HomeMy WebLinkAboutCity of Tamarac Resolution R-96-009Temp. Reso. # 7203
CITY OF TAMARAC
RESOLUTION NO. R-96
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
SHANGRI LA ENTERPRISES, INC. FOR THE SHANGRI-LA
VILLAS PROJECT AT WOODMONT; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Site Plan for the Shangri-La Villas Project at Woodmont located on
the south side of Southgate Boulevard between between N.W. 81 Avenue and Pine Island
Road (shown in map form as "Exhibit 1") and is scheduled for City Commission review on
October 11, 1995; and
WHEREAS, the development of the Shangri-La Villas at Woodmont property will
require the installation of water and sewer utilities; and
WHEREAS, an easement is required by City Code Section 22-191 for the water and
sewer utilities on the Shangri-La Villas at Woodmont property; and
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Temp. Reso. # 7203
WHEREAS, Shangri La Enterprises, 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 Utilities Director that this easement
be accepted and executed; 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 Shangri La Enterprises, Inc. for
the Shangri-La Villas at Woodmont Project required for the installation, maintenance and
operation of water and sewer utilities and infrastructures.
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.
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Temp. Reso. # 7203
SECTION 2: The appropriate City Officials are hereby authorized to accept and
execute a "Tamarac Utilities West Water and Sewer Utility Easement" with Shangri La
Enterprises, Inc. for the Shangri-La Villas at Woodmont Project (attached hereto as "Exhibit
2") to allow legal access by City Utility Personnel in performing their duties, including utility
installation, maintenance and operation.
SECTION 3L 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, or other part of 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.
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Temp. Reso. # 7203
SECTION 6- This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this LDday of TANL)Ag� ,
1996.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HE Y CERTIFY that ave
a rove this RESOL ION as
form.
ITCHELL S. KRAFT
CITY ATTORNEY
Utilities-mw
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COMMISSION VOTE
MAYOR
ABRAMOWITZ
DIST. 1:
COMM. MCKAYE
DIST.2:
COMM. MISHKIN
DIST. 3;
.GOMM, SCHREI BE
DIST. 4:
COMM. MACHEK -
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FOR:. hangri-La Villas
NAME OF PROJECT
This TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT MADE
this day of �] N v+R-
199 ,by Shangri-La Enterprises, Inc., having an address of
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
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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.
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
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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
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.
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TUWWSUE
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on
the day and year first above written.
ATTEST: 0
/' A
By: k,AeI0 _ B i--La Enterprises, Inc.
Type Name Paola Curzio
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF
Type Name pomgaico Curzio
President
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid t take
acknowledgments, personally appeared ��t7,1,-q- 0,b,1 _/ b
to me known to
be the person(s) described in and who executed the foregoing
instrument and f keil acknowledged before me and under oath that
executed the same. /
WITNESS my hand and official seal this � day of
" 199�� .
C
i
NOT Y PUBLIC, State of Flor a
7, rf ; rJ,at arge
IZY SN. L
�q `. Y, t'2 �;•; y;I'"a GASP::-r�OIVI
I , .l �. _ 7sF> ORIDA
e of Notary' Pub, i Rwinty :a 1S- 7
Stamp, or Type as Commissione
(�) Personally know to me, or
( ) Produced identification
Type of I.D. Produced
0 ( ) DID take an oath, or ( 0 DID NOT take an oath.
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IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year indicated below:
Signed, sealed and ACCEPTED BY CITY OF TAMARAC
delivered in the presence of: GRANTEE
ATTEST:
By:
Robert S. Noe, Jr.,
City Manager
ATTEST:
By; C&Z42
arol A. Evans,
City Clerk
STATE OF FLORIDA
SS
COUNTY OF Broward
By. '
Orman Abramowitz,
Mayor
Date: / l
By: n U�
Robert S. Noe, Jr.,
City Manager
Date:
By:
to f6rm:
Mitchell S.aft,
City Attorney
I HEREBY CERTIFY that on this day, before me, an Officer
duly authorized in the State aforesaid and in the Count
aforesaid to take acknowledgments, personally appeared��J,einA� f}B�Am3
p_p T S. M0 Tit , tame known to be the person (s ) described in and
who execTeMrEtoregoing inst ument and acknowledged
before me and under oath that execut d the same.
WITNESS my hand and official seal this ,G.�, day of
199-,.
NO ARY PUBLIC, ate of Florida
O��gY PGe('OFACIAL N gjAC SEAL at Large
h KAgEN LER JNumeg
COMCC20N Nl1MSER
GCZ01S78 aK""' /V
WSJ
'1�OR Pie my COMMISSION EXp.
MAY 14 1a98 ( ame of Notary Public: Print,
Stamp, or Type as Commissioned)
( ) Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (DID NOT take an oath.
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SEIANGFRI-LA VILLAS WATER AND SHANGRI. DWG
ORWRR UTILITY EASEMENT
NATIONSQ LOCATION
J BANK o THIS SITE
le- Y(,9
Mr.MGHLIN ENGINEEANG
ENGINEERS -SURVEYORS .
EXHIBIT A
400 North&W ThW Avenue
FT. LAUDKI DAUL, FLA)RIDA 1ia801
Telephoae (ids) 7611•7411
Telempier (SM) 763.7616
`�SpUi}I17�vf/ I UE CENTRAL �1i77r&p�I
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LOCA T/ d N MA P
Ivor To SGAtz
A oortion of Tract 21 of FLORIDA FRUIT LANDS CO. SUBDIVISION No.2 of
Section 33, Township 48 South, Range 41 East, according to the plat thereof, recorded
in Plat Buok 1 at Page 102 of the Public Records of Palm Beach County, Florida,
together .vith a portion of Tracts 3 and 4 of FORT LAUDERDALE TRUCK FARMS
SUBDIVISION of Section 4, Township 49 South, Range 41 East, according to the plat
thereof recorded in Plat Book 4, Page 31 of the Public Records of Broward County,
Florida; all being more particularly described as follows:
Commen--ing at the Southwest corner of said Section 33; thence S- 87e 39' 57" E, along
the South line of Said Section 33, a distance of 53.05 feet to the Point of Beginning of
this description, thence S. 0e 09' 03" E., a distance of 392.86 feel; thence S. 89e 33' 35"
E., a diet rote of 400,00 feet; thence N. 00 09' 03" w., a distance of 435.00 feet; thence
N. 89e 3.' 35" W. along the South Right -of -Way line of Southgate Boulevard and being
a line 280.0 feet South of and parallel with as measured at right angles tithe South
Right -of Vay line of the Central and Southern Florida Flood Control District C-14 Canal,
a distanc3 of 400.00 feet; thence S. 00 09' 03" E., a distance of 42.14 feet to the Point
of Beginning. Said lands situate, lying and being in the City of Tamarac, Broward
Count)!, I lorida, and containing 3.9943 acres more or less.
McLkGLIN MINEERING CO.
NOTFSt
.(i) THIS IS NUr A 5(1RVEY. �—
(2) This sketch reflects all ememEnts and rights-of-oay as shown an the
��i����.,
d we referenced plat. the subject property was not abstracted for
•gold A. haught irf
other easeIrents. road raservaticns. or rights-of-�gy of record by
Peaistered Land Surveyor W.5269
Maallghlln Engineering (a.
StaL of Florida
(3) Bearings refer to S 8703)1571, E. for the South line of Section 33.
(4) DescHptien prepared by McLaughlin Engineering Co. this 6th day of
5eptesber 1995. and does not infer title or o4nership.
(5) P.0.8.- Point of Beginni g. P.O.C.- Point of fit. S.W.- Scutiwst. b? YO.- Boulevard. �Korterl ine.
(7) THIS DRINING IS NOT VALI7 MUSS SEALED WITH AN D BM SIMEYORS SEAL.
FIELD BOOK NO,
3-.3,IR67
JOB ORDER NO.
DRAWN BY
CHECKED BY
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MPLAUGHUN ENGINEERING
ENGINEERS -SURVEYORS
400 Norkhent'(bW AVOU"
FT. LAUDBIUWA FLOMA 88301
Telephone (805) 763-7811
Tel -Pier (806) 763-7615
EXHIBIT "B"
SDUT'HGAT�,: 130W,E11Ae
.A/ 8Z 4,; a4'w
-*t•Z7' h/ 89'�3'3B W /
PROF05E9 DEOICAT►oN
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Not` TU *A- 4 _
Proposed SRANGA LA AT WOODMONT
PLAT
SKETCH AND DESCRIPTION -UTILITY EASEMENT
A portion of Tract 21. FLORIDA FRUIT LANDS CO. SUBDIVISION NO. 2 of Section 33, Township 48 South. Range 41
East. according to the plat thereof recorded in Plat Book 1. Page 102, of the public records of Palm Beach
County. Florida. together with portions of Tracts 3 and 4. FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section
4. Township 49 South. Range 41 East. according to the plat thereof recorded in Plat Boo( 4. Page 31. of the
public records of Broward County. Florida. and being all more fully described as follows:
Cam encing at the Southwest corner of said Section 33. thence South 87039,57" East. on the South line of
said Section 33. a distance of 68.05 feet to the Point of Beginning: thence South 00°09'D3" East. a distance of
271.20 feet: thence South 89°50157" West. a distance of 15.00 feet: thence South 00009103" East. a distance of
121.01 feet; thence South 89Q33135" East. a distance of 15.00 feet: thence North 00009'03" West. a distance of
89.16 feet: thence North 89°50'57" East. a distance of 253.98 feet; thence South OO°09103" East. a distance of
91.88 feet; thence South 89033135" East. a distance of 32.00 feet: thence North 00909'03" West. a distance of
423.00 feet: thence North 890MI38" West. a distance of 32.00 feet; thence South 00009103" East. a distance of
299.12 feet: thence North 89°50'57" West. a distance of 231.98 feet: thence North 00009103" West. a distance of
307.85 feet: thence North 82°43104" West. a distance of 32.27 feet; thence South 00009103" East. a distance of
40.83 feet to the Point of Beginning.
Said land situate. lying and being in the City of Tamarac. Brarard County. Florida. and containing 33.718
square feet or 0.7741 Acres more or less.
Certified correct. Dated at Fort Lauderdale. Florida. this 31st day of October."lb95.
NOM: McLk%1LIN ENGINEERING CO.
(1) THIS IS NOT A SURVEY.
(2) This sketch reflects all he ementssubJec and rightproperty
was riot as sham ed the
above referenced plat. The subject property was not abstracted for
other easements. road reservations. or•rights-of-way of record by Carl E. Albrektsen
McLaughlin Engineering Co. Registereu Land Surveyor No.4185
(3) Bearings refer to an assumed bearing of South 87039157" East for the State of Florida
South line of Section 33.
(4) Description prepared by McLaughlin Engineering Co, this 31st day of
October. 1995. and does not infer title or ownership.
(5) P.O.B. - Point of Beginning. P.Q.C. = Point of Cent. S.W. =Southwest. Blvd.=Boulevard. t=Centerline.
(6) THIS DRAWING IS NOT VALID UNLESS SEALED WITH AN EMBOSED SURVEYORS SEAL.
FIELD BOOK NO.
DRAWN BY r%F61