HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-154Temp. Reso. # 10763
July 8, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005- L-5 `T
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A "TAMARAC WATER UTILITY EASEMENT' WITH
AB1 CORP., FOR THE B-PLAZA PROJECT, LOCATED AT
8050 N. UNIVERSITY DRIVE, TO ALLOW LEGAL ACCESS
BY CITY UTILITY PERSONNEL FOR INSTALLING,
MAINTAINING, AND OPERATING THE WATER
DISTRIBUTION SYSTEM IMPROVEMENTS; 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 City Commission has approved the Site Plan for the B-Plaza
Project, located at 8050 N. University Drive (attached hereto in map form as "Exhibit 1 ");
and
WHEREAS, the B-Plaza Project requires the installation of Water Distribution
System Improvements; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution System Improvements necessary to serve the B-Plaza Project; and
WHEREAS, AB1 Corp. has offered a "Tamarac Water Utility Easement" for the
Water Distribution System Improvements associated with the B-Plaza Project; and
u
Temp. Reso. # 10763
July 8, 2005
Page 2
WHEREAS, it is the recommendation of the Director of Public Works and the
Director of Utilities that this easement be accepted and executed for the B-Plaza Project;
and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept and execute
a "Tamarac Water Utility Easement" with A131 Corp. for the B-Plaza Project, required for
installing, maintaining and operating the Water Distribution System Improvements.
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.
SECTION 2: The appropriate City Officials are hereby authorized to accept
and execute a "Tamarac Water Utility Easement" (attached hereto as "Exhibit 2") with A131
Corp. for the B-Plaza Project, located at 8050 N. University Drive, to allow legal access by
City Utility Personnel in performing their duties, including utility installation, maintenance
and operation.
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.
L'
1
1
1
Temp. Reso. # 10763
July 8, 2005
Page 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 park 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 its
passage and adoption.
PASSED, ADOPTED AND APPROVED thisday of "C , 2005.
ATTEST:
MARION"SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
, - L & L"') -
M EL S. GOREN
INTERIM CITY ATTORNEY
JEDlejw
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: COMM. PORTNER _
DIST 2: WM TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
Temp Reso No. 10763
CITY OF TAMARAC QScale: NT.S
PUBLIC TOMM DEPARTIo;NT
INGDUMUNG DVMON SHEET 1 OF 1
WATER UTILITY EASEMENT
TR# 10763
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TAMARAC
ELEM 6 F
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SITE LOCATION
171 S
w` o.a "•---� °'"""`D`" °d"°""" `" B- PLAZA OFFICE BUILDING
Bw a&L D".. o7povu
EXHIBIT
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
OF avow xm E oaa'xnr, vE SEC. 3, TWP. 49, RGE. 41
#L a 5w
Exhibit 2
TR#10763
TAMARAC WATER UTILITY EASEMENT
FOR: R — PLAZA
NAME OF PROJECT
On this day of , 20_, that
A cc)
�L2 Sa � Uh'�kAZ II Y i T xc F L. 3332,. I
having an address of
hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a
municipal corporation of the State of Florida, having an address at 7525 Northwest 88tn
Avenue, Tamarac, Florida, 33321, .(hereinafter "Grantee"), subject to the following
provisions and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable considerations paid by Grantee to Grantor, receipt of which is hereby
acknowledged by both parties.
Grantor is the fee simple owner of that parcel of real property, a legal description
and sketch of which is attached hereto as Exhibit "A", and incorporated by reference
herein, (hereinafter "the servient estate").
Grantor hereby grants, bargains and sells to Grantee, its successors and
assigns, a perpetual easement under, over and upon a portion of the servient estate, a
legal description of which is attached hereto as Exhibit "B" and incorporated by
reference herein, (hereinafter "the easement area").
Grantee may use the easement area for laying, installing, maintaining, operating
and altering of water lines and appurtenant facilities, sewer lines and appurtenant
facilities as well as for surface water storm drainage, and for other comparable public
utility purposes.
Grantee's right to utilize the easement area shall be exclusive to the extent that
Grantor shall grant no easement or license, nor make any covenants, having the effect
of permitting use of the easement area by one other than Grantee, except grantor may
furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised
cable TV that crosses this easement at right angles.
000615 1 Water and Sewer Utility Easement
Exhibit 2
TR#10763
Grantor may, for its own purposes, utilize the easement area and shall retain a
right of free ingress and egress under, over and upon the easement area; provided that,
in no event, shall any of the rights herein reserved to Grantor impede the easement
herein granted or the exercise of the rights of use thereunder.
Grantee shall have the right to remove any natural or man-made obstructions
placed on the easement, which impede the easement herein granted, or the exercise of
the rights thereunder.
Grantor shall hold Grantee harmless from and against all claims, liability and
expense arising from the aforesaid removal of obstructions, including the expense of
removing, relocating, restoring and replacing same.
Grantor grants to the Grantee, a perpetual non-exclusive easement upon the
servient estate whereby Grantee shall have reasonable access necessary to fully
exercise Grantee's rights within the easement area.
The provisions of the easement shall be binding on the parties hereto and their
respective successors and assigns as a covenant running with and binding upon the
servient estate.
This easement shall not be released or amended without consent of the Grantee
as evidenced by a document signed with the same formalities as this document.
Grantee shall record this document in the Public Records of Broward County,
Florida.
This instrument contains the entire agreement between the parties relating to the
rights granted and the 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 therewith.
000615 2 Water and Sewer Utility Easement
TR#10763
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST: ,
Ao-
Type Name —L!Oske
Corporate Secretary
lft n4t
(Corporate Seal) �
STATE OF FLORIDA
SS
COUNTY OFk"A4:
GRANTOR AB1 corp.
By: L)
Type Name Ayv, yio v, (W
President
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aid to take acknowledgments, personally
=Al -
appeared o to me known to a the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that executed the same.
WITNESS my hand and ofFicial seal this ,day of
2CX) . ,
��.•`►rn�'•, Lisa E. Reiser
9MCommission # DD234524
Expires Aug. 14, 2007
f Banded Thru
Atlantic Bonding Co„ Inc,
( ) Personally known to me, or
(.k)Produced Identification
NOTARY PfJBLIC, State of or da
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, orkDID NOT take an oath.
980605 3 Water and Sewer Utility Easement
TR#1 D763
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
Marion Fwenson, tMC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRA TEE
By -
Jog., - i
hreiber
Mai or
Date: 6cQ&(y)bc( ;?- 1 O us
Jeffrey L. Mdler
City Manager
Approved to form:
By:
Samue ren
Interim City Attorney
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
C �erto me known to be the person(s) described in and
who executed the foregoind instrument and �i4 acknowledged before me and
under oath that theu
J executed the same. ..11
SS
WITNESS my hand and official seal this day of 6Cakmb cC ,
20L_5.
(✓) Personally known to me, or
( ) Produced identification
—M - d NOT RY P . IC, State of Florida
at Large
Marion 5erphos
My Commission D0260279
6d;
,Emma Qctober 24. 2007
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
DID take an oath, or (✓) DID NOT take an oath
980605 4 Water and Sewer Utility Easement
Exhibit 2
TR#10763
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I, hohoh &+u �-
do hereby affirm that I am the
of and that I have executed a Tamarac
Utilities Water and Sewer Easement with the City of Tamarac for J3 - PLAZA
project and that I am the owner of the property covered by said
Tamarac Utilities Water and Sewer Easement.
There are no mortgages held on the property, which is the subject of said
Tamarac Utilities Water and Sewer Easement.
1
FURTHER AFFIANT %YE7NOT.
. �
(Signs )
This ,day of
STATE OF FLORIDA
COUNTY OF 6kt`0aV4:: SS
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State afore aid and in the County aforesaid to take acknowledgments, personally
appeared , to me known to the person(s)
described in and who executed the foregoing instrument and -acknowledged
before me and under oath that __ he- executed the same.
WITNESS my hand and official seal this 02day of
20,Q�.
��pi� r a •,,� Lisa E. ' X�v
, Reiser
_Commission # DD234524
O� endeAug. 14, 2007
'••P;,r �
4rLutic Sanding Co.,1nc,
( ) Personally known to me, or
� Produced Identification
NOTARY PUBLIC, State of Flo ' a
at Large
b'bc Gt�.
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
< < D , r� 3s0 - W S --- 1:1 -=r -(AS -0
Type of I.D. Produced
( ) DID take an oath, orA-)"DID NOT take an oath.
980605 5 Water and Sewer Utility Easement
EXHIBIT "A"
LEGAL DESCRIPTION: LOT 8, LESS THE WEST 40 FEET THREOF, AND LOT 9 LESS THE
WEST 40 FEET, BLOCK 11, LYONS COMMERCIAL SUBDIVISION NO. 3 , ACCORDING TO THE
PLAT BOOK THREOF, AS RECORDED IN THE PLAT BOOK 76, PAGE 31, PUBLIC RECORD OF
BROWARD COUNTY, FLORDIA.
Exhibit B
TR#10763
V BA TTA GLIA LAND SUR VEYORS, INC
,r 1692 NW MADRID WAY, BOCA RATON, FL. 33432
OFFICE (561) 750-8108 FAX (561) 750-8110
DESCRIPTION:
WATER EASEMENT
Three parcels of land lying within Lots 8 & 9, Block 11, of "LYONS COMMERICIAL
SUBDIVIONS NO. 3" as recorded in Plat Book 76, Page 31, Broward County, Florida, which
are more particularly described as follows:
COMMENCING at the Northwest Corner of said Lot 8, Block 11, of "LYONS
COMMERICIAL SUBDIVIONS NO. 3" as recorded in Plat Book 76, Page 31, Broward County
records, run along the north line of said Lot 8, North 89°47'44" East, for a distance of 40.00 feet;
thence South 0092' 16" West, for a distance of 61.00 feet to the POINT OF BEGINNING 1;
thence run South 00° 12' 16" West, for a distance of 26.00 feet to the POINT OF BEGINNING 2;
thence run South 0092' 16" West, for a distance of 24.00 feet to the POINT OF BEGINNING 3.
Thence from said POINT OF BEGINNING 1, run along the centerline of said first parcel, being
15.00 feet in width, North 89°47'44" East, for a distance of 23.50 feet to the end of said
centerline.
TOGETHER WITH:
Thence from said POINT OF BEGINNING 2, run along the centerline of said second parcel,
being 15.00 feet in width, North 89°47'44" East, for a distance of 25.00 feet to the end of said
centerline.
TOGETHER WITH:
Thence from said POINT OF BEGINNING 3, run along the boundary of said third parcel North
89°47'44" East, for a distance of 25.00 feet; thence South 009 2'16" East, for a distance of 15.00
feet; thence South 89°47'44" West, for a distance of 15.37 feet; thence South 0092'16" East, for
a distance of 22.50 feet; thence South 89°47'44" West, for a distance of 29.29 feet; thence North
0092' 16" West, for a distance of 5.00 feet; thence South 89°47'44" West, for a distance of 8.50
feet; thence North 00° 12' 16"West, for a distance of 32.50 feet to the POINT OF BEGINNING 3.
Subject to restrictions, reservations, easements, and/or rights -of -way record.
Said lands situated in Broward County, Florida.
Certificate:
I HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH WAS
PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE
MINIMUM TECHNICAL STANDARDS AS SET FOURTH BY THE FLORIDA
BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN
CHAPTER 61G17-6, FLORIDA STATUTES, AND THAT IT IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
ROE . BATTAGLIA, P.L.S.
REG. LAND SURVEYOR #5161
Sheet 1 of 2
Job No. 104-001
Date: July 21, 2004
9W
'
ELEMEWARY
SCN004
OF LEGAL DESCRIPTION
-�-
SPRN s—
,SKETCH
(SHEET 2 QF 2)
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SI ADDRESS.
H
600
a
11--
8050 N. UNIVERSITY DR
ffWNG
�� ,-
5
TAMARAC, FLORIDA
WR c300
�
NW CORNER
LOT 8, BLOCK 11
506(
co t;
60.0 40_ Q LOCATION MAP
- � r _ _ - _ NOTE (NOT TO SCALE)
N89047' 4 1 THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN
FIg, 'v HEREIN. THERE HAS BEEN NO MONUMENTS SET IN
I I low"'f P.O.B. CONNECTION WITH THE PREPARATION ON THE
} m W INFORMATION SHOWN HEREON.
Q m N89'47'44"E
j a 23.50'
1 1 o of c I CENTERLINE OF PROPOSED
' Ir- 115' WATER EASEMENT
I lb LOT 8
do BLOCK 11
ram, z J N89'47'44"E
W� o �— 2500'
m P.O.B.2 CENTERLINE OF PROPOSED
wI
a W I —. � 15' WATER EASEMENT
N89'47'44"E
53.17'
BOUNDARY OF PROPOSED
-- WATER EASEMENT
P.O.B. 3 LOT 9
W i i0 4— — — — — i , SOO-12-16"E BLOCK 11
%15.00'
~ S89 47'44"W �/
�•� z W I I �` M N00'12'16"W r� PB = PLAT BOOK
_ $ 5.00, S89'47'44"W PG = PAGE
z 15.37' POB= POINT OF BEGINNING
< I 500"12'16"E POC= POINT OF COMMENCEMENT
22.50'
vi 7S8GI-41-44-W I SURVEYORS' CERTIFICATION:
I ' 29.29' 1 HEREBY CERTIFY THAT THIS SKETCH OF LEGAL DESCRIPTION WAS
y I PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM
8b_0' INGRESS do EGRESS EASEMENTTECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL LAND SURVEYORS AND MAPfEg IN CHAPTER 61GI7-6,
SURVEYOR'S NOTES
THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF
THE DESCRIPTION SHOWN HEREIN. THERE HAS BEEN NO MONUMENTS
SET IN CONNECTION WITH THE PREPARATION ON THE INFORMATION
SHOWN HEREON.
THIS SKETCH OF LEGAL DESCRIPTION CORRECTLY REPRESENTS THE
FACTS FOUND AT THE TIME OF ITS CREATION.
THIS SKETCH DOES NOT PURPORT TO IDENTIFY ENCROACHMENTS,
FOUNDATIONS, UTILITIES, STRUCTURES OR OTHER IMPROVEMENTS
BELOW GRADE, IF ANY, EXCEPT WHERE SPECIFICALLY NOTED HEREON.
ALL BEARINGS, ANGLES, AND AZIMUTHS SHOWN HEREON ARE BASED ON
RECORD PLAT OR DEED CALLS UNLESS OTHERWISE NOTED.
FLORIDA STATUTES, AND THAT IT IS T CORRECT TO THE BEST
OF MY/KKNOWLEDGE'A)ID BELIEF.
ROBERT G. BATTAGLIA, P.L.S.
REG. LAND SURVEYOR LB *5161
BATTAGLIA LAND SURVEYORS, INC.
2151 NW 2ND AVENUE, SUITE #101, BOCA RAYON, FL 33432
OFFICE (561) 750-8108 FAX (561) 750-8110
If, -.Vol
07/ZI�4
J.J.L
RG.B.
I PROPOSED WATER EASEMENT FOR I
"B" PLAZA OFFICE BUILDING
J
THIS SKETCH IS NOT VALID UNLESS SIGNED AND SEALED WITH THE
SURVEY FOR:
DR49VWNLWDSI[
GSD CONTRACTING, INC 1 104-001