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Home My WebLink AboutCity of Tamarac Resolution R-2003-052Temp. Reso. #10045 February 18, 2003 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-5�- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A "TAMARAC PUBLIC UTILITY EASEMENT" WITH FUTURE METALS, INC., FOR THE FUTURE METALS PROJECT LOCATED AT 10401 STATE STREET, TO ALLOW LEGAL ACCESS BY PUBLIC UTILITY PERSONNEL FOR INSTALLING MAINTAINING AND OPERATING VARIOUS PUBLIC UTILITY SYSTEMS; 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 Future Metals Project located at 10401 State Street (a copy of which is attached hereto as "Exhibit 1 ") will require the installation of various public utilities; and WHEREAS, the public utility easement is required by City Code Section 10-207 which states that recorded easements shall be provided for the installation of various public utility systems; and WHEREAS, Future Metals, Inc., as Owner of the Future Metals Project has offered a "Tamarac Public Utility Easement" (a copy of which is attached hereto as "Exhibit 2"); and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed; 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 authorize the Temp. Reso. #10045 2 February 18, 2003 appropriate City Officials to accept and execute a "Tamarac Public Utility Easement" with Future Metals, Inc., for the Future Metals Project located at 10401 State Street as required for the installation and operation of various public utility systems. 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 Public Utility Easement" with Future Metals, Inc., for the Future Metals Project located at 10401 State Street to allow legal access by public 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. 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. 1 1 1 SECTION 6: passage and adoption. Temp. Reso. #10045 3 February 18, 2003 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 26th day of March, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. UI T H JED/DM/db RNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. TALABISCO DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS EXHIBIT I TEMP. RESO. # 10045 OD CD JEWEL BOX LN. 2 2 NN5EL WING DR. s M C N A B ROAD TEE PLAT J & J PLAT TAMARAC MARKET ................................................... ---.- ................................... PLACE .................................................. ..... ..................................... L TAMARAC 1299 99 LAND TRUST PLAT CITY FURNITURE LOVESHAW I.T.W. MIMA 3 ZEPHYRHILLS 67 ST D SUN BELT AT&T PRECISSION ARCH CABLE ALUMINUM CULLIGAN 1::4 z ................................. ................... ..... . ZZW PUBLIC SERVICES LAND SEC, SITE COMPLEX 7 LOCATION STATE STREET z Ld 1-- m WESTPORT WESTPOINT Lu DISTRIBUTION 0 0- Li <E 't X > CENTRE I (L -J 'f z a- 0 SONNYS LL� 0d W rL! ENTERPRISES W w ".2 > CONVERGYS 0 0 OFFICE 4 z BUILDING C3 COMMERCIAL, BLVD, SUNRISE I Future-Metats-Project.DWG FUTURE METALS PROJECT PUBLIC UTILITY EASEMENT Exhibit "2" Temp. Reso. No. 10045 TAMARAC PUBLIC UTILITY EASEMENT FOR: Future Metals NAME OF PROJECT This PUBLIC UTILITY EASEMENT made this ca& day of X"_C` , 206, by Future Metals, Inc., having an address of 10401 State Street, (hereinafter "Grantor"), and 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"). (Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient Estate"); and WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement, more particularly described in Exhibit "B", to use a portion of the servient estate. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations paid by each of the parties hereto to the other party, receipt of which is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as follows: 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive easement over and upon the servient estate for installing, maintaining and operating various Public Utility Systems. 980605 1 Public Utility Easement 2. Grantor reserves all rights not herein granted pursuant to this easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the easement herein granted or the exercise of the rights of use thereunder. 3. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. 980605 2 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. FTIVE-W By. r , Type Namef�A L Corporate Secreta (Corporate Seal) STATE OF FLORIDA SS COUNTY OF I HEREBY CERTIFY that on this day, State aforesaid an in the County ore appeared �_.. described in aAd who executed the oregain before me and under oath that e WITNESS my hand and offici4s—ael t 20D 6 (>4 Personally known to me, or ( ) Produced Identification (�>O DID take an oath, or ( GRANTOR Metals, nc. l By. i'l Type Name ��5 �• President before me, an officer duly authorized in the aid to take acknowledgments, personally to me known to be the person(s) g i strument and acknowledged xecutede same. his % 3 , day of 177" NOTAR Y 'PW%AC,'k off lorida at Large . x.r A L.� h •rZ t"J C N-'ei )t (Name oPrint, Stamp, or type as G�fftt�rs�i�tlTied) N f--� Type of I.D. Produ d ) DID NOT take an oath. 980605 3 ATTEST: By: 7bt�� Marion Swenson, CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By:: Joe 6,afireiber Mayor Date: By: Jeffrey LlAille City Manager By: v Mitchell . i w SS City Attorney//L/ COUNTY OF MJU% - : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the ounty af9resaid to take acknowledgments, personally appeared ,Spere�ber ' �-• Wl 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 vPS' day of 20 0-3 . JUNE A. WHIT e ' Notary Public - State of Fiprldr MyComComla�+InnF i �� 2� Bonded By National Notary Assn. ( Personally known to me, or ( ) Produced identification NW cn Q"' a . ;"L� NOTARY UBLIC, State of Florida at Large 'J-�je-A-IAJAI. e_, (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or( eY061D NOT take an oath 980605 4 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I,- -a: do hereby affirm that I am the of 14\L c and that I have ex cu#ed a Tarnarac Utilities Water and Sewer Easement with the City of Tamarac for iEFA4&A;--- e-L project and that I am the owner of the property covered by said Tamarac 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. FURT AFFIANT AYETH T. (Si nature) f This 13 day of(J-- , 20 0 ? STATE OF FLORIDA SS COUNTY OF I H REB CERTIFY that on this day, before me, an Officer duly authorized in the State of aid and ' the�ountyforesaid to take acknowledgments, personally appeare to me known to be the person(s) describ nd who exec ed th fore ing instrument and: acknowledged before me and under oath that executed Pe same. WITNESS my hand and official seal this /� — dayof 200 '6 (%-,� Personally known to me, or AF,14il:it�;�; NOTA&tY .P`UBUC,.St , fflorida at Lard (Name of U#aicyf, ic: Print, Stamp, or type as Commissioned) ( ) Produced Identification 4 Type of I.D. Pr duced DID take an oath, or ( ) DID NOT take an oath. 980605 5 "P* A uA r 6 ®.0 o2}.«d ia.G �gy A C k �P �a N #A1I.A A11!1111; A.vA I'll; 111A ." A A-�i.A IAA. A ,A „AA 8 i I srl� 1•. �� !. A Off• j-•"� tA.��Ae �A �, - - - .._.._.._.._.._.._.._.._.._ ��!!y• �� ,A tiiR,� . +1� � ° iYilY RA ___________ ______ 89%9'S4" W 34Y.4s' _ ________________, __________- 1� � A ---- J'--- � lob 1�a Rt.� A! i3 tp --_- vawr .ccn.x v n.r ,a„�.".......a ---- bn. .ew f ___ _ «wwv. A ____• A .�� 2j. ..c... — ------`---- y P A 1 ,A d A � W � GA " � `A �A �1 •� �'` ggi •� �i .i 1� �i.i �R �A iA'' A .� � j, �!• � �� A�� i �j1� +� 4 JA ! A!A ! - �� 1 'A �� i A � p �� "� S'YA �jA Ai a AA ��A �j . �i• � �i �• � � "i�� At � �� 1 e��p °� � A �k ■ �� y�A AAA �p ; �A JAI ;' �� g1� i! �AN �� k In A *0 ". d �j!! F .�t if if All Lip � BOUNDARY A TOPOGRAPHIC SURVEY _,M FUTURE METALS•p A.or�eow or rBAar� 4 ,sit 11D COUNTY, FLORIDA W r- I I LEGAL DE5CRIP770N.- , SKETCH OF LEGAL DESCRIPTION A PORTION OF TRACT B' WESTPOINT SECTION 7 PLAT' ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 162, PAGE 23, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. - COMMENCE AT THE NORTHEAST CORNER OF TRACT C" OF SAID PLAT• THENCE SOUTH 89'0650" WEST, ALONG THE NORTH UNE OF SAID 7RACT C" AS SHOWN ON SA/0 PLAT A DISTANCE OF 552.62 FEET,• THENCE NORTH 00100'00" EAST, A DISTANCE OF 814.16 FEET TO A POINT ON THE ARC OF A NON —TANGENT CURVE CONCAVE 70 THE NORTHWEST 114117NG A RADIAL BEARING OF NORTH 07104.11 " WEST TO THE RADIUS OF THE NEXT DESCRIBED CURVE; THENCE WESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 940.97 FEET, A CENTRAL ANGLE OF 04'02`12" AND AN ARC DISTANCE OF 66.29 FEET TO A POINT OF TANGENCY; THENCE SOUTH 86'5828" WEST. A DISTANCE OF 261.51 FEET TO THE POINT OF BEGINNING. TTHENCE CONTINUE SOUTH 865828" WEST, A DISTANCE OF 6.01 FEET; THENCE NORTH 00'00 00" EAST A DISTANCE OF 819.9J FEET - THENCE NORTH 89'1954" EAST, A DISTANCE OF 6.00 F££T• THENCE SOUTH 00'00 00" WEST, A DISTANCE OF 819.68 FEET 70 THE POINT OF BEGINNING. SAID LANDS SITUATE; LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIL A, CONTAINING 4,919 SOUAR£ FEET (0.11J ACRES) MORE OR LESS. TRACT B WESTPOINT SECTION 7 PLAT P.B. 162, PG. 23. B.C.R. U TE W UJD_ W a- Cj Vna] dori N a U� (Aa z M N Mato Wo- o 0i W a A PORTION OF; TRACT B WEST POINT SECTION 7 PLAT P.B. 162, PG. 23, B.C.R. LOCATION MAP NOT TO SCALE PREPARED FOR. - MILLER CONSTRUCTION S 86'58 28" W 6.01, I '\-N 89" 1954" E I 6 00, I I I I LEGEND A — arc length BCR — Broward County Records FB — field book FPL — Florida Power & Light L — arc length ORB — Official Records Book PB plot book PG — page POB — point of beginning POC — point of commencement PRM — permanent reference monument R —radius R/W — right—of—way SF — square feet ISSMH — sanitary sewer manhole L) TYP — typical pp + — spot elevation central angle elevation e I � I I TRACT "B" 'WESTPOINT SECTION 7 PLAT' (P.B. 162, PG. 23, B, C.R) 00, I I I I 4,919 (0,113 f ACRES) I I I D 1 I R=94a97' A-04"02'12" L=6629' S 86"58280 W IPO.B. 261.51' SURVEY NOTES AND QUALIFICATIONS: 1. Unless it bears the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch, plat or map is for informational purposes only and is not valid 2. Bearings shown hereon are relative to the plat of "WESTPOINT SECTION 7 PLAT", PB 162. PG 23, OCR. 3. Data shown hereon was compiled from instruments of record and does not constitute a field survey as such. PREPARED BY: DOUGLASS, LEAVY & ASSOCIATES INC. PROFESSIONAL SURVEYORS It MAPPERS 7914 InLAS ROAD CORAL SPRINGS, FLORY)A 930e7 OFFICE: (254) 3"-7994 FAX: (954) 3"-289e LICENSED YUSINRBS No. 97V STATE STREET F. 0. 0. N,E, CORNER TR4CT 'C" 'WESTPOINT SECTION 7 PLAT' (P.B. 162, PG. 23, B. C.R.) REVISIONS: Description Date FD P Sketch of Legal Deewiption sI/20/03 -- NORTH LINE TRACT "C" For the t rIi S 89"06'50" W 552.62' Scott J. Youglose Professional Surveyor do Ma per Florida Reoistrotion No 4532 DRAWING DATA. �✓ Drawing date:01/29/03 fb/pg source: -- HORIZONTAL Drofter. jec SCALE (FT) Checked: sjd CARD dwg no:02033—LGL 0 15 30 SHEET: 1 /1 y (D a (Q m� UI 0 z 0 0 0 J�- Ln LEGAL DE3'CRIP770N• SKETCH OF LEGAL DESCRIPTION A PORTION OF TRACT B' W£STPOINT SECTION 7 PLAT-, ACCORDING 70 THE PLAT THEREOF AS RECORDED /N PLAT BOOK 162, PAGE 23, OF THE PUBLIC RECORDS OF BROWARD COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.• COMMENCE AT THE NORTHEAST CORNER OF APACT C" OF S41D PLAT,• THENCE SOUTH 89'06'50" WEST, ALONG THE NORTH LINE OF S4/D TRACT C" AS SHOWN ON S4/0 PLAT, A DISTANCE OF 552.62 FEET,• THENCE NORTH 00'0000" EAST, A DISTANCE OF 814.16 FEET TO ' " 7HE POINT OF BEGINNING, N 89 19 54 E I SAID POINT BEARS NORTH 07'0400" WEST TO THE RADIUS OF 6.00� THE NEXT DESCRIBED CURVE 7HENCE WESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 940.97 FEET, A CENTRAL ANGLE OF 0022'05" AND AN ARC DISTANCE OF 6.04 FEET TO A POINT OF NON -TANGENCY; THENCE NORTH 00'0000" EAST, A DISTANCE OF 804.13 FEET; LEGEND 7HENCE NORTH 89'1954" FAST, A DISTANCE OF 6.00 FEET A - ore length 7HENCE SOUTH 00'00 00" WEST A DISTANCE OF 803.48 FEET TO THE POINT OF BEGINNING. BCR - Broward County Records FB - field book SAID LANDS S17UATE; LYING AND BEING 1N THE CITY OF TAMARAC, FPL - Florida Power & Light BROWARD COUNTY, FLORIDA, CONTAINING 4,823 SQUARE FEET L -- arc length (0.111 ACRES) MORE OR LESS ORB - Official Records Book PB - plat book PG - page POB - point of beginning POC - point of commencement PRM - permanent reference monument R - radius R(W - right-of-way Z I V1 SF - square feet SSMH - sanitary sewer manholeo. TYP typical O I o p + - spot elevation D I 6 v Q -central angle w elevation I I I I 6.00'-J TRACT B %PACT .Br I WESTPOINT SECTION 7 PLAT yy I Z P.B. 162, PG. 23, B.C.R. = WESTPOINT SECTION 7 P1.47' p (P.B. 162, PG. 23, B.C.R) I o I a w 0< I O a crrF-' Cq ai 4(3 4,82J fS.FJ/ a (0.111 f ACRES) ZHN e e SITE p� ca a < cn I A TRACTONBOF: o II WEST POINT SECTION 7 PLAT ~I P.B. 162, PG, 23, B.C.R. R=940.9T LOCATION MAPL A=00"22'05" NOT TO SCALE �,=6.04P.O.B. STATE STREET P.O.C. � o0 N.E. CORNER TRACT C" �' S 'WESTPOINT SECTION 7 PLAT" b (P.B. 162, PG. 23, B.C.R.) NORTH LINE PREPARED FOR. TRACT C" MILLER CONSTRUCTION S 89"06'50" W SURVEY NOTES AND QUALIFICATIONS: 552.62' 1. Unless it bears the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch, plat or map is for informational purposes only and is not valid 2. Bearings shown hereon are relative to the plat of "WESTPOINT SECTION 7 PLAT", PB 162, PG 23, BCR. For the Firm- 3. Data shown hereon was compiled from instruments of Scott J. DOuglOss record and does not constitute a field surveyas such. FRegi Surveyor Mappper Floridaorida Ragistwtlon No 4532 PREPARED EM REVISIONS: Description Date Fb P DOUGLASS, LEAVY & ASSOCIATES INC. Sketch of Legal Deewi tlon r/20/03 -- DRAWING DATA: Drawing date:01/29/03 19 fb/pg source: -- HORIZONTAL PROFESSIONAL 8URV6YOR5 k YAPPERS Drafter jec SCALE (Fr) 7914 TIDES ROAD Checked:sjd CORAL SPRINGS. FLORIDA 33067 CADD dwg no:02033-LGL 0 15 30 orncE: (964) 844-7994 FAX: (954) 844-E686 LICEN8ED BUSINESS No. 6787 SHEET . � /� N DS (D H. U' N F•'- rF 0 N to