HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-0681
1
Temp. Reso. #10375
March 15, 2004 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- 6&
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A "TAMARAC WATER UTILITY EASEMENT' WITH
THE INTERNATIONAL BUDDHIST PROGRESS SOCIETY
FOR THE BUDDHIST TEMPLE PROJECT, LOCATED AT
9341 NW 57T" STREET, TAMARAC, FL 33321 TO ALLOW
LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR
INSTALLING, MAINTAINING, AND OPERATING THE WATER
DISTRIBUTION 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 Buddhist
Temple Project, located at 9341 NW 57" Street (attached hereto in map form as "Exhibit
1 °); and
WHEREAS, the Buddhist Temple Project requires the installation of Water
Distribution System Improvements; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution System Improvements required to serve the Buddhist Temple Project; and
Temp. Reso. #10375
March 15, 2004 2
WHEREAS, the International Buddhist Progress Society has offered a "Tamarac
Water Utility Easement' for the Water Distribution System Improvements associated with
the Buddhist Temple Project; and
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 Buddhist Temple
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 Utility Easement" with the International Buddhist Progress Society for
the Buddhist Temple Project, required for installing, maintaining and operating the Water
Distribution 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: That the appropriate City Officials are hereby authorized to
accept and execute a "Tamarac Water Utility Easement' (attached hereto as "Exhibit 2")
with the International Buddhist Progress Society for the Buddhist Temple Project, located
at 9341 NW 57" Street, to allow legal access by City Utility Personnel in performing their
duties, including utility installation, maintenance and operation.
F-�
Temp. Reso. #10375
March 15, 2004 3
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.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 14' day of April, 2004.
L6 Age-9�& "-�- —
JOE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SW NSON, CMC MAYOR SCHREIBER ag',
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to for
\. MITG`HNLL S
CITY ATTC
Job No.
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EXHIBIT i
JOHN L 0011E81Y, P.E. CITY OF TAMARAC. BROWARD COUNTY, FLORIDA
FL NO. 063A'J SEC. S. TWP. 49, RGE. 41
Exhibit "2"
Temp. Reso. No. 10375
TAMARAC UTILITIES
WATER UTILITY EASEMENT
FOR: Buddhist Temple
On this day of , 20_, that International Buddhist Progress
Society having an address of 9341 NW 57th Avenue, Tamarac, 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
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.
980605 1 Water and Sewer Utility Easement
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 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.
980605 2 Water and Sewer Utility Easement
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTF.qT-
By:
Typ
(Corporate Seal)
STATE OF FLORIDA
Broward SS
COUNTY OF
GRANTOR International Buddhist
Progress Society
By: -12171L�'j a L'&�
Type Name M 'C.- ] — iU Gl�
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 m tj V r. [h -?A to me know r� to be the person(s)
described in and who executed the foregoing instrument and 5ht acknowledged
before me and under oath that SELL executed,1he same.
WITNESS my hand and official seal this day of I awV&t4—,
r�7
"R p�B�% _ QR�GG HAUTENSTRAUCH
* * MY COMMISSION # DD 057307
�a "nv pvnp`°F Sonde ihEXPIREsu Budget No ary 5erv: September 16, �5
( personally known to me, or
( ) Produced Identification
tate of Florida
(Nam q e tamp,
�i
or typ a��IIsgt�tl�`, •....
1-1O171V8181431nvii 00al:1IJ
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
980605 3 Water and Sewer Utility Easement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
By:
Marion Swenson; CMC
City Clerk
STATE OF FLORIDA
SS
COUNTY OF v
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
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.
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By: c
Joet>6reiber
Mayor
l
Date:
4y
Jeffrey L. ille
City Manager /
Date: Y b910 �
WITNESS my hand and official seal this f R - day of �r t: ,
206q
n
�J az�c
=Nstjonal
WHITE
•- Nstate or Florida NOTA PUBLIC, State of Florida
MinxX* MW at Large
. # 00119086
Bal Notary Assn-
0ktj
( 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 ( ID NOT take an oath
980605 4 Water and Sewer Utility Easement
Jan 16 04 10.00a DENUZZIO L R55❑CIRTES 95496996SO
p.6
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATT
M
Type
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF 1 I
MORTG GEE Bank of America
By:
Type Name
Fres t
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 e-(k to me known to be the person(s)
described in and who exeiuted the foregoing instrument and acknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this hoAh day of ,
20 O .
V) Personally known to me, or
( ) Produced Identification
Q,
NOTARY PUBLIC, State of Florida
at Largej' i> >l.,• r ��tir �N
j ew 1 hiut r, i i ni Florida
M,
y
n
(Name
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or( ) DID NOT take an oath.
980605
5 Water and sewer Utility Easement
,TAN 16 2004 10:02
9549699680 PAGE.06
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Exhibit "A"
Temp. Reso. No. 10375
Exhibit "B" Temp. Reso. No. 10375
GENERAL NOTES:
1. THE UNDERSIGNED SURVEYOR HAS NOT BEEN PROVIDED A CURRENT TITLE OPINION OR ABSTRACT OF MATTERS
AFFECTING TITLE OR BOUNDARY TO THE SUBJECT PROPERTY, IT IS POSSIBLE THAT THERE ARE DOCUMENTS OF
RECORD UNRECORDED DEEDS, EASEMENTS OR OTHER INSTRUMENTS THAT COULD AFFECT THE BOUNDARIES TO
THE SUBJECT PROPERTY.
2. THIS SKETCH AND DESCRIPTION IS BASED UPON THE LEGAL DESCRIPTIONS FURNISHED BY THE CLIENT.
3, MEASUREMENTS SHOWN HEREON ARE EXPRESSED IN FEET AND DECIMAL PARTS THEREOF.
4. RALPH D. DENUZZIO & ASSOCIATES, INC. RESERVES THE RIGHT TO UTILIZE ANY AND ALL INFORMATION OBTAINED
IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION, FOR ANY OTHER PURPOSES.
5. DIMENSIONS SHOWN ARE TAKEN AT THE EXPOSED AREAS OF IMPROVEMENTS UNDERGROUND FOOTERS,
FOUNDATIONS, UTILITIES OR OTHER SUBSURFACE STRUCTURES ARE NOT LOCATED FOR THE PURPOSE OF THIS
SURVEY.
6. SOURCES OF INFORMATION USED IN PREPARATION OF THIS SURVEY ARE AS FOLLOWS:
A) PLAT OF LYONS INDUSTRIAL PARK PLAT BOOK 71 PAGE 1
7. THIS SKETCH AND DESCRIPTION MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE PERMISSION OF
RALPH D. DENUZZIO & ASSOCIATES, INC.
8. THIS DRAWING IS NOT VALID UNLESS BEARING AN ORIGINAL SIGNATURE AND EMBOSSED LAND SURVEYORS SEAL.
9. BEARINGS ARE BASED ON THE WEST BOUNDARY OF LYONS INDUSTRIAL PARK
10. THIS SURVEY COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS ESTABLISHED BY CHAPTER 61—G17--6 OF THE
FLORIDA ADMINISTRATIVE CODE.
lA�eL1�r1�•Yy:�ii�[�I��
A TAMARAC EXCLUSIVE EASEMENT, SITUATE IN LOT 4, BLOCK 4 OF THE
PLAT OF LYONS INDUSTRIAL PARK AS RECORDED IN PLAT BOOK 71 AT
PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4, RUN NORTH
00°02'01" EAST ALONG THE WEST LINE OF SAID LOT 4, 249.95 FEET,
THENCE SOUTH 88°55'44" EAST 15.00 FEET; THENCE SOUTH 00°02'01"
WEST, 161.12 FEET; THENCE SOUTH 89°03'22" EASTE, 19.77 FEET; THENCE
SOUTH 00`00'00" WEST A DISTANCE OF 25.29 FEET; THENCE SOUTH
90°00'00" WEST, 19.79 FEET; THENCE SOUTH 00°02'01" WEST 63.22 FEET;
THENCE NORTH 88°55'44" WEST A DISTANCE OF 15.00 FEET TO THE
POINT OF BEGINNING.
SAID LANDS CONTAINING 4253.3179 SQUARE FEET, OR 0.098 ACRES MORE
OR LESS.
SUBJECT TO EASEMENTS OF RECORD.
TITLE,
CLIENTi
THIS IS NOT A SURVEY
SKETCH AND DESCRIPTION
BUDDHIST TEMPLE
NOT VALID WITHOUT SHEET 2
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER -
THE UNDERSIGNED SURVEYOR HAS NOT BEEN PROVIDED
A CURRENT TITLE OPINION OR ABSTRACT OF MATTERS = -_
AFFECTING TITLE OR BOUNDARY TO THE SUBJECT
PROPERTY. IT IS POSSIBLE THAT THERE ARE DEEDS OF
RECORD, UNRECORDED DEEDS, EASEMENTS OR OTHER DONALD P. PROUD, PSM
INSTRUMENTS THAT COULD AFFECT THE BOUNDARIES. FLORIDA REG. NO. LS403'7
R?h R J111mm5yoz & Azzinkfias9 31-mro
Consulting Engineers, Planners, Surveyors
6100 Boulevard of Champions
North Lauderdale, Florida 33068
LB NO. 0003444
954) 969-5100
FAX (954) 969-9680
JOB NO. 20045
DRAWN BY:
D.P.K.
FIELDBOOK
/
DATE:
1 /15/04
SCALE:
N.T.S.
SHEET NO.
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LEGEND
CL
= CENTERLINE
OR
= OFFICIAL RECORDS
PB
= PLAT BOOK
PG
= PAGE
PLS
= PROFESSIONAL LAND SURVEYOR
POB
= POINT OF BEGINNING
R/W
= RIGHT OF WAY
SQ. FT.
= SQUARE FEET
U.E.
= UTILITY EASEMENT
LOT
2 I CANAL
S88'55' 44"E
15.00'
15.00' ---
TAMARAC
EXCLUSIVE
EASEMENT
CV
42553.32 SQ. FT.—,LYONS
INDUSTRIAL PARK
0.098 ACRES
(PLAT BOOK 71, PAGE 1)
°'
Q
BLOCK 4
�
O
N
O
LOT 3
O
LOT 4
w
S89'03'22"E
Q
19.77'
n-
WEST LINE OF LOT 4, BLOCK 4
LYONS INDUSTRIAL PARK
(PLAT BOOK 71, PAGE 1)
0I
LOT 5
� S00'00'OOW
25.29'
S90'00'00W
o N 19.79'
O�
O 25' U.E.
(P.B. 71, PG. 1)
N 88'55' 44"W
15.00'
N.W. 57TH STREET
-�
THIS IS NOT A SURVEY
TITLEt SKETCH AND DESCRIPTION
TAMARAC EXCLUSIVE EASEMENT
CLIENT,
P.O.B.--'
S.W. CORNER LOT 4
LYONS INDUSTRIAL PARK
(PLAT BOOK 71, PAGE 1)
BUDDHIST TEMPLE
THE UNDERSIGNED SURVEYOR HAS NOT BEEN PROVIDED
A CURRENT TITLE OPINION OR ABSTRACT OF MATTERS
AFFECTING TITLE OR BOUNDARY TO THE SUBJECT
PROPERTY. IT IS POSSIBLE THAT THERE ARE DEEDS OF
RECORD, UNRECORDED DEEDS, EASEMENTS OR OTHER
INSTRUMENTS THAT COULD AFFECT THE BOUNDARIES.
NOT VALID WITHOUT SHEET 1
NOT VALID WITHOUT THE SIGNAT-I)RE AND THE
ORIGINAL RAISED SEAL OF A ELORIDA LICENSED
SURVEYOR AND MAPPER
DONALD P. PROUD, PSM
FLORIDA REG. NO. LS4O37
IS17h N. jBDtnM33g*z
Consulting Engineers, Planners,Surveyors
6100 Boulevard of Champions
North Lauderdale, Florida 33068
l LB NO. 0003444
(954) 969-5100 FAX (954) 969-9680
JOB NO.
20045
DRAWN BY:
D.P.K.
FIELDBOOK
/
DATE:
1 /15/04
SCALE:
1 "= 100'
SHEET N0.
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