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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-016Temp. Reso. #9101 January 9, 2001 1 U*Td 11 F.11NA_:: 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 GRE—EN BRIAR 9 0 O // > 10 n w ~ n > 75 ST ¢ a n 74 PL n n 74 / 75 ST PL fj ' / PICCADILLY j 73 ST 73 ST j 72 ST 72 ST 72 ST Q' 72 ST 7 6 5%> ¢ > ¢ ^ o Q I 71 CT 0 / 71 ST b 71 CTko j W❑❑DM❑NT J / n n % SQUARE // 70 CT g 71 ST o %Ii/'/' / 70 ST MA LANDS 14 Q w i BRA KWOOD' 3 RCREST 14 70 CT �0 / �% /i n � / - BANFK i j i/ / f / 70 ST N. AMER. UNITED METH 17D1ST ALBERTS❑N 1 w w > NATIONS SHELL O LAKE o w ¢ z z o // BR❑❑KSIDE COVE BANK COLONY (69STJ '� Z r w �� �� r. _ I/ / MCNAB ROAD Gw BANK TEXAC❑ TAMAZAC BR❑❑KW ❑❑D BRIST❑L CASABLANCA PLAZA PARK > / CENTER > o / W❑❑DLANDS W UNIVERSITY -J 68 ST SCHOOL COMMONS 0 67 ST w '/ ��rr SITE S1TL' W W BELLE n '' LOCATION y TERRE > q a 66 ST a j TAMARAC a' r a j n MAINL NDS S 15'LLI W 65 ST UNIV, 64 CT > SH❑PPES ❑ CS, 64 ST y 64 ST W EGAN PLAT W o a 63 CT / / \ n ¢ ¢ > 63 j / u \\ W 63 STILLAGE 63 ST SQUARE > SAINT 62 ST 62 STw J/ 62 ST 0 Z MALACHY � w ~ > ¢ ] ¢ a > > /� // w a 61 ST1. 3 w r z '" x J❑HN H❑RAN ro n N n w w � 3 61 ST TER, ¢ n n n Q CURTIS n N ANDS SE 10 T /�� 60 CT j n FIELD NATI❑NS PLAT BANK mod' �10 60 ST Tz- i 60 ST / % 9L //j . 59 ST /ff//////i// 59 ST %// ff// %f/ f/ /ifff%f/fj/fj%/f%//j/////f g9 59 ST 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 WaW and sewer Uft lEwwMM 9 "Exhibit A" Xhtla�� � SKETCH & DESCRIPTION N90'00'00"E 15.00' W C? C7 LL.1 (D a Ur C� c� 0 ( ^ , r� U rr) V V) CD z °o 7� 13.70' 8 aj. N90'00'001pW s00,, /L til r- C7 0 CD C--, N 0 00 GRAPHIC SCALE 70 o 10 20 ( IN FEET ) I inch = 20 ft. S90'00'00"E 119.24' 3: pp N90'00'00"W a Lri 6.4zj b N90'00'00"W 73.18' (j o• 00 r- 1.6 w, 3: 0 o c� p 0 0 L7 U O p C7 p PUNT OF Z � BE,__ N NG�_. 1------ - - 15.00' N 90'00'00"W POINT OF COMMENCEMENT S.W. CORNER 10 T 3, BLOCK V "MCNAB COMMERCIAL_ SUBDIVISION" 00 N � c0 0 0 p o 0 0 O CD O C7 15.00' N90'00'00"W 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. ''.. �-/ f' pr/%,r. 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 DEVISE_ E:SMT 9112100 SCALE: 10___.. DRAWN . L3Y` TW