HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-174Temp. Reso. # 10794
August 24, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005--o H
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A "TAMARAC WATER AND SEWER UTILITY
EASEMENT" WITH PRESTIGE HOMES OF TAMARAC, INC.,
FOR THE UNIVERSITY LANDINGS PROJECT, LOCATED AT
NW 64T" STREET & UNIVERSITY DRIVE, TO ALLOW
LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR
INSTALLING, MAINTAINING, AND OPERATING THE WATER
DISTRIBUTION AND SEWAGE COLLECTION 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 University
Landings Project, located at NW 64t" Street & University Drive (attached hereto in map
form as "Exhibit 1 "); and
WHEREAS, the University Landings Project requires the installation of Water
Distribution and Sewage Collection System Improvements; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution and Sewage Collection System Improvements necessary to serve the
University Landings Project; and
1
Temp. Reso. # 10794
August 24, 2005
Page 2
WHEREAS, Prestige Homes of Tamarac, Inc., has offered a "Tamarac Water and
Sewer Utility Easement" for the Water Distribution and Sewage Collection System
Improvements associated with the University Landings Project; and
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 University
Landings 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 and Sewer Utility Easement" with Prestige Homes of Tamarac, Inc., for
the University Landings Project, required for installing, maintaining and operating the Water
Distribution and Sewage Collection 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 and Sewer Utility Easement" (attached hereto as "Exhibit
2") with Prestige Homes of Tamarac, Inc., for the University Landings Project, located at
NW 64th Street & 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.
1
Temp. Reso. # 10794
August 24, 2005
Page 3
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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 part 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 this-41�-day of ,SPI ( ,
2005.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
JED/EJW
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Aip
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
A
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,—,vx„ ,ft UNIVERSITY LANDINGS
am"" AV ,,ft 4 EXHIBIT 9
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
AM L oMM. P.L SEC. 10, TWP. 49, RGE. 41
Exhibit 2 TR#10794
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR: University Landings
NAME OF PROJECT
On this day of 2005, that Prestige Homes of Tamarac, Inc.
having an address of 11784 West Sample Road, Coral Springs, FL 33065
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 88 th 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
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
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
By. ?
Type Name ice.
President
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF -t rouUxrJ—
GRANTOR Prestige Homes of
Tamarac, Inc.
By:
Type Name Robert Conner, Vice
President
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 ':as e6a Conner to me knownto be the person(s)
described in and who executed the foregoing instrument and he- acknowledged
before me and under oath that- h-r- executed the same.
WITNESS my hand and official seal this day of ,
200S
Kim I Loss
`FpYP
'�P Commission #DD338964
Expires: Aug 02, 2008
,vi ... •�,: Bonded
OF M1 , Atlantic Bonding Co., Inc.
(✓) Personally known to me, or
( ) Produced Identification
NOTA Y PUBLIC tate of Florida
at Lar e
(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 3 Water and Sewer Utility Easement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
- ATTEST:
B lqk4
Marion Swenson, CIVIC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe reiber
May
D te: I J4 105 ._
Jeffrey L. Wilter
City Manager
Date: G 114f n
Approve s to form:
By•
amuel doren
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
to me known to be the person(s) described in and
SS
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 _ �nLm
20jo-�. i
( vPersonally known to me, or
( ) Produced identification
NOT RY PUBLIC, Statb of Florida
at Large Motion 5erphos
My cornmission DD260279
p Fps October 24, 2007
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( �ID NOT take an oath
980605 `± Water and Sewer Utility Easement
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
M
Type Name/
Corporate Secretary
SS
COUNTY OF QW .
MORTGAGEE - WA_140,,113, (3AA"K� Al,
By, Z%zeze. A��nni,
Type Name &OCC- l*,f11- 71PIJ
President vtc f'�cs/OWN'
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State ore§aid and�tthh�4uCcunty-)aforesaid to take acknowledgments, personally
appeared B�,Ua to me knowq to be the person(s)
described in and who executed t e foregoing instrument andacknowledged
before me and under oath that nQ,, execut��ed�� e same.
WITNESS my hand and official seal this !$A day of -u•S� ,
20j2C.
Irma 5hkoln&
CommiWon * DD080029
a �ires DeC 20. 21)a5
Bonded
Bonding 7bm
Co.hm
(V ) Personally known to me, or
( ) Produced Identification
980605
-? Ir.
NOTARY PUBL&-y-$ lte a9i>ralc finik
at Large ; r
Expcommissian nnasoozs
Io a ires Dec. 20, 2005
�9IF,n , Bonded 1'hr41
'�irP����``` Atlantic Bonding Co., Inc.
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
5 Water and Sewer Utility Easement
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Exhibit B
TR#10794
SKETCHAND DESCRIPTION
LEGAL DESCRIPRON:
A portion of Parcel "A, BRUCE PLAT according to the Plot thereof as recorded in Plot Book IJ5, Page 11, of the
Public Records of Broward County, Florida; described as follows:
Commencing at the Southwest corner of said Parcel ';4 *,� thence North 01*2626" West, a distance of J86.J,5 feet to
the Point of Beginning;
thence North 0 1'262J " West,
a distance of 21.22 feet; thence South 462629 "East, a
distance of J0. 98 feet;
thence North 0 7 *2757 " West,
a distance of 70.91 feet; thence North 88J227" East, a
distance of 15,00 feet;
thence South 01'2756" East,
a distance of 10. 1J feet; thence North 88JJ*25" East, a
distance of 29, IG feet;
thence North 4X1 9105 " East,
a distance of 26-71 feet; thence North 88JJ'50" East, a
distance of 10-30 feet;
thence North 0 1'2625 " West,
a distance of 378.04 feet; thence North 88'JJ'32" East, G
distance of 15.55 feet;
thence North 01*20 , 44 " West,
a distance of 66.18 feet; thence North 89'33 , 39' East, a
distance of 15.00 feet;
thence South 01'20'44" EGSt,
G distance of 65,92 feet; thence North 88'17'37" East, a
distance of 27317 feet;
thence South 01'2625" East,
a distance of 720.68 feet; thence South 68'JXJ7" West, G
distance of 72.50 feet;
thence South 01'2624" Ecst,
a distance of 5738 feet; thence South 89'32'26" West, G
distance of 290- 60 feet;
thence North 0 1'2624" West,
a distance of 327.36 feet,, thence North 88'33'41 " East, a
distance of 12,59 feet;
thence North 07*26'14" West,
a distance of 5757 feet; thence South 88*JXJ5" West, a
distance of 57.35 feet;
thence South 4X79'05" West,
a distance of 26. 11 feet; thence South 88'JJ'26" West, a
distance of 57J5 feet;
thence North 46'26'37" West,
a distance of 21.06 feet to the Point of Beginning -
Less and except there from the following:
Commencing at the Southwest corner of said Parcel thence North 89*JJ'J6" East, a distance of lJ4.78 feet;
thence North 00'2624" West, a distance of J1.99 feet to the Point of Beginning; thence continue North 01726'16'
West, a distance of 40.7j feet; thence North 86'jj'05" East, a distance of 11.47 feet; thence North 01'2626" West,
a distance of 260.67 feet; thence South 88*JJ24" West, a distance of 11.51 feet; thence North 01720'44" West, a
distance of 57.J5 feet; thence North 887.3X40" Eost, distance of 11.51 feet; North 01'26:25" West, a distance of
230-43 feet; thence South 8673J'35" West, a distance of 11.50 feet; thence North 01'26'15" West, a distance of
122.55 feet. North 88'JJ'J2" Cost, a distance of 2J5.57 feet; thence South 01*2624" Cost, a distance 22.96 feet;
thence South 88*JJ , 22" West, a distance of 12-50 feet; thence South 0126�Z5" East, a distance of 655. 10 teet,-
thence South 86'JJ'25" West, a distance of 6,J1 feet; thence South 01'27J7" East, a distance of 12.56 feet; thence
North 88'JX2J" East, c distance of 1881 feet; thence South 01'26'20" Ecst, a distance of 25,J7 feet; thence South
89'J2'25" West, a distance of 2J5.58 feet to the Point of Beginning.
Said lands situote �ving and being in Broword Countv, Florida containing 82,385 square feet more or less.
KinTFq-
1) THIS IS NOT A SURVEY
2) Bearings shown hereon are based on the Plot of BRUCE PLAT (P.B. 135, PG. 11, B.C.R.)
3) This Sketch and Description consists of two sheets and is not complete without both sheets,
4) This Sketch and Description is not valid without the signature and original raised seal of a
Florida Licensed Surveyor and Mapper.
5) The undersigned and David & Gerchar, Inc., make no representations or guarantees as to
the information reflected hereon pertaining to easements, right—of—way, setback lines,
agreements and other matters, and further, this instrument is not intended to reflect or
set forth all such matters. Such information should be obtained and confirmed by others
through appropriate title verification. Lands shown hereon were not abstracted for
right—of—way and/or easements of record.
REVISIONS
J. DAVID FOR TiTE FIRM
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 5821
DAVID & GERCHAR, INC. 1-8#69-35
DATE I BY I CKD I FB/PG
SHEET I OF 2
A PARCEL OF LAND L YING
WITH-INPARCEL B
PARKLAND GOLFAND
CO IJNTR Y CE UB
(P. B. 172, PGS. 81- 86, B.C. R.)
SCALE: JOB NO:
I"= 120' 01-141CLUBHOUSE-LEGAL2
FB/PG: CAD, FILE:
N/A C:\WCI\G0LF\MUE1 HOUSE
DRAWN BY: DATE:
T.D, 8/11/05
CKD- BY: ROJ. FILE:
D.M,G. t COLFCLUB
AVID &
JERCHAR, INC.
SURVEYORS AND MAPPERS
10750 Wiles Road
Coral Springs, Florida 33076
(954) 340-4025 - Fax: (954) 255-0735
1� --
.._te - ri
,SKETCHAND DESCRIPTION
LEGEND
P.O.C. POINT OF COMMENCEMENT
P.O. B. POINT OF BEGINNING
P. B. PLAT BOOK
PC PA CC
O.R.B. OFFICAL RECORD BOOK
U.E. UTILITY EASEMENT
B.C.R. BROWARD COUNTY RECORDS
-r--r--r- NON -VEHICULAR ACCESS LINE
75.
N 89'33 39 E
66.18' 65.97'
120'44-
0 W 5 0120'44" E
15.55'
N B"3332" E N 88'1737" E 273. 17'
235.57' W
N 88'33 32'"
20.00' 12.50' Al
5 8B3322 W N
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21.22'h ^ N 88'33'40" E 57 35'
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71.OB' S nNN
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N 00'26 24 " W S 8932 6 W 290.60
N 89'3336" E
P.0-C. 134.78' South line of
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Southwest corner of Pcrce1 A"
Porcel A-
SHEET 2 OF 2
REVISIONS
_DATE
BY
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SCALE:
JOB NO:
A PORTIDNQF
1"= 120
AVID &
_
04-287 LEGAL -A
IF;
FB/PG:
CAD. FILE:
PARCEL 'Alf
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N/A
\PRESTIGE\UNIVERSITY LAND
ERCHAR, INC.
BRUCEPLAT
__R
DRAWN BY:
DATE:
AND MAPPERS
(P.-R. 135 PG. 11 B, C.
J
T.D.URVEYORS
•�•
8/11 /05
10750 Wiles Road
CKD.
PROJ. FILE:
BY:
Coral Springs, Florida 33076
D.M.G.
04-287
(954) 340-4025 • Fax: (954) 255-0735