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Home My WebLink AboutCity of Tamarac Resolution R-2003-01011 Temp. Reso. #10007 December 11, 2002 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- JO 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 TAMARAC LAKES SOUTH, INC., FOR THE TAMARAC EAST UTILITIES UPGRADE - PHASE II PROJECT, LOCATED ON THE SOUTH SIDE OF WEST COMMERCIAL BOULEVARD BETWEEN NW 31ST AVENUE AND PROSPECT ROAD WITHIN LAND SECTION 17, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR THE INSTALLATION, MAINTENANCE, AND OPERATION OF A WATER DISTRIBUTION SYSTEM INTERCONNECT METER WITH THE CITY OF FORT LAUDERDALE; 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 Tamarac East Utilities Upgrade - Phase II Project is located on the south side of West Commercial Boulevard between NW 315t Avenue and Prospect Road within Land Section 17 (attached hereto in map form as "Exhibit 1); and WHEREAS, the Tamarac East Utilities Upgrade - Phase II Project requires the installation of a Water Distribution System Interconnect Meter with the City of Fort Lauderdale; and WHEREAS, an easement is required by City Code Section 22-191 for the installation of the Water Distribution System Interconnect Meter required for the improvements associated with the Tamarac East Utilities Upgrade - Phase II Project; and WHEREAS, Tamarac Lakes South, Inc., as the owner of the property, has offered Temp. Reso. #10007 December 11, 2002 2 the "Tamarac Water Utility Easement" for the installation of the Water Distribution System Interconnect Meter; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Tamarac East Utilities Upgrade - Phase II 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 Tamarac Lakes South, Inc., for the Tamarac East Utilities Upgrade - Phase II Project, required for the installation, maintenance and operation of the Water Distribution System Interconnect Meter. 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 Utility Easement" (attached hereto as "Exhibit 2") with Tamarac Lakes South, Inc., for the Tamarac East Utilities Upgrade - Phase II Project, located on the south side of West Commercial Boulevard between NW 315t Avenue and Prospect Road within Land Section 17, 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. Temp. Reso. #10007 December 11, 2002 3 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 8t" ay of January, 2043. JOE SCHREIBER MAYOR ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RSSIJLUTION ds�Ao form `IAITCHELL S. CITY ATTO JED/DM/db 1 RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: VIM. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS EXHIBIT 1 Temp. Reso #10007 TAMARAC EAST UTILITIES UPGRADE - PHASE 11 WATER UTILITY EASEMENT Exhibit "2" TAMARAC UTILITIES WATER UTILITY EASEMENT FOR: Tamarac East Utilities Upgrade Phase II NAME OF PROJECT On this day of , 20____, that Tamarac Lakes South Inc. having an address of 2800 West Commercial Boulevard Tamarac Florida 33309, 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 88t" 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. 000615 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. 000615 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. ATTEST: Type Name C Xl (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF rA : GRANTO By: Typ ame President HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforespiq and in the County aforesaid to take acknowledgments, personally appeared ss to me known to be the person(s) described in and who executed t e foregoing instrument and ku acknowledged before me and under oath that executed ti r same. . WITNESS my hand and official seal this /0 day of c e w•, h e r , 20L0 . NOTARY PUBLIC, State of Florida at Large �r DaMdT&I" `� . ll:, pp Mn""r cornrra,�anitr�3 (Name of Notary Pubic: Print, Stamp,18'a00s or type as Commissioned) ( ) Personally known to me, or Produced Identification DLI -N! - Q 9 — :33-1- D 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: Lt-fii—Zj Ali �2 MarioA Swenson, tmt City Clerk STATE OF FLORIDA COUNTY OF fW-0 t% SS 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 �Ia�/?r�,la�r YreL. M�lle.e to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that A_ executed the same. ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe eiber May Date: 11/ o Lo3 0 #Jeffrey L.11erO City Manager WITNESS my hand and official seal this 2003 . L'"'!Bonded JUNE N. WHITE Publlo - StaM of FWMdanWWF�IrasAup16,ission 0 130119065 By National Notary Assn. ( personally known to me, or ( ) Produced identification day of —J jk A)a , NOTARY 7 F3111BLIC, State of Florida at Large R. ""-re� (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 4 Water and Sewer Utility Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, r/o V d E _ 1369 ST do hereby affirm that I am the Pre stc w-r—_ of i.qm, a �a� aw - Luc _ and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for Tigm 40-4 C F ,4 s T tint(+-C L.,AJ't P44 project and that I am the owner of the property covered by said Tamara Utilities Water and Sewer Easement. There are no mortgages held on the property, which is the subject of said Tamarac Utilities Water and Sewer Easement. STATE OF FLORIDA SS COUNTY OF r arJ : FURTHER AFFIA AYETH NOT. (Signature) This IUday of IQC ebpi , 20-0-k. HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and wttgr the County aforesaid to take acknowledgments, personally appeared 9. to me known to be the person(s) described in Ad who executed the foregoing instrument and keacknowledged before me and under oath that mm1.Q, _ executedge same. WITNESS my hand and official seal this ko day of "�r e�-� •�- , 2004. . ( ) Personally known to me, or ()() Produced Identification NOTA UBLIC, tate of on a at Large David T Mori fAr Commist w UUObma (Name of Notary Public: hA�f, STtembert6.2006 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 Exhibit "A" SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. �S 5= NOS HILL ROAD PL$ SUNRISE, FLORIDA 33361 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 E—MAIL: surveysopulicelondaurveyors.com . CERTIFICATE OF AUTHORIZATION #L83870 LEGAL DESCRIPTION: LOT 92, BLOCK 16 OF "TAMARAC LAKES SOUTH" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62, PAGE 24 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. NOTES: 1) BEARINGS ARE BASED ON THE NORTH LINE OF LOT 92 BEING N89'58'27"E, 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) 0 DENOTES CENTRAL ANGLE. 4) DENOTES CENTERLINE. I I I I I I I Q I I I I I I COMMERCIAL. BOULEVARD _—_lr_—_--r--- —_._.—_—_�-- RADAW26A0' A-9144'OWr ' ARC-4= w z J } FILE: CITY OF TAMARAC SCALE: V-30' ORDER NO: 43M DATE: 12/16/02 WEST COMAF3iC k BOULEVARD MV NOR MWEBT 31ST TAMARAC, BROWARD COUNTY, FLORIDA FOR: CITY OF TAMARAC 1 I I —OF—WAY LINE I I RA1.00.25W I A-1111CIB12' � ARCS I w z 7I CL �... gga7Tarw ir.w I I ii LOT 91 I John F. Pull.. rofesslonol Surveyor and Mapper #2691, State of Florida Beth Ann Shields, Professional Surveyor and Mapper #6136, State of Florida Exhibit "B SKETCH AND DESCRIPTION THIS IS Aff A SURVEY N W. COMMERCIAL BLVD. RADIUS = 25.00' RADIUS = 25.00' ARC = 9 53' ARC = 34.24' DELTA = 21'49'53�" DELTA = 78'27'47" 27.01 ' W 20.00' 61.36 Lj 2' WALL EASEMENT 15.pp" - PER PLAT I UTILITY - EASEMENT I � LOT 92, BLOCK 16 I P. B. 62, PG. 24 i DESCRIPTION: CITY OF TAMARAC MASTER METER EASEMENT THAT PORTION OF LOT 92, BLOCK 16, "TAMARAC LAKES SOUTH", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 62, PAGE 24, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH AND NORTHWEST BY THE NORTH AND NORTHWESTERLY BOUNDARIES OF SAID LOT 92; ON THE SOUTH BY A LINE PARALLEL WITH AND 20 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES, THE NORTH LINE OF SAID LOT 92; AND ON THE EAST BY A LINE PARALLEL WITH AND 15 FEET WEST OF, AS MEASURED AT RIGHT ANGLES, THE EAST LINE OF SAID LOT 92. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF FORT LAUDERDALE, BROWARD COUNTY, FLORIDA, CONTAINING 1092 SQUARE FEET, MORE OR LESS. P.O.B. DENOTES POINT OF BEGINNING P.O.C. DENOTES POINT OF COMMENCEIVENT P.B. DENOTES PLAT BOOK CITY OF F PROPOSED EASEMENT TAMARAC LAKES SOUTH `�°' P.B. 62, PG. 24 ATHONY R. E�N PROFESSIONAL SURMWYOR AND AWWY NO.4420 BY: T.I. ENGINEERING 7 - to 0 STAN OF FLORIDA CHK'D V. DMSION SCALE; I =20- 1p040