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Home My WebLink AboutCity of Tamarac Resolution R-2005-178Temp. Reso. #10800 August 30, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005- t_ 1, ri5 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 NB TAMARAC COMMERCE CENTER, L.L.C., FOR THE SUN -SENTINEL PROJECT, LOCATED AT 6501 NOB HILL ROAD, 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 Sun -Sentinel Project, located at 6501 Nob Hill Road (attached hereto in map form as "Exhibit 1 "); and WHEREAS, the Sun -Sentinel 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 Sun - Sentinel Project; and WHEREAS, NB Tamarac Commerce Center, L.L.C., has offered a "Tamarac Water and Sewer Utility Easement" for the Water Distribution and Sewage Collection System Temp. Reso. #10800 August 30, 2005 Page 2 Improvements associated with the Sun -Sentinel 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 Sun -Sentinel 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 NB Tamarac Commerce Center, L.L.C., for the Sun -Sentinel 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 NB Tamarac Commerce, L.L.C., for the Sun -Sentinel Project, located at 6501 Nob Hill Road, 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 1 1 1 1 Temp. Reso. #10800 August 30, 2005 Page 3 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 a.� day of , 2005. ATTEST: ARION SWEI SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. C._ A U E L S. GOREN INTERIM CITY ATTORNEY JED/EJW JOE SCHREIBER MAYOR RECORD OF COMMISSION VOT MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS f CITY OF TAMARAC PUBLIC RORKS DEPARTNISNT ENGINEERING DIVISION Job No.10800 ar Scale: N.7:s SHEET 1 OF 1 WATER & SEWER UTILITY EASEMENT TR# 10800 7d a 7 CT a ST 7 3 � WE TW D 3 MCNAB R❑AD 70 ST 0 ST TEE PLAT MCNAB BUSINESS PARK TAMARAC g ao ] 0 ¢ �S °%� TAM AC MARKET 68 FL TAMARAC GAR NS PLACE GARDENS WEST E T a ZEPHYRI lILLS 67 CT ARCH ALUMINUM II MSK AURAFIN WESTW❑❑D 2 7 ST 67 67 ST y y AV 3 8 SUN BELT ARCH CARL & a + 66 ] 66 CT PRECISI❑N ALUMINUM ASSOCIATES 13 y y St a e! W W 65 PV n 66 ST 96 AV 2 y g CULL GAN SUN- Gq w v D WOOD 1 (SPYGLAS SENTINEL W 65 CT 94 TERR TAMARAC BUSINESS PARK T❑SHIBA W j W r W THE VILLAGE g W a� \\\ % W W W W W .Y LAND SITE LQCATIO VW C \\ ST W W W W G❑LF CdURSE W W W W W W HL GRAND Y C. F fJ 1 PUBLIC ca N A SERVICES X PLUM BAY Q F'Z" M COMPLEX ° t1DRTH £ C3 RED HEART LANE d w a- Li SOUTH rn � w KEYES S NDLAW 3 3 C[IMAGE s c J. EET PLUM P M H GR HARBOR \ \ WE: BANKS DIS �TPOINT RIBUTI❑N \, \ DGER� CENTRE 1 A �\ V.G.C. PARK \ \. (VISUAL GRAPHIC E S❑NNYS GILD TERPRISES C❑AST J � \\ PLUM SUN -SENTINEL Dww EXHIBIT 1 ch"b" ft CITY OF TAMARAC, BROWARD COUNTY, FLORIDA 'nnww" � AV Ddow JOM L DONWY, P.E. SEC. 7, TWP. 49, RGE. 41 EXIIIBt,r 2 TR #3 0800 TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: NAME OF PROJECT On this 25 day of L(.�.QLryi b e-r , 200 L4.- - - � that Uy,,,j e L L C- o-nk Lmmelcis, LLLLC-having an address of ZOCK- Lo'. L'.6.,op"5 0 flQtc -Iz4- r+-LuAcJ41P— T-L, 6-5-5c)q -, 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 88th 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 ir- IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: M Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF GRANTOR NB By:yj J Type Name_nuu 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 �,L.,LTy. ,c, s° to me known to be the person(s) described in and who executed the foregoing instrument and e,,,_acknowledged before me and under oath that _ br- executed the same. WITNESS my hand and official seal this JJ day of kta.e_i , s;.'. SUZANNE ROGERO MY COMMISSION # DID 258269 EXPIRES; October 13, 2007 Banded Thru Notary Public Undenvrdgrs (✓j Personally known to me, or ( ) Produced Identification NOT PUBLIC, State!of Florida at Large I (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. 3 Water and Sewer Utility Easement 980605 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTE T: Marion -Swenson, CIVIC 'City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANT E B Y� Joe hreiber Mayor ate: ,,Xl)c_i' Jeffrey L, ill City Manager Date:. Tr)tcjrjx'r' _,Z0Q) Approv4Gpren s to form: By: Samue 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 afor said to take acknowledgments, personally appeared If i7o me known o be the person(s) described in and who executed the foregoin instrument and acknowledged before me and under oath that �` executed the same. SS WITNESS m hand and official seal this , .jbcj" y dayof�� zoo. ( ✓fPersonally known to me, or ( ) Produced identification c .0a � NOTARY PUBLIC, Statd of Florida at Large e% Marion Serphos My Commmaion DD250279 a, r< Expires October 2a, 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 May. 5. 2005 3:44PM y No, 4617 P. 6 IN WITNESS WHEREOF, Mortgagee and year first Love ritten, ATTEST: By: Type Name Corporate Secretary W'CrI4�wpl (Corporate Seal) STATE OF FLORIDA S COUNTY OF "i fIMI -JEe has hereunto set his hand and seal on the day MORTGAGEE By: Type Name r - I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid a in the County oresaid to take acknowledgments, personally appeared i M V I to me known to be the person(s) described in and who executed t e foregoing instrument and s acknowledged before me and under oath that 644. - executed, �thg same. WITNESS my hand and official seal this !O "day of 20 05 E ARINA VERDAZCU Y COMMISSION N DD297821 EXPIRES: Nb=h 08,2MB Fl. Notary Disgowl Awe. Ca Personally known to me, or ( ) Produced Identification N TRY PUBLIC, State of Fan a at L ge ( ame 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 5 Water and Sewer Utility Easement MAY 05 2005 15:55 PAGE.06 C> C) Do CD E-4 Mo 4-) —1 W—N 1�q , z , 1 !if' IN 1. oil ".Wj M> P 1 Z a IF Q �,�j 'DWI At a! Zan jH1 "MIN 8;,4, 9 M MIR, wH 0 'j Mai wi A A TH HAMY 4 ONO, in Alps), imp i K 91 got NJ IS H 1h — IQ70�01 . ..... 7- KT, .... 04 a 'rA V CIS� C-4 All ILI 71 H oil M if it Exhibit B A (cL A UG) ffM M0 Wu &?W M &A N Y 400 NORTHEAST 3rd AVENUE FORT LAUDERDALE FLORIDA 33301 ENGINEERS - SURVEYORS PHONE- (954) 76J- 7611 (L W 2W) scale I" = 100, SKETCH & DESCRIPTION WATER LINE EASEMENT P.aC�POINTCF CWMDVVCMENT A PORTION OF PARCEL "A" S & N PLAT P. as. -Polwr ac BicalmvmG PLAT BOOK 171, PAGE 112-115, B. C R & C R. =BROWAW COW TY RFCCRVS P.B. �PLA T BOOK SUN SENTDVEL SITE PC =PA r-1 PARCEL "B" S & N PLAT P-B� 154, PC- 38, B,C.R. NORTH LINE PARCEI- "A" P.B. 171, PG. 114, B.C.R. N45'35'08"W 26.65' N44*24'52"E 15.00, S45'35'08'E 26.65' OFT" Ln ri N44'24'52"E tn �r 2191 Co S89'24'52"W rn 23-49' N40'52'19'W 32.03' Vo 's, 0 C%1 15.00' S89*24'52'W 532,90- 25,532 SQUARE FEETtk N59'24'52"E 420.98' N44*24'52'E 5.37' \4 99 S89'24�52*W 414.81* 25,532 SQUARE FEET± TR#10800 FAX (.954) 763- 7615 I T 4, Q i uli% PALM(l) & (2) NORTHEAST CORNER PARCEL "A'-7 S89*24'52"W 9102, - SOO'35'08 - -TI 65.50' 50.5D'- SOO'35'08"E NWI-24 OZ 4' 35.18' NOO'35*08"� 56 97' 52-E -, 35.18' N89;524-052-E 0 ?"E r an N89'24!52'E S44*24*52*W 10 W z 0 LU 8.21' r 0 0 U') S89'24'.52'W 0 52'W U0, (n r) En 7.11, S89'24!52'W �7- 15.00' z:i F- NOO'35'08" 32.46' 300,35'OB"E 32-4§: . _ 589'24'52 W 20.00' 1 01'24'48'W 15.00, 1 N89'24'52'E N59 24 52 E 432.44 ell 10.52 1 65.0' SOO'35'08-E--- N99*24'52- NOO'35'08"W 30.26' 15.00, 30.26' LAIML DESCRIMM A portion of Parcel "A', S & N PLAT NO. 2, according to the plot thereof as recorded In Plot Book 171, Pages 112-115 of the public records of Broward County, Florida, and being more fully described as follows; 02 z Commencing (1) at the Northeast corner of said Parcel 'A"; thence South 139'24�52' West, on the North line of said Parcel "A', a distance of 20-00 feet; thence South 01124'48" East, a distance of 50.50 fast to the Point of Beginning (1); thence South 89'24'52' West, a distance of 532,90 feet; thence South 44'24�52* West, a distance of 55.71 feet; thence South 00'35'08' East, a distance of 165.33 feet; thence South 45135*08" East, a distance of 62.78 feet; thence North 89'24'52" East, a distance of 10.52 feet; thence South 00'35'08* East, a distance of 30,26 feet; thence North 89'24'52' East. a distance of 15.00 feet; thence North 00'35'08" West, a distance of 30.26 feet; thence North 89124'52* East, a distance of 432.44 feet, thence North 44'24'52" East. a distance of 18.64 feet; thence North 00*.35'08" West, a distance of 220.94 feet; thence North 89*24'52" East, a distance of 56.97 feet; thence North 01'24'08' West, a distance of 15.00 feet to the Point of Beginning (1). LESS THE FOLLOWING DESCRIBED PARCEL: Commencing (2) at the Northeast comer of said Parcel 'A'. thence South 89'24'52' Went, on the North line of sold Parcel "A", a distance of 91.02 feet; thence South 00'35'08" East, a distance of 65-50 feet to the Point of Beginning (2); thence continuing South 00'35'08" East, a distance of 214.73 feet; thence South 44'24'52" West. a distance of 6.21 feet; thence North 00*35'08" West. a distance of 32.46 feet; thence South 89'24'52' West, a distance of 15.00 feet: thence South 00'35'08" East, a distance of 32.46 feet; thence South 89'24'52- West, a distance of 414.81 feet; thence North 00*35'08' West, a distance of 29.71 feet; thence North 40*52,19' West, a distance of 32.03 feet; thence South 89124'52' West, a distance of 23.49 feet: thence North 00'35'08" West, a distance of 134.39 feet; thence North 44*24'52' West. a distance of 22.91 feet; thence South 45'35'08' East, a distance of 26.65 feet; thence North 44'24'52" East, a distance of 15.00 feet; thence North 45'35'08" West. a distance of 26.65 feet; thence North 44'2e52* East. a distance of 5.37; thence North 89124'52" East, a distance of 420.98 feet; thence South 00*35'08' East, a distance of 35A8 feet; thence North 89*24'52" East, a distance of 15,00 feet; thence North 00*35'08" West, a distance of 35.18 feet; thence North 89'24*52' East, a distance of 18.96 feet to the Point of Beginning (2) Said land situate lying and being in the City of Tamarac Broward County, Florida, and containing 25.532 square feet or 0.5861 acres more or less. *VTM I. 2= 27 JVVJr A SVRWY 2. Legal Description does not infer Title or Ownership J Underground Improvements, if any, not located. 4. Ws sketch reflects all easements and rights -of -way, as shown on above referenced record plat. Me subj�-ct property was not abstracted for other easements, road reservations or rights -of -way of record by McLaughlin Engineering Co. 5 Bearings shown refer to assumed datum and assumes the North line of Parcel "A" as South 892452' West CAMMI'MAE We hereby certify that this sketch meets the minimum technical standards as set forth by the Florida Hoard of Professional Land Surveyors J�7 Chapter 61617-6 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Dated at Fort Lauderdale, Flori da, this 2nd day of June, 2004. HV�L�A d Cii Registered Land Surveyor No. 5269 State of Florida -AVT VALM UNUM SNA[M WM SURVEYORV ML IV BM WN B. F. CJZW,M BY. Aff