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Home My WebLink AboutCity of Tamarac Resolution R-97-142Temp. Reso. #7847 April 9, 1997 1 Revised June 2, 1997 CITY OF TAMARAC RESOLUTION NO. R-97 42 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 THE PEP BOYS, MANNY, MOE & JACK, INC., FOR THE PEP BOYS PROJECT LOCATED ON THE NORTHWEST CORNER OF NW 73RD AVENUE AND COMMERCIAL BOULEVARD TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the Pep Boys Project located on the northwest corner of NW 73rd Avenue and Commercial Boulevard (shown in map form as "Exhibit 1 ") was approved by City Commission on February 26, 1997; and WHEREAS, the development of the Pep Boys Project required the installation of a Water Distribution System and Sewage Collection Systems; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution and Sewage Collection Systems required to serve the Pep Boys Project; and WHEREAS, the Pep Boys, Manny, Moe & Jack, Inc., as the owner of the property has offered the "Tamarac Water and Sewer Utility Easement" for water mains, water services, fire hydrants and sanitary sewers; and Temp. Reso. #7847 April 9, 1997 2 Revised June 2, 1997 WHEREAS, it is the recommendation of the Interim Director of Utilities that this easement from the Pep Boys, Manny, Moe & Jack, Inc., be accepted and executed for the Pep Boys 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 the Pep Boys, Manny, Moe & Jack, Inc., for the Pep Boys 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 Water and Sewer Utility Easement" (attached hereto as "Exhibit 2") with the Pep Boys, Manny, Moe & Jack, Inc., for the Pep Boys Project located on the northwest corner of NW 73rd Avenue and Commercial Boulevard to allow legal access by City Utility Personnel in performing their duties, including utility installation, maintenance and operation. SE TION 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. Temp. Reso. #7847 April 9, 1997 3 Revised June 2, 1997 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 3; This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this gday of c7"UPF- 1997. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have apprq4ethis RESOLUTION as to f m. 11 n % // MITCHELL S. KRAF CITY ATTORNEY utilities/dav/aml i L� JOE SCHREIBER MAYOR _ RECORD OF COMMISSION MAYOR _ SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS _ r� • • TEMP RESO. # 7847 EXHIBIT 1 S 0 z SAINT 62 ST 62 STW % 62 ST MALACHY ] ] 7¢ 7a jj ¢ J❑HN 61 ST 3 H❑RAN TER. ] n n 61 ST ¢ �� w ] NATI❑NS r- N ANDS SE jj j/ j/� s� 60 CT 10 F�/j V ~ i a . "D a BANK j 60 ST �d r �1 % 60 ST 59 ST L 9L 59 g9 559 ST /j/j ST Ld Z 00 ¢ u�� r 58 CT 7¢ ¢ 5g 38 :�LJ n 58 ST n n a Sr ] sT Q� vi 57 PL / n II ¢ ¢ ¢ / [ MARSHALLS MAI L D SEC 9 ¢ ON � P 57 DR / %D PLAZA 57 DR 5 n CD MA NLA DS SEC 8 z 57 CT 57 CT n n z A 57 ST Y Li � w,� z ¢ ¢ ¢ z w MARKETPLACE ¢ w a a w ~ a ¢ ��a v'QELcWa PEP BOY �? i Q nCA ~a oa z zw ❑F TAMARAC o ¢ ¢ d ¢ wL) ¢tea L C❑MMERCIAL BLVD(C❑ RD. 870) LOCATION THIS SITE PEP BOYS WATER AND SEWER UTILITY EASEMENT PEPB❑YS,DWG TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: PEP BOYS NAME OF PROJECT On this 9 day of June , 199 7 , that THE PEP BOYS, MANNY, JOE & JACK, INC Pennsylvania corpration `�avmg an address of 3111 W. Allegheny Avenue, Philadelphia, Pennsylvania 19132 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 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 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 961014 1 Wsue.wpd 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. 9 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. 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. 0 961014 2 Wsue.wpd r C� ?)44---2- IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and . year first above written. 9 ATTEST: GRANTO By: 4!' �- By: Type Name Bernard K . Mc roy Type t a James A. KilberAb NOW, Corporate 5�r$fo��,y Vice President of Real Estate ~� `SEALR (Corporat ea Vp! �i tiw!6 STATE OF Pennsylvania COUNTY OF t , L - SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in thp State aforesaid and in the County afores id to take acknowledgments, personally appeared t „ ru.,Q !h me known to be the person(s) described in and who exeppi9d the foregoing instrument arYd acknowledged before me and under oath that _ executed the same. WITNESS my hand and official seal this day of 4,44L4, 1962. Notarial seal Sharon 6. Roman, Notary Public Philadelphia, Philadelphia county N ARY PUB IC, State .of Pennsylvania My Commission Expires Nov, 29, 1998 Member, Pennsylvania Aswciation of Notaries (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( Personally ki'iow to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or DID NOT take an oath. 961014 3 Wsue.w d p ( -� ?- / q.;,- n FATTEST: �'By. �) ,::x— S- _ n t Robert S. Noe, Jr., City Manager ATTEST: By: Carol A. Evans, City Clerk STATE OF FLORIDA SS COUNTY OF Broward ACCEPTED BY CITY OF TAMARAC GRANTEE By: 00--'Z- , Joe $(� reiber May r Date: June 9, 1997 By - Robert S. Noe, Jr., City Manager Date: June 9, 1997 as to fo Mitch611 $. Kraft, 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 acknowledgments, personally appeared Joe Schreiber & Robert S. Noe, Jr. to me known to be the person(s) described in and who executed the foregoing instrument and .they acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this -2— day of _ June , 199 7 ( ✓) Personally known to me, or ( ) Produced identification NOTARY PUBLIC, Stafelbf Florida at Large (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. 961014 4 RV PV OFFICIAL NOTARY SEAL CAP Bl� P14YLLIS POLIKOFF Z i * COMMISSION NUMBER � o Q CC390ION �j 4� MY COMMISSION EXP. F F4� SEPT 231998 Wsue.wpd r -cl, � - / q�2- AFFIDAVIT SHALL BE COMPLETED WHEN,MQRTGAGEE SI,CNATURE IS NOT 8PPLICABLE Vice President _ James A. Kil_berg _ do hereby affirm that I am the of Grantor and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for the ____ Pere soy,,Q_ project and that * the owner of the property covered by said Tamarac Utilities Water and Sewer Easement. *Grantor is There are no mortgages held on the property which is the subject of said Tamarac Utilities Water and Sewer Easement. FURTHER AFFIAR,T SAYETH NOT. (Sig V re) James A. Kilberg This day o 11997, 1-157 STATE OF PENNSYLVANIA : SS COUNTY OF ($4�4 ON I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesa nd in the Co ty aforesaid to take acknowledgments, personally appeared L! to me known to be the person(s) described in and wh executed�r_zzxecuted n instrument and acknowledged g ��W g before me and under oath that the same. WITNESS my hand and official seal is day of A 199-:7--. Notarial Seal Sharon 8. 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