HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-207Temp. Reso. #10535
August 23, 2004 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- A01
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 CATALINA ISLES, INC., FOR THE
CATALINA ISLES PROJECT, LOCATED ON THE WEST
SIDE OF PINE IISLAND ROAD APPROXIMATELY ONE-HALF
MILE NORTH OF COMMERCIAL BOULEVARD, TO ALLOW
LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR
INSTALLING, MAINTAINING, AND OPERATING THE WATER
DISTRIBUTION AND SEWAGE COLLECTION SYSTEM
IMPROVEMENTS; 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 Commission has approved the Site Plan for the Catalina Isles
Project, located on the west side of Pine Island Road approximately one-half mile north of
Commercial Boulevard (attached hereto in map form as "Exhibit I"); and
WHEREAS, the Catalina Isles Project requires the installation of Water Distribution
and Sewage Collection System Improvements; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution and Sewage Collection System Improvements necessary to serve the Catalina
Isles Project; and
WHEREAS, Catalina Isles, Inc., has offered a "Tamarac Water and Sewer Utility
Easement" for the Water Distribution and Sewage Collection System Improvements
associated with the Catalina Isles Project; and
Temp. Reso. #10535
August 23, 2004 2
WHEREAS, it is the recommendation of the Director of Public Works and the
Director of Utilities that this easement be accepted and executed for the Catalina Isles
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 Catalina Isles, Inc., for the Catalina
Isles Project, required for installing, maintaining and operating the Water Distribution and
Sewage Collection System Improvements.
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.
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 Catalina Isles, Inc., for the Catalina Isles Project, located on the west side of Pine
Island Road approximately one-half mile north of Commercial Boulevard, 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.
E
1
1
Temp. Reso. #10535
August 23, 2004 3
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 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 22Id day of September, 2004.
ATTEST:
f
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S.
CITY ATTO I'
JED/DM
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALAB
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
Temp. Reso. No. 10535 N
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CATALINA ISLES
EXHIBIT 9
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
SEC. 8, TWP. 49. RGE. 41
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Exhibit "2"
Temp. Reso. No. 10535
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR: Catalina Isles
NAME OF PROJECT
On this vxai day of
, 20 n , that
Catalina
Isles, Inc., having an
address of 7975 NW 154th Street
Suite 400 Miami
FL 33016,
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 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, Bell South, Sunrise Gas 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.
000615 1
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 shall hold Grantee harmless from and against all claims, liability and
expense arising from the aforesaid removal of obstructions, including the expense of
removing, relocating, restoring and replacing same.
Grantor grants to the 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.
000615 2
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
Type Name On" Vq,"
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OFI lio"% e_
GRANTOR Catalina Isles, Inc.
By: .�--
Silvio ardoso, President
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesai and in a County aforesaid to take acknowledgments, personally
appeared ��Vw P _ to me knowp to be the person(s)
described in and who executed the foregoing instrument and JLL acknowledged
before me and under oath that___ executed the same.
WITNESS my hand and official seal this �_ day of ZwU ,
20
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g .° comm"'Dd026 w L94FAU PUBL State of Florida
Expires 2114M
Bonded u,n, (SM)432-4254' at Large
Florida Notary
........................... Assn., Inc
a
Personally known to me, or
( ) Produced Identification
(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.
980605 3
ATTEST:
By:�
Marion Swenson, CIVIC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By- )ec-'
Joe chreiber
Mayor
Date:
B
Jeffrey L. ler
City Manager
Date: aL� 0 �,,,,.
itchel
: SS City Attorney y
COUNTY OF roo+p— :
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
Zaj3jt6r 43-e� e.uL. M%Ue.1- to 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 seal this dayof 4e4v- -¢�
20F .
1'"• 4'� J NnEery public � W8 pf Flcxlds
NOTAR PUBLIC, State of Florida
n�nmlaslon : potiteaes at Large
�`'
w4 aanded By National NOWY Assn.
( Personally known to me, or
( ) Produced identification
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (Pf-DID NOT take an oath
980605 4
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
By. ^� ,
Type Name _ Lyn to Pineiro
A.V. President
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF •
MORTGAGE Commercebank
Type dame Sonia Olarte
fWjblky" Senior Vice President
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 Sonin Olnrte to me known to be the person(s)
described in and who executed the foregoing instrument and she acknowledged
before me and under oath that She executed the same.
WITNESS my hand and official seal this sth day of ,rule
20 4 . .
NOSAURA JIMENEZ
Np17 Y Public - State of Florida
MYCaW* ion E*r%Ju120, 2008
t:OMMI6alon 0 00133852
Bonded By National Notary Ann.
( x) Personally known to me, or
( ) Produced Identification
N ARY PUBLIC, tate of Flo
at Large
Aosaura Jimenez
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( x) DID NOT take an oath.
980605 5
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LEGAL DESCRIPTION:
CARNAHAN • PROCTOR • CROSS INC.
CERTIFICATE OF AUTHORIZATION NO. LB 2936
6101 WEST ATLANTIC BLVD., MARGATE, FL 33063
PHONE (954)972-3959 FAX (954)972-4178 E-MAIL; margate@carnahan-proctor.com
EXHIBIT "B"
DESCRIPTION AND SKETCH
WATER AND SEWER UTILITY EASEMENT
IN "CATALINA ISLES"
A 20-FOOT WIDE STRIP OF LAND LYING IN "WOODLAND VILLAS FIRST ADDITION", ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 79, PAGE 39 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID "WOODLAND VILLAS FIRST ADDITION"; THENCE
SOUTH 00001'38" EAST, ALONG THE EAST LINE OF SAID PLAT, A DISTANCE OF 116.09 FEET TO THE
POINT OF BEGINNING #1 OF SAID CENTERLINE; THENCE SOUTH 84004'57" WEST, A DISTANCE OF 140.25
FEET; THENCE NORTH 88-59-06" WEST, A DISTANCE OF 387.09 FEET; THENCE SOUTH 00001'37" EAST, A
DISTANCE OF 91.98 FEET TO THE POINT OF TERMINATION.
AND
A 20-FOOT WIDE STRIP OF LAND LYING IN SAID "WOODLAND VILLAS FIRST ADDITION", THE CENTERLINE
OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT SAID NORTHEAST CORNER OF SAID PLAT; THENCE SOUTH 00001,38" EAST, ALONG
SAID EAST LINE OF SAID PLAT, A DISTANCE OF 343.37 FEET; TO THE POINT OF BEGINNING #2 OF SAID
CENTERLINE; THENCE NORTH 81°40'53" WEST, A DISTANCE OF 127.89 FEET; THENCE NORTH 88059'06"
WEST, A DISTANCE OF 400.07 FEET; THENCE NORTH 00001'37" WEST, A DISTANCE OF 66.28 FEET TO THE
POINT OF TERMINATION.
AND
A 15-FOOT WIDE STRIP OF LAND LYING IN SAID "WOODLAND VILLAS FIRST ADDITION", THE
CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT SAID NORTHEAST CORNER OF SAID PLAT; THENCE SOUTH 00001,38" EAST, ALONG
SAID EAST LINE OF SAID PLAT, A DISTANCE OF 143.08 FEET TO THE POINT OF BEGINNING #3 OF SAID
CENTERLINE; THENCE NORTH 88059'06" WEST, A DISTANCE OF 7.42 FEET TO A POINT TO BE KNOWN
HEREINAFTER AS REFERENCE POINT "1"; THENCE CONTINUE NORTH 88059'06" WEST, A DISTANCE OF
8.20 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "A"; THENCE CONTINUE
NORTH 88059'06" WEST, A DISTANCE OF 28,33 FEET TO A POINT TO BE KNOWN HEREINAFTER AS
REFERENCE POINT "B"; THENCE CONTINUE NORTH 88°59'06" WEST, A DISTANCE OF 77.70 FEET TO A
POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "C"; THENCE CONTINUE NORTH 88059'06"
WEST, A DISTANCE OF 85.09 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "D";
THENCE CONTINUE NORTH 88°59'06" WEST, A DISTANCE OF 64.31 FEET TO A POINT TO BE KNOWN
HEREINAFTER AS REFERENCE POINT "E"; THENCE CONTINUE NORTH 88059'06" WEST, A DISTANCE OF
99.53 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "F"; THENCE CONTINUE
NORTH 88059'06" WEST, A DISTANCE OF 48.89 FEET TO A POINT TO BE KNOWN HEREINAFTER AS
REFERENCE POINT "G"; THENCE CONTINUE NORTH 88°59'06" WEST, A DISTANCE OF 67.33 FEET TO A
POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "H"; THENCE CONTINUE NORTH 88°59'06"
WEST, A DISTANCE OF 29.82 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "I";
THENCE SOUTH 00001'37" EAST, A DISTANCE OF 96.58 FEET TO A POINT TO BE KNOWN HEREINAFTER
AS REFERENCE POINT "J"; THENCE CONTINUE SOUTH 00001'37" EAST, A DISTANCE OF 54.01 FEET TO A
POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "K"; THENCE CONTINUE SOUTH 00°01'37"
EAST, A DISTANCE OF 23.51 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "L";
THENCE SOUTH 88059'06" EAST, A DISTANCE OF 66.57 FEET TO A POINT TO BE KNOWN HEREINAFTER
AS REFERENCE POINT "M"; THENCE CONTINUE SOUTH 88059'06" WEST, A DISTANCE OF 82.55 FEET TO A
POINT TO BE KNOWN HEREINAFTER AS REFERENCE POIN)- "W; THENCE CONTINUE SOUTH 88059'06"
EAST, A DISTANCE OF 64.62 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "O";
THENCE CONTINUE SOUTH 88059'06" EAST, A DISTANCE OF 99.90 FEET TO A POINT TO BE KNOWN
HEREINAFTER AS REFERENCE POINT "P"; THENCE CONTINUE SOUTH 88059'06" EAST, A DISTANCE OF
80.02 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "Q"; THENCE CONTINUE
SOUTH 88059'06" EAST, A DISTANCE OF 29.32 FEET; THENCE SOUTH 77°37'27" EAST, A DISTANCE OF
56.00 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "R"; THENCE SOUTH
77036'41" EAST, A DISTANCE OF 3.93 FEET; THENCE SOUTH 88059'06" EAST, A DISTANCE OF 15.50 FEET
TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "S"; THENCE CONTINUE SOUTH
88059'06" EAST, A DISTANCE OF 12.18 FEET; THENCE NORTH 00°01'37" WEST, A DISTANCE OF 185.91
FEET, TO THE AFOREMENTIONED REFERENCE POINT #1 AND THE POINT OF TERMINATION.
WOODLAND VILLAS FIRST ADDITION I JOB NO.: 020305 I DATE: 06-18-04 SHEET 1 OF 4 SHEETS
s:\020801\IegaIs\ue-wat-sew.doc
LEGAL DESCRIPTION (CONTINUED)
AND
BEGINNING AT THE AFORESAID REFERENCE POINT "0"; THENCE NORTH 01 000'54" EAST, A DISTANCE OF
48.59 FEET TO THE POINT OF TERMINATION.
AND
BEGINNING AT THE AFORESAID REFERENCE POINT "P"; THENCE SOUTH 01000'54" WEST, A DISTANCE OF
74.48 FEET TO THE POINT OF TERMINATION.
AND
BEGINNING AT THE AFORESAID REFERENCE POINT "Q"; THENCE NORTH 01000'54" EAST, A DISTANCE OF
50,77 FEET TO THE POINT OF TERMINATION.
AND
BEGINNING AT THE AFORESAID REFERENCE POINT "R"; THENCE SOUTH 12*22*33" WEST, A DISTANCE
OF 6.10 FEET; THENCE SOUTH 01000'54" WEST, A DISTANCE OF 54.20 TO THE POINT OF TERMINATION.
AND
BEGINNING AT THE AFORESAID REFERENCE POINT "S"; THENCE NORTH 01 000'54" EAST, A DISTANCE OF
19.32 FEET TO THE POINT OF TERMINATION.
Up,kED
BEGINNING AT THE AFORESAID REFERENCE POINT "T"; THENCE NORTH 89°58'23" EAST, A DISTANCE OF
25.37 FEET TO THE POINT OF TERMINATION.
AND
BEGINNING AT THE AFORESAID REFERENCE POINT "U"; THENCE NORTH 89-58'23" EAST, A DISTANCE OF
18.89 FEET TO THE POINT OF TERMINATION.
SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED SO AS TO CREATE A CONTINUOUS
STRIP AND TO TERMINATE AT PLAT LINES.
SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
NOTES
1. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC., AND SHALL NOT BE USED
OR REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION.
3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY,
AND RESTRICTIONS OF RECORD.
4. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED.
5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION
CONCERNING RIGHTS -OF -WAY, EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF
PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION NEED BE OBTAINED-
6. THIS IS NOT A SURVEY.
ABBREVIATIONS
A = ARC LENGTH F.P,L. = FLORIDA POWER & LIGHT CO. P.O.C. = POINT OF COMMENCEMENT
B.C.R. = BROWARD COUNTY RECORDS L.M.E. = LAKE MAINTENANCE EASEMENT P.O.T, = POINT OF TERMINATION
C.M.E.= CANAL MAINTENANCE EASEMENT N.T.S. = NOT TO SCALE R = RADIUS
D - DELTA (CENTRAL ANGLE) O.R,B. = OFFICIAL RECORD BOOK REF -PT, = REFERENCE POINT
D.E. = DRAINAGE EASEMENT P.B, = PLAT BOOK R/W = RIGHT-OF-WAY
P.O.B. = POINT OF BEGINNING U.E. = UTILITY EASEMENT
SURVEYOR'S CERTIFICATION
I HERESY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH
MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID
DESCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
JItVtNA.bt-KU (-
PROFESSIONAL SURVEYOR AND MAPPER DATE OF LAST FIELD WORK: NOT A SURVEY
FLORIDA LICENSE NO. LS4886
WOODLAND VILLAS FIRST ADDITION JOB NO.: 020305 DATE: 06-18-04 SHEET 3 OF 4 SHEETS
on I
s:\020801\legals\ue-wat-sew.doc
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P.O.B. #2 E. LINE
WOODLAND VILLASF8 0 +1;
FIRST ADDITION" }
PINE ISLAND ROAD P•O.B. #3
N.W. 88th AVENUE
N. LINE
'WOODLAND VILLA
FIRST ADDITION"
P.O.C.
NE CORNER
"WOODLAND VILLAS
FIRST AUDITION"
ADDENDUM F.B./PG-1 DATE I BY ICK'D
JOB NO. 020801 IDWG BY: DD/JR SCALErt 1'• 80' WATER 8 SEWER EASEMENT
WOODLAND VILLAS FIRST ADDITION CK-D By, DCW DATE+ 06-I8-04 SHEET 4 OF 4 SHEETS
FILES ss\020801\cadd\020801sk.d9n