HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-130Temp. Reso. #9382
April 27, 2001 1
CITY OF TAMARAC
RESOLUTION NO. R-2001-130
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 WESTPOINT BUILDING NO. 1, L.L.C.,
FOR THE CONVERGYS PROJECT, LOCATED AT 5601
HIATUS ROAD, TO ALLOW LEGAL ACCESS BY CITY
UTILITY PERSONNEL FOR INSTALLING, MAINTAINING,
AND OPERATING THE WATER DISTRIBUTION AND
SEWAGE COLLECTION SYSTEMS; 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 Convergys Project, located at 5601 Hiatus Road
(attached hereto in map form as "Exhibit 1") was approved by City Commission on
September 27, 2000; and
WHEREAS, the development of the Convergys Project requires the installation of
the Water Distribution and Sewage Collection Systems; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution and Sewage Collection Systems required to serve the Convergys Project; and
Temp. Reso. #9382
April 27, 2001 2
WHEREAS, Westpoint Building No. 1, L.L.C., as the owner of the property, has
offered the "Tamarac Water and Sewer Utility Easement" for water mains, water services,
fire hydrants and sanitary sewers; and
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the Convergys 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 Westpoint Building No. 1, L.L.C., for
the Convergys Project, required for the installation, maintenance and operation of the
Water Distribution and Sewage Collection Systems.
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: 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 Westpoint Building No. 1, L.L.C., for the Convergys Project, located at
5601 Hiatus Road, 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. #9382
April 27, 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 23`d day of May, 2001.
JOE SCHREIBER
MAYOR
ATTEST: -
MARION ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
rK7N as to form.
ITCHELPi . KRAFT
CITY A ORNEY
TR/DM/db
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER C_�
DIST 1: COMM. PORTNER ( /c
DIST 2: COMM. MISHKIN
DIST 3: V/M SULTANOF c_
DIST 4: COMM. ROBERTS L "
EXHIBIT 1
TEMP. RESO. # 9 3 8 2
WING DR.
LAND SEC,
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PLAT J & J PLAT TAMARAC
MARKET
PLACE
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D ZEPHYRHILLS LOVESHAW I.T.W. MIMA
7 67 ST
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ARCH MONEDIA
ALUMINUM
SITE
SUNRISE LOCATION
CULLIGAN
PUBLIC
SERVICES F—)
COMPLEX
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CONVERGYS.DWG
CONVERGY'S OFFICE BUILDING
WATER AND SEWER UTILITY EASEMENT
Exhibit 2
Return to: (enclose self-addressed stamped envelope)
Name: John L. Shiekman, Esq.
Address:
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard
Suite 1500
Fort Lauderdale, Florida 33301
This Instrument Prepared by:
John L. Shiekman, Esq.
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard
Suite 1500
Fort Lauderdale, Florida 33301
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE. THIS LINE FOR PROCESSING DATA
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR: CONVERGYS
2oo i
On this 2S"O day of A IcA 2e0 , that WESTPOINT BUILDING NO. 1,
L.L.C., a Delaware limited liability company having an address of 200 West Madison, 37th
Floor, Chicago, Illinois 60606, 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 "A", and incorporated by reference herein,
(hereinafter "the servient estate").
1
FTL:719433:2
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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.
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.
rA
FTL:719433:2
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.
3
FTL:719433:2
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
Witness
Type Name.
Marsha Peterson -Maass
1" Zg='
Witness
Type Name Carla Randles
STATE OF FDA )
) SS
COUNTY OF �� )
WESTPOINT BUILDING NO. 1, L.L.C.,
Delaware limited liability company
By:
Typ�eNam�eTitle
S
Timothy J. McEner
Type Name/Title Member
.1 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
the of WESTPOINT BUILDING NO. 1, L.L.C., a Delaware
limited lia 11ity company, to me known to be the person(s) described in and who executed the
foregoing instrument and he/she acknowledged before me and under oath that he/she
executed the same.
WITNESS my hand and official seal this r� 7 day of _ _ _ _ _ 2000.
(Personally known to me, or
( ) Produced Identification
) DID take and oath, or (
NOTARY PUBLIC, State of 44� at
uFFICIAL SEAL
ARL.ENE C PAYNE
NOTARY PUBLIC STATE OFiLLINOIS
(N'aT --of" o ary u ic: rin , Stamp, or
type as Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
4
FTL:719433:2
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
r_r1111*16
By:
Marion Swenso , CIVIC
Interim City Clerk
ACCEPTED BY CITY OF TAMARAC
GRANTEE ;
By:
Joe reiber
Mayor
Date: 5-2 9 -O 1
By:
Jeffery L Ierf
City Manager
Date) h
Apptopod as
STATE OF FLORIDA / ,Mhell S~Kra1 /
: SS �/ City Attorney �/
COUNTY OF &GC. O-C G(
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
resaid and irk the County aforesaid to take acknowledgments, personally appeared
A�'011erl
L. �1,,zz a-� to me known to be the person(s) described in and
who executed the foregoing instrument and 7-Nev acknowledged before me and
under oath that {►ems executed the same.
—T
WITNESS my hand and official seal this 29 day of M ,
2001 .
"" " V " " "' "" Vy" " "V V "' - --. . . . . . . . 4
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�AAAAAAAAA A41A. AA ♦�, •
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NOTARY PUBLIC, State of Florida
at Large
6aut)l-) A/1. iPsi)1�1-k"Ol Js,-,.
(Name of Notary Public: Print, Stamp,
( "Personally known to me, or or Type as Commissioned)
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( vrDID NOT take an oath
981208 5
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
c - do hereby affirm that I am the
to � df - s >,b. I and that 1 have executed a Tamarac
Utilities Water and Sewer Utility Easement with the City of Tamarac for the Convergys project
and that Westpoint Building No. 1, L.L.C., is the owner of the property covered by said Tamarac
Utilities Water and Sewer Utility Easement.
There are no mortgages held on the property, which is the subject of said Blanket Public
Safety Ingress/Egress Easement.
FURTHER AFFIANT SAYETH NOT.
(i ature)
This I-[ J `— day of � 5.w. �a��rr , 2000
STATE OF FLORIDA )
SS
COUNTY OF C.)
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
6 _ to me known to be the person(s) described in and who executed the foregoing
instrument and he/she acknowledged before me and under oath that he/she executed the same.
WITNESS my hand and official seal this a 7'�'-' day of 2000.
(Personally known to me, or
( ) Produced Identification
) DID take and oath, or (
FTL:719433:2
0
NOTARY PUBLIC, 'tARL1
State -a & at
'I �.
.,. webs ,
1VE C PAYNF
NMARY MM4C 5TATEOF 1 U 011
RXP.
( me o Notary Public: Print, Stamp, or
type as Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
Rl�
Legal Description: (Convergys Site)
A Parcel of Land being a portion of TRACT B and all of TRACT C, WESTPOINT
SECTION 7 PLAT, according to the Plat thereof recorded in Plat Book 162, Page
23, of the Public Records of Broward County, Florida, said parcel being more
particularly described as follows:
Commence at the Southeast Corner of the Southeast One -Quarter (SE 1/4) of
Section 7, Township 49 South, Range 41 East, as shown on said Plat;
Thence 5.89006'50"W., along the South line of the said Southeast One -Quarter (SE
1/4), a distance of 1094.63 feet, to a point of intersection with the centerline
of Hiatus Road as shown on said Plat;
Thence N.01°07'32"W., along said centerline a distance of 401.53 feet, to a
point on the arc of a tangent curve concave to the West;
Thence Northerly and Northwesterly along the arc of said curve to the left,
having: a radius of 1800.00 feet, a central angle of 05°38'03", for an arc
distance of 177.00 feet, to a point on a non -tangent line;
Thence West, a distance of 62,87 feet, to a point on the West right-of-way line
of said Hiatus Road, said point also being the Point of Beginning;
Thence continue West, a distance of 1049.07 feet;
Thence S.00°44'46"E., a distance of 523.40 feet to a point on the South line of
said TRACT C and the Northerly right of way line of Commercial Boulevard es
shown on said plot;
Thence N.89°06'50"E., a distance of 217.00 feet;
Thence 5.840 02'36"E., a distance of 100.72 feet;
Thence N.89°06'50"E., a distance of 699.81 feet;
Thence N.43159'39"E., a distance of 49.59 feet. The previous four courses being
coincident with the south line of said TRACT C and the Northerly right of way
line of Commercial Boulevard. The next five courses being coincident with the
West right of way line for Hiatus Road and the Easterly line for said TRACT C;
Thence N.01°07'32"W., a distance of 199.56 feet;
Thence 5.88°52'28"W., a distance of 12.00 feet;
Thence N.01°07'32"E., a distance of 106.53 feet to a point of curvature of a
tangent curve concave to the West;
Thence Northerly along arc of said curve, to the left, having a radius of
1716.00 feet, a central angle of 03°31'18", for an arc distance of 105.47 feet
to a point on a non-tongent line;
Thence N.11°04'37"W., a distance of 74.22 feet to the Point of Beginning
Said land situate within the City of Tamarac, Broward County, Florida,
containing 12.550 acres (546,757 square feet), more or less.
EXHIBIT "A"
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CONVERGYS SITE
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IrtlTralNT 7RFT=aM T M.Arr /-/- 1r� ra sf. r1m N. ur.�caan onnl[ nArnAT011 FI➢NI[IA }]y1
OR'/ O/ 1 n1eNAl1! fM]Y./Yt NOIrCA
STONER IS ASSOCIATES, Inc.
1::72 North University Drive SURVEYORS - PLANNERS Tel. (954) 370-1880
Plantation, Florida 33322 LB.0633 Fax (954) 370-1883
"14tit> tT & ( 17,1.2�
LEGAL DESCRIPTION OF A WATER AND SEWER EASEMENT
CONVERGYS SITE
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
Legal Description:
A 15 foot wide Water & Sewer Easement being a portion of TRACT B and
❑ portion of TRACT C, WESTPOINT SECTION 7 PLAT, according to the Plat
thereof recorded in Plat Book 162, Page 23, of the Public Records of
Broward County, Florida. The centerline of said Water & Sewer Easement
being more particularly described as follows:
Commence at the Southeast Corner of the Southeast One --Quarter (SE
1/4) of Section 7, Township 49 South, Range 41 East, as shown on said
Plat;
Thence S.89'06'50"W., along the South line of the said Southeast
One —Quarter (SE 1 /4), a distance of 1094.63 feet, to a point of
intersection with the centerline of Hiatus Road as shown on said Plat;
Thence N.01'07'32"W., along said centerline a distance of 298.11 feet;
Thence West, o distance of 84.00 feet, to a point on the West
right—of—way line of said Hiatus Road. Said point also being the Point of
Beginning:
Thence continue West, a distance of 11.91 feet;
Thence N.46'07'32"W., a distance of 20.42 feet;
Thence N.86'58'42"W., a distance of 98.94 feet;
Thence N.$4'38'13"W., a distance of 119.22 feet to Reference Point "A";
Thence continue N.84'38'13"W., a distance of 28.30 feet to Reference Point
8";
Thence continue N.84'38'13"W., o distance of 18.48 feet'
Thence West, a distance of 217,61 feet to Reference Point "C";
Thence continue West, a distance of 188.63 feet to the Point of
Termination of the herein described centerline and Reference Point "D".
Together with a 15 foot wide Water & Sewer Easement, the centerline of
said Water & Sewer Easement being more particularly described as follows;
Beginning at the aforementioned Reference Point "A";
Thence N.05'21'47"E., a distance of 21.93 feet to the Point of Termination
of the herein described centerline.
together with a 15 foot wide Water & Sewer Easement, the centerline of
said Water & Sewer Easement being more particularly described as follows;
Beginning at the aforementioned Reference Point "B";
Thence North, a distance of 179.51 feet;
Thence N.45'00'00"E., a distance of 70,01 feet;
Thence North, a distance of 17.73 feet to the Point of Termination of the
herein described centerline.
Legal Description: (continued)
Together with a 15 foot wide Water & Sewer Easement, the centerline of
said Water & Sewer Easement being more particularly described as follows;
Beginning at the aforementioned Reference Point "C";
Thence South, a distance of 28.67 feet to the Point of Termination of the
herein described centerline.
Together with a 27.50 foot wide Water & Sewer Easement, lying 20 feet
South and 7.5 feet North of the following described line;
Beginning a the aforementioned Reference Point "0";
Thence West, a distance of 35.37 feet to Reference Point "E";
Thence continue West, a distance of 65,01 feet to Reference Point "F";
Thence continue West, a distance of 162.14 feet;
Thence S.45'00'00"W., a distance of 10.39 feet;
Thence West, a distance of 72.02 feet to the Point of Termination of the
herein described line.
Together with a 25 foot wide Water & Sewer Easement, the centerline of
said Water & Sewer Easement being more particularly described as follows;
Beginning at the aforementioned Reference Point "E";
Thence North, a distance of 33.81 feet to the Point of Termination of the
herein described centerline.
Together with a 15 foot wide Water & Sewer Easement, the centerline of
said Water & Sewer Easement being more particularly described as follows;
Beginning at the aforementioned Reference Point "F";
Thence North, a distance of 26.26 feet to the Point of Termination of the
herein described centerline.
The sidelines of said easements to be shortened or lengthened to meet at
angle points.
Said land situate within the City of Tamarac, Broward County, Florida.
CERTIFICATE:
THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THe MY KNOWLEDGE AND BELIEF. I
FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORFLORIDA BOARD OF PROFESSIONAL
SURVEYORS AND MAPPERS IN CHAPTER 61C17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.07, FUTES.
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REVISIONS DATE BY
NOT VALID UNLESS
JAMES D. STONER
SEALED HERE WITH
00
AN EMBOSSED
LP
PROFESSIONAL SURVEYOR AND 0. 139 STATE OF FLORIDA
SURVEYORS SEAL
L4
DATE OF SKETCH: DRAWN BY NECKED BY FIELD BOOK
t%1
10/25/pp J LR Jp5 N/A
i
SHEET 1 OF 2
STONER & ASSOCIATES, Inc.
" R
1372 North University Drive SURVEYORS - PLANNERS Tel. (954) 370-1880
Plantation, Florida 33322 LB. 663
�r-,618 (� p(�Z Fax (954) 370-1883
SKETCH OF DESCRIPTION OF A WATER AND SEWER EASEMENT
CONVERGYS SITE
Z CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
TRACT B
WEST POINT SECTION 7 PLAT P.B. 162, PG. 23. B.C.R.
SCALE: 1"= 150'
N POINT OF
o Ln TERMINATION THIS
N SKETCH
0 37.5 75 ISO
GRAPHIC SCALE 200' r
7.5'
CaMMEFaIAL 11.1E
r-
27.5
POINT OF
REFERENCE
TERMINATION
POINT "F"
`I
L
rn
U
o
POINT OF
REFERENCE
L10
TERMINATION
POINT "E"
I�
m
v N
m ---
POINT OF TERMINATION AND
C
REFERENCE POINT "D"
N
n
pip
0 n
m
POINT OF
A m
TERMINATION
I
REFERENCE
15.0'
POINT "C"
TRACT C 7.5
WEST POINT SECTION 7 PLAT m I
P.B. 162, PG. 23, B.C.R.
N
v
� I
REFERENCE I N84'38'13"W 1 �6�
POINT "B" 18.48' 6
REFERENCE _
POINT "A"
a f NORTH 179 51'
00
M w I� POINT OF
0 0'- Ir. TERMINATION
W W
30' DRAINAGE
EASEMENT (P.B.
162. PG.23, B.C.R.)
z
00
POINT OF
cO cn 1
I I I BEGINNING
o N I
wEsr R.O.W.
CENTERLINE, HIATUS LINE, HIATUS IF,
ROAD (PER PLAT) ROAD
0
15' UTILITY EAS MENT
(PER PLAT)
[N01*07'32"W 298,11' HIATUS ROAD
(RIGHT-OF-WAY VARIES DEDICATED BY PLAT)
a jo
_POINT OF COMMENCEMENT
0)o SOUTHEAST CORNER OF THE SOUTHEAST
U C U ONE -QUARTER (SE 1/4) OF SECTION
7-49-41
NOB HILL ROAD
ME
rorn
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00
N 7�
0 n
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z
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O0F
LOCATION MAP
nor ro 5
SURVEY NOTES:
1. The lands shown hereon was not
obstructed for ownership, rights -of -way,
easements or other matters of record by
Stoner & Associates, Inc.
2. The bearings shown hereon are based
on o Plat bearing of S.89'07'00"E., along
the South line of the Southwest
One -Quarter (SW 9) of Section 7,
Township 49 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.
LEGEND:
P.B. _ .....
PLAT BOOK
PG. _ .
. PAGE
B.C.R......
BROWARD COUNTY RECORDS
L.B. _ .....
LICENSED BUSINESS
POINT OF CL _
CENTERLINE
TERMINATION
R.O.W-
-RIGHT-OF-WAY
-
BREAK IN LINE SCALE
-�
NON --VEHICULAR ACCESS LINE
A
ARC
R
RADIUS
D
DELTA
LINE TABLE
LINE LENGTH BEARING
L3
84.02
WEST
L4
11,91
WEST
L5
20.42
N46'07'32-W
L6
21.93
N0521'47-E__
L7
17.73
NORTH
L8
28.67
SOUTH
L9
35.37
L10
33.81
L11
26.26
L12
10.39
L13
1,9.z2
L14
28.30
0
WEST___
O
O
NORTH
I
NORTH
O)
_
S4500'00-W
O
Ln
N84'38'13"W
GJ
N84'38'13W
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