HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-016Temp. Reso. #9101
January 9, 2001 1
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RESOLUTION NO. R-2001-16
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 ALAZHAR SCHOOL, INC., FOR THE
ALAZHAR SCHOOL PROJECT LOCATED AT 7201 WEST
MCNAB ROAD, 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 Alazhar School Project located at 7201 West
McNab Road (a copy of which is attached hereto in map form as "Exhibit 1 ") was approved
by City Commission on May 24, 2000; and
WHEREAS, the development of the Alazhar School 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 Alazhar School Project; and
L.J
Temp. Reso. #9101
January 9, 2001 2
WHEREAS, Alazhar School, 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 Alazhar School 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 Alazhar School, Inc., for the Alazhar
School 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, 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 "Tamarac Water and Sewer Utility Easement' (a copy of which is attached
hereto as "Exhibit 2") with Alazhar School, Inc., for the Alazhar School Project located at
7201 West McNab Road, to allow legal access by City 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.
Temp. Reso. #9101
January 9, 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 2411 day of January, 2001.
Y
JOE SCHREIBER
MAYOR
ATTEST:
AY CAA
-MigRION 8WENSON, CMC
LL CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
to form. A /
MITCHELL S. KRAFT
CITY ATTORNEY
I* RG/krs/mg
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
EXHIBIT 1
TEMP. RESO. # 9101
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ALAZHAR,DWG
ALAZHAR SCHOOL
WATER AND SEWER UTILITY EASEMENT
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR: P•UZ "AtZ Sc"c)ot _
NAME OF PROJECT
On this -� _day of 1'99�_ , that Ro p-A 3,
Be-
6LIZA-L(�,Y- Sc A-*J k WC, having an address of
P.O. Box 94, Deerfield Beach, FL 33443
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").
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.
A
980605 1 Water and Sewer Utility Easement
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.
980605 2 Water and Sewer Utility Easement
1]
•
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
By:
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF Rd7
It] MA1Z Iffle-B.
By:
Type Name
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 o S rr to me known to be the person(s)
described in and who executed the f regoing instrument and zee� acknowledged
before me and under oath that &� - executed the same.
WITNESS my hand and official seal this day of
ati�nrnpa Eileen ;. hichell Notnzy }
l'P.�l>lic, ;yrtte Of Florida >
Q�� cottainssion N y."C 602195 ;
;4 OFF4� cotnnliF.^;a
R."(1ed Thm"Rh Fla. Naary Srrvice Bc Dnnding Ca, Y
OPersonally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
NOTARY PUBLIC, State of Florida
at Large
Ze
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
i
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: q4,,.j L:!"
Martin Swenson, C
City Cferk
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By: a,
Joe reiber
Maybf
Date: Lo
Jeffrey L ill �. �.
City Man ger
Date: /! -)-� o
80
By: INV V 11
STATE OF FLORIDA Mitchell 19. Kraft,
: SS City Attorney
COUNTY OF &oUA :
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
.::Yo'E CHe. t' w-LQ Fr&/L._(11 ,ttek to me known to be the person(s) described in and
who executed the foregoing instrument and T�e-( acknowledged before me and
under oath that � executed the same.
WITNESS my hand and official seal this A day of :j—A.u,4 ,
20QL.
Personally known to me, or
( ) Produced identification
NOTArN�--
UBLIC, State of Florida
at LarOFFICIALNOTARYSEAL
JUNE A WHrrE
RY PUBLICSTATE OF FI.ORIDA
OMMISSION NO. CC775720
OMMISSION EXP. SEPT I5
(Name Of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or( �D NOT take an oath
980605 4 Water and Sewer Utility Easement
•
306g6 JUN. 15 2000 11:39AM P7
0.
IN WITNESS WHEREOF, Mortgagee has
and year first above written.
ATTEST:
BI 2- 4,
Type Name wo
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF�
hereunto set his hand and seal on the day
MORTGAGEE
By 2
Type Name
President
Mark Hanna
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State af9jAsaid and 'in ther County aforesaid to take 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 executed the same.
WITNESS my hand and official seal this day of
,"0261de2
��►Y N ISRENDA J. MCCORMAK C
-` COMMISSION • OC615904
z+ EXpIRES FES 23, 2001.
! "DW THROUGH
ATLANTIC DCNDING GO.. INC.
Olt
4i Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
o'-'Vere/nm
NOTARY PUBI fC, State of Florida
at rge
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
5
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9
"Exhibit A"
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SKETCH & DESCRIPTION
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( IN FEET )
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PUNT OF
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15.00'
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POINT OF
COMMENCEMENT
S.W. CORNER 10 T 3, BLOCK V
"MCNAB COMMERCIAL_ SUBDIVISION"
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DESCRIPTION:
A 15 FOOT WIDE. UTILITY EASEMENT 13EING A PART OF' LOTS 3 AND 4, BLOCK V,
"MCNAB COMMERCIAL SUBDIVISION", ACCORDING TO -THE. PLAT THEREOF AS RECORDED IN
PLAT BOOK 71 PAGE 13, OF THE. PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
COMMENCING AT 1HE. SOUTHWEST CORNER OF LOT 3 BLOCK V, OF SAID PLAT; T-HENCE.
N00'00'00"E 2.00 FEET TO THE POINT OF BEGINNING; THENCE
NOO'00'00"E 65.78 FFET; THENCE N90'00'00"W 13.70 FEET; THENCE N48'45'00"W 15,77 FEET:
THENCE N00'00'00"E 23,85 FEET; THENCE N90'00'00"T: 15.00 FEET; THENCE SOO"00'00"E
17-05 FEET; THENCE S90'00'00"F 119.24 FEET; THENCE S00'00'00"W 15.00 F1EET; THENCE
N90'00'00"W 6.47 FEET; THENCE S00'00'00"E 65.78 FEET; THENCE N90'00'00"W 15.00 FEET;
THENCE NOO'00'00"W 64.25 FEET; THENCE N45'00'00"W 2.17 FEET; THENCE N90'00'00"W
73.18 FEET; THENCF 900'00'00"W 65-78 FEET; THENCE N90'00'00"W 15-00 FEET
TO THE POINT OF BEGINNING.
f AUL A. AVIS
P.L..S. #4�61--- ----
--- S'TATE OF FI-oRInA.
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DAVIS ASS 0 CIA TES, INC.
LS #00021B7
Consulting Civil and Environmental Eeglneers -Land Surveyors -Land Development Conmttitants -planners
201 S.E. 1STN TERRACE — SUITE 103A — DEERFIELD BEACH, FL 33441
Phone: (954) 698-9101 fax: (954)698-9722
Subdivisions k Condominiums o Land a: site Planning • Sanitary Sewer Systems o Water System ^ Drainage Design ^ Paving Design
Lot Surveys a Mortgage Surveys +Acreage Surveys -Topographic Surveys •Record Plots ^Condominium Plats • Construction Layout
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