HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-192Temp. Reso. #10215
August 5, 2003 1
Revision 1, August 1$, 2003
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- fW
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA„ AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A "TAMARAC UTILITIES SEWER UTILITY
EASEMENT" WITH MAINLANDS OF TAMARAC SECTION
EIGHT ASSOCIATION, INC., FOR THE WASTEWATER
PUMP STATION 4 FORCEMAIN PROJECT, LOCATED AT
5711 NW 67T" AVENUE, TO ALLOW LEGAL ACCESS BY
CITY UTILITY PERSONNEL FOR INSTALLING,
MAINTAINING, AND OPERATING THE 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 Wastewater Pump Station 4 Forcemain Project is located at 5711
NW 67t" Avenue (attached hereto in map form as "Exhibit 1"); and
WHEREAS, the Wastewater Pump Station 4 Forcemain Project requires the
installation of Sewage Collection System Improvements; and
WHEREAS, an easement is required by City Code Section 22-191 for the Sewage
Collection System Improvements required to serve the Wastewater Pump Station 4
Forcemain Project; and
WHEREAS, Mainlands of Tamarac Section Eight Association, Inc., as the owner of
the property, has offered the "Tamarac Utilities Sewer Utility Easement" for the Sewage
Collection System Improvements associated with the Wastewater Pump Station 4
Forcemain Project; and
Temp. Reso. #10215
August 5, 2003 2
Revision 1, August 18, 2003
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the Wastewater Pump Station 4 Forcemain 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 Utilities Sewer Utility Easement" with Mainlands of Tamarac Section Eight
Association, Inc., for the Wastewater Pump Station 4 Forcemain Project, required for
installing, maintaining and operating the 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: That the appropriate City Officials are hereby authorized to
accept and execute a "Tamarac Utilities Sewer Utility Easement" (attached hereto as
"Exhibit 2") with Mainlands of Tamarac Section Eight Association, Inc., for the Wastewater
Pump Station 4 Forcemain Project, located at 5711 NW 67th Avenue, 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.
Temp. Reso. #10215
August 5, 2003 3
Revision 1, August 18, 2003
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 27th day of August, 2003.
JOE SCHREIBER
MAYOR
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. IMF
CITY ATTORN
JED/DM/db
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
TEMP. RESO. ## 10215
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WASTEWATER PUMP STATION 4 FORCEMAIN
ExhiMt "2"
TAMARAC UTILITIES
SEWER UTILITY EASEMENT
FOR- Wastewater Puma Station 4 Forcemain
Temp. Reso. No. 10215
On this ,�--7 7�day of ( _ 20L�, that Mainlands of Tamarac Section
Eight Association, Inc., having an address of 5711 NW 67th 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.
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 Michael J. _Marcellino
Vice President
(Corporate Sual)
STATE OF FLORIDA
SS
COUNTY OF
GRANTOR: Mainlands of Tamarac
Section Eight Association,
Type Name Albert DeMarcantonio
President
HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid ad in the County aforesaid to take acknowledgments, personally
appeared Ll��xr - Ii Ac'r("c" vk4k jC' _to me knowq to be the person(s)
described in and who executed the foregoing instrument and _ ILA acknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this day of
20L.
( ) Personally known to me, or
( `-t) Produced Identification
NOTARY PUBLIC, State o-Florlca
at Large (�
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
err rcy David r Moore
T My Commission 0005715?
Nod� Expires SepteMbOf 16,2009
Type of I.D. Produced
( ) DID take an oath, or (7L) 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:
Marion Swenson, (,MC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe Schreiber
Mayor
Date: P /,;V 7
By:.
Jeffrey L. -Mr ler
f City Manager
Date: � ;%/ 71,?
Approved--�s -to form
}
Mitchell S. Kraft,
City Attorney '
COUNTY OF
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
`�ht'Ei/aC_a�✓E�EyL.H141,cx-to me known to be the person(s) described in and
who executed the foregoing instrument and _ fig,, acknowledged before me -and
under oath that ���� executed the same.
WITNESS my hand and official seal this day of L1.-
20 v3 .
�*3
MARION SWENSON
r` MY COMMISSION 9 CC 961296
EXPIRES: December 15, 2004
_jr,l-,l Thou Nct:rv?ubk lrrjemr,ter;
( ,- Personally known to me, or
( ) Produced identification
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( I-) DID NOT take an oath
980605 4 Water and Sewer Utility Easement
( ) DID take an oath, or ( ) DID NOT take an oath
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
Type Name e, fJ
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF
MORTGAGEE Sunt' ust Bank,
South Florida
By:
Type Name
A
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 Tracy Meyer 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 9th day of July
2003 .
( ) Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
,osY Pt,, Janis Bemard
=¢ 0(6
My Commission OW91281
VV Expires February 11, 2W8
980605 5 Water and Sewer Utility Easement
Exhibit "A"
1 C111 itC 471J. LV II. I VG. I -J
SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
p 5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777 FAX: (954) 572-1778
E—MAIL: surveys®pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION #I._B3870
LEGAL DESCRIPTION:
PARCEL "R" OR "THE MAINLANDS OF TAMARAC LAKES EIGHTH SECTION" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLA"T BOOK 67, PAGE 35 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, H-ORIDA.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLOROA
AND CONTAINING 64,174 SQUARE: FEET, 1,4732 ACRES.
NOTES
1) BEARINGS ARE BASED ON THE SOUTH LINE OF PARCEL "R" BEING N89'01'23"W.
2) 1HIS IS NOT A SKETCH OF SURVEY AND DOE..S NOT REPRESEN l A FIELD SURVEY.
3) Z-\ DENOTES: CENTRAL ANGLE.
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FILE- CITY OF TAMARAC
SCALE. 1"-100'
ORDER NO.- 44623
DATE: 08/01/03
o
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� 40.00'
T
s$TH STREET
RADIUS=713.00w
A= 31 '37' 42" w
ARC=393.59' RADIUS=25.00' �
'-RADIUS-1604.00' „ „ ,=88.20'46" Q
0=06 30'49" PARCEL R ARC=38.55'
64,174 SQUARE FEET �
ARC=182.35' 1.4732 ACRES S00'00'16"E 83.98' r—
/N00'00'16"W 62.51' RADIUS=25.00'
18' UTILITY EASEMENT &=90'58'53" LU
PLATT _—__ f BOOK 67,PAGE 35 ARC=39.70'
N89'01'23"W 359.24' --------
E�
NORTHWEST 57TH DRIVE N 0
z
N.W. 58TH STREET AND N.W. 67TH AVENUE
TAMARAC, BROWARD COUNTY, FLORIDA
CITY OF TAMARAC
John F. Pulice, Reg. Land Surveyor #2691
Beth Ann Shields, Reg. Land Surveyor #5136
State of Florida
4C
Exhibit "B"
Temp. Reso. No. 10215
SKETCH AND LEGAL DESCRIPTION ap�
BY 'F
PULICE LAND SURVEYORS, INC.
�s 5381 NOB HILL ROAD �$
SUNRISE, FLORIDA 33351 n
TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778
E—MAIL' surveysopulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION #LB3870
���T�1�r~����1:il�YL�1►_E
A portion of Parcel "R" of "THE MAINLANDS OF TAMARAC LAKES
EIGHTH SECTION" as recorded in Plat Book 67 at Page 35 of
the public records of Broward County, Florida, being more
particularly described as follows: Commence at the Southwest
corner of said Parcel "R", thence N00'00'16"W, along the
West line of said Parcel "R", for 18.00 feet; thence S89'01'23"E
for 5.00 feet to the Point of Beginning of this easement; thence
N00'00'16"W for 44,59 feet to a point of curve; thence North—
westerly along the arc of a circular curve concave to the
West, said curve having a Radius of 1609.00 feet and a Central
Angle of 06'22'00", for on arc distance of 178,79 feet to the
North line of said Parcel "R", said point being on the arc of
a circular curve the Radius point of which bears N32'45'26"E
from said point; thence Southeasterly along the arc of a
circular curve concave to the Northeast, said curve having
a radius of 713.00 feet and a central angle of 01'31'58", for
an arc distance of 19.08 feet to a point of intersection with
the arc of a circular curve concave to the West the Radius point
of which bears S84'02'47"W from said point; thence Southerly
along the arc of said curve having a Radius of 1624.00 feet and
a Central Angle of 05'56'57", for an arc distance of 168.62 feet
to a point of tangency; thence S00'00'16"E for 27.85 feet;
thence S89'01'23"E for 15.00 feet; thence S00'00'16"E for
17.00 feet; thence N89'01'23"W for 30.00 feet to the Point of
Beginning.
Said easement containing 3531 Square Feet.
NOTES:
I. This is not a Sketch of Survey and does not represent a field survey.
2. Bearings are based on the South line of Parcel "R" being N89*01'23"W
FILE: CITY OF TAMARAC
SCALE: N/A
ORDER NO.- 41590
DATE- JUNE 30, 2001
FORCE MAIN EASEMENT
PUMP STATION * 4
FOR: CITY OF TAMARAC
SHIES" 1 OF 2 SHEETS
John F. Pulice, Reg. Land Surveyor #2691
State of Florida
R
SKETCH AND LEGAL DESCRIPTION
BY
POLICE LAND SURVEYORS, INC.
5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572 •-1777 • FAX: (954) 572--1778
E—MAIL: surveysopullcelondsurveyors.com CERTIFICATE OF AUTHORIZATION #LB3870
LEGEND:
PB: PLAT BOOK
PG: PAGE
R: RADIUS
A: ARC LENGTH
D: DELTA (INCLUDED ANGLE)
FILE: CITY OF TAMARAC
SCALE: 1"- 50'
ORDER NO.: 41590
DATE: JUNE 29, 2001
FORCE MAIN EASEMENT
PUMP STATION # 4
FOR: CITY OF TAMARAC
2
a
N
S 89'01'23' E
5.00'
4 I
POINT OF COMMENCEMENT
Sol
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N O
M19.08'
R-713.00'
r D-01'31'58'
to
i�
$PARCIF
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T.� w
rm mr� m
N 89'Ot'23' W�
18' UTILITY ESM'T. PER P.B. 67-35
a0 nniniT
N. W. 57TH DRIVE
SHEET 2 OF 2 SHEETS
.iohn F. Nulice, Reg. Lon(-, Surveycr #/ 1691
State of Florian