HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-046Temp. Reso. # 10637
February 2, 2005 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005- 4//
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 SUNRISE BOX L.L.C., FOR THE
TOSHIBA PROJECT, LOCATED AT 6401 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 Toshiba
Project, located at 6401 Nab Hill Road (attached hereto in map form as "Exhibit 1 "); and
WHEREAS, the Toshiba 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 Toshiba
Project; and
WHEREAS, Sunrise Box. , L.L.C., has offered a "Tamarac Water and Sewer Utility
Easement" for the Water Distribution and Sewage Collection System Improvements
associated with the Toshiba Project; and
Temp. Reso. # 10637
February 2, 2005 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 Toshiba 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 Sunrise Box, L.L.C., for the Toshiba
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 I
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 Sunrise Box, L.L.C., for the Toshiba Project, located at 6401 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. I
I
I
Temp. Reso. # 10637
February 2, 2005 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 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 23 rd day of March, 2005.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
IVII I Urlr—LL %J.
CITY ATTO
IJED/RD
JOE SCHREIBEF:e
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBALIM-TALABISCO
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
Tmn.p. Reso. No.
TR 10637 CITY OF TAMARAC N.T.S
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TOSHIBA
EXHIBIT I
CITY OF TAMARAC. SROWARD COUNTY. FLORIDA
Avpm-fa sw
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FL NO. sm
SEC. 7. TWP. 49, RGE. 41
EXHIBIT (2) TR # 10637
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
PROJECT: TOSHIBA
(NAME OF PROJECT)
On this a day of Ad-.,-e--J^- , 2005,that SUNRISE BOX, LLC.
having an address of 7284 WEST PALMETTO PARK ROAD, SUITE 210, BOCA
RATON, FLORIDA 33433_, 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.
980605
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
year first above written.
ATTEST:
By:
Type Name Wall<01,S
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF ��&PJ^ :: SS
on the day and
Sunrise Box, L.L.C.
"KA M
By:
Type Name F(GkiL,_ D, Me_�,nuj
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 Vrtj,6�. A,&WMb0 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
2004.
Personally known to me, or
Produced Identification
NOTARY PUBLIC, State of Florida
at Large MMMn Fw4s
MY CwM"ion OD304M
Wall 28 no-$
(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:
Marion Swenson, tMC
Gity Clerk
STATE OF FLORIDA
SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By -
Jo `Z/1hreiber
2y'o r"
Dp4e: a5-'
B
j
City Manager
Date:
E*3
�,tchell S. Kraft,
itv Attornev
COUNTY OFBroworei :
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
Jnc�chm'--llb�,L cM JL+frN ffljIj_CL to me known to be the person(s) described in and
who executed the foregoilng instrument and t:hf_W acknowledged before me and
under oath that _Jbf" executed the same.
4
WITNESS my hand and official seal this 23 day of Marrb
2 0 0-!� .
Personally known to me, or
Produced identification
-N - j �A�
NOIARY PALIC, State of Florida
at Large
eMarion Se"os
. 16 My Commission DD260279
Expires October 24.2007
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( v� 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:
By: Cc�'P��
Type Name 4�� Carolyn Sasso
Sefpefake See. etary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF &c,iv,44) :
MORWIAGEE C omc- I <:fi 961Vk
HIC1416iq" COIQPORAr�w
Bv: , /17
Type Name III
Pfesidept
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 -0� ,- e, u-, Wc"l 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 Jo day of J�,A)f-
200 '4 .
..........
( Y"rPersonally known to me, or
( ) Produced Identification
PUBLIC, State of Florida
KI-arge /
Afe-l'q vy,
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DIDtakean oath, or( )DID NOTtakean oath.
980605 5 Water and Sewer Utility Easement
02/17/21liJb 12: 21 �Jb4tbd/blt) MUL-MUUML-111 Ullu UU r-HUE
EXHTBTT (A) TR # 10637
14 McLAUGHLIN ENGINEERING CO. tLa. 42851
Telephone (954) 763-7611 , Telecopier (954) 763-7615
400 N. F,. Third,Avenue, Fort Lagagrdalle, Florida 33301
Engineering . Surveying . Platting . Land Planning
LEGAL DESCRIPTION (TOSHIBA SITE)
A Portion of Parcel "A" — S & N, PLAT NO. TWO, according to
the Plot thereof, os recorded in Plot Book 171, of Pages 112
thru 115, of the Public Records of Broward County, Florida, being
more particularly described as follows: COMMENCE at the
Northwest corner of Parcel "A", of sold 5 & N PLAT NO, TWO;
thence run North 89 degrees 23 minutes 12 seconds East for
1238,15 feet to the POINT OF BEGINNING of the following
described parcel of land; thence continue North 89 degrees 23
minutes 12 seconds East, for 622.25 feet; thence South 01
degrees 24 minutes 48 seconds East, along a line parallel with
and 65.00 feet West of, as measured at right angles to the East
line of the Northeast one —quarter (NE 1/4) of sold Section 7,
for 70.12 feet; thence North 89 degrees 24 minutes 52 seconds
East, for 12.00 feet- thence South 09 degrees 55 minutes 39
seconds West, for 61.02 feet; thence South 01 degrees 24
minutes 48 seconds East, along a line parallel with and 65.00
feet West of, as measured at right angles to, the East line of
the Northeast one —quarter (NE 1/4) of said Section 7, for
100-01 feet; thence South 19 degrees 45 minutes 51 seconds
East,, for 38.12 feet; the ' nce South 01 degrees 24 minutes 48
seconds Eost, along a line parallel with and 53.00 feet West. of,
as measured at right angles to, the East line of ' the Northeast
one —quarter (NE 1/4) of said Section 7, for 63.77 feet; thence
South 89 degrees 21 minutes 33 seconds West, for 638.70 feet
(lost mentioned six courses coincident with the boundary lines ' of
the aforementioned Parcel "A", S & N PLAT NO. TWO); thence
North 00 degrees 38 minutes 27 seconds West, at right angles
to, the last described course, for 330.19 feet to the POINT OF
BEGINNING. Said lands situate, I�iing and being in the City of
Tamorac, Broward County, Florida.
CER 77F72 ZZQ&
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Dowd of Profealmal Ldmd Sar"yors In chapter Dmils norido
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Faimilffillan ImUon and alrallans talm No 23rd day of Aily, 2W4.
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FIEI.0 BOOK No. Ref PW4..-- - 5 -2 " Cee) SX_.!UhRC E-J.. -"V 314, L14 DRAWN BY
.'02/17/2005 12:27 9547637615 MCLAUGHLIN ENG CO PAGE 03
EXHIBIT (A) TR # 10637
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J(HAMM MGMUNG COWANY
400 NORTHEAST 3rd A VEA(UE
FORT LAUDERDALE FLORIDA 33301
ENGINEERS - SURVEYORS
Aw 2W)
SKETCH & DESCRIPTION
UTIL[TY EASEMENT
A pORTION OF pARCEL "A" S & N PLAT
PLAT BOOK 171, PACE 114, B. CR
TOSHIBA SITE
PAGE I OF 2
0,� I? SDO'38'27"W
357.20L--,,
I? 500',38'27"E
12.52'
27,357 SQUARE FEET±
—72*527-� N89'21'33"E 206.
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122.03' 12.24'
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TR # 10637
FAX.- (954) 763-7615
LWAMON MAP
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NORTH AST CORNER
PARCEL "A"
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that -Mis sketch medt's -&tu--minimum --
-2!M- Z'--AiOr A 15mvirr technical , standards as set forth by the ROridO Board
2. Legal Description does not inter Title or Ownership of Professional Land Survq,�vrs in Chapter 61G17-6
Florida Administrative Code, pursuant to Section 472-027
J. Underground Improvements, if any, not located. Florida Statutes.
4, 7his sketch reflects o// easements and rights -of -way, as Dated at Fort Lauderdale, Florida, this 2nd day of June,
shown on above referenced record plat 7he subject 2004,
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 A � -La UgAlin
North line of Parcel 'A0 as South 892452" West egistered Lond
ZRO 7:rvemr No. 5269
State of Florida
a
"AVT VALM UJYZM MAI" mw " mwasww SURVMRS
T-9515
DRAWN BY. JNT
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EXHIBIT (B)
TR # 10637
PHOIVE: (954) 763- 1611
MOL A UGj ffM "Gh ffM W M &A ff
400 NORTHEAST 3rd AVENUE
LORLDA, 33301
FORT LAUDERD", F
ENGINEERS - SURVEYORS
(I I V -am)
sKETcH & DESCRIPTION
UTILITY EASEMENT
A pORTION OF pARcEL "A" S & N PLAT
PLAT BOOK 171, PAGE 114, B. C R
TOSHIBA SITE
PAGE 2 OF 2
FAX. (954) 763-7615
LWAL DAWNIPMN
A portion of Parcel "A", S & N PLAT NO. 2, according to the plat thereof as recorded in Plat Book 171,
Page 114 of the public records of Broward County, Florida, and being more fully described as follows;
Commencing (1) at the Northeast corner of said Parcel "A"; thence South 89-24'52" West, on the North
line of said Parcel "A', a distance of 20.00 feet; thence South 01'24'48" East, a distance of 342.13
feet to the Point of Beginning (1); thence South 89'21'33" West, a distance of 96.98 feet; thence North
00'38*27" West, a distance of 12.52 feet; thence South 89'21'33" West, a distance of 15.00 feet;
thence South 00'38'27" East, a distance of 12.52 feet; thence South 89'21'33" West, a distance of
394.90 feet; thence North 00*38'27" West, a distance of 12.71 feet; thence South 89'21'33" West, a
distance of 15.00 feet; thence South 00438'27'* East, a distance of 12.71 feet; thence South 89'21'33"
West, a distance of 45.75 feet, thence South 44'21'33" West, a distance of 8.05 feet; thence South
89'21'33" West, a distance of 39.47 feet; thence South 00'38'27" East, a distance of 29.69 feet;
thence North 87'17'22" East, a distance of 92.98 feet; thence South 00'38'27" East, a distance of
209.77 feet; thence South 45',38'27" East, a distance of 26.02,fect; thence North 89'21'33" East, a
distance of 387.11 feet; thence North 44'21'33" East, a distance of 27.43 feet; thence North 00'38'27"
West, a distance of 225.80 feet; thence North 89'21'33" East. a distance of 96.98 feet; thence North
01'24'48" West, a distance of 15.00 feet to the Point of Beginning (1).
LESS THE FOLLOWIN DESCRIBED PORTION:
Commencing (2) at the Northeast corner of said Parcel "A"; thence South 89024'52' West, on the North
line of sold Parcel "A", a distance of 129.62 feet, thence South OD'38'27" East, a distance of 357.20
feet to the Point of Beginning (2); thence continuing South 00'38'27" East, a distance of 219.58 feet;
thence South 44'21'33" West, a distance of 15.00 feet; thence South 89121'33" West, a distance of
179.06 feet-, thence North 00'38'27" West, a distance of 22.37 feet; thence South 89'21'33" West, a
distance of 15-00 feet; thence South 00'38'27" East, a distance of 22.37 feet; thence South 89'21',33'
West, a distance of 180.62 feet; thence North 45'38'27' West, a distance of 13.59 feet; thence North
00'38'27" West, a distance of 181.35 feet, thence North 89'21'33" East, a distance of 14.85 feet;
thence North 00'38'27" West, a distance of 15.00 feet; thence South 89'21'33" West, a distance of
14.85 feet; thence North 00'3B'27" West, a distance of 8.85 feet; thence North 87'52'52" East, a
distance of 122.03 feet; thence North 02'07'08" West, a distance of 12.24; thence North 89'21'33'* East,
a distance of 206.29 feet; thence South 00'38'27" East, a distance of 31.27 feet; thence North
89'21'33" East, a distance of 31.89 feet; thence North 00'38'27" West, a distance of 31.27 feet; thence
North 89'21'33" East, a distance of 35.04 feet to the Point of Beginning (2)
Said land situate lying and being in the City of Tamarac Broward County, Florida, and containing 27,357
square feet or 0.6280 acres more or less.
02"FWAMM
.4Y& hrreby certif Match meets the min7iffum
y that this 5
technical standards as set forth by the Florida Board
of Professional Land Surveyvrs in. Chapter 61017-6
Florida Administrative Code, pursuant to Section 472M
Florida Statutes.
Dated at Fort Lauderdale, Florida. this 2nd day of June,
2oo4.
JarWd A
Registered Land Surveyor No. 5269
State of Florida
RM " ASMOSM SURWMR'S SW'w
IL-AM5
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WMCAM BY.