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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-131Temp. Reso. #9383 1 April 27, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-131 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PUBLIC UTILITY EASEMENT WITH WESTPOINT BUILDING NO. 1, L.L.C., FOR THE CONVERGYS PROJECT LOCATED AT 5601 HIATUS ROAD; 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 Convergys Project located at 5601 Hiatus Road (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, Westpoint Building No. 1, L.L.C., as owner of the Convergys 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 I-] Temp. Reso. #9383 2 April 27, 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 Westpoint Building No. 1, L.L.C., for the Convergys Project located at 5601 Hiatus Road 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 Westpoint Building No. 1, L.L.C., for the Convergys Project located at 5601 Hiatus Road 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 L' Temp. Reso. #9383 3 April 27, 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 23" day of May, 2001. ATTEST: MARION SWE SON, CMC CITY CLERK I HEREBY CERTIFY that I have/Ippr ved this RESOLUTION as to form. ITCHELL S/KF CITY ATT RN RG/DTM/db JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER ` 'c DIET 2: COMM. MISHKIN 1ST 3: V/M SULTANOF_ DIST 4: COMM. ROBERTS �- L. EXHIBIT 1 TEMP. RESO. # 9383 MCNAB ROAD TEE PLAT J & J PLAT TAMARAC MARKET ................. ------------ PLACE a 0 j ZEPHYRHILLS L❑VESHAW I.T.W. MIMA 67 ST ARCH MONEA W W ALUMINUM 2 W h •v 0 W W CULLIGAN W W LAND SEC, W 7 � Q W O ' J vW a PUBLIC U au v SERVICES Q fy_ u COMPLEX J J H Z Q z � l+1 d Q cy- 0 N 7 � tl o = N Z J A U SITE C❑M ERCIAL BLN7I SUNRISE LOCATION C❑NVERGYS.DWG CONVERGYS OFFICE BUILDING PUBLIC UTILITY EASEMENT Exhibit 2 Return to: (enclose self-addressed stamped envelope) Name: Address: John L. Shiekman, Esq. 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 FOR: CONVERGYS SPACE ABOVE THIS LING rvK rmv%_noaP .— -- TAMARAC PUBLIC UTILITY EASEMENT This PUBLIC UTILITY EASEMENT made this 3r� day of M� > 2p01 , by 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"), 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 that portion of the servient estate more particularly described in Exhibit "B". 980605 1 Public Utility Easement F rL•718443:3 ATTEST: By: Marion Swenson, MC City Clerk - STATE OF FLORIDA : SS COUNTY OF l` II t/? A 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 S'El�►'.�c.t�e-r��Q{r�c,(� ���'ll��' to me known to be the person(s) described in and who executed the f erothe g ing instrument and l fA4 acknowledged before me and under oath that -thfq executed the same WITNESS my hand and official seal this 2 9 — day of vv7 200. ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe §Oreiber Maydr Date: 6effreyV;(Aillef City Manaqer Date: tvvvvvv ■ w � ■LEH- R�A-A*A�AAj�A*AA NAAAAAAA (� Personally known to me, or ( ) Produced identification i 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 (,I DID NOT take an oath 980605 M Public Utility Easement ' 10r+ A- L.egcl 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 5.89°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 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 5.00°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 as shown on said plat; Thence N.89°06'50"E., a distance of 217.00 feet; Thence 5.84° 02"36"E., a distance of 100.72 feet; Thence N.89006'50"E., a distance of 699.81 feet; Thence N.43°59"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 S.88°52'28"W., a distance of 12.00 feet; Thence N.01007'32"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 on arc distance of 105,47 feet to a point on a non -tangent line; Thence N.II°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" cT �s r X , c. 1 i i i°� � �� ���► .tip ��t� tag � � � �j: �� fi S }{ t;k 1d ��L ►� != 3 �� � A � �tl�l� i� I � `^ o `} � m 5 ; I{ n it 7 W .41 it l .I� 7° ���` � p(�[• t[ j[i[ �S[ III ,�{ i I t��i i� ��[it �!� fit �•#t :ri .� I I iI � r. r'�F}1 i�t �� 1 Ali St � '.1 �;a I• .'�➢I .._ - "' .._ — .._ — _' �i � �... � �-,�--1'- t - 1--• _ 3` - Lr 3 I lye, mns�r .'vow• - 1 \ � �' HIA7USROAD Y�2 6 wi :wml-+� Yf 7CM OF 8OUMDMr A TOPOGRA Mlc SURVEY OF1 rp (�W) ] oIm xa RM wflC eT Rm7 6 e� /F� ° + CONVERGYS SITE � • ASSOCU MIT, A-. W �(Tfb OfO®t iC SIMVfYCN.T-PLnNwn M • MUTTON OF 1 W4M M A ALL O/ 1MACT C. ',�"'� Le. eeaa 0 1 0/111T 1fCT10N T M.AT. I.A. lAl. K Z7. IOw q OITr 0�1 naarrA. 00YKT'! ner�CA fST! N. ilfMN9191V dlh'C xWllAllpl RI✓NtlIA 33�5 STONER & ASSOCIATES, Inc. 1372 North University Drive SURVEYORS - PLANNERS Tel. (954) 370---1880 Plantation, Florida 33322 LB.6B33 Fax 954 370-1883 LEGAL DESCRIPTION OF A S FOOT WIDE PUBLIC UTILITY EASEMENT CONVERGYS SITE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA Legal Description: A 6 foot wide Public Utility easement being a portion of TRACT B. WESTPOINT SECTION 7 PLAT, according to the Plot thereof recorded in Plot Book 162, Page 23, of the Public Records of Broward County, Florida. The centerline of said Public utility 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 Plot; 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 05'32'17", for an arc distance of 173.98 feet, to a point on a non —tangent line; Thence West, a distance of 63.81 feet, to a point on the West right—of—way line of said Hiatus Rood. Said point also being the Point of Beginning; Thence continue West, a distance of 1048.45 feet to the Point of Termination of the herein described centerline. The sidelines of said easement to be shortened or lengthened to meet at angle points. Said land situate within the City of Tamarac, Broward County, Florida. THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO TH OF My KWLEDGE AND BELIEF, I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FOR B THE FLORIDAOBOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.07, F ORI A STATUTES. REVISIONS DATE 9Y , JAMES D. STON PROFESSIONAL SURVEYOR AND - STATE OF FLORIDA SEAL NOT VALID UNLESS SEALED HERE WITH AN EMBOSSED SURVEYOR'S SEAL DATE OF SKETCH: DRAWN 8YI ICHECKED BY FIELD BOOK 10/25/00 J LR JDS N/A SHEET 1 OF 2 6 Q a O Cn CAI G C4 STONER & ASSOCIATES, Inc. 1372 North University Drive SURVEYORS - PLANNERS Tel. (954) 370---1880 Plantation, Florida 33322 L8. 5�4T 't1 Fax (954) 370-1883 SKETCH OF DESCRIPTION OF A 6 FOOT WIDE PUBLIC UTILITY EASEMENT CONVERGYS SITE Z CITY OF TAMARAC, BROWARD COUNTY, FLORIDA SCALE: 1 "= 150' 0 37.5 75 150 300 GRAPHIC SCALE TACOMMER.GIAL SKET8 x RP 870 FL O— a LOCATION MAP NOT TO SMn TRACT B SURVEY NOTES: WEST POINT SECTION 7 PLAT P.B. 162, PG. 23, B.C.R. POINT OF TERMINATION 1. The lands shown hereon was not abstracted for ownership, rights —of —way, easements or other matters of record by Stoner & Associates. Inc. I 2. The bearings shown hereon are I based on a Plat bearing of S.89'07'00"E., along the South line of the Southwest One --Quarter (SW %) of Section 7, Township 49 South, Range 41 I East. 3 0' 3. This sketch does not represent a field survey. (This is not a survey). TRACT C m P. m (A 4. This sketch was prepared by this WEST POINT SECTION 7 PLAT firm without the benefit of a title search. P.B. 162, PG. 23, B.C.R. a o I Q o The legal description shown hereon was ro z --Iry ? authored by Stoner & Associates, Inc. 5)n O `ten I H � H W 0 CD W Cc) I m m n Cn v n z I LEGEND: o I + N POINT OF BEGINNING 30' DRAINAGE EASEMENT 0 N (P.B. 1$2, PG.23, B.C.R.) ui w Q _ T 40' ACCESS OING PEN 7 I I RIGHT TVRN IN ONLY I — I 0 Z v' b WEST R.Q.W. CENTERLINE,HIATUS 15 UTILITY EASEMENT WEST' , HIATUS (PER PLAT) 63.$1 LINE ROAD (PER PLAT) ROAD — R=1800.00 A=173.9 13 N01'07'32"W 401,53' tilATUS ROAD D=05'32'17 Cc: 3 (RIGHT—OF—WAY VARIES U I 'D DEDICATED BY PLAT) LQ W o a, - POINT OF COMMENCEMENT pO in SOUTHEAST CORNER OF THE SOUTHEAST (� ONE —QUARTER (SE 1/4) OF SECTION 7-49-41 NOB HILL ROAD P.B.. . , . PLAT BOOK PG. ... PAGE B.C.R...... $ROWARD COUNTY RECORDS L.8. _ ..... LICENSED BUSINESS CL _ .. CENTERLINE R.O.W- -RIGHT-OF-WAY -�� BREAK IN LINE SCALE -/-/-/- NON -VEHICULAR ACCESS LINE A ARC R RADIUS D DELTA SHEET 2 OF 2 6 0 0 I 0 01 (A n C L4 STONER & ASSOCIATES, Inc. 1372 North University Drive SURVEYORS - PLANNERS Tel. (954) 370-1880 1 Plantation, Florida 33322 LB. 6633 Fax (954) 370-1883 /. ci / 1 -17- a / �S1 LEGAL DESCRIPTION OF A 9 FOOT WIDE PUBLIC UTILITY EASEMENT CONVERGYS SITE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA Legal Description: A 9 foot wide Public Utility easement being a portion of TRACT B and a portion of TRACT C, WESTPOINT SECTION 7 PLAT, according to the Plot thereof recorded in Plat Book 162, Page 23, of the Public Records of Broward County. Florida. The centerline of said Public utility 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 Plot; 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 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; Thence continue West, a distance of 1023.57 feet; Thence S.00'44'46"E., a distance of 6.00 feet to the Point of Beginning; Thence continue S.00'44'46"E., a distance of 501.99 feet to the Point of Termination of the herein described centerline. The sidelines of said easement to be shortened or lengthened to meet at angle points. Said land situate within the City of Tamarac, Broward County, Florida CERTIFICATE: 0 THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON I$ ACCURATE AND CORRECT TO THE T MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORT BY T FLORIDA BOARD OF PROFESSIONAL AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472,07, FL RIDA TATUTES. SEAL COD REVISIONS DATE By N01 VALID UNLESS 0) JAMES D. STONER SEALED HERE WITH O AN EMBOSSED Ln PROFESSIONAL SURVEYOR ANQ60PKkO. 40 - STATE OF FLORIDA SURVEYOR'S SEAL (-4 U DATE OF SKETCH: DRAWN BY ECKED BY FlELD BOOK N t0/24/00 JD JDS N/A SHEET 1 OF 2 STONER & ASSOCIATES, Inc. 1372 North University Drive SURVEYORS - PLANNERS Tel. (954) 370— 1880 Plantation, Florida 33322 L8• ees� r Ll-<-i J r ) Fax (954) 370-1883 SKETCH OF DESCRIPTION OF A 9 FOOT WIDE PUBLIC -UTILITY EASEMENT CONVERGYS SITE Z CITY OF TAMARAC, BROWARD COUNTY, FLORIDA SCALE: 1 "= 150' 0 37.5 75 150 300 GRAPHIC SCALE r TRACT B POINT OF WEST POINT SECTION 7 PLAT BEGINNING P.B. 162, PG, 23, B.C.R. S 00'44'46" E 501.99' POINT OF TERMINATION U' TRACT C WEST POINT SECTION 7 PLAT P.B. 162, PG, 23, B.C.R. 30' DRAINAGE EASEMENT o (P.B. 162, PG.23, B.C.R.) o — _f4O' ACCESS OPENING RIGHT TURN IN ONLY THIS SKETCH Ij COMMERCIAL BOU ryvnHnC, ♦�oNion LOCATION MAP roT TO s SURVEY NOTES: S00'44'46"E 6.00' 1. The lands shown hereon was not abstracted for ownership, rights -of -way, easements or other matters of record by Stoner & Associates, Ina. 2. The bearings shown hereon are based on a Plat bearing of S.89'07'00"E., along the South line of the Southwest One -Quarter (SW %) of Section 7, Township 49 South, Range 41 East. 3. This sketch does not represent a field survey. (This is not a survey) M cn 4. This sketch was prepared by this to firm without the benefit of a title search. p The legal description shown hereon was N z - authored by Stoner & Associates, Inc M C, CD m V Ci -0 LEGEND: WEST R.O.W. 15' UTILITY EASEMENT WEST CE.NTERLINE,HIATUS LINE, HIATUS (PER PLAT) 62.877 ROAD (PER PLAT) ROAD — R-1800.00' A:177,0 r N01'07'32"W 401.53' HIATUS ROAD D=05'35'03" C) (RIGHT-OF-WAY VARIES (� 7 o P DEDICATED BY PLAT) a ro ct POINT OF COMMENCEMENT 0 0 O COO SOUTHEAST CORNER OF THE SOUTHEAST Cll / ONE --QUARTER (SE 1/4) OF SECTION /-49-41 NOB HILL ROAD P.B. - PLAT BOOK PG. ... PAGE B.C.R. BROWA.RD COUNTY RECORDS L.B.. LICENSED BUSINESS CE ...... CENTERLINE R,0.W- -RIGHT-OF-WAY BREAK IN LINE SCALE •/-/-/- NON -VEHICULAR ACCESS LINF. A ARC R RADIUS D DELTA O O O CO 4 cn v C SHEET 2 OF 2 N