HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-042Temp. Reso. #10653
February 23, 2005 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005- Lf),
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 NOB HILL LANDINGS, L.L.C., FOR THE
WESTWOOD APARTMENTS PROJECT, LOCATED ON THE
NORTH SIDE OF WESTWOOD DRIVE JUST EAST OF 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
WHEREAS, the City Commission has approved the Site Plan for the Westwood
Apartments Project, located on the north side of Westwood Drive just east of Nob Hill Road
(attached hereto in map form as "Exhibit 1 "); and
WHEREAS, the Westwood Apartments 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
Westwood Apartments Project; and
WHEREAS, Nob Hill Landings, L.L.C., has offered a "Tamarac Water and Sewer
Utility Easement" for the Water Distribution and Sewage Collection System Improvements
associated with the Westwood Apartments Project; and
Temp. Reso.#8248 May 29, 1998 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 Westwood
Apartments 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 Nob Hill Landings, L.L.C., for the
Westwood Apartments 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 Nob Hill Landings, L.L.C., for the Westwood Apartments Project, located on the
north side of Westwood Drive just east of 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
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.
I
I
I
1;FrT1r)NJ R
passage and adoption.
Temp. Reso.#8248 May 29, 1998 3
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 23 d day of March, 2005.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
I v I I I �9 v � � . I %L>�l
CITY ATTORNEY
JED/DM
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: V/M. SULTANOF
DIST 4: COMM. ROBERTS
Job No.
CITY OF TAMARAC QScale: N.T.S IV
PUBUC WORKS DEPARTMENT NW
ENGINEERING DIVISION SHEET I OF 1 W E
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Water and Sewer Utility Easement - TR # 10653
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EXHIBIT I
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
An --- d Dw Daift. LX= P.L SEC. 5. TWP. 49, RGE. 41
I I '"FL K
Exhibit "2"
Temp. Reso. No. 10653
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR: Westwood Apartments
NAME OF PROJECT
On this day of 2-0�, hat Nob Hill Landings, LLC a
Delaware Limited Liability Corporation having an address of
C/O Styles Holdings, 3250 Mary Street, Suite #306, Coral Gables, Fl 33133,
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 Lasernent
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 n o event, shall a ny of the rights h erein reserved to G rantor i mpede 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 B roward 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: GRANTOR Nab Hill Landings, L.L.C.
By: By:
Type Name Type Namej_j 0-,
_
Corporate Secretary President
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF SS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforq�aid and in the Coupty af resaid to take acknowledgments, personally
appeared VCu--) � a - SW�n �2= to me known to be 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 --,SJV�t
20_05 1
MY CARmoam
COMMISSION # DID 1.4
2519
EXPIRES: OWcto-be-r I I
8-&d Thru Notwy Ptvj� Un'd"Mem
>�Personally known to me, or
0
NOTARY PUBLIC, Stafe--of Rorida
at Large
(Name of Notary Ru—bkQyPrint, Stamp,
or type as Commissioned)
Produced Identification
Type of I.D. Produced
( ) DID take an oath, or N 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:
by:
Marion Swenson, CIVIC
.City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By: 4�
Joe7creiber
1'0i'
Mayoi r
Date: 13 1-23 1 a-6'
By.
Jeffrey �L.ler
City Manager
Date:
A ved s o *r:
— I Z
rr IS.
. I hell S. *A, V
City Attorney
COUNTY OF Oirawcrci :
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
40L -Schtt ibi;r Qnd jjf You MA),je to me known to be the person(s) described in and
who executed the foregoMg instrument and bhe L4 acknowledged before me and
under oath that executed the same. a
Ss
WITNESS my hand and official seal this Z3 day of _March
200,5.
Personally known to me, or
Produced identification
N - QP -
NOtARY PALIC, State of Florida
at Large
Marion Serphos
My rommission D0260279
E*-' O=W 24, 200-1
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
V"
DID take an oath, or ( ) DID NOT take an oath
980605 4 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: MOR<GAqE-� \AA4-*;VqjP1 '�AQVI K
0
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF -hI406-
-2
Type �am�'V%VA
4%4y-- 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_LI.A,? r- /-jyA) 2- 1 /-, &- if- to me known to be 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 13 M day of
2063.
IK
NOTARY PUBLIC, State of Florida
FeWs S HurWo
at Large
'My C=mW6ffl DW11M7
EXOM MOY 11. 2W
Fce-lcll? -S- H11-77WAO
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
(?4'�Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
)DID take an oath, or(/N DID NOTtake an oath.
980605 5 Water and Sewer Utility Easement
Lw=' EXHIBIT "Alf
PC. POINT CURVATURE
R/W. RIGHT OF WAY (SKETCH AND LEGAL DESCRIPTION)
U.E. UTILITY EASEMENT 7>
0
L LENGTH BELFORT PARCEL "D"
R RADIUS
B.C.R. BROWARD COUNT PB 122 PG 11
RECORD BCR
PARCEL *Am
PARCEL JOB99 SUBJECT SITE
�NOS HILL/WESTWOOD PLAT
PB 144 PG 3
LEGAL GESCRIP-71ON:
PARCEL "A" OF NOS HILL / WESTWOOD PLAT
!0
ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 144 PAGE 3 OF
THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA.
C3 I
NOIES
Li C6
1. THIS SKETCH AND LEGAL DESCRIPTION DOES
011
NOT CONSTITUTE A SURVEY.
�.t I
2. BEARINGS SHOWN ARE TO AN ASSUMED
MERIDIAN AND BASED ON THE SUBJECT
r
RECORD PLAT.
2 C.4".
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WIN
�(144-3)
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NO
15� DRI VE
k 6260 PG 620)
DATE, 10/11/2000 PENINSULA_ -LAND SURVEYORS,INC,
SCALE, V = too, LB # 6454
JOB ORDER, 033453 LAND DEVELOPMENT CONSULTANTS
CAD FILEs TAMARAC SURVEYORS — PLANNERS
F.B. N/A PG. N/A CONSTRUCTION LAYOUT
FILEi A 1073 13113 NW 42ND AVENUE, 2ND FLOOR
MIAMI, FLORIDA 33054
SHEET OF 1 PHONE (305) 687-9191 FAX (305) 687-9190
___�HEET 1 OF
EXHIBIT "B"
DESCRIPTION : (UTILITY EASEMENT)
A PORTION OF PARCEL "A", NOB HILL / WESTWOOD PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 144, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED '6'S FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG THE SOUTHWESTERLY LINE OF
SAID PARCEL "A", SOUTH 32-26-50" EAST 53,49 FEET TO THE POINT OF BEGINNING; THENCE NORTH 57'57'19"
EAST 14.24 FEET; THENCE SOUTH 77*02'41" EAST 11.87 FEET; THENCE SOUTH 32'02'41" EAST 22.50 FEET;
THENCE NORTH 57'31'44" EAST 44.97 FEET: THENCE SOUTH 32'28'16" EAST 20.00 FEET; THENCE SOUTH
57'31'44" WEST 45.12 FEET; THENCE SOUTH 32'02'41" EAST 0.85 FEET; THENCE SOUTH 77'02'41" EAST 39.45
FEET; THENCE NORTH 57'48'00" EAST 142.45 FEET; THENCE SOUTH 32,08'37" EAST 34,11 FEET; THENCE
SOUTH 57*51'23" WEST 15.00 FEET; THENCE NORTH 32*08'37" WEST 19.09 FEET; THENCE SOUTH 57*48'00"
WEST 17.01 FEET; THENCE SOUTH 32'12'00" EAST 457.89 FEET; THENCE SOUTH 56*,33'56" WEST 48.29 FEET;
THENCE SOUTH 12'56'32*' WEST 7.18 FEET; THENCE SOUTH 76'36'38" EAST 23.98 FEET; THENCE SOUTH
13*23'22" WEST 15.00 FEET; THENCE NORTH 76'36'38" WEST 23.86 FEET; THENCE SOUTH 12'56*32" WEST
59,59 FEET TO A POINT ON A 755.00 FOOT RADIUS NON -TANGENT CURVE CONCAVE TO THE SOUTH WHOSE
RADIUS POINT BEARS SOUTH 05'29'18" EAST, SAID CURVE BEING THE SOUTHERLY LINE OF SAID PARCEL "A";
THENCE WESTERLY ALONG SAID SOUTHERLY LINE AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 01,12,15",
AN ARC DISTANCE OF 15.87 FEET TO A POINT OF NON -TANGENCY; THENCE NORTH 12'56*32" WEST 71.21 FEET;
THENCE SOUTH 56'33'56" WEST 61.12 FEET; THENCE SOUTH 02'28'16" EAST 40.42 FEET TO A POINT ON A
755,00 FOOT RADIUS NON -TANGENT CURVE CONCAVE TO THE SOUTH WHOSE RADIUS POINT BEARS SOUTH
09-14'43" EAST, SAID CURVE BEING SAID SOUTHERLY LINE OF PARCEL "A"; THENCE WESTERLY ALONG SAID
SOUTHERLY LINE AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 01*31'52", AN ARC DISTANCE OF 20.18
FEET TO A POINT OF NON -TANGENCY; THENCE NORTH 02'28'16" WEST 56.73 FEET; THENCE NORTH 56*33'56"
EAST 94.32 FEET; THENCE NORTH 12'56'32" EAST 6.88 FEET; THENCE NORTH 77'09'27" WEST 20.31 FEET;
THENCE NORTH 12'50'33" EAST 15.00 FEET; THENCE SOUTH 77'09'27*' EAST 20.34 FEET; THENCE NORTH
12'56'32" EAST 4.81 FEET; THENCE NORTH 32'12'00" WEST 191.57 FEET; THENCE SOUTH 57*48'00" WEST 35.50
FEET; THENCE NORTH 32'12'00*' WEST 21.00 FEET; THENCE NORTH 57'48'00" EAST 35.50 FEET; THENCE NORTH
32'12'00" WEST 38.88 FEET: THENCE SOUTH 57'48'00" WEST 14.77 FEET; THENCE NORTH 32'12'00" WEST 6,53
FEET; THENCE SOUTH 57*48'00" WEST 21.37 FEET: THENCE NORTH 32'12'00" WEST 21.00 FEET; THENCE NORTH
57'48*00" EAST 36.14 FEET; THENCE NORTH 32*12'00" WEST 139.11 FEET; THENCE SOUTH 57'48'00" WEST
88.16 FEET; THENCE NORTH 77'02'41" WEST 51.90 FEET; THENCE NORTH 32'02'41" WEST 42.95 FEET; THENCE
SOUTH 57'57'19" WEST 7.53 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL "A": THENCE ALONG SAID
SOUTHWESTERLY LINE, NORTH 32'26'50" WEST 15.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING, AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND
CONTAINING 24,947 SQUARE FEET (0.573 ACRES) MORE OR LESS.
.SKETCH AND DESCRIPTION
DATF I R E V I S 1 0 N S I ... I GMK.
CERTIFIED TO:
NON HILL LANDMS, LLC
ENGINEERS ;PLANNERS - SURVEYORS
LAND CAPE ARCHITECTS
ENVIRONMENTAL PROFESSIONALS
SKE$CICDOES NOT
REPRE-sEwr-A BDONDAI�,Y §U
TECHNICAL STANDARDS AS SET FORTH VY THE FLMIDA-60ARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 0%17-6.
=AOMIWSTRA71VE COOE PURSUANT To SECTION 47t=7,
MTUTES.
tATED INS 12th DAY 4 AUCUST 200 D,
'�TESSIQNAL "VEYOS AND MAPPER
STATE OV ORMA -REGISTRATION N.. 4030
. 61
P46T VALID UT THE SIGNATURE AND � M-Al
11 DRAWN BY: RZ I CHECKED BY.
1800 N(5,DC'JQLA8 ROAD SUM.200 AN. I
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OY 71
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SHEET 2 OF 2
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BELFORT
P,13, 122. PG. 11, B.C.R.
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a BELFORT
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LEGEND: I
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINING 2o,j�:
P.B. PLAT BOOK
PG. PAGE
8, C. R. = BROWARD COUNTY RECORDS
U.E�1<1 ol
= UTILITY EASEMENT
D. E. = DRAINAGE EASEMENT 27.50'1 n
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THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY
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03 83 11-1B-742