Loading...
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 S Water and Sewer Utility Easement - TR # 10653 EAST WESTWEEID 5A CA4" IN dl E' TR23 TR2 S R13 79 pL LAND SEC. ROCKFORD TR58 TR28 R29 6 TR30 VILL WELDO GE OF N A H WO R YAR)LEY )GEFIELD AT �A . P 11 dWT­S­iCbM�L ....... ...... SEC. 5 3 TR16 LA 77 AR -c S CT 7> EVANGELICAL > �rr -7-7 TR61 COVENANT MI IBIL CHURCH Li TR33 t.- WEST LAKE VILLAS KINGS PT. C Z n PROF. PLAZA > a (9 W ODVIE)/ jL O� WESTWOOD R38 % F_ - aft 5 T KINGS POINT PINES SALES CENTER SPR NG A C & CLUB HOUSE TR37 6 CT WOODMONT SITE LCI < GRE WEsTWOO 31 AMARA �ys AS14M NT CIR 95 W. N16fPA ELFOR MgP`L`E� 7A3HM13N)T T 73 CT :p .j'i. : FI S 7'1,) , --Z3 ST 71 CT ZoIA HIDDEN TR42 SECTION 21 WESTWO TIRE TR40 HOLLaw WESTWO WESTWO TR47 72 CT KINGDOM III IIL E 72 CT4A PLAZA WESTWOO PLAT�7R_41 �kt'0 11111 D. Iff, 72 ST 71 A _WDEM ___' & � 1-1 7.2- ST TAMARAC 7A AT— 71 70 PL SECTION 22 SQUARE SEC ION 21 WEST 70 P 7A, ESTWQOD 4 7 PL ml 7C CT > WE TWE D 3 In L'C c cu 70 qr cu c 70 Sl 0% z0_4 MCNAB -ROAD 0 ST 0 ST ILI ST MCNAB MCNAB ROAD PUSINESS PARK TAMARAC TA AC MARKET 68 P -i� ARAC GAM NS Lj LIME 2M �_LIMF 13AY DAY PLACE GARDENS E T S SE I I WEST id SEC, I 1299 67 CT 'RUST n\ip-vjj4w I — ARCH 1,T.W. MIMA WESTWOOD 2 ALUMINUM 11 91- 67 ST 67 67 ST 'p W- T GO 2 REVISIONS a-L. Da*ooft Bw ftiv 044azu WESTWOOD APARTMENTS D�ft &JU fttw av" 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". 12t u.E. rl� r z Ld te) N < r C) WIN �(144-3) _�A 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 E..R E PINES. '.16A -T-i Rojcc 936 1).436-7000 FAX; C&VOL4r67�6295$ ........ .. OF ALITHORIZAT1 0 OY 71 Ir I . SHEET 2 OF 2 PARCEL 0 NE CORNER PARCEL "A" (P�8, 144, PG. 3, B.C.R,) BELFORT P,13, 122. PG. 11, B.C.R. PARCEL D a BELFORT q P.B, 122, PG- 11. B.C.R. tic 0 mp. n .0� 'po 5r PAX DIN -6 �2 41 \6;p. 6�3� A`7 00\ ILL) % w 00 o < V, < \00. V, mm I k" 0 lb, z w in '-wo. 4- 00 N N"oll llb L'i 66 & '32-C 4.81, S77'og'27- N12,jo.,3 20,34' 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 't '. too 25' N76-361.38. 123 10 L 07- A A--01-12'15" T -6 '3152 200 ID Z Ln GRAPHIC SCALE 0 30 60 120 �E NAERRCH-TS ENGINEERS ;PV7NN - SURVEYORS IN FEET I'S E ", Y 1 INCH - 60 FEET LAND CAP ARM ECTS 'L P""S.. , ENVIRONMENTAL PROFESSIONALS I 1�1:(.10 N 'w - RL.A. W'. 2.11 R6., IF R,6A , "�', SnG-7000 FAX: 1954 U295a 0. AUTHORIZATI LM SXEYZW .4" DFSCffZM0N THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY F-R. _5jNO, Fl�.E NO. 03 83 11-1B-742