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Home My WebLink AboutR-2010-138 SFRTA Easement for Tri Rail RESOLUTION NO. 2010-138 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH THE SOUTH FLORIDA REGIONAL TRANSIT AUTHORITY (SFRTA) RELATING TO THE GRANTING OF NEW EASEMENTS AND THE ABANDONMENT OF AN EXISTING EASEMENT GENERALLY LOCATED AT 540 GULFSTREAM WAY, DANIA BEACH, FLORIDA, WHICH SERVES THE TRI-RAIL DANIA BEACH PARK-N-RIDE PARKING GARAGE FACILITY; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, due to the new construction of the SFRTA Tri-Rail Dania Beach Park-N- Ride Parking Garage in the City of Dania Beach, it is necessary to grant an unrestricted and perpetual non-exclusive easement for the water main supplying water service for the fire stand pipes and hose bibs within the proposed parking garage; and WHEREAS, it is also necessary to abandon an existing Florida Power and Light (FPL) easement and dedicate a new FPL easement serving the Tri-Rail Fort Lauderdale Airport Station located in the City; and WHEREAS, an agreement between the South Florida Regional Transit Authority (SFRTA) and the City of Dania Beach relating to the dedication and abandonment of Utility Easements is attached as Exhibit"A", and it is made a part of this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission approves and grants the abandonment and dedication of Easements to the SFRTA located within a portion of the property located at 540 Gulfstream Way (a copy of the Agreement and the Easements are attached as Exhibit "A" to this Resolution). 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 August 24, 2010. C. K. Mc LYE YOR-COMMISSIONER ATTEST: Flgsrc,�y LOUISE STILSON, CMC CITY CLERK fill APPROVED AS TQ FORM AND CORRECTNESS: THOMA J. A SBR CITY ATTO Y 2 RESOLUTION#2010-138 WWED PROJECT NO.: 2342 BUDGET NO.: Document prepared by: Thomas Ansbro, Esquire City Attorney for the City of Dania Beach, Florida 100 West Dania Beach Blvd. Dania Beach,Florida 33004 Parcel Identification No.: 504233080200 EASEMENT THIS AGREEMENT made on i , 2010, between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (the "GRANTOR")whose address is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and BROWARD COUNTY, a political subdivision of the State of Florida (the "GRANTEE"), whose address is 2555 West Copans Road, Pompano Beach, Florida 33069. # WITNESSETH WHEREAS, GRANTOR, the owner of property situated in Broward County, Florida and described as follows: SEE EXHIBIT"A" WHEREAS, GRANTEE desires an unrestricted and perpetual non-exclusive easement for water mains and/or sanitary sewer gravity mains and/or sewage force mains and/or reclaimed water mains and for any other water and sewer installations which might be required for the purpose of providing water supply service for domestic or other use and for the collection of domestic or other kinds of sewage and/or wastewater to and from properties inclusive of GRANTOR'S property which may or may not abut and being contiguous to the easement; and WHEREAS,GRANTOR is willing to grant such an easement,and NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar (receipt acknowledged by GRANTOR) and other good and valuable considerations, GRANTOR does grant unto GRANTEE, its successors and assigns, through its (GRANTEE'S) employees, agents, contractors, or other designated persons, full and free right and authority to construct, maintain, repair, install, and rebuild water and/or sanitary sewerage facilities within the property described above or more specifically described in Exhibit `B" attached to this Easement and made a part of it and GRANTOR grants to GRANTEE a perpetual non-exclusive easement in, over, under,through, upon and/or across the above described lands for the purpose of providing water supply service for domestic or otherwise and for the collection of domestic or other kinds of sewage and/or wastewater to and from properties or lands inclusive of GRANTOR'S property or land which abuts and being contiguous to the easement described and so granted in this Easement, also for GRANTEE to provide water and sewer services to properties which may not be contiguous to the said easement described in this Easement. GRANTEE has approved the existing and proposed above ground structures, asphalt, paving, landscaping, walls, fences, underground piping, underground structures, duct banks, transformers, poles, retention areas, pavers, electric, cable, and other utility facilities within the easement area described in this easement to the extent said improvements are shown on the plans and drawings presented to and approved by GRANTEE. Except as permitted above, GRANTOR agrees that no obstructions that would preclude maintenance or improvement of GRANTEE'S facilities may be placed in the easement area by GRANTOR or any other easement holder without GRANTEE'S consent. In the exercise of its rights in this Easement, GRANTEE shall, at its sole cost and expense, restore the surface of the easement area to the same condition which existed prior to the commencement of any such access, maintenance or repair. IN WITNESS WHEREOF, GRANTOR has caused its corporate name to be signed and its corporate seal affixed, by its proper officers hereunto duly authorized,on Al16-. a 7 , 2010. Witnesses: (if Partnership) CITY OF DANIA BEACH, FLORIDA a Florida cip corporation ZS�Vttup obe dwin t.J�- Lo'l�ri��' t/ PRINT Name: Robert Baldwin PRINT N e Title: City Manager 100 West Dania Beach Blvd. IS 1:1 Dania Beach, Florida 33004 Signature ��,o — c�� ,!`N,�d� �r `�✓�Z ate: 12010 PRINT Name ATTEST: PROVED A TO F704 O CC ESS. Airiam Nasser Thomas . s o Deputy City Clerk City A orney (CORPORATE SEAL) ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF BROWARD THE FOREGOING instrument was acknowledged before me on , 2010, by Robert Baldwin and Miriam Nasser, as the City Manager and Deputy City Cleg, respectively, of the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation, on behalf of the corporation, and they are personally known to me or have produced and respectively, as identification. N T Y LIC My Commission Expires: PRINT 1 ame of Notary �s MARY JUA1N L100 mnrookfdm"#� . ruw.forr.i�w..a. to (3� i ;GRIFFINOAD GRIFFIN ROAD j i I } WATER EASEMENT 4 Q w > 4 C (n i!3 Q: LL?- I < c,S3 U l LOCATION SKETCH NOT TO SCALE A PORTION OF THE N.W. 1/4 OF SECTION 33. TOWNSHIP 50 SOUTH, RANGE 42 EAST LEGAL DESCRIPTIONS I Commence at the Northwest Corner the Northwest 4 of Section 33, Township 50 South, Range 42 East of the Public Records of Broward County, Florida that is the intersection of the centerlines of Griffin Road and Anglers Avenue; thence run along the centerline of Griffin Road j that is the north line of said Northwest %4 of Section 33, Township 50 South, Range 42 East of the Public Records of Broward County, Florida, with a bearing of N 872621" E a distance of 621.47 feet to a point; thence run with a bearing of S 0233'39" E a distance of 350.96 feet to a point on the East Righ—of—Way line of Gulfstream Way, this is the POINT OF BEGINNING; thence with a bearing of S 89'05'29" E a distance of 43.53 feet to a point; thence with a bearing of N 46 40'34" E a distance of 5.81 feet to a point; thence with a bearing of N 1229'04" E a distance of 14.26 feet to a point; thence with a bearing of N 06'4742" E a- distance of 5.46 feet to the point; thence with a bearing of N 05 40'36" E a distance of 11.26 feet to a point; thence with a bearing of S 847924" E a distance of 20.00 feet to a point; thence with a bearing of S 05 40'36" W a distance of 11.46 feet to a point; thence with o bearing of S 06'4742" W a distance of 6.65 feet to a point, thence with a bearing of S 1229'04" W a distance of 21.41 feet to a point, thence with a bearing of S 46 40'34" W a distance of 20.09 feet to a point, thence with a bearing of N 89'05'29" W a distance of 51.48 feet to a point on the East Righ—of—Way line of Gulfstream Way, thence run along said East Righ—of Way line of Gulfstream Way, with a bearing of N 0023'16" E a distance of 20.00 feet to a POINT OF BEGINNING, containing an area of 1,914 square feet, more or less, j 1. THiS IS NOT A SURVEY 2. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED OF N87'2621"E MERID14N ALONG THE CENTERLINE OF GRIFFIN ROAD. I RENIGNO J.SUAREZ °qA'""°n°" s► T t.A,Vv sv><zv>�Yon MAPPER DANIA BEACH PARK N RIDE �- IN"°S oAm oe/o,/»lo p"ft J319 PATH,lkbenysuawSmsiLc5 SKETCH OF EASEMENT PH:(30�!°T-1�19 EMH:OMytu"t2$e°fntolA, re YAPfG RAb y.S°5°3 ° 2 gory SiA1F OP R A JO°Na:401°-4 i i I EXHIBIT "A" A PORTION OF THE N.W. 1/4 OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST POINT OF COMMENCEMENT N.W. CORNER OF THE N.W. 1/4 OF SECTION 33-50-42 GRIFFIN ROAD N 87'26'21" E 621.4T NORTH LINE OF � ~ THE N.W. 1/4 OF �. WEST LINE OF SECTION 33-50--42 THE N.W. 1/4 OF rn SECTION 33-50-42 ci I 1 301 E 31' w EAST R/W LINE OF J/ GULFSTREAM WAY c� N0540'36"E LEGEND z rn N08'47'7'42"E 2804'1 f 24"E .00 P/L Property Line �, z �� N12'29'04"E ? � S05'40'36"W R/W Right-of-Way Line ��33]] 613 14.26 " �'I 11.46' P.B. Plot Book I fZ'i a.m �N46 40 34 E 5.81' S06.47'42"W O.R.B. Official Record Book COO S8W05'29"E 1 6.65' PG. Poge CL Centerline J �$t1,aT _ / 21�'2g04 W 6r�' f`�cQilj� I z N89'05'29"W 51.48' 31' 31' WATER EASEMENT a a NOTES 1. THIS IS NOT A SURVEY. 2. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED OF N8726'21"E MERIDIAN ALONG TH CENTERLINE OF GRIFFIN ROAD. BENIGNO J.SUAREZ Comm or MA SHEET LAND SURVEYOR&i1Uf,1►PEit DANIA BEACH PARK N RIDE p"� aaaro OR a& /1T6M.16fidPATM AOM%FLONDA"I" SKETCH 4E EASEMENT maw sc".11 2 -w PH.jjv5) -8J19 Ema1Lbmywmtzjm&a.com ♦uMMl1►, u 1t sw w:xoro.z m Or 2 s is sum a rt s .aa �