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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 QSccae: PUBUC WOM DIPARTAHM MiGnCEMING DIVMON SHEET 1 OF 1 w E s WATER AND SEWER EASEMENT PELRIW,'NK L CA I�A 71 SEA HI r ( SECTION 21 S PALM UDGE LN. S -7 _10 r70 ol 70 CT T JEWEL BOX LN. TWOO WESTWOOD 3 — ------ 7T-ST 70 ST 'T ANOEL WING DRI 'T SUNSET POINT PARK TEE MCNAB > in l/l/l/ I PLAT BUSINESS TAM AC PARK TAMARAC - ­i R GAR NS MARKET 6 TAMA AC E T PLACE GARDENS WEST p- TAMARAC 1299 r,-67 CT LOVESHAW LAND TRUST PLAT ARCH I.T.W. MIJMA WESTWOOD 2' < ALUMINUM 11 67 ST C3 67 6 CITY FURNITURE SUFT-BELT-----"'---67 ST PRECISION C13NTINENTAL . CABLE 66 . 66 CT . ST ARCH * 96 AV ALUMINUM . * 65 p 0% 66 ST lui� WOOD I (SPYGLAS CULLIGAN SUN -SENTINEL * * 65 CT 4 TER THC VILI-AGE LAND SITE LOCATION St, OnLr CdURSI: - - - V . . . . . . . . . . ........... .......... ...................................... ................... .............................. ....... ...... .. ....................................... - ............. \\ " PUBLIC � IRS - LAND SEC. W- X LS IL PUN MY PKW N\ COMPLEX 7 1- , NOUN z W Z X 8 RED WART LN LANE w a. w w JMYNS > = > 1� COVERAGE §TME STREET z WESTPOINT FAIRBANKS DISTRIBUTION CENTRE I V.G.C. PARK SAWGRASS INFINITI SONNYS GOLD (VISUAL GRAPHIc 0. > LWM ENTERPRISES COAST z REAL P,a,D,S 0 < ST13RAGE '4 CONVERGYS C3 ESTATE (10 cv OFFICE W FERGUSON BUILDING :3 WESTP13INT CORP. PLAZA (CO RD rr SUNRISE COMME CIAL BLVD &*a ft ZW&- O&ZO718ff Dow a,"/05 84ok X*lN L DONOff. P.L TOSHIBA EXHIBIT I CITY OF TAMARAC. SROWARD COUNTY. FLORIDA Avpm-fa sw D&w DG*K 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& Ws ho*y cartlify that this wavey masts thi mWimum ischnIcal wtandard: as Pat farth McLAUGHUN ENGINEERING COMPANY Dowd of Profealmal Ldmd Sar"yors In chapter Dmils norido Z48 'larld' A limirtratim Code, Pursuant W SoctIm 472.027, narlde Statute& Rom9h Staked 6AM4 ibis 28th'6y of April, 20M a4RL C. ANXIMV Stdsd bulding P/affsets and sat 41milan this 2nd day of juns, M Reolvow L4010 swm)w N& 4183 Faimilffillan ImUon and alrallans talm No 23rd day of Aily, 2W4. sy0tv of f7m*ft 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 C, c,j Eke till Via 161 2 ft r d I fit off it M11 =nr �N�,,Wj cr r 9) IV 7 0 0 w n. c? L) ..... ..... off I fills, fill p Mon L4 -0749 j pa" ,we W. d&' ka jr un PHONE- (954) 763- 7611 Scale 1 IDO' Legm P.ac=Pa#vr cF CaUMENCEUENT P.O.R-PCVNT OF REGMING HCR.-BROWARD COUNTY RE"WDS P. B. =PLA r BOCK PC, =PACE S89'21'33'W S44'21'33'W 15.00, ' J'u� 8.o5, SOO"3B'2'7"E �"W NOQ*38'27"W 589*21'33"W 2.7 12,71' 39.47' S,89'21'33"W t4 5 75� 45.75' N N87-1 7-2 E en 92.98' U) N z 14T -W' V, EXHIBIT (B) 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. 1B7r*57V!E _ NO2*07'08*W 122.03' 12.24' SB9'21'33'W 14,85' -NOO'3B'27"W MOO' N89'21'33'E 14.85' N45'38'27"W 13,59' 15. S89'21 ,- 15. SOD'38'27"E 31.27' N89-21'33-E 31 89' L NOC)'38'27"W NOO-38-27-W 8,85, 31.27' X\ C SL bt, 0 S89'21'33"W NOO*38'27'W SOO-38'27"E 15-()0 -- — r--v �-22.37* 27,357 sQUARE FEET N139'21'33'E 397 —1V N89*21'3-, 35-04 TR # 10637 FAX.- (954) 763-7615 LWAMON MAP NOT 70 SCALE Px�r,p) & M NORTH AST CORNER PARCEL "A" S89'24'52'W 129-62' -;-fFS9. , S3*w 53.0' 96.9B, .5 W 519'24 2 133, W CD 20.00. 00, N00138'27"W PA") 12.52, 65.01, N01*24'48"W 15.00, N89'21*,33"E 96.9B, 0 CO CO 0; n LN :S C- in z V-- z �E Cn n < r, LU z ev Rolm CAMF=Affom 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 CBWJM Br. 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 L LRA WN BY. "T WMCAM BY.