HomeMy WebLinkAboutCity of Tamarac Resolution R-96-193Temp. Reso. #7488 July 16, 1996 1
CITY OF TAMARAC
RESOLUTION NO. R-96 -- % 9,3
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 JVF FLORIDA, INC., FOR THE
BROOKSIDE COVE PROJECT LOCATED ON THE
NORTHEAST CORNER OF MCNAB ROAD AND NW 70TH
AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Site Plan for the Brookside Cove Project located on the northeast
corner of McNab Road and NW 70th Avenue (shown in map form as "Exhibit 1") was
approved by City Commission on December 8, 1993; and
WHEREAS, the development of the Brookside Cove 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 Brookside Cove Project; and
WHEREAS, JVF Florida, 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 for the Brookside Cove Project; and
Temp. Reso. #7488 July 16, 1996 2
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 JVF Florida, Inc., for Brookside Cove
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.
5=10N 2: The appropriate City Officials are hereby authorized to accept and
execute a "Tamarac Utilities West Water and Sewer Utility Easement" with JVF Florida,
Inc., for the Brookside Cove Project (attached hereto as "Exhibit 2") located on the
northeast corner of McNab Road and NW 70th Avenue 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.
Temp. Reso. #7488 July 16, 1996 3
SECTIQN 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this day of s fa�= e, Lw,
1996.
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
appr d this RESOLUTION as
t orm
M HELL SAORMFT
CITY ATTORNEY RECORD OF COMMISSION VOTE
utilities/dav/aml MAYOR
DIST 1:,
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BROOKSIDE COVE
WATER AND SEWER UTILITY BASEMENTS
4- 96-/13
MZ46"M W�IIDIVU
FOR: BBOOKSI-DF, COVE
NAME OF PROJECT 1
On th ' s U day of �2r,. _,.�...
199 ,JVF FLORIDA, INC
having an address of 6695 W1. MCNAB ROAD, I&ZgAr- FLORIDA 33321
, 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 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 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 the 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.
40 3214U1 1
,. s� -/ �.a
Corporate
0 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
I* 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.
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
0 Broward County, Florida.
- 2 -
3214-01
,e 96- i93
Corporate
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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.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and
seal on th ay and year first above wr�*ft6n.
r
Witness +�kQhaitl ' - LOOhtji2
.�r,
Joseph Pulla, Vice President
tness 3"ov,n GLrr JVF Florida, Inc.
STATE OF FLORIDA
SS
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared "Tcse o -► � u h a
to me known to be the person described in and who executed the fore-
going instrument and who acknowledged before that he executed
the same.
WITNESS my hand and official seal this day of
19 94.
pEr--
90TARY PUBLIC, State of
LiSA Florida at Large
(Signature of Notary Public)
0 CIAL 7`j7,.. y 7!�AL Print W ll C -11i 0-yeii 0-
Commission No. e-Q a00i qg
( � Personally known to me, or
( ✓ ) Produced Identification Canadian �DY►yov's LjC�PYIl _
Type of I.D. Produced
( ) DID take an oath, or () DID NOT take an oath.
- 3 -
3214-01
Corporate
•
C� J
ATTEST: `
By: .r✓ P
Robert S. Noe, Jr.,
City Manager
ATTEST -
Carol A. Evans,
City Clerk
STATE OF FLORIDA
SS
COUNTY OF BROWARD
ACCEPTED BY CITY OF TAMARAC
GRAN
By:
orman Abramowitz,
layor
Date: r �"
By:
Robert S. Noe, Jr.,
City Manger
Date:, 6
Appros., to ii oim
B� Mi chell S. K
City Attorney
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared gneg3 /M_Aj2ra&nQL.rj2 *— �!N",Vk
to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before that
executed the same.
WITNESS my hand and official seal this day of
n+eAy-*-b _.t- . 19 1 .
�rnrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr»>r»rr. vri
Karen Jackson >
Notary Public, State of Florida '
GOmmimion No. CC 539151 >
My Commission EKOM 05/ 14/00 ;
;s r eao 3440my . M tra„� s ;� & e�n;� co. ;
Personally known to me, or
Produced Identification
(k�) DID take an oath, or
NOTARY PUB C, tate of
Florida a arge
(Sigmau-a of Rotary Public)
Print
Commission No.
Type of I.D. Produced
DID NOT take an oath.
• -4-
3214-01
EXHIBIT A
Legal Description:
Tract T, McNAB COMMERCIAL SUBDIVISION NO. 1, according to the plat
thereof as recorded in plat book 71, page 13, public records, Broward
County, Florida.
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CCL CONSULTANTS, L .
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E
ENGINEERS SURVEYOR$ PLANNERS
2200 PARK CENTRAL BLVD. N. SUITE 100 POMPANO BEACH, FL 33064 (305) 974-2200
POMPANO BEACH ORLANDO WEST PALM BEACH
EXHIBIT B
LEGAL DESCRIPTION: SEWER AND WATER
AN EASEMENT ON A PORTION OF TRACT T, MCNAB COMMERCIAL SUBDIVISION
NO. 1, ACCORDING TO THE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 71,
PAGE 13, PUBLIC RECORDS, BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT T; THENCE SOUTH
ALONG THE EASTERLY LINE OF SAID TRACT T FOR 95.25 FEET TO THE POINT OF
BEGINNING OF A 22.50 FOOT WIDE EASEMENT LYING 11.25 FEET ON EACH SIDE
OF AND ADJOINING THE FOLLOWING DESCRIBED CENTERLINE; THENCE
WESTERLY ALONG A LINE 95.25 FEET SOUTHI! OF AND PARALLEL WITH THE
NORTH LINE OF SAID TRACT T, FO 53.00 FEET TO A POINT HEREIN AFTER
REFERRED TO AS POINT A; THENCE CONTINUE WESTERLY ALONG SAID LINE
95.25 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACT T,
FOR 53.00 FEET TO A POINT HEREIN AFTER IREFERRED TO AS POINT A; THENCE
CONTINUE WESTERLY ALONG SAID LINE 95.2�' FEET SOUTH OF AND PARALLEL
WITH THE NORTH LINE OF SAID TRACT T FOR,'87.00 FEET TO THE WESTERLY LINE
OF SAID TRACT T AND POINT OF TERMINUS.
EASEMENT LINES ARE LENGTHENED OR SHORTENED TO PROVIDE A
CONTINUOUS 22.5o FOOT WIDE EASEMENT.
TOGETHER WITH:
A 15.00 FOOT WIDE EASEMENT LYING 7.50 FEET ON EACH SIDE OF AND
ADJOINING THE FOLLOWING DESCRIBED CENTERLINE, BEGIN AT POINT A AS
PREVIOUSLY DESCRIBED; THENCE NORTH ALONG A LINE 53.00 FEET WEST OF
AND PARALLEL WITH THE EASTERLY LINE OF (SAID TRACT T FOR 21.50 FEET TO A
POINT OF TERMINUS. i
EASEMENT LINES ARE LENGTHENEDI OR SHORUNED TO PROVIDE A
CONTINUOUS 15.00 FOOT WIDE EASEMENT.
SUBJECT TO EXISTING EASEMENTS, RIGHTS —OF —WAY, RESERVATIONS OR
RESTRICTIONS, OF RECORD, IF ANY.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUD UNLESS
SEALED WRH AN EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY
CCL CONSULTANTS, INC. FOR EASEMENTS AND OR RIGHTS —
OF —WAY OF RECORD.
3. DATA SHOWN HEREON WAS COMPILED FROM OTHER
INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY
AS SUCH.
REVISIONS DATE BY
REVISED SKETCH AND LEGAL
CERTIFICATION: Y CERTIFY I HERETHAT THE ATTACHEC SKETCH AND LEGAL
B
DESCRIPTOON IS T4UE ANIr CORRECT TO :HE BEST OF MY
KNOWLEDGE ANI. BELIEF AND TSIAT IT NEP.TS THE MINIMUM
TECHNICAL aOARpS SFT FORTH PY THE FLORIDA STATE
BOARD 0 N�1 SU 2+FYORS IN CHAPTER 61517-6, FLORIDA
ADMINIST TI'r'E JOIDE.
PROFESSIONAL Lw�4) $:RVcYOP, a.a57 STATE OF FLORIDA
GREGORY S. MIRE, 11A.S.
SCALE I: DP,'.WH �CH
ECKED FIELD
BY i '�M I BY G.S.M I BOOK
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