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Home My WebLink AboutCity of Tamarac Resolution R-96-166Temp. Reso. # 7454 - June 10, 1996 1 CITY OF TAMARAC RESOLUTION NO. R-96 - 166 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A "TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT" WITH TAMARAC BUSINESS CENTER, INC., FOR THE ITW/MIMA AND LOVESHAW PROJECT LOCATED ON THE NORTHWEST. CORNER OF NOB HILL ROAD AND NW 67TH STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the ITW/Mima and Loveshaw Project located on the northwest corner of Nob Hill Road and NW 67th Street (attached hereto in map form as "Exhibit 1 ") was approved by City Commission on April 26, 1995; and WHEREAS, the development of the ITW/Mima and Loveshaw Project required the installation of a Water Distribution System and Sewage Collection System; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution and Sewage Collection System on the ITW/Mima and Loveshaw Project; and WHEREAS, Tamarac Business Center, Inc., as the owner of the property has offered the "Tamarac Utilities West Water and Sewer Utility Easement" for water mains, water services, fire hydrants and sanitary sewers; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed with Tamarac Business Center, Inc., for the ITW/Mima and Temp. Reso. # 7454 - June 10, 1996 2 Loveshaw 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 execute a "Tamarac Utilities West Water and Sewer Utility Easement" with Tamarac Business Center, Inc., for ITW/Mima and Loveshaw Project required for the installation, maintenance and operation of Water Distribution and Sewage Collection System. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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 Utilities West Water and Sewer Utility Easement" with Tamarac Business Center, Inc., for the ITW/Mima and Loveshaw Project (attached hereto as "Exhibit 2") located on the northwest corner of Nob Hill Road and NW 67th Street 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 I 1 LJ Temp. Reso. # 7454 - June 10, 1996 3 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 ATTEST: CAROL A. EVANS CITY CLERK rR BY CERTIFY that I have o this RES U O to fo MITCHELL S. KWAFT CITY ATTORNEY utilities/dav/aml RECORD OF COMMISSION„ VOTE r •.: 041, / C' , �6, - &, � 6 �� EXHIBIT i • 10 �J d Y 0 3 a H 70 CT a o Cco 70 ST am d' am ^70 ST 70 ST TEE MCNAB ROAD PLAT J & J PLAT TAMARAC MARKET PI Arr- A a TAMARAC 1299 v, LAND TRUST a PLAT A ui 67 ST El S & N PLAT a PARCEL B LOCATION THIS SITE PUBLIC SERVICES COMPLEX STATE STREET Go >i ow jj UAC68 P4 / TAMGARTAMARACGARDENS E3 WEST 67 CT WESTWOOD 2 67 ST w dg 66 ) 66 CT w v ST a �, 96 AV W w P� 65g / 66 ST w W w D WOOD 1 (SPYGLAS w 65 CT " 4 TERR Y " THE VILLAGE g ,Q w W W \ w w w W w W w w ST G❑Lr COURSE N. GRAND DUKE C. SANTA ROSA DR. N. PLUM BAY PKWY N. P M BAY PKWY _i PLUM HARBOR C. RED HEART LN x r � uj vi rl VERMOSA L, w S GRAND DUKE C, 1w z W a H PLUM w PLUM N HARBOR .\7•.\��•,\�HARB�R C.,\�.•.\ V.G.C. PARK r \�N. (VISUAL GRAPHICS) GRAPHLINE -J r \\\,PLUM � z a = ° Y ��\��BA� � �\� ST❑R❑PACK z o 5 a w z \\ \\\ \� \��\\ FERGUSON CORP. 0. COMMERCIAL BLVD MIMAUE.DWG I.T.W. MINA - L04RSHAW WATER AND SEWER UTILITY BASEMENTS TAMARAQ UT IT ES WEST WATER AND SEWER UTILITY EASFMENT FOR: ITW/MIMA and LOVESHAW BLDG. NAME OF PROJECT IQ On this 3" day of 'rl1 I 199 b , TAMARAC BUSINESS CENTER INC. having an address of 2005 W. CYPRESS CREEK ROAD SUITE 202 FORT LAUDERDALE, FL 33309 , 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 aid b Grantee to P Y 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 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 "E" and incorporated by reference herein, (hereinafter "the easement area"). Grantee may use the easement area for the laying, installing, 962601 1 TUWWSUE • 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, Southern Bell or franchised cable TV that crosses this easement at right angles. 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 grants to 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. 962601 2 TUWWSUE k� , 16 -/& �> 0 • • 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. 962601 N TUWWSUE C7 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. M (GRAN R) J � i Witness SAM BUTTERS -VICE PR SIDENT ad _Aj _4 Witness NAT BUTTERS -PRESIDENT STATE OF FLORIDA : SS COUNTY OF 10&wAKb 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 SAM BUTTERS and NAT BUTTERS to me known to be the person(s) described in and who executed the foregoing instrument and THEY acknowledged before me that THEY executed the same. WITNESS my hand and official seal this 3rd day of June 19 96 EDWARD CHINSKY NOTARY PUBLIC, State of Florida at Large e ED W q,RD C rii.tVSXY XOTARy pUDI,XC e MMIs IflN rao. rr 38 as 1"DRTDASignature of Notary Public) XP-ReMON�EDTriRuxoT y LS RRTL2p 19s$Print "Dr'RwRITZRgCommission No. (X)Personally known to me, or ( )Produced Identification ( )Type of I.D. Produced ( )DID take an oath, or (DID NOT take an oath. 962601 4 TUWWSUE IN WITNESS WHEREOF, the parties hereto have caused to be executed on the day and year indicated below: Signed, sealed and ACCEPTED BY CITY delivered in the presence of: GRANTEE By: S Robert S. Noe, Jr., City Manager ATTEST: By: 4_ 4 Carol A. Evans, City Clerk STATE OF FLORIDA: : SS COUNTY OFEKOLjApp: these presents�� OF TAMARAC Norman Abramowitz, Mayor �ato By:_SS �, Robert S. Noe, Jr., City Mana er Date: 1`A ove¢ as) to �tvFm: MYtchell S. Kr f , City Attorney I HERESY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to %�� .11take acknowledgments, personally appeared a r P(AT- 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 s al this Ag— day of 199L.� lJ lllllJlllllNlr.lJ1l.'lllll!llllllllllJlllJVJ� Ps MYP&e� Karen Jackson #TARY PU C, State of Florida .�' Notary Public, State of Florida ; at Large i Commission No. CC 539151 OMO MY Commission Expires 05/14/00 ; E� �< I-M3-NOTARY - FIR. Noury Savior & Bon"S Co, (J�/ S»»»y»»»»»»�»»»»»>�»»»y»»»»»> ( Name of Notary Public: Print, Personally known to me, or Stamp, or Type as Commissioned) ( ) Produced identification Type of I.D. Produced (X) DID take an oath, or ( ) DID NOT take an oath. 0 962601 5 TUWWSUE McLAUGHLIN ENGINEERING ENGINEERS -SURVEYORS 400 Northe"t Th1td Avenue FT, LAtTDFB,DALE, FWH A 88801 Telephone (W5) 763.7411 Telecopier (SM) 763.7615 • • • SCALE I ''= zoo 0'A71 _ 1 r/,,:i' PIC7 r- ;;- A L E W Il,r �u I CAA14Lr ; �r-WAi EASE I aI v �rr�?' IrAwE � 2- :<,I• 1 3 PA L— ------ — NOK7-T»wES7- (,-7rN 97'RF61- ;Aa (r-:. Parcel "A". .S a M PLAT. accor•7if1� i..) ti'f' thereof 1'EK:vf']r:' in pl jl. :kok is;. tij �. :!f '. Y-' ; utlllc records of 'r (mard co;-)nty. Said land sit.uau�. lyin un.' fxin }r, trap Cil.y of rarlitr.rk. Mltai'wy, :1i-6.710, siluare fe?t or 9.56C Xres mire .rr Cortifirxl currecl:. Cola! -it 1-of1. Fl:,ri',A. this 23th div of 1995. NJTES. (I) T11IS IS RIOT A SURVLY. (2) This sketch reflects c'l easawnts and riihi.s-of-4v as s}.am on tale above referenced plat. 1M., sllije�.:t property was not abstracted for rather easglr~nts. road rese-va'-inns. or r!9hts-of-ray ,)- recur:) by ,McLau,Jhlin Engineerin, Co. (3) l:�earings sixAm refer to S ? N PUT. 154/7-3 (4) Description prepared by tUaughlin Lnginw!riny Co. this c20h c.lq )f Sece!t)er. and does rxrt infer title:? .rr umership. (5) Sq.Ft.= Square Feet. t= Cwterline. (6) 71IS DPAIRG IS MOT VPLID 'TNLESS :�'�11+LD 11,77r, Aq E}TI)ST :�LMEKIP:s 11ML. CU+iall.l% EAGELF_F.I"r- CI . M Carl E. P,l; rektevi rWgl.`it! re;i '_and SUrvoor �U.' 165 Sta e or it ri'.a FIELD BOOK NO. NlA JOB ORDER NO. S'439I DRAWN BY QFB CHECKED BY MCLAUGHLIN ENGINEERING ENGINEERS -SURVEYORS • • 400 Northeast Third Avenue FT. LAUDERDA.LE, FLORIDA 33301 5 14EET I o�,? Telephone (9sy) 763-7611 Telecopier (95y) 763-7615 SKETCH AND DESCRIPTION WAl 1 R MAIN EASEMENT M1k%R - LOVES)AAW A 15 foot easement over, across and tluou,01i a portion of Parcel "A", S &: 1\1 PLAT, according to the plat thereof recorded in flat Book 154, Page 38, of the public records of Broward County, Florida, and being 7.50 feet on each side of a centerline more fully described as follows: Commencing (1) at the Northwest comer of said Parcel "A"; thence South 01'04'45" East, on the West line of said Parcel "A", a distance of 39.85 feet; thence North 89'29'52" East, a distance of 12.00 feet to the Point of Beginning (1) of the herein described centerline; thence continuing North 89�29' 52" East, a distance of 32.25 feet to a Reference Point A; thence continuing Notch 89"29'52" East, a distance of 416.30 feet to a Reference Point B; thence continuing North 89°29' 52" East, a distance of-46.00 feet; thence North 44`29'52" East, a distance of 24.00 feet; thence North 89`29'52" East, a distance of 374-00 feet to a Reference Point C; thence continuing North 89"29'52" East, a distance of 104.44 feet to the Point of Tetnrtirlation (1) of the herein described centerline, said point being 12 feet West of the East line of said Parcel "A"; TOGETHER WITH: Beginning (2) at the aforementioned Reference Point A; thence South 00°29'38" East, a distance of 243.32 feet; thence South 1L'4d,/Z0" 1Nest .. a distance of I ZZ23 feet to the Point of Termination (2) of the herein described centerline, said point being 12 feet North of the South line of said Parcel "A"; ALSO TOGETHER WITH: Beginung (3) at time aforementioned Reference Point B; thence South W33'29" East, a distance of 147.20 feet to a Reference Point D; thence continuing South 00-33'29" East, a distance of 186.50 feet to a Reference Point E; thence continuing South 00"33'29" East, a distance of 28.16 feet to the Point of Termination (3) of die herein described centerline, said point being 12 feet North of the South line of said Parcel "A"; ALSO TOGETHER WIT11: Begituning (4). at the aforementioned Reference Point B; thence North 00'30'08" West, a dis- tance of 22.00 feet to the Point of Termination (4) of [lie herein described centerline; ALSO TOGETHER WITH: Beginning (5) at the aforementioned Reference Point C.; thence South 00 M'08" East, a dis- tance of 52.00 feet to the Point of Termination (5) of the herein described centerline; ALSO TOGETHER WITH: Beginning (6) at die aforementioned Reference Point D; thence North 8926'31" East, a dis- tance of 48.25 feet; thence South OeOO'00" West, a distance of 44.64 feet thence South 89 26' 31" West, a distance of 44.70 feet to the Point of Termination (6) of the herein described center- line; ALSO TOGETHER WITH: Beginning (7) at the aforementioned Reference Point E; thence North 89 26'31" East, a distance of 22.10 feet to the Point of Termination (7) of the herein described centerline; ALSO TOGETHER WITH: Commencing (2) at the Southwest corner of said Parcel "A"; thence North W24' 52" East, on the South line of said Parcel "A", a distance of 285.00 feet to a Reference Point F; thence con- tinuing North 89*24' 52" East, on the said South line, a distance of 590.74 feet; thence North 00' 35'08" West, a distance of 12.00 feet to the Point of Beginning (8) of the herein described center- line; thence continuing North 00�35'08" West, a distance of 13,00 feet to the Point of Termination (8) of the herein described centerline; AND ALSO TOGETHER WTTH: Commencing (3) at the aforementioned Reference Point F; thence North OeM'08" West, a tance of 12.00 feet to the Point of Beginning (9) of the herein described centerline; thence con- tinuing North W35'08" West, a distance of 18.00 feet to the Point of Termination (9) of the herein described centerline. AND ALSO TOGETHER WITH: Commencing (4) at the aforementioned Reference Point "A'; thence South DO. 29' 38" East, a distance of 38.00 feet; thence North 891 29' 52" East, a distance of 7.50 feet to the POINT OF BEGINNING (10) of the herein described centerline; thence continuing North 89° 29' 52" East, a distance of 36-50 feet to the Point of Termination 110) Certified correct. Dated at Fort Laudetdale, Florida, this 25th day of MA1?f H NMS' 14~LAI,GHLIN ENGINEERING tA. (1) THIS IS NOT A SURVEY. (2) This sketch reflects all easenents and rights -of -way as sham on the above referenced plat. Tne subject property was not abstracted for•��%,�s✓ other easenents, road reservations, or rights -of -way of record by Carl E. Albrekrsm iIcLaughlin Engineering Co. Registered Land Surveyor No.4185 (3) Bearings sham refer' Lo Lhe S & N PLAT, 154/38 State of Florida (4) Description prepared by McLaughlin Engineering Co. this 19 th day of 'hpRe_R', 1996,and does noL infer title or ornership, (5) P-0.13 .- Point of Beginning, P.U.C.= Point of ConTmnCerrent, S.W.= Southwst, P.O.T.= Point of Termination, (6) It is the intent of this desripticn that the sidelines of the easerreot be either lengthened or shortened to intersect with the property 1 roes or other easement lines 4oere applicable. (7) THIS DRA4INO IS NOT VIVID UNLESS SEALED WITH AN EM�oSED SURVEYORS SU1L. FIELD BOOK No. inst hpnFp nir,. DRAWN BY MCLAUGHLIN ENGINEERING ENGINEERS -SURVEYORS 400 North— Third Avenue 1,-F. LAC11)FROALE, FLORMA 33301 'T'elophww /9t4) 763.7611 Telecopier (9j4)763.7615 • SCALE /"= /00' SHEET 2 OF f l /LL N. W. /!,1D liar(;) Ck I I K�o I � 114 i v 111 tiJ4 n" 44.50 14.7.00 - 500 3z•ra r K6F c/ ' ui f2r FAB) (�Ojf `G� 0. ci F0a (3) 8 (4) R i _j I ., w Q I r�c� n _- I/. I 11; 1.t.• .., I unl j♦ b1� � ay I ^ a -z?, I I � I i 'N R: qM1 I 39, l -- - ---- Nc�T LINE �.'�.. r• •J rf „ POC3( I) 'a ac�L "a oa c�)� F =� NaC(Z) 1":.�',c�R��a y7 'LOCAT)or✓ MAP Nor TO SCAL Q KM Ala DESMI PTIa1 15' UT1LM EASF!EHT A pprtlm of Parcel •w W. S t M PLAT, warding to the Plat thereof reurded In Plat Boric 154. Page 3& of the ppltc recalls of &'nerd Cana• Florida, nxe fullY destrlpeo m Shtat 1 0 2, Certified cmYct• DOW at Fort ladmx%le. Florida, this W day Or VV AaCN. 1"4. M�!N E[wlip_p�e:E lGGD(aar.., aat,ter 6 Lane ar ea ia.nas State 'f rortda WT VAM NM SEM M WITH AN EVgUM Z V CR'S SEAL FIELD BOOK NO. _ 1A __ DRAWN BY dFQ JOB ORDER NO. 6-4802 CHECKED BY ('''