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
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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
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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:
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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"
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Rm7 6 e� /F� ° + CONVERGYS SITE � • ASSOCU MIT, A-.
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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
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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.
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The legal description shown hereon was
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authored by Stoner & Associates, Inc.
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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
—
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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
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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
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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
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CO
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SHEET 2 OF 2 N