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Home My WebLink AboutR-2008-082 Drainage Easement - Broward County RESOLUTION NO. 2008-082 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA GRANTING A DRAINAGE EASEMENT TO BROWARD COUNTY FOR PROPERTY LOCATED AT 5440 RAVENSWOOD ROAD TO ACCOMMODATE AN OUTFLOW PIPE CONNECTED TO A COUNTY STORMWATER MANAGEMENT SYSTEM; 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 drainage easement to be conveyed to Broward County to accommodate an outflow pipe connected to a County stormwater management system located at 5440 Ravenswood Road. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on May 13, 2008. ALBERT C. JONES MAYOR—COMMISSI ER ATTEST: ^ 1 U oU LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: � q InL THOMASI J. ANSBRO CITY ATTORNEY This instrument prepared by: Purvi A. Bhogaita, Assistant County Attorney Office of the County Attorney 115 South Andrews Avenue, Room 423 Fort Lauderdale, Florida 33301 954-357-7600 DRAINAGE EASEMENT This is a DRAINAGE EASEMENT, granted on 2008, by the CITY OF DANIA BEACH, a Florida municipal corporation, ("GRANTOR"), to BROWARD COUNTY, a political subdivision of the State of Florida, address of which is: Governmental Center, 115 South Andrews Avenue, Ft. Lauderdale, Florida 33301-1801("GRANTEE"): WITNESSETH WHEREAS, GRANTOR is the owner of property situated in Broward County, Florida, and more particularly described as follows: See Exhibit "A" with accompanying sketch of description, attached and made a part of this document ('Property"); and WHEREAS, GRANTEE seeks a perpetual, non-exclusive easement on, over, across and through a portion of the Property for the construction and maintenance of drainage facilities, together with any appurtenances incidental and necessary to such easement (such portion of Property referred to as the "Drainage Easement Area"); and WHEREAS, GRANTOR is willing to grant such an easement; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants exchanged between the parties and the sum of Ten Dollars ($10.00) given by GRANTOR to the GRANTEE and other good and valuable consideration, the receipt and sufficiency of which are acknowledged and agreed upon, GRANTOR declares as follows: 1. The foregoing recitals set forth in the above WHEREAS clauses are true, accurate and are incorporated by this reference. 1 2. GRANTOR grants to the GRANTEE, its successors and assigns, a perpetual and non- exclusive drainage easement ("Easement") on, over, across and through the Drainage Easement Area. 3. The grant of Easement shall include the right of ingress and egress over the Drainage Easement Area for the purpose of construction and maintenance of drainage facilities ("Project") in, upon and through the Drainage Easement Area. 4. GRANTOR may, for its own purposes, utilize the Property and shall retain a right of free ingress and egress in, over, under, through, upon and across the Property which does not unreasonably interfere with GRANTEE's exercise of this Easement. 5. If GRANTEE performs any work in connection with the Drainage Easement Area, the Area shall be restored to its previously existing condition at the sole expense of the GRANTEE. 6. This Easement shall not be released or amended without the consent of the parties as evidenced by a document in the Public Records of Broward County, Florida. 7. GRANTEE shall record this fully executed Easement in its entirety in the Public Records of Broward County, Florida at its expense. 8. The Easement shall be governed by and interpreted according to the laws of the State of Florida. 9. This instrument contains the entire agreement between the parties relating to the rights granted and obligations assumed pursuant to this instrument. Any oral representations or modifications concerning this instrument shall be of no force and effect, excepting a subsequent modification reduced to writing, signed by the party to be charged. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 2 IN WITNESS OF THE FOREGOING, the undersigned has signed and executed this Drainage Easement on the date specified below under its signature: CITY OF DANIA BEACH, a Florida municipal corporation, signing by and through its , duly authorized to execute same, on , 2008. GRANTOR: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR IVAN PATO, CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 3 i o ~ N --- cr W I � BLOCK 7 LOT 8 LOT 9 LOT 70 'II LOT 77 I 1 I T I G E R T A I L Z N" Z— AxE Qj N 5ti�'• 20' ALLEY QW i 0 00 O Wo spa O� Q � LOT 72 — LOT 7 ct bj �• ` ��'� N8725'44'E O Q 15 37.04" W Z LOT 5 I LOT J3 o i O (i a 0 2m1�ls � S87°25'44"W 498.61' �:j c o 2 SODTH LINE LOT 13, S870 25'44"W n BLOCY 7 61,23' O Y V G o z oa W Q P.O.B. V iz-5Cay O � Q 3 O I W c\ O I BROWARD COUNTY OFFICE OF TRANSPORTATION V o - RAVENSWOOD FACILITY W OIL A PORTION OF BLOCKS 1,2,7 & 8 "UNIT to NO.1 HIGHLAND PARK" PLAT ° V] P.B. 12, PG 12, B.C.R. AND ALSO RECORDED O i IN OUIT CLAIM DEED IN OR.B. 5646, PG 304, 6 C.R Q Q mry I J b N87°26'13"E 362.15' TIGERTAIL BLVD. m 0 z a HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION 1 UNIVERSITY DRIVE, SUITE 300 - PLANTATION, FLORIDA 33324-2038 Phone N (954) 577-4555 SURVEY PROJECT N0, SKETCH AND DESCFRIPTION 2008-051 PORTION OF BLOCK 7 UN/r NO. 1 HIGHLAND PARK" P.B. 12, PG 12, B.C.R. SHEET20F2 SECTION JJ-50-42 LEGEND = CENTERLINE BCR = BROWARD COUNTY RECORDS FAH - RIGHT-OF-WAY POE = POINT OF BEGINN/NG PSM = PROFESSIONAL SURVEYOR AND MAPPER PB = PLAT BOOK POC = POINT OF COMMENCING PG = PACE DESCRIPTION A 25 FT WIDE STRIP OF LAND BEING A PORTION OF LOTS 7, 12 & 73, BLOCK 7, TOGETHER WITH A PORTION OF THE ADJACENT 20 FT ALLEY AND A PORTION OF ADJACENT RIDGE AVENUE, AS SHOWN ON THE PLAT OF "UNIT NO. 1 HIGHLAND PARK" AS RECORDED IN PLAT BOOK 72, PAGE 72 OF THE PUBLIC RECORDS OF SROWARD COUNTY, FLORIDA, THE CENTERLINE OF SAID STRIP BEING MOPE PARTICULARLY DESCRIBED AS FOLLOWS. FROM A POINT OF COMMENCEMENT AT THE INTERSECTION OF THE EAST LINE OF SAID "UNIT NO. 1 HIGHLAND PARK" PLAT WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 13, BLOCK 7 OF SAID PLAT, THENCE SOUTH 87'25"44" WEST ALONG SAID EASTERLY EXTENSION FOR A DISTANCE OF 61.23' TO A POINT ON THE SOUTH LINE OF SAID LOT 73, BEING THE POINT OF BEGINNING OF SAID CENTERLINE,- THENCE NORTH 38'54"35" WEST FOR A DISTANCE OF 12.3.38' TO THE POINT OF TERMINATION OF SAID CENTERLINE- THE SIDELINES OF SAID STRIP TO BE 725 FT. ON EACH SIDE OF SAID CENTERLINE EACH SIDE TO BE EXTENDED OR SHORTENED AS NEEDED TO INTERSECT WITH THE SOUTH LINE OF SAID LOT 73, AND ITS EASTERLY EXTENSION. SAID LAND SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINIG 3,055 SO. FT (0.07 ACRES) MORE OR LESS. SURVEY NOTES THE "DESCRIPTION" SHOWN HEREON WAS PREPARED BY THE BROWARO COUNTY HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION SURVEY SECTION. 1) THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN ON THE EAST LINE OF "UNIT NO. 1 HIGHLAND PARK" PLAT AS RECORDED IN PLAT BOOK 72, PAGE 12 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, WHICH IS ASSUMED TO BE NORTH 06'43'43" EAST 2) SOURCES OF INFORMATION USED IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION ARE AS FOLLOWS. A) THE PLAT OF 'HIGHLAND PARK" AS RECORDED IN PLAT BOOK 12, PAGE 12 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. B) OUIT CLAIM DEED RECORDED hV OFFICIAL RECORDS BOOK 5646, PAGE 304, OF THE PUBLIC RECORDS OF BROWARO COUNTY, FLORIDA. C) BOUNDARY AND TOPO SURVEY FOR. OF "HIGHLAND PARK" P B. 72, PG. 72, B.C.R. BY BROWARD COUNTY HIGHWAY CONSTRUCTION & ENGINEERING DIVISION, SURVEY SECTION, PRO✓CECT #2001-074. D) BROWARD COUNTY HIGHWAY CONSTRUCTION AND ENGINEERING OUTFALL CONFLICT DRAWING FROM RAVEN'SWOOD BUS DEPOT DESIGN PLANS SEE SHEET 7 OF 2 FOR SKETCH OF DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF. CERTIFICATE THIS IS TO CERTIFY THAT THE SKETCH SHOWN HEREON AND THE ATTACHED DESCRIPTION ARE ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND DOES NOT REPRESENT A. FIELD SURVEY. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MIN UM TECHNICAL 'STAiZARDS SET FORTH UNDER RULE 61G17-6 FLORIDA ADMINISTRATIVE CODE PURSUANT TO CHApftR 472.02-7 0 1 STAUTES. RIAN A. HARRIS DATE NOT VALID WITHOUT THE SIGNATURE AND P.S.M. / 5771 STATE OF FLORIDI. _ ORIGINAL RAISED SEAL OF A FLORIDA LICENSED DATE OF SKETCH DRAWN BY CHECKED BY SURVEYOR AND MAPPER 03/10/08 LORNA BROWN BRIAN HARRIS HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION 1 UNIVERSITY DRIVE, SUITE 300 - PLANTATION, FLORIDA 33324-2038 Phone N (954) 577-4555