ssigns forever. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST:A e-2u �dUJLJ CITY OF DANIA BEACH, a municipal corporation of Print Name : Louise Stilson the State of Florida Its City Clerk APPROVED AS TO FO CORRECTNESS: By: 1 l 7m Print Name: Tho ,. An o Print Name : Anne Castro CiVy Attorney Its Mayor STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this Q day of vCS''-C-C -t..-rr -c_. , 200 f , by Mayor, who is personally known to me o-r--- rho--has--.-pr-odu-ced- as---i-denti-f.icaton. - sMIRIAM NASSER rotary Public, State of fiakia My comm. expo July S,2WT ^omm No. DD 23214 .. Print Name : .'h` ,/ ,.-.ra, /�/ ✓ , Notary Public in and for the County and State last I, , resaid. My Commission Expires . .�. • `7 Serial No. , if any: �� EXHIBIT "A" LAND DESCRIPTION CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA EASEMENT A portion of the Northeast One-Quarter (N.E.I/4) of the Northeast One-Quarter(N.E.1/4) of Section 4, Township 51 South, Range 42 East, Broward County, Florida, being more particularly described as follows: COMMENCE at the Northwest corner of said Northeast One-Quarter(N.E.1/4) of the Northeast One-Quarter (N.E.1/4) of Section 4, Township 51 South, Range 42 East; THENCE South 01°47'02"East on the West line of said Northeast One-Quarter (N.E.1/4) of the Northeast One-Quarter (N.E.I/4) of Section 4, Township 51 South, Range 42 East, a distance of 53.00 feet; THENCE North 8734'12"East on a line 53.00 feet South of and parallel with the North line of said Northeast One-Quarter (N.E.1/4)of the Northeast One-Quarter(N.E.114) of Section 4, Township 51 South, Range 42 East, said parallel line being the South right-of-way line of Stirling Road as described in City of Dania Ordinance Number 253, recorded in Official Records Book 9496, Page 174 of the Public Records of Broward County, Florida, a distance of 32.00 feet to the POINT OF BEGINNING; THENCE continue North 87°34'12" East on said parallel line and on said South right-of-way line, a distance of 12.00 feet; THENCE South 021 25'48"East, a distance of 10.00 feet; THENCE South 87°34'12"West, a distance of 12.00 feet; THENCE North 02025'48" West, a distance of 10.00 feet to the POINT OF BEGINNING; 0 aid lands lying in City of Dania Beach, Broward County, Florida, and containing 120 square feet(0.0028 acres), more or ess. SURVEYOR'S NOTES: 1. Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 2. Lands shown hereon were not abstracted by the surveyor for rights-of-way, easements, ownership, or other instruments of record. 3. Bearings shown hereon are relative to the North line o Section 41 Tow Ai*' 51 South, Range 42 East, Broward County, Florida having a bearing of North 8734'12"East. 4. This sketch does not represent a boundary surve regor J. C s Professiona rveyor and Mapper No. 4479 State of Fl rida Prepared by: CALVIN,GIORDANO&ASSOCIATES,INC. 1800 Eller Drive-Suite 600 Ask-Lauderdale,FL 33316 Wovember It,2005 e vised November 22,2005 P:\Projects\I997\971826 Dania Miscellaneous\SURVEY\Legal Descriptions\971826-V-SD.doc SHEET 1 OF 2 LEGEND: 52.IDG' 40 00' TRA:T "A B.C.R. 8roward County Records ' CA Central Angle �/rr qq I DI C.B. Chord Bearing W S M O N S PLAT CL Center line n CM Concrete Monument - (P.B. 2 P(j. g) D.C.R. Miami-Dade County Records - - <f ' B. Deed Book J Z FD. Dedicated = Q GRAPHIC SCALE F.P.L. Found O � p 20 ao eo L Florida Power & Light Co. Length (M) Measured Q M.P.B. Miscellaneous Plat Book tJ W z IN FEET O.R.B. Official Records Book W I PB Plat Q �� 1 inch = 40 Ft. PB Plat Book Q a, PG Page Ui - ' � W P.O.B. Point of Beginning > d C] CA=90°56'0_' P.O.C. Point of Commencement J W L=39.6E FIRM Permanent Reference Monument R=?S,JU R Radius - N-_ RCE Range - (R) Record R/W Right-of-Way SEC Section w - SFWMD South Florida Water Management O N District w S0. FT. Square Feet � z I S.R. State Road O N TRT Tract v w TWP Township �+ w w 0 / U.E. Utility Easement _ cn Z Cn ¢ mow cv o (D ' Lh "T N 43°02'1 3"' O W�� E 42.08' �\ o o \ z N N ' In SAN-MAR PLAT O w o Co PARCEL 'A' W �w 1 P E 142, PG. 18 z �- 1 o N 87'34'1 2" o EX!jTl dC P..!W (LINE z F------- -- — -- N ------ Ln LW5 W =o 1021 -72 C' G"LT $ N \ 3_.J-._ J N :D.CN; MAINTAINED R//W LINES "PRIvI 514' P.O.0 (M., .B. 5, PG. 21) �;� _ M1. NORTHWEST CORNER OF THE NORTHEAST 1/4 u� Lj O Ln � F THE NORTHEAST S.R. 848 (STIRLING 1/4 OF SECTION 4, ROAD) TOWNSHIP 51 SOUTH, y y� TLn 1 1 1 1 CITY LIMITS OF DANIA BEACH RANGE 42 EAST N 87'34'12" E SEC. 33-50-42 > I CITY LIMITS OF HOLLYWOOD j (BASIS OF BEARING) SL' . -� to N � m / MAINTAINED RAW LINE N Ln -_ w (M.P.B. 5, PG, 21) N o - ----�r ---------- --------------- F- o o ----1- - --------------------- -- -------- - --- -- - - ------ � u, R - -- ORDINANCE N0.253 1021-92.78,0.271T ; v DED R/W FROM CITY OF DANIA TO PUBLIC o FD.NAIL P.D.B. �(O.R.B.9496, PG.174) N87'34'12"E L1 o i N 87°34'12" E o EXISTING Rr W LINE./ 32.00' /J 7 r-- ----- -- O cc Y L3 Ln 0 u) O i:=to cN Q �Q N M F-r7 w ��W LINE TABLE w� _ �l N io.o' FPL EASEMENT- LINE 7i o �r O.P.B. a63t, PG. 523 EXISTING RAW LINE L1 N87r34'12"E 12.00' <� 0 w o ¢ ' N 87'34'12" E i o w 3 m w a-Z / L2 S02'25'48"E 10.00' J Q �N< ACREAGE / N L3 S87'34'12"W 12.00' a� o o °o / 0 GOVERNMENT LOT 1 / L4 NO2'25'48"W 10.00' o� 0 W W o c x o o `a - ACREAGE c6 2 E Ln 00Lj / N r J W GOVERNMENT LOT 2 to / U U / SCALE PROJECT No SHEET N ;.:Q Engimm W61f®UIN9lU➢S0 WMTYM �16AWu¢7e EXHIBIT 'A' 1"=40.0' 97-1826 d 1800 Eller Drive, Suite fizz SKETCH OF LEGAL DESCRIPTION EASEMENT DATE aAD FltE 2 o Fort Lauderdale, Florida 33318 - �VI Phone: 864.821.7781 Faz 964.921.8807 STIRLING ROAD & BRYAN ROAD ,1 os 2005 SEE LEFT OF 2 Certificate of Authorization No. LB 6791 / / O 575-030-31 / RIGHT OF WAY-10/00 Florida Department of Transportation JEB BUSH DENVER J.STUTLER,JR. GOVERNOR SECRETARY NOTICE TO OWNER City of Dania Beach ITEM/SEGMENT NO.: 4114381 100 W. Dania Beach Boulevard MANAGING DISTRICT: Four Dania Beach, FL 33004-3643 F.A.P. NO.: N/A STATE ROAD NO.: 848 COUNTY: BROWARD PARCEL NO.: N/A Dear Property Owner The Florida Department of Transportation is planning the following improvement of the above referenced transportation facility: milling and resurfacing along with constructing and maintaining a mast arm. Our research shows you own property needed for this project. This letter, along with the enclosed brochure entitled The Real Estate Acquisition Process, explains your rights and options and the process we must follow by law in •acquiring your property. The following enclosed documents identify the property that is needed: parcel sketch and legal description. If you no longer own this property, please refer to the enclosed questionnaire. We recognize that a proposed transportation project, particularly one which requires the acquisition of private property, will usually result in many questions and concerns. Please be assured you will have sufficient time to have your questions answered, to consider and understand your rights, options and responsibilities, and make all necessary arrangements. Throughout this process we will do our best to ensure your questions are answered, that you are treated fairly and receive all of the rights you are guaranteed by law, and that you receive a fair price for your property. Under Federal and State law, you are entitled to certain rights and protections when the State must acquire real estate from you. The following is a summary of your rights: You may accompany the Department's appraiser when your property is inspected as part of the process for valuing your property. You may obtain copies of the Department's appraisal, right of way maps and construction plans. We will make a written offer to you to purchase your property and will negotiate with you, in good faith, to reach a mutually acceptable purchase price. If we cannot agree on a purchase price, we will not file a condemnation lawsuit until at least 30 days after you receive our initial written offer. You will receive no less than full compensation for the property acquired. Full compensation includes, the value of the real estate acquired together with damages, if any, to your remaining property. You may be eligible for relocation assistance benefits if you are required to move or move personal possessions from the property we acquire. You may receive reimbursement for reasonable attorney fees and other reasonable costs you incur for appraisal • and other services associated with the Department's acquisition. Your rights and options are more fully explained in the enclosed brochure entitled The Real Estate Acquisition Process. We encourage you to read this brochure carefully and contact us if you have any questions. vvvvw.dot.state.fl.us 0 RECYCLED PAPER 575-030-31 RIGHT OF WAY-10/00 You may be contacted by attorneys, appraisers or others requesting a commitment from you to use their services dealing with the Department. As previously mentioned, the Department will pay for certain types of services. However, by law, there are limitations placed on what the Department can pay. We encourage you to contact us and allow us to fully explain our reimbursement process. You will find a more thorough discussion of the reimbursement of fees and costs in the enclosed brochure. Over the coming months, you will be contacted by various Department representatives who will schedule property inspections, assess your relocation needs, and negotiate with you for the purchase of your property. If you have questions about any aspect of our acquisition process or if you have information that would help us to determine a fair value for your property or help us provide service to you, please let them know. Regardless of whether we can reach agreement on the purchase of your property, we will do our best to be sensitive and responsive to your needs. I encourage you to fill out and return the enclosed questionnaire in the postage-paid envelope provided. This information will help us begin working with you to reach a mutually acceptable settlement for your property. If you experience any problems, please do not hesitate to contact: Brooke Berkowitz 3400 W. Commercial Boulevard, Fort Lauderdale, FL 33309-3421 (954) 777-4263 brooke.berkowitz@dot.state.fl.us Sincerely, Cheryl Balogh District Right of Way Manager Brooke Berkowitz • Right of Way Agent Enclosures: Questionnaire Return Envelope Legal Description (and/or right of way map) The Real Estate Acquisition Process Brochure cc: Records Management Received by: Certified Mail Number: Date: • 575-030-12 RIGHT OF WAY-06/99 • Florida Department of Transportation JEB BUSH DENVER J.STUTLER,JR. GOVERNOR SECRETARY Donation of Property to the Florida Department of Transportation City of Dania Beach ITEM/SEGMENT NO.: 4114381 100 W. Dania Beach Boulevard MANAGING DISTRICT: Four Dania Beach, FL 33004-3643 F.A.P. NO.: N/A STATE ROAD NO.: 848 COUNTY: BROWARD PARCEL NO.: N/A INTEREST CONVEYED: Perpetual asement This is to advise that the undersigned, as wner of the property or property interest ref enced above and as shown on Right of Way maps for referenced project, desir s to make a voluntary donation of said pro erty or property interest to the State of Florida for the use and benefit of the Florid Department of Transportation. The undersigned hereby acknowledges that /she has been fully advised by a partment representative of his/her right to �ave the referenced property or property inter t appraised, to accompany the ppraiser during the appraisal inspection of the property, to receive full compensation for th above referenced property, d to receive reimbursement for reasonable fees and costs incurred, if any. Having been full informed of the above rig s, I hereby waive those rights unless otherwise noted below. Own 's Signature e or Print Property Owner's Name Street ddress City, State, ip Code Date l www.dot.state.fl.us ® RECYCLED PAPER • PE . 14-10/91 This instrument prepared Parcel No. N/A under the direction of : Item/Segment No. 4114381 Laurice C. Mayes, Esq. Section No. 86016 Sketch & Legal description Managing District : 04 Prepared by: S .R. No. 848 Calvin, Giordano & Associates, Inc . County: Broward Document prepared by: Sigita Seeley (12-05-05) Department of Transportation 3400 W. Commercial Boulevard Ft . Lauderdale, Florida 33309 R E S O L U T I O N ON MOTION of City Commissioner seconded by City Commissioner the following Resolution was adopted: WHEREAS, the State of Florida Department of T nsportation proposes to • construct or improve State Road No. 848 (Stirlin oad) , in Broward County, Florida: and WHEREAS, it is necessary that an easement cross certain lands now owned by the City of Dania Beach, Florida, be acquir by the State of Florida Department of Transportation: and WHEREAS, said use is in the best intere t of the City: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and del ver to the State of Florida Department of Transportation a perpetual e sement, or easements, in favor of the State of Florida Department of Transp Cation for the purpose of constructing and maintaining a mast arm, nd said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by t e Board of City Commissioners of the City of Dania Beach, Florida, that the pplication of the State of Florida Department of Transportation for a per etual easement, or easements, is for transportation purposes which are in t e public or community interest and for public welfare; that a perpetual ease ent, or easements, in favor of the State of Florida Department of Trans p rtation in the City of Dania Beach, Florida, should be drawn and execute by this Board of City Commissioners . Consideration shall be $ BE IT FURTHER RESOLVED that a certified copy of this Resolution be •forwarded forthwith to the State o Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft . auderdale, Florida 33309. STATE OF FLORIDA CITY OF DANIA BEACH I_HEREBY CERTIFY that the oregoing is a true copy of a Resolution adopted by-the Board of City ,G mmissioters of the City of`-Dania Beach;----- Florida, at a meeting held on .,the day of 200 _ L Print Name: Clerk, Board of City Commissioners ."` City of Dania Beach, Florida '+ CITY OF DANIA BEACH Agenda Item # � ®® Agenda Request Database Date of of Commission Meeting: 12/13/2005 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: I, RegUeStedAdCtlon (Idenfityappropte,Act�on or Motion) Win^sw Approval of Easement for FDOT to install and maintain traffic signal Wh AAction is Necessa Stirling Road resurfacing project hat Action Accom lashes � - Avoids relocating of raw water line to Water Plant Purchasing Request O LYE r. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital:P� ❑ 4 R Summary Explanation/Background ._..,, �h, h , FiSt"A Im pact/Cost Summary° None M 10 Exhbitsg Attachewa d . z.. 71 y Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 • AuthortzediSignatures 00, Submitted by Leo Williams Date 12/09/05 Department Director s d",@t,_._" Date I Z Qj/ � ©� v HR Director Date Finance Director r Date City Attorney Date City Manager Date City Clerk Use ., sy ., F zp, R ;. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑