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Home My WebLink AboutCity of Tamarac Resolution (317)Temp. Reso. #9950 October 17, 2002 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002- ', 17 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 JOSEPH S. JANOURA, PRESIDENT OF JOGE INVESTMENTS, INC., DBA MARKETPLACE AT TAMARAC FOR THE MARKETPLACE AT TAMARAC PROJECT, LOCATED ON THE NORTHEAST CORNER OF WEST COMMERCIAL BOULEVARD AND NW 70T" AVENUE, 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 DOCUMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Utility Plan for the Marketplace at Tamarac Project, located on the northeast corner of West Commercial Boulevard and NW 70"' Avenue (a copy of which is attached hereto in map form as "Exhibit 1 ") was approved by City of Tamarac Utilities Engineering Division on August 8, 2002; and WHEREAS, the Marketplace at Tamarac 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 Marketplace at Tamarac Project; and WHEREAS, Joseph S. Janoura, President of Joge Investments, Inc., dba Marketplace at Tamarac has offered a "Tamarac Water Utility Easement" for Water Temp. Reso. #9950 October 17, 2002 2 Distribution System Improvements installed for the Marketplace at Tamarac Project; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Marketplace at Tamarac 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 Joseph S. Janoura, President of Joge Investments, Inc., dba Marketplace at Tamarac for the Marketplace at Tamarac Project, required for the installation, maintenance and operation of 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" (a copy of which is attached hereto as "Exhibit 2") with Joseph S. Janoura, President of Joge Investments, Inc., dba Marketplace at Tamarac for the Marketplace at Tamarac Project, located on the northeast corner of West Commercial Boulevard and NW 70t" 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 document in the Public Records of Broward County. Temp. Reso. #9950 October 17, 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 131h day of November, 2002. d gg d 4 JOE SCHREIBER ATTEST: MAYOR RECORD OF COMMISSION OTE: MARION . WENSON, CMC MAYOR SCHREIBER t CITY CLERK DIST 1: V/M PORTNER.�� DIST 2: COMM. MIS IN DIST 3: COMM. SULTANOF I HEREBY CERTIFY that I DIST 4: COMM. ROBERTS —; 4�- have approved this RESOLUTION as to form. MITCHELL S. RAF CITY ATT NEY x I'll 13 1 i 's 11111 TEMP. RESO. # 1 64 ST 163 CT 63 ST 62 STD 62 ST < ct) ko 61 ST > 60 CT < r, 'D MA NLAN S C 60 ST Y 59 ST 59 ST C7- 9 Sp > sa & > > < > co uj co `D L < 57 DR > <1 > D 57 DR �D m n�A NLA DS SEC 8 r- SITE LOCATION ...... 13, A 0 z > 58 ST > < -1: %D %0 Zi L; 1! BERMUDA cu UN11LI) ml> B CHURCH .D <CLU 57 ST THE PZ U L3 < < fy- Ld Z W < M <E 0��z ui-5 EV., R 6 AINS < '57 ST p T_ AP THENTS w LLJ < L3 Z 0 -J 'D 1-4 Z L, L� -J 0 Ld L, CL _j -p" M Ld �E -j < -J X: fn a- z -T': > L" F-- > < wr 0- �o Ej LC0-Pq LL, CC" 0 0� (z < OTHE FMMTAINS CW. CEN X cti WHITE OAK C fif RD, V a- 56 ST < < WATER OAK C L C 14 VR > \D Marketptace-at-TaLmarac.DWG "EXHIBIT 2" TAMARAC UTILITIES WATER UTILITY EASEMENT FOR.: MARKETPLACE AT TAMARAC NAME OF PROJECT On this -day of f ' , 20 !�- that Joseph S. ,Janoura,..President Joqe Investments Inc, dba Market lace at Tamarac having an address of 7764 NW 44th Street Sunrise FL 33351 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. n00615 1 Water and Viewer f lfility F:aCement 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 aboveywritten. ATTEST: By: ,<r Type Name V I� Corpo ate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF Broward G Type Name Joseph S. Janoura President: boge Investments, Inc., dba Marketplace at Tamarac 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 joceDh S. jmnourp-to me known to be the person(s) described in aM who exe ted the foregoing instrument and ke acknowledged before me and under oath that le executed the same. WITNESS my hand and official seal this ___q_ day of &-jr 20 W- . AMY MAIRIE EDWARDS MY COMMISSION # DO 137890 EXPIRES: July 30, 2006 1-8W3-NOTARY FL Notary service A Boncling, Inc. ( ) Personally known to me, or ( ) Produced Identification NOTA C�StaiZe orida at Large tom, Man e Ldiw (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. P oduced ( ) 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: )2�6� Marion Swenson, CIVIC City Clerk STATE OF FLORIDA �19 ACCEPTED BY CITY OF TAMARAC GRANTED By: Joe cf' reiber Mayor Date: f! /.3 By: Jeffrey L ille "City Manager er 'kr Date: // // 1c, Approve4 a0o form COUNTY OF 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 -li _ 'c reibw LJeT W' Z-Hf2GE4 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 day of 'L1� 11/k '. 20. ( L-fPersonally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large •.'SLY P(, � homas L Schneider �T My CCbMMI$Wrt DD007446 ®� Expires nA;fQh 08: 2WS (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 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. MORTGAGEE ATTEST: Wells Fargo Bank Minnesota, N.A., as Trustee for NationsLink Commer ial Mortgage Pa -Through Certificates Series 1998 1, By a thr ugh its M ter ervicer, Midland Loan Services, Inc. By - Type Name B S' e Corporate Secretary Exectve Vi P sident and Its Servicinq fficer (Corporate ea; STATE OF FLORIDA SS COUNTY OF Rnw� 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 �T._. F. to me known to be the person(s) described in and who e ecuted the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this, day of 2a� . is - - �:�&hJ i�AR�tiSl-i N T - U , ate of Florida r +*r%°'SIGN G at ge PN7f 70 2M5 Aux 9a I's -. ` a (Name of Notary Public: Print, Stamp, or type as Commissioned) ( ) Personally known to me, or ( Produced Identification p� Type of I.D. 10roduc6d ( ) DID take an oath, or ( } DID NOT take an oath. 9190605 5 WafPr And sPWpr i Jfility Fa,;PrnPnf NODE: 1111`: IS NOT A S I Exhibit A. SKETCH AND DE-C;MPTION URVEY [T JT ONt X A GRAPHIC REPRFSFN-TATiON OF iIAE DLSCRIP 110N SHOWN HFRFON, NW 70r' Avfr i f f tF c�. Legal Description: Parcel A of`TIIF, RK PLAT, according to the Flat thereof, recorded iii Plat Book 1.43, Page 22 of the Public Records of Broward County, Florida. NUI5, The underilgned and ASSOCIATED ENCINCERS do SURYEYORSOF SOIIrH F1.0RIDA, CORPORATION ,"e no rel)—tnfl— or quorantecn aft to the CoMptet[(1aa of the infexmatton reflected hereon pertoloIng to eneemrnI, rlrrft-af-way set bark lines, ren—time, ogrewnwrts aother rnottcr of rrcof This Instrument In Intmded to fooect or set forth only the Inf-motlon qt lwn In the references above. ASSOCIAIF:v ENCINFERS & 511RVF.YC)FIS OF 1,3()UIH FL,ORIDA WWI Old reat re Oath public xtcord$ mntfern arrerfinq the land drown. NOTE- Thrx tnstr—t k Is the pronemty of ASS IAIED ENCINELItS & SURVEYORS of SOUTH FLORIDA, COR41, and choll not bo reproduced In whrfte ar to part w{thmxt wrlttm parrnleelm 01 ASgMARU ENGNEERS & SI1RV4'.YORS IT SOUTH rLOMDA CORPORATION. SCALE, i' =100' DRAWN B'Y: CHOCKED UY: IAA F.E3 PG FILE PROJECI No. C12 C1�' f LX}ll.f)iC 1 B" o� �� •G ASSOCIATED ENGINEERS & SURVEYORS OF SOUTH FLORIDA, CORPORATION CONSULTNR ENGRIEERS - LAND SURVEYORS 7320 GRIFFIN RD, SUITE 03, R 33314 PF O E (954) 791-2110 •OGrm w FAX: (954) 791-V52 " 1-888-397-6333 FSIi[.L r i Or 1 ----SKETCH AND DESCRIPTIONi, NOTE: THIS IS NOT A SURVEY BUT ONLY A GRAPHIC REPRESENTATION OF THE DESCRIPTION SHOWN HEREON, A/ fry 70 77� A VE