HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-111Temp. Reso. #9371
March 27, 2001 1
Revision 1, May 7, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-111
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A PUBLIC
UTILITY EASEMENT WITH NYCH PARTNERS, LTD., FOR
THE LYONS COMMERCIAL SUBDIVISION NO. 2, LOTS 3-8
PROJECT, LOCATED ON THE NORTH SIDE OF
COMMERCIAL BOULEVARD BETWEEN PINE ISLAND
ROAD AND NW 91ST AVENUE; 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 development of the Lyons Commercial Subdivision No. 2, Lots 3-8
Project located on the north side of Commercial Boulevard between Pine Island Road and
NW 915t Avenue (a copy of which is attached hereto in map form 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, NYCH Partners, Ltd., as owners of the Lyons Commercial Subdivision
No. 2, Lots 3-8 Project have offered the "Public Utility Easement" (a copy of which is
attached hereto as "Exhibit 2") for utilities; and
1
Temp. Reso. #9371
March 27, 2001 2
Revision 1, May 7, 2001
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed; 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 authorize the
appropriate City Officials to accept and execute a "Public Utility Easement" with NYCH
Partners, Ltd., for the Lyons Commercial Subdivision No. 2, Lots 3-8 Project located on the
north side of Commercial Boulevard between Pine Island Road and NW 915t Avenue 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 NYCH Partners, Ltd., for the Lyons
Commercial Subdivision No. 2, Lots 3-8 Project located on the north side of Commercial
Boulevard between Pine Island Road and NW 915t Avenue 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
document in the Public Records of Broward County.
LJ
1
Temp. Reso. #9371
March 27, 2001 3
Revision 1, May 7, 2001
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 9`h day of M , 2001.
JOE SCHREIBER
MAYOR
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as toJorm.
IT ELL SAKFUU
CITY ATTORNEY
RG/DTMlmg
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN_
DIST 3: VIM SULTANOF_
DIST 4: COMM. ROBERTS
EXHIBIT 1
93 r11
TEMP. RESO. # .9834-
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LOTS 3—B
PUBLIC UTILITY EASEMENT
Exhibit 2
TAMARAC PUBLIC UTILITY EASEMENT
FOR: L.`qWS 60M At_, �4V 7, LCr3~ SA7jC>
NAME OF PROJECTOr— Lj_-�--3460
zaor This PUBLIC UTILITY EASEMENT made this Q�b day of
1 by S having an address of
t-7 -5 vJ . -�-pC�
(hereinafter "Grantorr), 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 NA" 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 atached 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.
►_rEr:&"
M
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF
GRA TYC
OR: N14 learbj4r%, L+-A.
6y; �urbnec�k,jnc., i�'s..c��r+. 1��it•
By_ _...
Type Name
Vice. 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 �`� �� �t�. �- �c' C C to me known to be the person(s)
described in and who executed the foregoing instrument and /OC- acknowledged
before me and under oath that / C- executed the same.
WITNESS my hand and official seal this & 7-y- day of Y
149- -'2-00 1
N07fARY PUBLIC, State of Florida
at LjIM Janette L Barr
* *my commission CC603942
�.,� Expires September 26, 2001
(Name of Notary Public- Print, Stamp,
or type as Commissioned)
( personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
980605
3
Public Utility Easement
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above wS4teq.
ATTE
An
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
if ic.c-Si?C/� ar *SS
COUNTY OFF-LO.�Io.q
MORTGAGEE; f-'trs� vl.nioh {v�f+oval �a►,k
By:
Type Name It V C 10(oC4C9b0,*'
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 e��E(f S-146t t: re7)iV to me known to be the person(s)
described in and who executed the foregoing instrument and /yC- acknowledged
before me and under oath that //C--. executed the same.
WITNESS my hand and official seal this /1-0` day of _F�.�y•��
499- '-� o a / _.
(Ll Personally known to me, or
( ) Produced Identification
NO PTARY PUPLtC, State of Florida
+" ane e L Garr
at Large*g,,,�*My Commission CC683942
�, Expires September 28, 2001
(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 Public Utility Easement
ATTEST:
By:
.Marion Swenson, CIVIC
_City Clerk
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe hreiber
Mayor
Date: , /5-0 /
.�Jeffrey L. ill
' City Ma ager
Date: 515_0 /
WE
STATE OF FLORIDA Mitchel
: SS /City Ate
COUNTY OF YOWa,�
I HEREBY CERTIFY that on this day, befor me, an officer duly authorized in the State
foresaid and in the County aforesaid to tak acknowledgments, personally appeared
to me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me and
under oath that WVEL executed the same.
WITNESS my hand and official seal this /Jr day of Aaw,
20 0/ .
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:
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( ✓) Personally known to me, or
( ) Produced identification
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
2-1
Public Utility Easement
Exhibit .n
SKETCHAND DESCRIPTION
Fog Development Inc.
LEGAL DESCRIPTION.'
A STRIP OF LAND L YING W1 THIN A POR TION OF L 0TS 3, 4, 5, 6, 7 & 8, BL OCK 9, L YONS
COMMERCIAL SUBDI VISION N0. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING
MORE PARTICULARL Y DESCRIBED AS FOLLOWS.'
COMMENCING A T THE NORTHEAST CORNER OF SAID LOT 3,' THENCE NORTH 88 59106" WEST,
A DISTANCE OF 3.67 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH
8859'06" WEST, A DISTANCE OF 596.33 FEET TO THE NORTHWEST CORNER OF SAID LOT 8;
THENCE SOUTH 01 00'54" WEST ALONG THE WEST LINE OF SAID LOT 8, A DISTANCE OF
6.00 FEET; THENCE SOUTH 8859 06" EAST, A DISTANCE OF 596. 43 FEET; THENCE NORTH
00 01 '37" WEST A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, L YING AND BEING IN BROWARD COUNTY, FLORIDA. CONTAINING
3, 578.3 SQUARE FEET MORE OR LESS.
NOTES:
1) THIS IS NOT A SKETCH OF SURVEY
2) Bearings shown hereon are based on the North line of Lott (P.B. 69. PG. 43, B.C.R.)
South 88'59'06" East.
3) This Sketch and Description consists of two sheets and is not complete without both sheets.
4) This Sketch and Description is not valid without the signature and original raised seal of a
Florida Licensed Surveyor and Mapper.
5) The undersigned and David & Gerchar, Inc., make no representations or guarantees as to
the information reflected hereon pertaining to easements, rights —of —way, setback lines,
agreements and other matters, and further, this instrument is not intended to reflect or
set forth all such matters, Such Information should be obtained and confirmed by others
through appropriate title verification. lands shown hereon were not abstracted for
rights —of —way and/or easements of record.
REVISIONS
DEAN M. GERCHAR FOR THE FIRM
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 5829
DAVID & GERCHAR, INC. LB#6935
DATE I BY I CKD I FB/PG
SCALE:
N/A
FB/PG:
N/A
DRAWN BY:
THIS IS NOT A SKETCH OF SURVEY
SHEET 1
6' UTILITYEASEMENT
A PORTION OFLOTS 3 THRU S
BLOCK 9, L YONS
COMMERCIAL
SUBDIVISIONNO.2
MLATBOOK69, PAGE43, B.C.R.)
JOB NO:
99-224-6'UE-3-8—NTH
CAD. FILE:
C:\TDWGS\99-224LEGAL
DATE:
D.M.G. 1 /17/01
CKD. BY: PROJ. FILE:
RRM 99-224
AVID &
ERCHAR, i Nc.
SURVEYORS AND MAPPERS
4301 Oak Circle, Suite 1
Boca Raton, Florida 33431
(561) 417-6173 - Fax: (561) 417-9619
EXHIBIT B
Sj A E TCH
A -N-D DESCRIPTION
Fog- Development Inc.
NORTH
NARTHNEST CORNER CIF
LOT A BLOCK 9, LYGWS
WEST PROPERTY LINE LOT 8
COMMt7Raw SUBO/WS/ON UNIT Na 2
S OIVO 54" W
6.00'
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LEGEND_
Q N007HEAST CORNER OF
P.B. PLAT BOOK
PG. PAGE
Lori, BLOCK 9, Lycws
COMMERCIAL SUBdIWSIOW UNIT NO. 2
B.C.R. BROWARD COUNTY RECORDS
^ `
P.O.C. POINT OF COMMENCEMENT
' V
P.O.B. POINT OF BEGINNING
P.O.T. POINT OF TERMINUS
THIS IS NOT A SKETCH OF SURVEY
O.R.B. OFFICIAL RECORD BOOK
SHEET 2
REVISIONS
DATE
BY
CKD
FB/PG
SCALE:
1" — 80
JOB N0:
AVID
6' UTILITYEASEMENT
99-224-6'UE--3-8-NTH
FB/PC:
CAD. FILE:
C: \TDWGS\99-224LEGAL
A PORTION OFLOTS 3 THRU8
ERCHAR,
BLOCK 9, LYONS
N/A
INC.
DRAWN BY:
DATE:
SURVEYORS AND MAPPERS
COMMERCIAL
SUBDIVISIONNO.2
D.M.G.
1 /17/01
4301 Oak Circle, Suite 1
CKD. BY:
PROM. FILE:
(PLAT BOOK69, PACE43, B.C.R.)
Boca Raton, Florida 33431
RRM
s9-224
(561)417-6173•Fax: (561)417-9619