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Home My WebLink AboutCity of Tamarac Resolution R-2001-106Temp. Reso. #9357 1 May 9, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-106 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PUBLIC UTILITY EASEMENT WITH TAMARAC HOTELS, INC., FOR THE COMFORT SUITES PROJECT LOCATED ON THE 8300 BLOCK OF WEST COMMERCIAL BOULEVARD; 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 development of the Comfort Suites Project located on the 8300 block of West Commercial Boulevard (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 all underground utilities facilities; and WHEREAS, Tamarac Hotels, Inc., as owners of the Comfort Suites Project have offered the "Public Utility Easement" (a copy of which is attached hereto as "Exhibit 2") for utilities; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed; and 1 Temp. Reso. #9357 2 May 9, 2001 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 appropriate City Officials to accept and execute a "Public Utility Easement" with Tamarac Hotels, Inc., for the Comfort Suites Project located on the 8300 block of West Commercial Boulevard as required for the installation and operation of various public utilities and infrastructures. 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 "Public Utility Easement" agreement with Tamarac Hotels, Inc., for the Comfort Suites Project located on the 8300 block of West Commercial Boulevard 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. 1 1 Temp. Reso. #9357 3 May 9, 2001 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 911 day of May, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RVStLUTION as to form. ITCHELL`S. KFZ/ CITY ATTORNE RG/DTM/db / JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER c o l DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS (..etc . EXHIBIT I TEMP. RESO. # 9 3 5 7 w70 ST ca caz 70 CT (n U (n LO ¢ �� 'Lu, < z tD> v> o W o a r w " z �y WOODMONT ¢ WOODMONT a aW z0a Q a m¢ o w o a ¢ w z %? c¢a ww COMMONS m PLAZA l7 L- H H (4 H Y W J 3 McNAB R❑AD w w w w w w w w C❑NC❑RD VILLAGE w W[]❑DLANII LAKES w w w w w w w w W w W ,WOO w w w w w W W w w v w w w w w w •V LA w w W w w W W W w v \ w w W w TS• w w w w w w SANDS P[IIN COL. W. �� w w Y w w CAN w w CLUB �� LAND ,SEC. 9 w w w w w y NDN�'AT£ HOUSE w w w �� CpWNy w N. U �rR GARDENS w RAL LMS w w w + NN ❑LF w w w w PZ� CAMW� w V LLAS w w w w w w w W w R❑KEST LONY C w S COIR. w w APTS. w � S NHS P LIN ww ww P www PARKW❑ ww wwww w w w w w ww w W W w w w w w w w w w w w w w w w w WEDGES w w w w w ,t`w w w Y GOLF COURSE, w w w w w W w w w w `\ w FAIRVIEW DR W W \ w w w w w w w w w w BOARDWALK APTS. r FAIRWAYS Q 61 ST BOARDWALK APTS. OD g ST 62 CT � 1 59 PL cr 59 PL / % % g UU SSEE 7 Ld Q a 59 CT W g ISLEST 59 CT ¢ ¢ % ¢ CEDGEW TER) 61 rSl Z J / r. in MAINLANDS c) m o > w ¢ m 59 ST m UNIT 13 59 ST °D % m ¢ 3 %� ��/1 / WATERSIDE 60 ST r 58 1% 58 PL % 58 P 1ff%% % w > w 1 MAI L NDS" ¢ Li 58 CT nm M ¢ r %% UN T 1,fj 58 HEAR❑TFAND 58 ST %o /% a S %fi CT m CD N %% m m m Y/ TAMARAC 57 DR i%. %/ S8 > % w MAI LADS U Trl� q 1 St ¢ % 57 LN �. 7 RE N AVE L / 57 PL cr m W > °D ¢ n 57 PL g 12 FAIRH�4VEN > m ¢ OD g m FD ¢ 8741-8767 57 CT 57 CT o+ OFC. BLDG 57 ST NW 57TH ST SITE Q LOCATION z CHEVRON N OD o0 COMMERCIAL— BLVD,— COMFORT_SULDWG COMFORT SUITES PUBLIC UYILITY EASEMENT Exhibit 2 TAMARAC PUBLIC UTILITY EASEMENT FOR: _ . CstmfQrt__ Suites NAME OF PROJECT This PUBLIC UTILITY EASEMENT made this q 0) day of 2001 by Tamarac Hotels Inc. having an address of 2201N.Federal Hwv,Fort Lauderdale. FL 33305 (hereinafter "Grantor"), and 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"). (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 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 the installation and maintenance of public utilities,, a legal description of which is attached hereto as Exhibit B. 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 Public 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 _Dilip Patel Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF,*S GRANTOR By: c� Type Name Dilip Patel President I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State r r� aldto take acknowledgments, personally appeared o a dp th County aforesaid 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 /0 day of ^X)or,, ,UK 7a00 z ►�FdNAN PRICE MY COMMISSION N CC 945719 EXPIRESVry : Jung 15 p04 NoPub1k ljr2004 roro 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 ( ) DID NOT take an oath. 980605 3 Public Utility Easement ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joreiber Mayor Date: 5 /1S-o/ ATTEST: - y:- �'�-- J effrey L. le f3y: City Manager Marion Swensori, CIVIC City Clerk Date: ,r STATE OF FLORIDA By: Mitl SS CitjAttorney ' COUNTY OF rDGt7G' d : I HEREBY CERTIFY that on this day, b ore me, an officer duly authorized in the State aforesaid and in the County aforesaid to ake acknowledgments, personally appeared GE-P-JE� Z. i&C&-e to me known to be the person(s) described in and who executed the foregoing instrument and W� acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this 20 0/ . vr♦ •"��rw� •r •�,��r��• r� ♦mow *vT • ��uAaAAw • ♦AA + • AAA ♦Aw♦ (,, "Personally known to me, or ( ) Produced identification day of a J NOTARY PUBLIC, tate of Florida at Large (�lA k®GvSx I (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 Public Utility Sasement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE 1, _ Diliu Patel do hereby affirm that I am the _ President Of Tamarag Hgtelg Ing.and that I have executed a Public Utility Easement with the City of Tamarac for comfort suites project and that I am the owner of the property covered by said Public Utility Easement. There are no mortgages held on the property, which is the subject of said Public Utility Easement. FURTHER AFFIAN S YE H NOT. (Signature) This /3 day of f ,AeT , SS COUNTY Ov&,4aWJ I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State ofoeresaid�fa+fn� in the County aforesaid to take acknowledgments, personally appeared to me know to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that ZeL executed the same. WITNESS my hand and official seal this .0 day of My �rtg og �tP1R�S: J � 00 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 ( ) DID NOT take an oath. 980605 5 Public Utility Easement EXHIBIT "A" LEGAL DESCRIPTION: LOTS 4,5 AND 6, BLOCK 7, LYONS COMMERCIAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 69, PAGE 42, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LESS: THE SOUTH 7 .00 FEET OF SAID LOTS 4,5 AND 6. Exhibit B STONER & ASSOCIATES, Inc, 1372 North University Drive SURVEYORS - PLANNERS Tel. (954) 370-1880 Plantation, Florida 33322 LB" 6633 Fax (954) 370-1883 SKETCH OF DESCRIPTION OF A 6 FOOT PUBLIC UTILITY EASEMENT CITY OF TAMARAC, BROWARD COUNTY, FLORIDA LEGAL DESCMP77ON: A PARCEL OF LAND BEING A PORTION OF LOTS 4, 5 AND 6, BLOCK 7, LYONS COMMERCIAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 69, PAGE 42, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 6.00 FEET OF SAID LOTS 4, 5 AND 6; TOGETHER WITH: THE EAST 6.00 FEET OF SAID LOT 4; TOGETHER WITH: THE WEST 6,00 FEET OF SAID LOT 6; TOGETHER WITH: THE NORTH 6.00 FEET OF THE SOUTH 73.00 FEET OF SAID LOTS 4, 5 AND 6. SAID LANDS SITUATE WITHIN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. CONTAINING 0.160 ACRES (6,972 SQUARE FEET), MORE OR LESS. SURVEY NOTES: 1. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FROM OWNERSHIP, RIGHT-OF-WAY, EASEMENTS OR OTHER MATTERS OF RECORD BY STONER & ASSOCIATES, INC. 2. THE BEARINGS SHOWN HEREON ARE BASED ON N.89'35'06"E., ALONG THE SOUTH LINE DF SECTION 9, TOWNSHIP 59 SOUTH, RANGE 41 EAST. 3. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. (THIS IS NOT A SURVEY). 4. THIS SKETCH WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF A TITLE SEARCH. THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER & ASSOCIATES, INC. P.B. _ PLAT BOOK PG. _ PAGE B.C.R. BROWARD COUNTY RECORDS (P) _ PLAT DISTANCE L.B. _ LICENSED BUSINESS CENTERLINE R/W - MIGHT -OF —WAY _BREAK IN LINE SCALE CERTIFICATE: I THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KN F. I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE F A Bp RD OF PRO SSIONA SEAL AND MAPPERS IN CHAPTER 61G77-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.07, FLORIDA TE . REVOONS DATE By 0) NOT VAUD UNLESS O RICWD G.. CmwF RD SEALED HERE WITH 00 AN EMBOSSED 1 PROFESSIONAL SURVEYOR AND MAPPER NO. 5371- STATE OF FLORIDA SURVEYOR'S SEAL 'p C DATE OF SKETCH: I DRAWN BY CHECKED BY FIELD BOOK Cu01/19/01 WDLR RGC N/A SHEET 1 OF 2 n . . STONER & ASSOCIATES, Inc. 1372 North University Drive SURVEYORS - PLANNERS Tel. (954) 370-1880 Plantation, Florida 33322 5 LB. 6633 Fax (954) 370-1883 SKETCH OF DESCRIPTION OF A 6 FOOT PUBLIC UTILITY EASEMENT CITY OF I'AMARAC BROWARD COIJIIITY FLORIDA SCALE: 1" = 50' N.W. 57th STREET r THIS SKETCH y .W. 57th STREET w a; f' Iui . . 1 nY Y 4; S GY tt 11T I 1 101 b N 9 3 3 z z WEST COMMERCIAL BOULEVARD 0 12 25 50 100 ,na Dln]LJT—rIC—WAV 1 nr_wrinsi MAD DEDICATION PER PER O.R.B. 6786 WEST COMML HUIAL bUULLVHKU PG. 930, B.C.R. 120' RIGHT-OF-WAY SHEET 2 OF 2 C co C n