HomeMy WebLinkAboutCity of Tamarac Resolution (147)IJ
1
Temp. Reso. #9683
February 6, 2002 1
CITY OF TAMARAC
RESOLUTION NO. R-2002-147
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE "TAMARAC WATER AND SEWER UTILITY
EASEMENTS" WITH VARIOUS RESIDENTS OF THE
TAMARAC LAKES DEVELOPMENT SECTIONS 1 AND 2,
FOR THE TAMARAC LAKES SEWER EXTENSION AND
WATER DISTRIBUTION PROJECT LOCATED ON THE EAST
SIDE OF 21IT AVENUE JUST NORTH OF PROSPECT
ROAD, TO ALLOW LEGAL ACCESS BY CITY UTILITY
PERSONNEL FOR MAINTAINING AND OPERATING THE
WATER DISTRIBUTION AND SEWAGE COLLECTION
SYSTEM IMPROVEMENTS; AUTHORIZING AND
DIRECTING THE CITY CLERK TO RECORD SAID
DOCUMENTS IN THE PUBLIC RECORDS OF BROWARD
COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the implementation of the Tamarac Lakes Sewer Extension and Water
Distribution Project requires the installation of the Water Distribution and Sewage
Collection System Improvements; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution and Sewage Collection System Improvements required to serve the Tamarac
Lakes Sewer Extension and Water Distribution Project; and
WHEREAS, in Tamarac Lakes Development Sections One (1) and Two (2), the
owners of various properties (a copy of which is attached hereto as "Exhibit 1"), have
offered the "Tamarac Water and Sewer Utility Easement" for water mains, water services,
fire hydrants and sanitary sewers; and
Temp. Reso. #9683
February 6, 2002 2
WHEREAS, it is the recommendation of the Director of Utilities that these
easements be accepted and executed for the Tamarac Lakes Sewer Extension and Water
Distribution 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
the "Tamarac Water and Sewer Utility Easements" with the owners of various properties in
Tamarac Lakes Development Sections One (1) and Two (2), for the Tamarac Lakes Sewer
Extension and Water Distribution Project, required for the maintenance and operation of
the Water Distribution and 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: The appropriate City Officials are hereby authorized to accept
and execute the "Tamarac Water and Sewer Utility Easement" (a copy of which is attached
hereto as "Exhibit 2") with property owners as shown in Exhibit 1, for the Tamarac Lakes
Sewer Extension and Water Distribution Project, located on the east side of 215t Avenue
just north of Prospect Road, 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 directedto record said
documents in the Public Records of Broward County. 14-
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
1
Temp. Reso. #9683
February 6, 2002 3
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 12th day of June, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
KESOLUTION as to form.
vv
MITCHEL . K
CITYATTORI'
REG/KRW/mg
1
� L
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST 1:
V/M. PORTNER
AYE
DIST 2:
COMM. MISHKIN
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4:
COMM. ROBERTS
AYE
"EXHIBIT 1"
TAMARAC LAKES WATER DISTRIBUTION AND SEWER EXTENSION
CONSTRUCTION PROJECT
TEMP. RESO. #9683
Address
Owner Name
4579 NW 191h Way Felipe Martinez
"EXHIBIT 211
TEMP. RESO. #9683
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR: Tamarac Lakes Water Distribution and Sewer Extension Construction Project
NAME OF PROJECT
On this'2 �lay of 2002, that Felipe Martinez having an address
of 4579 NW 19th Wa Tamarac Florida, 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 (hereinafter "the
servient estate"), and legally described as:
Lot 10, Block 10, TAMARAC LAKES SECOND SECTION, according to the Plat thereof,
as recorded in Plat Book 59, Page 46, of the Public Records of Broward County,
Florida.
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 "A", (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
000810 1 Water and Sewer Utility Easement
Tamarac Lakes Section 1
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.
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.
Grantor grants to the Grantee the right, temporarily, to enter onto
Grantor's property for the purpose of performing all necessary work and
construction associated with the Tamarac Lakes Water Distribution and Sewer
Extension Construction Project, including, but not limited to, the following:
Locating and removing existing water main; locating and abandonment of
existing utility service lines on property; installation of new utility service lines;
locating and identifying septic tank; abandonment of septic tank on property; tie-
in to new sewer system.
000810 2 Water and Sewer Utility Easement
Tamarac Lakes Section 1
Grantee's right to enter onto Grantor's property for the purposes set forth
above shall expire upon completion of the Tamarac Lakes Water Distribution and
Sewer Extension Construction Project, at which time the Grantee shall continue
to have those access rights as granted in the perpetual easement described in
Exhibit "A".
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.
000810 3 Water and Sewer Utility Easement
Tamarac Lakes Section 1
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
Witness
Type Name ��t ► C
Witness
Type Name
STATE OF FLORIDA
SS
COUNTY OF rPVr`
(GRANTOR)
Type Name/TitleZ-
Type Name/Title
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 Felipe Martinez 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 'mil J ,
2002.
( ) Personally known to me, or
( LTP'roduced Identification
( ) DID take an oath, or (
000810
r
Type of I.D. Produced
) DID NOT take an oath.
4 water and sewer utility Easement
Tamarac Lakes Section 1
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
By:
Marion Swenson, MC
City Clerk
STATE OF FI-ORIDA
• SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorizes in ine atattl
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
•.j't,�At y I. to me known to be the person(s) described in and
who executed the foregoing instrument and �r acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this day of
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe elber
May
Date: LX- u �y-
By: W �- - �?
effrey ilie
City Manager
20L'�
FFM A WHITE TARY SEAL
NOTARY PUBLIC STATE OF FLORTDA
COMMISSION NO. CC775M
MY COMMISSION EXP. SEPT 15
(/ Personally known to me, or
( ) Produced identification
NOTAR 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 (✓) DID NOT take an oath
000810
Water and Sewer Utility Easement
Tamarac Lakes section 1
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST: MORTGAGEE
��`� d
By. By:
Type Name ARY Type Name SHAWN BTVEN, ARRTSTANT UTCE
Corporate Secretary President
``ti,uuunrrr,rrr
-`,�Q�
4 o�p0RAri
(Corporate Seal) •—
'ti SEJkL
a�
STATE OF KENTUCKY
: SS
COUNTY OF JEFFERSON :
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 to me known to be the person(s)
described in and who executed the foregoing instrument and HF acknowledged
before me and under oath that HE ._ executed the same.
WITNESS my hand and official seal this 30TH day of MAY
20__Q1.
TQI L, McLAURIN
Notgry Pubk, State at Large
State of Kentucky,
my Nmmission Expires oq
(."Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
00R810
(fn1�
NOTARY PUBLIC, State of KENTUCKY
at Large
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I,D. Produced
) DID NOT take an oath.
6 Water and Sewer Utility Easement
Tamdrac Lakes Section 1
EXHIBIT A
SKETCH AND LEGAL DESCRIPTION
By
PULICE LAND SURVEYORS, INC.
+ 5381 NOB HILL ROAD P�
SUNRISE, PL.ORIDA 33351 k
TELEPHONE: (954) 572-1777 • FAX: (954) 572-1775
E—MAIL: surveys0pulicelandsurveyors.com . CERTIFICA•TE OF AUTHORIZATION #L.B3870
LEGAL DESCRIPTION:
THE EAST'6.0 FEET OF LOT 10, BLOCK 10 OF "TAMARAC LAKES
SECOND SECTION" AS RECORDED IN PLAT BOOK 59, PAGE 46 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
SAID PARCEL CONTAINING 284 SQUARE FEET.
NOTES:
1) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT
A FIELD SURVEY:
F'FILE- CITY OF TAMARAC
SCALE: 1•-50,
ORDER NO: 39719-10-10
SURVEY DATE: 6-29-00
mmminz
4579 NORTHWEST 19th WAY
NORTHWEST 46th STREET
4st��URr
John F. Pulice, Reg. Land Surveyor-42691, Stote of Florida
Michael Charles Flynn, Reg. Land Surveyor 13281, State of Florida
Joy Keri, Rag. Land Surveyor #5721. State of Florldo
FOR= CITY OF TAMARAC