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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-107Temp. Reso. #9353 April 11, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-107 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A 'TAMARAC WATER AND SEWER UTILITY EASEMENT" WITH TAMARAC HOTELS, INC., FOR THE COMFORT SUITES PROJECT, LOCATED ON THE 8300 BLOCK OF WEST COMMERCIAL BOULEVARD, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION SYSTEM; 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 Comfort Suites Project, located on the 8300 block of West Commercial Boulevard (attached hereto in map form as "Exhibit 1 ") was approved by City Commission on December 13, 2000; and WHEREAS, the development of the Comfort Suites Project requires the installation of the Water Distribution System; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution System required to serve the Comfort Suites Project; and 1 Temp. Reso. #9353 April 11, 2001 2 WHEREAS, Tamarac Hotels, Inc., as the owner of the property, has offered the "Tamarac Water and Sewer Utility Easement" for water mains, water services and fire hydrants ; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Comfort Suites 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 and Sewer Utility Easement" with Tamarac Hotels, Inc., for the Comfort Suites Project, required for the installation, maintenance and operation of the Water Distribution System. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: That the appropriate City Officials are hereby authorized to accept and execute a "Tamarac Water and Sewer Utility Easement" (attached hereto as "Exhibit 2") with Tamarac Hotels, Inc., for the Comfort Suites Project, located on the 8300 block of West Commercial Boulevard, to allow legal access by City Utility Personnel in performing their duties, including utility installation, maintenance and operation. SECTION 3: That the City Clerk is hereby authorized and directed to record said Agreement in the Public Records of Broward County. Temp. Reso. #9353 April 11, 2001 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 9th d y of Ma , 2001. JOE SCHREIBER MAYOR ATTEST: " ]-)k �-- -, � - I I �- MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESQLIOTION as to form. MITCHELL S. KF CITY ATTORN TR/DM/db RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DI�T`1: COMM. PORTNER DIST 2: COMM. MISHKIN rl'" DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS EXHIBIT 1 TEMP. 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BLDG 57 ST NW 57TH ST x w cr SITE -<"I LOCATION Z CHEVRON N m m — _ --------------- COMMERCIAL BLVD, — r COME❑RT-SUI.DWG COMFORT SUITES WATER AND SEWER UTILITY EASEMENT Exhibit 2 TAMARAC UTILITIES WATER ANDS WER UTILITY EASEMENT FOR Comfort Suites NAME OF PROJECT On this Q'day of V�� 0OC that Tamarac Hotels Inc. having an address of 2201 N.Federal Hw Ft.Lauderdale FL 33305 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 W, 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. 980605 1 water and Sewer Utility Easement ■i I 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 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. 980606 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 _ Dilip pater Corpgate Secretary (Corporate Seal) STATE OF FLORIDA COUNTY OF &W,1e1J 5S GRANTOR (� By: Type Name _ Dilita Patel _ President I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and inthe County aforesaid to take acknowledgments, personally appeared iCcz--- _ _ _ to me known be the person(s) rlo described in and who executed th foregoing instrument and acknowledged before me and under oath that _ executed the same. WITNESS my hand and official seal this day of Personally known to me, or I ( ) 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 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 Swefison, CIVIC City Clerk STATE OF FLORIDA Date ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jo chreiber M ' or Date: 5 15 o1 Y: Jeffrey illerl City Manager �- : SS City Attorney V ` COUNTY OF WO,+d : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and 'n the County aforesaid to take acknowledgments, personally appeared �4ESeN�aB J F - L. ,i-huL-r_ to me known to be the person(s) described in and who executed the foregoing instrument and _ acknowledged before me and under oath that 4teL executed the same. WITNESS my hand and official seal this 20 ©/ . VVT • I�AAAAAA.AAAAAAA♦AAAAAIAA�A'�.AA�AA*.' (�Z Personally known to me, or ( ) Produced identification i5 day of NOTARY 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 980605 4 Water and Sewer Utility Easement E 9 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Dilip Patel do hereby affirm that I am the President Of Tamarac Hotels Inc and that I have executed a Water and Sewer DEVELOPER'S Agreement with the City of Tamarac for Comfort suites project and that I am the owner of the property covered by said DEVELOPER'S AGREEMENT. There are no mortgages held on the property, which is the subject of said DEVELOPER'S AGREEMENT. FURTHER AFFIANT SAYETH NOT. (Signature) r- uo 1 This f, day of 1-49OL— STATE OF FLORIDA : SS COUNTY OF " � omeA I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afgresai an in the County aforesaid to take acknowledgments, personally appeared 1 � b to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that _ L executed the same. WITNESS my hand and official seal this day of r14� -OW-r 4-R 7 C7/ SAY '0MM �� gg5718 SJwe 15, 2p04 EXPIRES, Ne4ry PuEkc U�dervl (V1 Personally known to me or carge A o6rrl �? �16;� (Name of Notary Public: Print, Stamp, or type as Commissioned) Produced Identification r�%WJ Type of I.D. Produced ( ) DID take and oath, or ( ) DID NOT take an oath. 980605 Amendment to Water and Sewer 5 Developer's Agreement -Phase 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. r Exhibit B • 5LB. TONER & ASSOCIATES, Inc. 1372 North University DriveSURVEYORS - PLANNERS Tel. (954) 370--1880 Plantation, Florida 33322 Oe33 Fax (954) 370-1883 CITY OF TAMARAC, BROWARD COUNTY, FLORVA EXHIBIT "B" LEGAL DESCRIP71ON: A 15 FOOT UTILITY EASEMENT, 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, THE CENTERLINE OF SAID UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE S.89'35'06"W., ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 28.92 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE S.00'24'54"E., A DISTANCE OF 257.47 FEET TO A POINT ON A LINE 257,47 FEET SOUTH OF AND PARALLEL WITH SAID NORTH LINE OF LOT 4 AND TO REFERENCE POINT "A"; THENCE S.8935'06"W, ALONG SAID PARALLEL LINE, A DISTANCE OF 10,57 FEET TO REFERENCE POINT "S"; THENCE CONTINUE S.8935'06"W, ALONG SAID PARALLEL LINE, A DISTANCE OF 242.68 FEET TO REFERENCE POINT "C THENCE N.00'24'54"W, A DISTANCE OF 79.38 FEET TO REFERENCE POINT "D" THENCE CONTINUE N.00'24'54"W., A DISTANCE OF 96.21 FEET TO REFERENCE POINT "E-; THENCE CONTINUE N.0024'54"W, A DISTANCE OF 81.88 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 6 AND THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE, THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGHTENED TO MEET AT ANGLE POINTS, TOGETHER WITH: A 15 FOOT UTILITY EASEMENT, THE CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "A", - THENCE N.8935'06"E., A DISTANCE OF 28.90 FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGHTENED TO MEET AT ANGLE POINTS. TOGETHER WITH: A 20 FOOT UTILITY EASEMENT, THE CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "B",- THENCE S.00'24'54"E., A DISTANCE OF 19.63 FEET TO THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGHTENED TO MEET AT ANGLE POINTS. TOGETHER WITH: A 15 FOOT UTILITY EASEMENT, THE CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE AFOREMENTIONED REFERENCE POINT "C' THENCE S.89'35'06"W, A DISTANCE OF 17.86 FEET TO A POINT ON THE WEST LINE OF SAID LOT 6 AND THE POINT OF TERMINATION OF THE HEREIN DESCRIBED CENTERLINE. THE SIDELINES OF SAID EASEMENT TO BE SHORTENED OR LENGHTENED TO MEET AT ANGLE POINTS. CERTIFICATE: ?� THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KN6WLED E AND BELIEF. 1 FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLOR40A B RD OF PROFESSIONALSEALSURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.07, FLORIDA STATUTO. REVISIONS DATE fff NOT VALID UNLESS p RICHMD G.. CMWF SEALED HERE WITH OD AN EMBOSSED I PROFESSIONAL SURVEYOR AND MAPP ATE OF FLORIDA SURVEYOR'S SEAL DATE OF SKETCH: I DRAWN BY CHECKED BY I FIELD BOOK n 01/22/01 WDLR RGC N/A 4 I STONER & ASSOCIATES, Inc. 1372 North University Drive SURVEYORS - PLANNERS Tel. (954) 370-1880 Plantation, Florida 33322 5L& 6633 Fax (954) 370-1883 f SCALE: 1 50' 0 12 25 50 100 GRAPHIC SCALE 19. 100.00, (p) POINT OF CITY OF TAMARAC, BROWARD COUNTY. FLORADA EXHIBIT *210 THIS SKETCH N. W. 5 7th STREET Ll 11111ti WEST COMMERCIAL BOULEVARD N.W. 57th STREET 106' RIGHT—OF—WAY NORTH LINE OF BLOCK 7 P.O.B. — S 8935'06" W 300-00' 100,00' (p) 100,00, (p) �0 co CO LNU POINT *E* N89*35'06" POINT O 36.17 TERMINATION CN c� ka 0 REFERENCE j POINT "ID" N8935'06" 34.05' POINT OF TERMINATION REFERENCE POINT N89.35 06 It, '35 4 :OR- 0,5 3 co it z 'co n c S8 9 35'06"W— b REFERENCE REFERENCE10. 5 7' /L POINT 'C POINT T5 242.68' (- 589*35'06"W S00'24'54"El 20 ' z 1.- Q 17.86' 79.63' z SOUTH LINE OFBLOCK 71 POINT OF IL TERMINATION N 89'3t,06" E 30q 00' 100.00. (p) 100,00, (p) 100,00' (p) L7' RIGHT—OF—WAY DEDICATION PER PER O.R.B. 6786 WEST COMMERCIAL BOULEVARD PG. 930, B.C.R. 120' RIGHT--OF—WAY LOCATION MAP (NOT TO SCALE) 15. 00' 1W '5; m — n o z F 0 L 0 0 �0 co CO LNU POINT *E* N89*35'06" POINT O 36.17 TERMINATION CN c� ka 0 REFERENCE j POINT "ID" N8935'06" 34.05' POINT OF TERMINATION REFERENCE POINT N89.35 06 It, '35 4 :OR- 0,5 3 co it z 'co n c S8 9 35'06"W— b REFERENCE REFERENCE10. 5 7' /L POINT 'C POINT T5 242.68' (- 589*35'06"W S00'24'54"El 20 ' z 1.- Q 17.86' 79.63' z SOUTH LINE OFBLOCK 71 POINT OF IL TERMINATION N 89'3t,06" E 30q 00' 100.00. (p) 100,00, (p) 100,00' (p) L7' RIGHT—OF—WAY DEDICATION PER PER O.R.B. 6786 WEST COMMERCIAL BOULEVARD PG. 930, B.C.R. 120' RIGHT--OF—WAY LOCATION MAP (NOT TO SCALE) 15. 00' 1W '5; m — n o z F 0 L 0 0 15. 00' 1W '5; m — n