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Home My WebLink AboutCity of Tamarac Resolution R-2003-059Temp. Reso. #10054 February 24, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- 64� 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 ALLGAR, INC., FOR THE ALLGAR OFFICE BUILDING PROJECT, LOCATED AT 7820 NORTH UNIVERSITY DRIVE, 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 Site Plan for the Allgar Office Building Project, located at 7820 North University Drive (attached hereto in map form as "Exhibit I") was approved by City Commission on March 13, 2002; and WHEREAS, the Allgar Office Building 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 Allgar Office Building Project; and G Temp. Reso. #10054 February 24, 2003 2 WHEREAS, Allgar, Inc., as the owner of the property, has offered the "Tamarac Water Utility Easement" for the Water Distribution System Improvements associated with the Allgar Office Building Project; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Allgar Office Building 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 Allgar, Inc., for the Allgar Office Building 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: The appropriate City Officials are hereby authorized to accept and execute a "Tamarac Water Utility Easement" (attached hereto as "Exhibit 2") with Allgar, Inc., for the Allgar Office Building Project, located at 7820 North University Drive, 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. 1 1 Temp. Reso. #10054 February 24, 2003 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 261h day of March, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as tcyform M[TCHELL S. CITY ATTO JED/DM/db e ✓' JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS EXHIBIT 1 TEMP. RESO. # 10054 CT Q2 ST TR53 W❑❑DM❑NT ti y Gx SH❑PPES za Q 9� w 3 C3 N w FC g y W y w o ? N4 O 2 W C� v. vLLJ CAR Ld ] CDLO a , TR54 /%j/ / ¢� H• %////� W W J W W Y d• I%//% I W � 1 CD n (P1 m PO H• Y �b W W W y W LLJ GIR % 79 ST W TR55 Z Mww U RE6 < TR56 ¢ ::D o i• W 78 CT �''V �• 3 n n 00 m o AVAL❑N r1l as PrNE'S w czi as �Q TR75 73 sr Ex w w n n 81 ST z CT Ell 80 ST � M n n 79 ST ESTATES 78 CT 78 PL w i 7 78 ST ~ M THE CENTRE w w ¢ n °n° W❑❑DM❑NT A z xU n ST p R D i TAELEMAC SITE SCHOOL LOCATION n n 76 DR .00 76 CT 4ARAC-01 %j S,BELL cti F & D ARK ' 76 ST TOWN PLAZA n¢ n n¢ M n i / 75 ST GREENBRIAR ' 90 10 L I ALLGAR_OFFICC_BUILDING.DWG ALLGAR OFFICE BUILDING WATER UTILITY EASEMENT Exhibit "2" Temp. Reso. No. 10054 TAMARAC WATER UTILITY EASEMENT FOR: All ar Office Building NAME OF PROJECT On this .24p" day of , 200, that Allgar, Inc., having an address of 7820 North University Drive 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. 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: By: Type Name Peter Vittoratras Corporate Secretary (C(?rporate Seal) STATE OF FLORIDA COUNTY OF Broward SS GRANTOR Allgar, Inc. By: Type Name Michael DiGiorgio 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 Michael DiGiorgio to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. -- / WITNESS my hand and official seal this � day of __ f-ebri:e'*1V , zo_01. NOTARY PUBLIC, State of Florida at Large " David T Moore David T . Moot My commission DD057103 (Name of Notary Public: Prin ,"S a V0p1eni19r18,200 or type as Commissioned) ( ) Personally known to me, or ( Produced Identification L-_0? 6CZ 5YD 6aaTo G0 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 Swenso�nC MC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANT E By: Jo hreiber Ma r Date: Q3 By: % eff't -- Jeffrey L. I er City Manager Dat� A'`3 By: Mitchell � � /- '6' --? ""��''�� : SS Ci 'Attorney COUNTY OF t'c� I HEREBY C RTIFY 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 S re 6 +��fr L M'1kJ-to me kno to be the person(s) described in and who executed the fire Ding instrument and acknowledged before me and under oath that �-- executed the same. WITNESS my hand and official seal this day of , 200_. JUNE A. WHITS o NatarY Public • S" of FWW �( . Cnmrntsrion NOTAR UBLIC, State of Florida , n tjcnrrsd 13Y tiatiansl Natrry Aria. at Large ( 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 ( -T61D NOT take an oath 980605 4 Water and Sewer Utility Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I Michael DiGicrg:o do hereby affirm that I am the President of Allgar, Inc. , and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for Ally Office Building 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. STATE OF FLORIDA SS COUNTY OF Broward FURTHER AFF NT SAYETH NOT. (Signature) This 17 - day of Fa I, war x , 2003 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 Michael DiGLorgio to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. 20_0 WITNESS my hand and official seal this day of NOTA UBLIC, State of Florida at Large � � David T Moore My Commission DD057163 David T. Moore % Expires September %, 2005 ( ) Personally known to me, or ( Produced Identification (Name of Notary Public: Print, Stamp, or type as Commissioned) bt4�- c;26a5-.2z06V Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 980605 5 Water and Sewer Utility Easement Exhibit "A" Temp. ResO. No. 10054 Bo UNDAR Y SURVEY 5LVD GRAPHIC SCALE � so a ao eo a ( IN Ipm) ;. LEGAL DESCRIPTION: 1 imh - 80 p{ �e ra.w see sr. LOT 21, BLOCK 11, LYONS COMMERCIAL SUBDIVISION NO. LOT 20 3, ACCORDING TO THE. PLAT THEREOF, ACCORDING TO BLOCK 11 THE PLAT THEREOF; AS RECORDED IN PLAT BOOK 76, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LOCAT]ON MAP f 5' U.E. 83' r INGRESS EGRESS 6 PROPOSED d iD' PLANTING 15' NOT TO SCALE FND 1 /2- FND. 1/2"ESMT, WALL 0 15' ESST. I.R.C.UIE, I I.R.C. #4531 0 (j4531 N8947'44"E 293.00' (P) 291.00' M (2' O/S W.) (W O �/ W j N ,/0 0. F— 3 o con LOT 21 NOTE: � `� a X CAL w I BLOCK FOR IMPROVEMENT N I I N Cq r r i > CD O 1 LOCATIONS SEE FINAL $ I LLJ m z II I SURVEY. _ I I FND. 1/2" II—I.R.C. #4531 (P.C.) D. 1 /2' SURVEYOR'S NOTES: I.R. 1. ALL BEARINGS OR ANGLES SHOWN HEREON ARE BASED ON THE RECORD PLAT UNLESS OTHERWISE NOTED, 2- THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH IN CHAPTER SIG17-6 FLORIDA ADMINISTRATIVE CODE. 3. THIS SURVEY OF THE PROPERTY MOWN HEREON IS IN ACCORDANCE WITH THE DESCRIPTION FURNISHED BY: CLIENT 4. RE9ARS AND CAPS WERE SET ON ALL CORNERS UNLESS OTHERWISE NOTED. 5. FIELD WORK COMPLETED ON- 02-14-03 S. THIS SURVEY IS NOT VAUD WITHOUT THE SURVEYOR'S SIGNATURE AND EMBOSSED SEAL. 7. ELEVATIONS SHOWN HEREON ARE BASED ON N.G.V.D. OF 1929 UNLESS OTHERWISE NOTED. BROWARD 8. BENCHMARK OF ORIGIN I -COUNTY BENCHMARK NO. 2641 9. THIS SURVEY IS LOCATED IN FLOOD ZONE AH PER N.F.LP. COMMUNITY -PANEL MAP NO. 12005g1 InO5-F BASE FIRM ELEVATION IS 12.0' FEET DATE OF FIRM IS 10/2/97 10. PROPERTY ADDRESS IS: XXXX UNIVERSITY DRIVE TAMARAC, FLORIDA, 33321. I SW4T4rW 291W (P) 2 &OW (M) FND. 1/2" LOT 22 #453 (S O/S W.) BLOCK 11 THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS OF THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO CHAPTER 472.027, F.S. NOTE. THE PROPERTY DESCRIBED HEREON HAS NOT BEEN ABSTRACTED TO REFLECT ANY ENCUMBRANCES THEREON BY THE UNDERSIGNED AND/OR DAVIS & PURMORT, INC. DATE. 02-19--03 CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF SURVEY OF THE AB SCRIBED PROP TY IS TRUE AND CORRECT TO THE BEST OF KNO DGE�ND EF AS, SURVEYED UNDER MY DIRECTION. I j PAUL A. DAVM P.L.S. Mi II STATE OF FLORIDA. I !I D,, r T �] ,(n D �] INC.LE. I" = 60' -DAVIS OL P fJ ,1�r.lYl V 1�r j j 1 V DRAWN BY. N.L.R. LB ,j10007219 aA TE. 02-19-03 Land Surveyors . band Development -Consultants . Planners JOB NO. 121595 843 SOUTHEAST $th AVENUE- DEERFIELD BEACH, FL 33441 F B./P0. 103/42, FILE Phone: (954) 421 -9101 & (954) 698-9101 fdx: (954)698-9722 FILE i ion® 8c GondomInIurYist LcIncl 94 Sitm PIQnning Lot Surveys o Mortgage Surveys . Acreage Surveys . Topogrophlc Surveys . Record Plats . Condominium Plata . Construction Layout SHEET NO. 1 OF 1 Exhibit "B" Page 2 of 2 Temp. Reso. No. 10054 LEGAL DESCRIPTION: THE FOLLOWING DESCRIBED PARCEL OF LAND A 20' FOOT BY 50' FOOT, AND 6' FOOT EASEMENT FOR WATERLINE UTILITY PURPOSES OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 6' FEET OF THE EAST 228' FEET, LESS THE EAST 15' FEET OF LOT 21, BLOCK 11 TOGETHER WITH THE NORTH 20' FEET OF THE WEST 65' FEET, LESS THE WEST 15' FEET OF LOT 21, BLOCK 11, LYONS COMMERCIAL SUBDIVISION NO. 3, ACCORDING TO THE PLAT THEREOF; AS RECORDED IN PLAT BOOK 76, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID EASEMENT CONTAINING 2,278 SQUARE FEET/0.0523 ACRES MORE OR LESS, DA VI S & P URMOR T, INC. LB {r0007219 Land Surveyors • Land Development • Consultants • Planners 843 SOUTHEAST 8th AVENUE— DEERFIELD BEACH, FL 33441 Phone: (954) 421-9101 do (954) 698-91o1 fax: (954)698-9722 'imians 8k Gondomi-1- Land do Sitm l Icnnning Lot Surveys Mortgage S—qs Acreage Survays ToMr"c Surveys Record Mats CondomiMiUn Plate Construe6on Layout SCALE. 1" = 60' DRAWN BY. N.L.R. DATE 02-17-03 JOB NO. 121595 F.B.1PG. 103/42, FILE FILE SHEET NO. 2 OF 2 Exhibit "B" Page 1 of 2 Temp. Reso. No. 10054 Sl 1 l i T V l l OF LEGAL swiMeu n e�w. 6 GRAPHIC SCALE 60 0 30 60 120 s� M.Itt 7 i ( IN FEET ) I INCH = 60 FT. LQCA7I0N MAP NOT TO SCALE LOT 20 BLOCK 11 ib' PLANTING 15 UINGRESS3EGRESS� 6 r PROPOSED 15• 15. � ESMT. l ESMT. ..� I f W&-I U.E. WALL. F- 0 45 Ne9'47'+CE 293.W (P) I .a177777 I W w7 a 50' / /N 1✓ oLd I I I LOT 21 I v 0 0 Ld BLOCK 11 N n i 00 N 1 { ( 1 re = C: .. S894V40W 293.00' (P) II 1 LOT 22 BLOCK 11 LEGEND: (P) = PLAT U.E. = UTILITY EASEMENT P.B. = PLAT BOOK PG. - PAGE NOTE: (U.N.O.) = UNLESS NOTED OTHERWISE ALL EASEMENTS PLAT (U.N.0). SURVEYOR'S NOTES: I. ALL BEARINGS OR ANGLES SHOVM HEREON ARE SASED ON THE RECORD PLAT UNLESS OTHERWISE NOTED. 2. THIS SURVEY IS NOT VALID WITHOUT THE SURVEYOR'S SIGNATURE AND EMBOSSED SEAL. CERTIFICATE: I HEREBY CERTIFY THAT THE TACHED SKETCH OF SURVEY OF THE AS VE'IB PR ERT S TRUE AND CORRErT TO THE BEST OF KNO AN LI A SURVEYED UNDER MY DIRECTION. e UL A. DAMS P.L.S. #4531 STATE OF FLORIDA. scA� E: "' = "0' ,UA VIS & PURMOR T, INC. DRAWN BY. N.L.R. LB #0007219 DA TV 02-17-03 Land Surveyors . Land Development -Consultants - Planners JOB NO: 121595 43 SOUTHEAST Sth AMENUE- DEERFIELD BEACH, FL 33441 Phone: (954) 421-9101 & (954) 698-9101 fax: (954)898-9722 FQ/PG. 103/42, FILE SubdivTaHons 'Sc CandominiUms3 L.srnd do Site Pionning FILE Lot SUTVWS Mortgage Surveys Acreage S—M Topographic Surveys Record +10% Condp,ifniurn Plots CorraVuetion Layout SHEET NO. 1 0F 2