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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-037Temp. Reso. #TR13262 April 15,2019 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019 - 37 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE GRANTING OF TWO UTILITY AND ACCESS EASEMENTS TO BROWARD COUNTY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SEWAGE FLOW METER TO MONITOR THE AMOUNT OF SEWAGE RECEIVED FROM TAMARAC, ON THE PROPERTY LOCATED AT 6601 SOUTHGATE BOULEVARD; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID UTILITY AND ACCESS EASEMENTS TO BROWARD COUNTY FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SEWAGE FLOW METER TO MONITOR THE AMOUNT OF SEWAGE RECEIVED FROM TAMARAC ON THE PROPERTY LOCATED AT 6601 SOUTHGATE BOULEVARD; 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 of Tamarac pumps sewage to Broward County's Wastewater Plant for treatment; and WHEREAS, Broward County presently measures Tamarac's sewage flow utilizing an existing flow meter located at 7605 NW 61 st Street adjacent to the City's Water Plant; and WHEREAS, in recent years this meter has been having issues recording accurate flows which were determined to be due to the location of said meter, and Temp. Reso. #TR13262 April 15,2019 Page 2 of 5 WHEREAS, the decision was made to replace the inaccurate meter and relocate the new meter at the exit point of the City's system; and WHEREAS, the Broward County Wastewater Flow Meter Project located at 6601 Southgate Boulevard will require the installation of a sewage flow meter; and WHEREAS, two Utility and Access Easements are required by Broward County for the construction, installation, operation and for any future repair, replacement and/or maintenance of the proposed flow meter; and WHEREAS, the City, as owner of the stated property at 6601 Southgate Boulevard has offered two Utility and Access Easements (copies of which are attached hereto as "Exhibit 1" and "Exhibit 2") to Broward County; and WHEREAS, Florida Power & Light Company are required to and have provided a Letter of No Objection (a copy of which is attached hereto as "Exhibit 3"), and WHEREAS, the Director of Public Services recommends that the Utility and Access Easements be granted to Broward County; and WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve two Utility and Access Easements for the construction and installation as well as future maintenance and operation of the required flow meter, and to authorize the appropriate City Officials to execute said Utility and Access Easements for the construction and installation as well as future maintenance and operation of the required flow meter to Broward County at the stated property located at 6601 Southgate Boulevard. Temp. Reso. #TR13262 April 15,2019 Page 3 of 5 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 confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission of the City of Tamarac hereby authorizes the granting of two Utility and Access Easements to Broward County for the construction, installation, operation and for any future repair, replacement and/or maintenance of the required flow meter on the stated property located at 6601 Southgate Boulevard; and the appropriate City Officials are hereby authorized to execute said easement. 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. Temp. Reso. #TR13262 April 15,2019 Page 4 of 5 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. "The remainder of this page is left blank intentionally" 1 1 1 Temp. Reso. #TR13262 April 15,2019 Page 5 of 5 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this o,/- day of 1 , 2019. ATTEST: PATRICIA TEOFE , 6MC CITY CLERK /� I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM 4SWEZ S. GO E CITY ATTORNEY MICHELLE J. G M Z MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN -= DIST 3: COMM. FISHMAN ,�ty DIST 4: V/M PLACKO Return to: Broward County Real Property Section 115 South Andrews Avenue, Room 501 Fort Lauderdale, Florida 33301 Prepared by: Annika E. Ashton Office of the County Attorney, Broward County 115 South Andrews Avenue, Room 423 Fort Lauderdale, Florida 33301 Folio Number: 4841-34-00-0023 UTILITY AND ACCESS EASEMENT BETWEEN CITY OF TAMARAC AND BROWARD COUNTY AGREEMENT INSTR # 1168775441 Recorded 0611 B119 at 03117 PM Broward County Commis'pion 9 Page(s) s $O.Od Deed Doc Stamp i #2 This UTILITY AND ACCESS EASEMENT AGREEMENT ("Easement Agreement") between the City of Tamarac, a Florida municipal corporation, whose address is 7525 Northwest 88 Avenue, Tamarac, Florida 33321 ("Grantor"), and Broward County, a political subdivision of the State of Florida, whose address is Governmental Center, 115 S. Andrews Avenue, Fort Lauderdale, Florida 33301 ("Grantee"), is entered into and effective as of the date this Easement Agreement is accepted by Grantee. Grantor and Grantee are hereinafter referred to collectively as the "Parties," and individually referred to as a "Party." RECITALS A. Grantor is the owner of the Property, as defined in Section 2, located at 6601 Southgate Boulevard, Tamarac, Florida 33321. B. Grantee desires a utility and access easement on, over, under, across, and through a portion of the Property for the installation of wastewater pipes. C. Grantor is willing to grant such an Easement, as specifically defined in Section 3, to Grantee pursuant to this Easement Agreement. EASEMENT NOW, THEREFORE, for and in consideration of the mutual terms and conditions contained herein, and the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby declare as follows: Page 1 of 5 ci 1. Recitals. The recitals set forth above are true, accurate, and fully incorporated by reference herein. 2. Description of Property. Grantor is the owner of that certain real property, as more particularly described in Exhibit A, attached hereto and made a part hereof ("Property"). 3. Grant of Easement. Grantor hereby grants to Grantee, its licensees, agents, independent contractors, successors, and assigns, an unrestricted and perpetual nonexclusive utility and access easement on, over, under, across, and through a portion of the Property, as more particularly described in Exhibit B, attached hereto and made a part hereof, together with any incidental or necessary appurtenances thereto ("Easement Area"), for the construction, installation, operation, maintenance, repair, and replacement of wastewater pipes ("Easement"). 4. Use of Easement Area. The grant of said Easement, as described herein, shall be limited to the right (i) of ingress, egress, and access on, over, under, across, and through the Easement Area; and (ii) to install, operate, maintain, repair, and replace a wastewater pipes and appurtenant equipment within the Easement Area. 5. Grantor's Use of Property. Grantor retains the right to engage in any activities on, over, under, across, or through the Easement Area and shall, for its own purposes, utilize the Property in any manner that does not unreasonably interfere with the Easement. 6. Amendments. This Easement Agreement may be amended, altered, or modified only by written agreement between the Parties, or their heirs, assigns, or successors -in -interest, which shall be recorded in the Public Records of Broward County, Florida 7. Prior Agreements. This Easement Agreement represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The Parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Easement Agreement that is not contained in this written document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 8. Jurisdiction, Venue, Waiver of Jury Trial. This Easement Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Easement Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Easement Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either Party may claim by virtue of its residency or Page 2 of 5 other jurisdictional device. BY ENTERING INTO THIS EASEMENT AGREEMENT, GRANTOR AND GRANTEE HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS EASEMENT AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS EASEMENT AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 9. Binding Effect. This Easement Agreement shall run with the land, and shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors, and assigns. 10. Incorporation by Reference. Attached Exhibits A and B are incorporated into and made a part of this Easement Agreement. 11. Representation of Authority. Each individual executing this Easement Agreement on behalf of a Party hereto hereby represents and warrants that he or she is, on the date he or she signs this Easement Agreement, duly authorized by all necessary and appropriate action to execute this Easement Agreement on behalf of such Party and does so with full legal authority. 12. Recording. Grantee, at its own expense, shall record this fully executed Easement Agreement in its entirety in the Public Records of Broward County, Florida. [Signatures on Following Pages] Page 3 of 5 TR 13262 - EXHIBIT 2 IN WITNESS WHEREOF, the undersigned has signed and sealed this Instrument on the respective date under its signature: CITY OF TAMARAC, signing by and through its MRGIOR , authorized to execute same, and BROWARD COUNTY, through its Board of County Commissioners, signing by and through its Mayor or Vice -Mayor, authorized to execute same by Board action on the 9t day of (Agenda Item # - " ). it "Lt P,R�C' GRANTOR ATTEST:.' 5�1E� ®City of Tamarac, a Florida municipal cc;corporatio n -, By: ��� Print Na e: MICHELL J. MEZ PATRICIA TEUF L, U C0V \,`\' Title: MAYOR CITY CLERK rr i 11110 as day of , 20/9 APPROV D AS TO ORM k eo- S SAMJJEL S. GOREqj CITY ATTORNEY ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of , " t_�_, 20, by 14 cAel% �• dam �' a- as / al_4o of CITY OF TAMARAC, a Florida municipal corporation, D4 who is personally known to me or [ ] who has produced /V/ /fit as identification. State of Florida My Commission Expires: 4 Commission Number: 4t, (Notary Sea[) Page 4 of 5 Notary Public:�%� Signature: Print Name: TUNA M Ytl P_�L' �EL1 TINA M. WHEATLEY •`: Notary Public State of Floriia Commission N GG 224699 My Comm. Expires Aug 6, 2022 bonded through National Notary Assn. UTILITY AND ACCESS EASEMENT AGREEMENT BETWEEN CITY OF TAMARAC AND BROWARD COUNTY. Accepted By: mmg_-7r� Broward County Administrat , a ex officio Clerk of the Browar Board of County Commissioners G O M IM I S CREASED � m © OC'f ist C1915 d GRANTEE BROWARD COUNTY, through its Board of County C;Qmmissioners By: Mayor f 7 day of 20 1 q ire) Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By (MC00 � p cv lo Annika E. Ash on (Date) • Senior Assistant County Attorney AEA/mdw 01 /03/19 Utility and Easement Access Easement Agreement -Force Main.doc #401132 Page 5 of 5 EXHIBIT A Leaal Description: A portion of that certain 100 foot Canal, lying East and North of Parcel "B", SOUTHGATE GARDENS, according to the plat thereof, as recorded in Plat Book 77, Page 27, of the public records of Broward County, Florida, being a portion of the Southeast one -quarter (SE %) of Section 34, Township 48 South, Range 41 East, Broward County, Florida, more fully described as follows: Commencing at the Southwest corner of said Section 34; thence South 88146'37" East, on the South line of said Section 34, a distance of 2918.43 feet; thence North 00014'17" West, on the Southerly extension of the West line of said 100 foot Canal, a distance of 242.79 feet to the Point of Beginning; thence continuing North 00014'17" West, on said West line, a distance of 298.04 feet; thence South 89133'35" East, on the South right-of-way line of the C-14 Canal, a distance of 100.01 feet; thence South 00,114'17" East, on the East line of said 100 foot Canal, a distance of 332.17 feet; thence North 70047'08" West, on the North right-of-way line of Southgate Boulevard (106 foot right-of-way), a distance of 106.05 feet to the Point of Beginning. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida. Site Address: 6601 Southgate Boulevard, Tamarac, Florida 33321 Folio Number: 4841 34 00 0023 CANAL 0-14 / LEGEND' THIS POMPANO CANAL t MORE OR LESS SKETCH B.C.R. BROWARD COUNTY RECORDS TFPLSTATION FP&L FLORIDA POWER & LIGHT COMPANY LB FLORIDA LICENSED BUSINESS NUMBER NTS NOT TO SCALE sOU�'O4>E eLro 0.R.B. OFFICIAL RECORDS BOOK P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT j R/W RIGHT OF WAY P.B. PLAT BOOK PG. PAGE NW e4rH sr NW 84TH ST SW 3RD ST. rc H SW 3RD CT. � U Z LOCATION MAP: NOT TO SCALE SURVEY NOTES: 1. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR, BASED UPON THE LOCATIONS AND DIMENSIONS AS PER THE SOUTHGATE METER PROPOSED SITE PLAN, PROJECT NUMBER 6005-110235. SHEET C-6, AS PREPARED BY CDM SMITH, DATED MARCH 2O17, AND PROVIDED BY THE CLIENT. 2. KEITH AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION NUMBER IS L.B.#6860. 3. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. IT IS A VIOLATION OF RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE TO ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE SURVEYOR. ADDITIONS AND DELETIONS MADE TO THE FACE OF THIS SKETCH AND DESCRIPTION WILL MAKE THIS DOCUMENT INVALID. 5. THIS SKETCH AND DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY. 6. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING OF NORTH 72'12'14" WEST ALONG THE NORTH LINE OF SOUTHGATE BOULEVARD, AS RECORDED IN OFFICIAL RECORDS BOOK 4901, PAGE 372, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 7. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. B. THE INTENDED DISPLAY SCALE FOR THIS SKETCH IS 1"= 30' OR SMALLER. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH & DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON OCTOBER 12, 2017 MEETS THE STANDARDS OF PRACTICE AS PER RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KEITH & ASSOCIATES, INC. CONSULTING ENGINEERS TIMOTHY H. GRAY PROFESSIONAL SURVEYOR AND MAPPER REGISTRATION No. 6604 STATE OF FLORIDA UTILITY EASEMENT SKETCH & DESCRIPTION A PORTION OF THE SOUTHEAST QUARTER SECT/ON 34, TOWNSHIP 48 S., RANGE 41 E. CITY OF TAMARAC, BROWARD COUNTY, FLORIDA T.1'- 'L�'ITF3 i CONSULTING ENGINEERS 301 EAST ATLANTIC BOULEVARD POMPANO BEACH, FLORIDA 33060-6643 (954)788-3400 FAX (954)788.3500 EMAIL: mail keith-associates.com LB NO.6860 DATE 10/12/17 SCALE FIELD BK.IN D{4 C BY THG BY LP DATE REWS/ONS SHEET 1 OF 3 DRAW/NG N0. 00.E3 - GI SKETCH AND LEGAL _�]CHK. C LEGAL DESCRIPTION: PORTIONS OF THE SOUTHEAST ONE -QUARTER (S.E. X) OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 41 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: COMMENCING AT THE NORTHEAST CORNER OF TRACT "A", "NORTH LAUDERDALE VILLAGE SECTION TWO", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 77, PAGE 4, BROWARD COUNTY PUBLIC RECORDS, THENCE, ALONG THE WEST LINE OF A 120' CANAL RIGHT OF WAY AS DESCRIBED IN O.R.B. 4151, PAGE 969, BROWARD COUNTY RECORDS, NORTH 01'14'18" WEST, 202.78' TO THE INTERSECTION WITH THE NORTH LINE OF SOUTHGATE BOULEVARD, A 106' RIGHT OF WAY AS DESCRIBED IN O.R.B. 4901, PAGE 372, BROWARD COUNTY RECORDS; THENCE, ALONG SAID NORTH LINE, NORTH 72'12'14" WEST, 227.76'; THENCE NORTH 07'14'18" WEST, 79.33' TO THE INTERSECTION WITH THE SOUTH LINE OF AN 180' FP&L EASEMENT AS RECORDED IN O.R.B. 4010, PG. 477, BROWARD COUNTY RECORDS; THENCE ALONG SAID SOUTH LINE, NORTH 89'01'18" EAST, 10.42' TO THE POINT OF BEGINNING OF THE HERON DESCRIBED PROPERTY; THENCE NORTH 01'08'06" WEST, 157.08% THENCE NORTH 46'08'51" WEST, 13.77'; THENCE NORTH 01'08'08" WEST, 13.21' TO THE SOUTH LINE OF THE C-14 CANAL (BROWARD COUNTY FOLIO NUMBER 4841-34-00-0110); THENCE, ALONG SAID SOUTH LINE, NORTH 89'01'18" EAST, 4.00% THENCE SOUTH 01'08'08" EAST, 11.55% THENCE SOUTH 46'08'51" EAST, 13.77; THENCE SOUTH 01'08'06" EAST, 158.75' TO SAID SOUTH LINE OF SAID 180' FP&L EASEMENT, THENCE, ALONG SAID SOUTH LINE, SOUTH 89-01-18" WEST, 4.00' TO THE POINT OF BEGINNING; SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND CONTAINING 736 SQUARE FEET, MORE OR LESS. PARCEL 2: COMMENCING AT THE NORTHEAST CORNER OF TRACT "A", "NORTH LAUDERDALE VILLAGE SECTION TWO", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 77, PAGE 4, BROWARD COUNTY PUBLIC RECORDS, THENCE, ALONG THE WEST LINE OF A 120' CANAL RIGHT OF WAY AS DESCRIBED IN O.R.B. 4151, PAGE 969, BROWARD COUNTY RECORDS, NORTH 01-14-18" WEST, 202.78' TO THE INTERSECTION WITH THE NORTH LINE OF SOUTHGATE BOULEVARD, A 106' RIGHT OF WAY AS DESCRIBED IN O.R.B. 4901, PAGE 372, BROWARD COUNTY RECORDS; THENCE, ALONG SAID NORTH LINE, NORTH 72'12'14" WEST, 227.76% THENCE NORTH 01'14'18" WEST, 79.33' TO THE INTERSECTION WITH THE SOUTH LINE OF AN 180' FP&L EASEMENT AS RECORDED IN O.R.B. 4010, PG, 477, BROWARD COUNTY RECORDS; THENCE ALONG SAID SOUTH LINE, NORTH 89'01'18" EAST, 43.43' TO THE POINT OF BEGINNING OF THE HERON DESCRIBED PROPERTY; THENCE NORTH 01'08'07" WEST, 154.22'; THENCE NORTH 43'51'58" EAST, 38.36' TO THE SOUTH LINE OF THE C-14 CANAL (BROWARD COUNTY FOLIO NUMBER 4841-34-00-0110); THENCE, ALONG SAID SOUTH LINE, NORTH 89'01'18" EAST, 5.64% THENCE SOUTH 43'51'58" EAST, 3B.68'; THENCE SOUTH 01'08'07" EAST, 152.58' TO SAID SOUTH LINE OF SAID 180' FP&L EASEMENT, THENCE, ALONG SAID SOUTH LINE, SOUTH 89'01'18" WEST, 4.00' TO THE POINT OF BEGINNING; SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND CONTAINING 764 SQUARE FEET, MORE OR LESS. UTILITY EASEMENT SKETCH & DESCRIPTION tl"EIT�� i A PORTION OF THE CONSULTING ENGINEERS SOUTHEAST QUARTER 301 EAST ATLANTIC BOULEVARD POMPANO BEACH, FLORIDA 33060-6643 I SECTION 34, (954) 788-3400 FAX (954) 788.3500 TOWNSHIP 48 S., RANGE 47 E. EMAIL: matlQkeith-associates.com LB NO.6860 SHEET 2 OF 3 CITY OF TAMARAC, BROWARD COUNTY, FLORIDA DRAW/NO NO.. OW.23 - CAI SKETCH AND LEGAL SCALE: 1'=30' 1 ac P.O.B. (1) 10.42' _ 43.43 N 89'01'18" E —� P.O.B. (2) I a0 - SOUTH LINE, 180' FP&L EASEMENT �rrM O.R.B. 4010, PG. 477, B.C.R. OI z . NB�R 7 11ING V0 BgS1$) 22776-'- .W\ NORTH LINE, SOUTHGATE BLVD 13 (106' RIGHT OF WAY) O.R.B. 4901, PG. 372, B.C.R. 00Io�o ¢� 3m C'4 `} o cD Io Li z s Z �a to _ w< P.O.C. 3 z Lo NE CORNER, I U TRACT "A" b m N� TRACT "A" "NORTH LAUDERDALE VILLAGE SECTION TWO" P.B. 77, PG. 4, B.C.R. SOUTH LINE, C-14 CANAL, FOLIO# 4841-34-00-0110 N 89*01'18" E 4.00' ,�4; w w w N w O on I =_ 0u) � Ln 3 �rn'n aD� 00. z z OM p� NCo 0r eP to ,H Inco MM Or7 -H to tz t N z u- w Li =5 S.E. Y4, SECTION 34, vi TOWNSHIP 48 S, RANGE 41 E. ram') t` n Q r N 00 rl00 If) d' u) N N 3 w 3 w 0 0 0 0 o 0 0 0 0 0 0 0 z to Z cn 3 3 o -o o� o.� 00 to P.O.B. (1) SOUTH LINE, 180' FP&L EASEMENT O.R.B. 4010, PG. 477, B.C.R. P.O.B. (2) UTILITY EASEMENT SKETCH &DESCRIPTION A PORT/ON OF THE SOUTHEAST QUARTER SECTION j4, TOWNSHIP 48 S, RANGE 41 E. CITY OF TAMARAC, BROWARD COUNTY, FLORIDA T,lEIT�3' i CONSULTING ENGINEERS 301 EAST ATLANTIC BOULEVARD POMPANO BEACH, FLORIDA 33060-6643 (954) 788-3400 FAX (954) 788-3500 EMAIL: malIQkeith-associates,com LB NO.6860 DATE 10/12/17 SCALE 1"=30 FIELD 8K. N/A OWNG. BY THG CHK. BY LP DATE REVISIONS SHEET 3 OF 3 DRAWING NO. 0640023 - G1 SKE CN MD LEGAL Return to: Broward County Real Property Section 115 South Andrews Avenue, Room 501 Fort Lauderdale, Florida 33301 Prepared by: Annika E. Ashton Office of the County Attorney, Broward County 115 South Andrews Avenue, Room 423 Fort Lauderdale, Florida 33301 Folio Number: 4841-34-00-0023 UTILITY AND ACCESS EASEMENT AGREEMENT BETWEEN CITY OF TAMARAC AND BROWARD COUNTY INSTR # 1168776461 Recorded 06/18/19 at 03117 PM Broward County Commission 8 Page(s) Deed Doc Stamps: $0.0d #3 This UTILITY AND ACCESS EASEMENT AGREEMENT ("Easement Agreement") between the City of Tamarac, a Florida municipal corporation, whose address is 7525 Northwest 88 Avenue, Tamarac, Florida 33321 ("Grantor"), and Broward County, a political subdivision of the State of Florida, whose address is Governmental Center, 115 S. Andrews Avenue, Fort Lauderdale, Florida 33301 ("Grantee"), is entered into and effective as of the date this Easement Agreement is accepted by Grantee. Grantor and Grantee are hereinafter referred to collectively as the "Parties," and individually referred to as a `Party." RECITALS A. Grantor is the owner of the Property, as defined in Section 2, located at 6601 Southgate Boulevard, Tamarac, Florida 33321. B. Grantee desires a utility and access easement on, over, under, across, and through a portion of the Property for a sewage flow meter. C. Grantor is willing to grant such an Easement, as specifically defined in Section 3, to Grantee pursuant to this Easement Agreement. EASEMENT NOW, THEREFORE, for and in consideration of the mutual terms and conditions contained herein, and the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby declare as follows: Page 1 of 5 1. Recitals. The recitals set forth above are true, accurate, and fully incorporated by reference herein. 2. Description of Property. Grantor is the owner of that certain real property, as more particularly described in Exhibit A, attached hereto and made a part hereof ("Property"). 3. Grant of Easement Grantor hereby grants to Grantee, its licensees, agents, independent contractors, successors, and assigns, an unrestricted and perpetual nonexclusive utility and access easement on, over, under, across, and through a portion of the Property, as more particularly described in Exhibit B, attached hereto and made a part hereof, together with any incidental or necessary appurtenances thereto ("Easement Area"), for the construction, installation, operation, maintenance, repair, and replacement of a sewage flow meter to monitor the amount of sewage received from Tamarac, Florida ("Easement"). 4. Use of Easement Area. The grant of said Easement, as described herein, shall be limited to the right (i) of ingress, egress, and access on, over, under, across, and through the Easement Area; and (ii) to install, operate, maintain, repair, and replace a sewage flow meter and appurtenant equipment within the Easement Area for monitoring and recording the amount of sewage received from Tamarac, Florida. 5. Grantor's Use of Property. Grantor retains the right to engage in any activities on, over, under, across, or through the Easement Area and shall, for its own purposes, utilize the Property in any manner that does not unreasonably interfere with the Easement. 6. Amendments. This Easement Agreement may be amended, altered, or modified only by written agreement between the Parties, or their heirs, assigns, or successors -in -interest, which shall be recorded in the Public Records of Broward County, Florida 7. Prior Agreements. This Easement Agreement represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The Parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Easement Agreement that is not contained in this written document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 8. Jurisdiction, Venue, Waiver of Jury Trial. This Easement Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Easement Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for Page 2 of 5 litigation arising out of this Easement Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either Party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS EASEMENT AGREEMENT, GRANTOR AND GRANTEE HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS EASEMENT AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS EASEMENT AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 9. Bindina Effect. This Easement Agreement shall run with the land, and shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors, and assigns. 10. Incorporation by Reference. Attached Exhibits A and B are incorporated into and made a part of this Easement Agreement. 11. Representation of Authority. Each individual executing this Easement Agreement on behalf of a Party hereto hereby represents and warrants that he or she is, on the date he or she signs this Easement Agreement, duly authorized by all necessary and appropriate action to execute this Easement Agreement on behalf of such Party and does so with full legal authority. 12. Recording. Grantee, at its own expense, shall record this fully executed Easement Agreement in its entirety in the Public Records of Broward County, Florida. [Signatures on Following Pages] Page 3 of 5 TR 13262 - EXHIBIT 1 IN WITNESS WHEREOF, the undersigned has signed and sealed this Instrument on the respective date under its signature: CITY OF TAMARAC, signing by and through its "�Mf t v , authorized to execute same, and BROWARD COUNTY, through its Board of County Commissioners, signing by and through its Mayor or Vice -Mayor authorized to execute same by Board action on the day of , (Agenda Item # �X%11111iii/j /� �, 4N 'r cP AR�o GRANTOR cc — ATTEST: "U �(?:!a.g�3 Q= City of Tamarac, a Florida municipal corporation R D GO� By. as Print N e: MICHELL J. GOMEZ PATRICIA TEUFEL,UMC_ Title: MAYOR CITY CLERK �� day of , 20J7 APPR Vf D AS TO F RM A4A s)2I hi SAMUEL S. GORE CITY ATTORNEY ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this �Z 2- day of , 20 by a//Y T 6o/t'te z as d'or of CITY OF TAMARAC, a Florida municipal corporation, [X, j who is ersonally known to me or [ ] who has produced h4' as identification. NotaN Public: Signature: Print Name: 7i,✓q State of Florida //;; Dao� My Commission Expires: d` U Commission Number: C,rS old Y6 8 (Notary Seal) Page 4 of 5 9.W. TINA M. WHEATLEY Notary Public - State oI Florida Commission N GG 224669 My Comm. Expires Aug 6, 2022 Bonded through National Notary Assn. UTILITY AND ACCESS EASEMENT AGREEMENT BETWEEN CITY OF TAMARAC AND BROWARD COUNTY. Accepted By: 7 ATT T: Br ward County Admin as ex officio Clerk of the Broward County Board of County Commissioners 0 t�tMt1,9 ,9 � �. Ist Lr � �L.• ��� y rzrt�cicuc GRANTEE BROWARD COUNTY, through its Board of County CoLnmissioners By: ���� i Mayor n 1 ay of �ti��'` 120 f 7 Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By (�(WAIW (P 01M Annika E. Ashton (Date) Senior Assistant County Attorney AEA/mdw 01/03/19 Utility and Easement Access Easement Agreement - Sewage Flow Meter.doc #290618 Page 5 of 5 EXHIBIT A Legal Description: A portion of that certain 100 foot Canal, lying East and North of Parcel "B", SOUTHGATE GARDENS, according to the plat thereof, as recorded in Plat Book 77, Page 27, of the public records of Broward County, Florida, being a portion of the Southeast one -quarter (SE %) of Section 34, Township 48 South, Range 41 East, Broward County, Florida, more fully described as follows: Commencing at the Southwest corner of said Section 34; thence South 88°46'37" East, on the South line of said Section 34, a distance of 2918.43 feet; thence North 00014'17" West, on the Southerly extension of the West line of said 100 foot Canal, a distance of 242.79 feet to the Point of Beginning; thence continuing North 00014'17" West, on said West line, a distance of 298.04 feet; thence South 89133'35" East, on the South right-of-way line of the C-14 Canal, a distance of 100.01 feet; thence South 00014'17" East, on the East line of said 100 foot Canal, a distance of 332.17 feet; thence North 70047'08" West, on the North right-of-way line of Southgate Boulevard (106 foot right-of-way), a distance of 106.05 feet to the Point of Beginning. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida. Site Address: 6601 Southgate Boulevard, Tamarac, Florida 33321 Folio Number: 4841 34 00 0023 EXHIBIT-B LEGAL DESCRIPTION: A PORTION OF THE SOUTHEAST ONE -QUARTER (S.E. Y4) OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 41 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT "A", "NORTH LAUDERDALE VILLAGE SECTION TWO", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 77, PAGE 4, BROWARD COUNTY PUBLIC RECORDS, THENCE, ALONG THE WEST LINE OF A 120' CANAL RIGHT OF WAY AS DESCRIBED IN O.R.B. 4151, PAGE 959, BROWARD COUNTY RECORDS, NORTH 01'14'18" WEST, 202.78' TO THE INTERSECTION WITH THE NORTH LINE OF SOUTHGATE BOULEVARD, A 106' RIGHT OF WAY AS DESCRIBED IN O.R.B. 4901. PAGE 372, BROWARD COUNTY RECORDS; THENCE, ALONG SAID NORTH LINE, NORTH 72'12'14" WEST, 227.76'; THENCE NORTH 0114'18" WEST, 79.33' TO THE INTERSECTION WITH THE SOUTH LINE OF AN 180' FP&L EASEMENT AS RECORDED IN O.R.B. 4010, PG. 477, BROWARD COUNTY RECORDS; THENCE ALONG SAID SOUTH LINE, NORTH 89'01'18" EAST, 10.42' TO THE POINT OF BEGINNING OF THE HERON DESCRIBED PROPERTY; THENCE CONTINUE ALONG SAID SOUTH LINE, NORTH 89'01'18" EAST, 51.04'; THENCE SOUTH 0258'39" WEST, 14.70' TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST WITH A RADIUS OF 36.50 ; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10'27'04" AND AN ARC DISTANCE OF 6.66'; THENCE SOUTH 13-25'43" WEST, 3.8W TO A POINT OF CUSP OF A CURVE WITH A RADIUS OF 8.00' AND A RADIAL BEARING OF NORTH 76*34*17" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 104'24'25" AND AN ARC DISTANCE OF 14.58': THENCE SOUTH 89'01'18" WEST, 40.21 ; THENCE NORTH 01'08'06" WEST, 15.00' TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARO COUNTY, FLORIDA AND CONTAINING 781 SQUARE FEET, MORE OR LESS. THIS - SKETCH i NW 84TH NW a4TH ST z CANAL C-14 / POUPANO CANAL FPL SUBSTAMN i SOO�C4 !i e{ro LOCATION MAP: NOT TO SCALE SURVEY NOTES: 1. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR, BASED UPON THE LOCATIONS AND DIMENSIONS AS PER THE SOUTHGATE METER PROPOSED SITE PLAN, PROJECT NUMBER 6005-110235, SHEET C-6, AS PREPARED BY CDM SMITH, DATED MARCH 2017, AND PROVIDED BY THE CLIENT. 2. KEITH AND ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION NUMBER IS L.B.06860. 3. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. IT IS A VIOLATION OF RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE TO ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE SURVEYOR. ADDITIONS AND DELETIONS MADE TO THE FACE OF THIS SKETCH AND DESCRIPTION WILL MAKE THIS DOCUMENT INVALID. 5. THIS SKETCH AND DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY. 6. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING OF NORTH 72'12'14" WEST ALONG THE NORTH LINE OF SOUTHGATE BOULEVARD, AS RECORDED IN OFFICIAL RECORDS BOOK 4901, PAGE 372, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 7. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 8, THE INTENDED DISPLAY SCALE FOR THIS SKETCH IS 1"= 10' OR SMALLER. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH & DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON OCTOBER 12. 2017 MEETS THE STANDARDS OF PRACTICE AS PER RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KEITH & ASSOCIATES, INC. CONSULTING ENGINEERS TIMOTHY H. GRAY PROFESSIONAL SURVEYOR AND MAPPER REGISTRATION No. 6604 STATE OF FLORIDA UTILITY EASEMENT SKETCH k DESCRIPTION A PORTION OF THE SOUTHEAST QUARTER SECTION 34, TOWNSHIP 48 S, RANGE 41 E. CITY OF TAMARAC, BROWARD COUNTY, FLORIDA CONSULTING ENGINEERS 301 EAST ATLANTIC BOULEVARD POMPANO BEACH, FLORIDA 33060-6643 EMAIL: m l@keith0-associat0 FAX es.com LB NO.6860 CATF 10/12/17 SCALE NJA F/ELO 8K. N/A 06YNG. BY THG CHK. 9Y LP DA7E REW4510/Y5 SHEET 1 OF 2 DRAWNG NO. W4M21 - CAI SKEWN AND LEGAL LEGEND: t MORE OR LESS P.O.B. A CENTRAL ANGLE P.O.C. B.C.R. BROWARD COUNTY RECORDS R/W FP&L FLORIDA POWER & LIGHT COMPANY P.B. L ARC LENGTH PG. LB FLORIDA LICENSED BUSINESS NUMBER R 0.R.8, OFFICIAL RECORDS BOOK SCALE: 1 ' =10' 1 I POINT OF BEGINNING POINT OF COMMENCEMENT RIGHT OF WAY PLAT BOOK PACE RADIUS SOUTH LINE, 180' FP&L EASEMENT I O.R.B. 4010, PG. 477, B.C.R. N 89'01'18" E N 89'01'18"- - — — 51.04 3 P.O.B. b co ooi_ m 781 SQUARE FEET f d ^ �c; o A = 10*27'04" o r- L = 6.66' N oI o R=36.50' z z S 89'01'18" W 40.21 S.E. Y4, SECTION 34, A = 104.24'25" CBS TOWNSHIP 48 S, L = 14.58' -72NG e?s/ RANGE 41 E. R = 8.00' 2z .76 , N 76'34'17" W S 13'25'43" W NORTH LINE SOUTHGATE BLVD (RADIAL) 3.88' (106' RIGHT OF WAY) O.R.B. 4901, PG. 372, B.C.R. I� N z P.O.C. NE CORNER, TRACT "A" WEST LINE, 120' CANAL RIGHT OF WAY TRACT "A" O.R.B. 4151, PG. 696, B.C.R. "NORTH LAUDERDALE VILLAGE SECTION TWO" P.B. 77, PG. 4, B.G.R. UTILITY EASEMENT SKETCH & DESCRIPTION A PORTION OF THE SOUTHEAST QUARTER SECT/ON 34, TOWNSHIP 48 S., RANGE 41 E CITY OF TAMARAC, BROWARD COUNTY, FLORIDA .� �' � i CONSULTING ENGINEERS 301 EAST ATLANTIC BOULEVARD POMPANO BEACH, FLORIDA 33060-6643 (954)788-3400 FAX (954) 788-3500 EMAIL: malt@keith-associates.com LB NO.6860 DATE 10/12/17 SCALE 1'=10 FIELD BX. DWNG B y THG CHK. BY LP DATE Rf-WSION.S SHEET 2 OF 2 LDRAWING NO. OW.23 - CAt SKETCH AND LM& STATE OF FLORIDA ) ) SS COUNTY OF BROWARD ) i, Bertha Henry, County Administrator, in and for Broward County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution 2019-301 the same appears in the minutes of said Board of County Commissioners meeting held on the 11¢" day of June, 2019. (item 8) IN WITNESS WHEREOF, I have hereunto set my hand and official seal dated this 18Ih day of June, 2019. IIIIII 1II,,01 CREATED _ O : OCT 1st :0 =� =© 1915 (S E A L) BERTHA HENRY COUNTY ADMINISTRATOR 1, k g+ 1f•r: l:r By Deputy lerk