HomeMy WebLinkAboutR-1998-117 I
RESOLUTION NO. 117-98
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE A NON-EXCLUSIVE EASEMENT
TO CONVEY TO FLORIDA POWER AND LIGHT COMPANY A PORTION
OF CITY LANDS FOR UTILITY PURPOSES, A COPY OF WHICH
EASEMENT IS ATTACHED AS EXHIBIT"A"; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City has been requested, in connection with the development of the
Bass Pro project, to convey to Florida Power and Light Company (the"Company")the right
to use a small portion of lands lying adjacent to a portion of Angler's Avenue (formerly
known as Ravenswood Road), which portion lies south of Griffin Road in the City; and
WHEREAS, the portion sought for the project is proposed to be conveyed to the
Company to relocate utility lines in connection with the project; and
WHEREAS, since the subject lands were acquired from Broward County, they have
been used as a portion of Tigertail Park and have not been used for active recreational or
park purposes, nor are there any improvements located on the area requested to be
conveyed; and
WHEREAS, such limited area is not needed by the City in connection with the use
of the Park; and
WHEREAS, it is to the common benefit of the City, the Company and the project
that the area be determined to be "surplus" and that the City declare such lands to be
surplus for the limited purpose of conveying the non-exclusive utility easement, all in
accordance with the requirements of Part XII, Article 3, Section 1 of the Dania City Charter;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That the foregoing recitals are true, correct and incorporated into this
Resolution by this reference.
Section 2. That that certain Easement proposed to be executed by the proper City
officials of the City of Dania, Florida, in substantial form attached as Exhibit "A", is
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approved and the appropriate City officials are authorized to execute it. The City Manager
and the City Attorney are authorized to make revisions to such Easement as may be
necessary to effectuate its conveyance.
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Section 3. That this resolution shall take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED ON AUGUST 11, 1998.
�A_, C,
MAYOR-COMMISSIONER
ATT ST:
CLERK-AUDI R
APPROVED AS TO FORM
AND CORRECTNES
CITY ATTORNE
GAWPFILESMAIDANIASASS PRO•FPL ESMT.RES
08/05198/1
I
PREPARED BY AND RETURN TO:
Thomas J.Ansbro, Esq.
Brinkley, McNerney, Morgan,
Solomon &Tatum, LLP
200 East Las Olas Boulevard
Suite 1800
Fort Lauderdale FL 33301
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EASEMENT
THIS IS AN EASEMENT, made on the day set forth below between THE CITY OF DANIA,
1 a municipal corporation (the "Grantor"), the post office address of which is 100 West Dania Beach
Boulevard, P.O. Box 1708, Dania, Florida 33004, and FLORIDA POWER & LIGHT COMPANY,
a Florida corporation (the "Grantee"), the mailing address of which is
Florida.
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration in hand paid by the Grantee, the receipt of which is
acknowledged, has granted and given the Grantee its licensees, agents, successors and assigns,
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 ten feet (10') in width (the location of which is shown in the sketch attached hereto as
Exhibit"A", located within the following described property):
SEE COMPOSITE EXHIBIT"A",
consisting of three (3) pages, a copy of which is attached
to this Easement and incorporated by this reference,
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 and to operate the same for
communications purposes; the right of ingress and egress to said premises at all times; the right
to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the
easement area; to trim and cut and keep trimmed and cut all 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 Grantor has the power to grant, if at all, the rights hereinabove granted on the land
heretofore described, over, along, under and across the roads, streets or highways adjoining or
through said property. rty�
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IN WITNESS OF THE FOREGOING, the Grantor has set its officials' hands and seals to
convey the easement to Grantee on August 14 , 1998
CITY OF DANIA,
ATTES a Florida municipal corporation
ARIA JABALEE JIM CAL'
CITY CLERK-AUDITOR MAYOR ONER
MIC 1
CI NA
APPROVED FOR FORM
AND CORRECTNESS:
By. r)- 1
THOMAS J. ANS
CITY ATTORNEY
STATE OF FLORIDA)
COUNTY OF BROWARD )
BEFORE ME personally appeared Jim Cali, as Mayor, Michael W. Smith, as City
Manager and Marie Jabalee as City Clerk-Auditor, respectively, of the City of Dania, a Florida
municipal corporation( ersonall known to me or who produced the following identification if not
personally known to me: ) and acknowledged to
and before me that the foregoing Easement was executed freely for the purposes expressed in it.
WITNESS my hand and official seal this August 14 1998
CHARlENE K.SAMAIAMACCHIA
Notary Public-State of Florida
My Commission Bores Aug TZsoot i nature of Notary Commission d CC660575 g Public
Charlene K. Saltalamacchia
Printed/Typed Name of Notary
TTT�rrrTrTTTrTTrTTTTTTTTTTrTTTTTTT
PLACE NOTARY SEAL ABOVE. The Notary Public
must affix her/his OFFICIAL SEAL of office in the blank
space above. If the seal is placed over any typed portion
or signature,the document may not be eligible for recording
under Florida law. The Notary Public must state on the
line provided above the dale that her/his notary public
commission expires unless it is stated in the stamp/seal.
If the commission is for life,the notary public should enter
"FOR LIFE'on the line. The Notary Public may also act
as a witness by signing in the appropriate place.
GAWPHLESMAIDANIAWSS PRO.FPL EASEMENT.ESM
06106196(3
08/06/98 THU 10:41 FAX 7680117 BRINKLEY McNERNEY ,LLP I0008
DESCRIPTION FLORIDA POWER AND LIGHTU'FILIIY EASEMENT
A STRIP OF LAND LOAD FEET IN WIDTH.BEING A PORTION OF LOT NUMBERS 3-23.BLOCK 9
DF HIGHLAND PARK-UNIT F2,ACCORDING TO THE PLAT THEREOF.AS RECORDED IN PLAT
BOOK 12.PAGE 29.OF THE PUBLIC RECORDS OF BRO WARD COUNTY,FLORIDA.SAID STRIP
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 33. TOWNSHIP 50 SOUTH,
RANGE 42 EAST, BROWARD COUNTY. FLORIDA: THENPF SOUTIL ALONG THE WEST
BOUNDARY LINE OF SAID SECTION 33,A DISTANCE OF 1341.03 FEET:THENCE CAST,A
DISTANCE OF 30.00 FEET TO THE MINT OF BEGIMONG:THENCE NORTH Or0374"EAST,
A DISTANCE OF 4055 FEET;THENCE NORTH M'53'40"EAST.A DISTANCE OF 192.79 FEET;
THENCE NORTH 09'W 25"EAST,A DISTANCE OF 100.60 FEET:THENCE NORTH 02"4T49^
EAST,A DISTANCE OF 150.66 FEET,THENCE NORTH 04'03'2t"WEST,A DISTANCE OF 13830
FEET: THENCE WEST, A DISTANCE OF 2.01 FEET; THENCE NORTH 01V"I" WEST, A
DISTANCE OF 406.02 FEET,TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF PINE
STREET,THENCE EAST. A DISTANCE OF lOm FEET: THENCE SOUTH 01000*01" EAST, A
DISTANCE OF 396A2 FEET,THENCE CAST. A DISTANCE OF IA9 FEET.THENCE SOUTH
04'03Ta" EAST, A DISTANCE OF 149-n FEET; THENCE SOUTH 02'47'49" WEST, A
DISTANCE OF 151.81 FEET: THENCE SOUTH 09b4'15"WEST. A DISTANCE OF IOU.62 FEET;
THEINCE SOUTH 0Y58'40"WEST. A DISTANCE OF 192.70 FEET:THENCE SOUTH GrOV34"
WEST,A DISTANCE OF 39.55 FEET;711ENCE WEST,A DISTANCE OF I0.I0 FEET,TO THU
POINT OF BEGINNING.
NOTE: THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN,WITH
THE WEST LINE OF SECTION 33,TOWNSHIP 50 SOUTH.RANGE 42 EAST,BEARING SOVITL
CEIMPICATE;
WE HEREBY CERTIFY THAT THUS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER
61GI76 (FLORIDA ADMINISTRATIVE COOS), MINIMUM TECHNICAL STANDARDS FOR
LAND SURVEYING IN THE STATE OF FLOR10A AS ADOPTED BY THE DEPARTMENT OF
BUSINESS AND PROFESSIONAL PECULATION. BOARD OF PROFESSIONAL LAND
SURVEYORS IN SEPTEMI3F3l.1991,AS AMENDED.PURSUANT TO CHAPTER 4TL027 OF THE
FLORIDA STATUTES,AND IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND
BELIEF.
CRAVEN THOMPSON&ASSOCIATES.INC.
CERTIFICATE OF tAUTIN-O-R'imvoN_ NO.LE1271
RAYMOND YOUNG
PROFESSIONALfiURVEY00.AND MAPPERN0.5799
STATE OF FLORIDA
SLEET 1 F 3
SHM O A MaY z7,1999 COMPOSITE EK}iIBIT "A"
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i06-1998 10:35 7680117 P.06
08/06/98 THU 10:41 FAX 7680117 BRINKLEY RCRERNEY ,LLP 49007
CRAVEN THOMPSON & ASSOCIATES INC.
ENGINEERS • PLANNERS r S1,.JEYORS
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ENGINEERS • PLANNERS • SUA.EYORS
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