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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-282Temp. Reso. #9527 1 September 12, 2001 Revision 1, September 27, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-282 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PUBLIC UTILITY EASEMENT WITH CENTEX HOMES FOR THE SOUTHGATE VILLAGE PROJECT, FORMERLY WOODMONT GARDENS, LOCATED AT 8700 SOUTHGATE BOULEVARD; 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, on June 27, 2001 the City Commission approved a resolution to amend water and sewer developer's agreement changing the development plan from a 300 bed adult congregate living facility to an 88 unit townhouse community namely Southgate Village; and WHEREAS, the Southgate Village Project, formerly Woodmont Gardens, located at 8700 Southgate Boulevard (a copy of which is attached hereto in map form 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, Centex Homes as owner of the Southgate Village Project has offered the "Public Utility Easement" (a copy of which is attached hereto as "Exhibit 2") for utilities; and 1 1 I Temp. Reso. #9527 2 September 12, 2001 Revision 1, September 27, 2001 WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed; 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 authorize the appropriate City Officials to accept and execute a "Public Utility Easement" with Centex Homes for the Southgate Village Project, formerly Woodmont Gardens, located at 8700 Southgate Boulevard 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 Centex Homes for the Southgate Village Project, formerly Woodmont Gardens, located at 8700 Southgate Boulevard 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 1 Temp. Reso. #9527 3 September 12, 2001 Revision 1, September 27, 2001 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 101" day of October, 2001. ATTEST, - MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. CITY ATTORN RG/DTM/db RECORD OF COMMISSION VOTE: MAYOR SCHREIBER ,4ve., DIST 1: COMM. PORTNER AM DIST 2: COMM. MISHKIN A ev DIST 3: V/M SULTANOF A e, DIST 4: COMM. ROBERTS A e. EXHIBIT 1 TEMP. RESO. # 9527 P.S. #2 - SITE LOCATION a F P L PHOENIX Z SUBSTATION 14/CYPRESS CREEK CANAL EXX❑N w " w " W wS❑CJTRCj 'TE WL,V W �SWh'H1/Ldi,A W W SHANGRI-LA W w W + w + 8 ST MCDONALDS w w w - FOR TAMARAC g W W w W W �Rg6 W w w% ti `O OQDHO W W W W W qqpp W W W W i �. I w TOWNW w W 1 8 W GAI7DEN w W w W w W w P��R FORD TR48 /w SQUARE Z w w Lgke V1711D CT 1 W w W W w W r NATIONS w W w W w <Ake�vOO� �� TR47 P� �P / CNw ��'� % w �,14Q4M� P1N� TR49 81 ST w 81 ST- w .L KEWOOD VP�� % w PINE D p w W -.11• t w W 8] 1 W 80 PL OAK W w pJ ` TR57 be T a`�'9�D1/y Sr 1 .? �4 c� pt , w 4 r z w 0 U U w Q, TR58 j w CL,- N ¢ CT N ' Q Q W T W W V W W n ,.^ W W lb W V Trya U � w v BANYAN o C W TR63 z BANYAN 4 z V � BANYAN J \� Fo _ W W W 80 CT w ODa W W yr OAK CT TR60 W ST w S w W w W w�O w MO 1V GOLF 1 COURSE W ri�f11/f1/f11�ff� w w w TR65 % w W L f"11 V L SEC . r W w w w w W©ODMONT w w W w W W W W W W W COUNTRY O NTpY W W W W W W W W W W W W W W W W LUB p W W W W V W W W W W W W W � w SOUTHGATE_ V ILLAGE,DWG SOUTHGATE VILLAGE PUBLIC UTILITY EASEMENT Exhibit 2 T MARAC PUBLIC UTILITY EASEMENT FOR: �-1. a U l (a- G NAME OV PROJECT This PUBLIC UTILITY EASEMENT made this day of� , 20(01 by Cjo vi+e-)e. 1+=�vv%eshaving an address of SI 9 $ 5a 12 (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 a portion of the servient estate. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations paid by each of the parties hereto to the other party, receipt of which is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as follows: 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive easement over and upon the servient estate for the installation and maintenance of public utilities. 2. Grantor reserves all rights not herein granted pursuant to this easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the easement herein granted or the exercise of the rights of use thereunder. 3. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. 980605 2 Public Utility Easement J •r IN WITNE S WHEREOF, Grantor has hereunto set his hand and seal on the day and year first a oe written. ATTEST: GRANTOR Centex Homes, byits mans ing General Psrtner, Centex Beal Esta e By: By: 1a04r epC 0WV Corporation Type Name[ Type Name T� •. , Corporate Secret ry vPresident Centex Real Estate Corporation (Corporate Seal) STATE OF FLORIDA SS COUNTY OF d'): 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 ,.,, „� T ba S ;;- 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 (1 - day of LIA j, 20 CI . ERIKA E rOHISON MY COMMISSION # CC 951449 ., .nf.,. EXPIRES: March 17, 2002 Bonded 7hru Notary Public underwriters ( v� Personally known to me, or ( ) Produced Identification Cola- -&hocL NOTARY PUBLIC, State of Florida at Large E V4%4 a lrTW 1 Sots (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ✓f DID NOT take an oath. 980605 M Public Utility Easement ATTEST: may: Marion Swenson, Cfv1C City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE B?chreiber Jo M Date: 10--10-0/ y: 4 effrey LAVAilleq City Manager Date: In lv-0/ to form STATE OF FLORIDA itchen."Kraft, : SS Tity Attorney y COUNTY OF er0tya ,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 .Sc. ve'&' "Y-r, je#'re4 �. M,llGr to me known to be the person(s) described in and who executed the foregoing instrument and 1LZt acknowledged before me and under oath that. -Oexecuted the same. el WITNESS my hand and official seal this 10 day of f c fv L)-� , 20 01 ► �� DAWN M. LESNIAKOWSKI'44 COMMSSION TiA?. CC962198 EXPIRES AUG . 2004BONDED THROUGH ADVANTAGE NOTARY (�) Personally known to me, or ( ) Produced identification / , "�)/ ), - -(,o - - 'e�IJIL NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) n0n.e- Type of I.D. Produced ( ) DID take an oath, or ('f DID NOT take an oath 980605 4 Public Utility Easement 'FIDAVIT SHALL BE CO LE EN MORTGAGEE SIG 7h,rsi I, ToeY)4 UASS _ do hereby affirm that I am'the v. -President of Centex -Real Estate corporation and that I have executed a Public Utility Easement with ttfe City of Tamarac for wond M00+- project and that I am the owner of the property covered by said Public Utility Easement. There are no mortgages held on the property, which is the subject of said Public Utility Easement. STATE OF FLORIDA SS COUNTY OFRUM M Be(&: FURTHER AFFIANT SAYETH NOT. (Signature) This Ie day of JAI ,20 Qi. 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 Trent h "s6 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 I (P day of J , 20 Q . NOTARY PUBLIC, State of Florida at Large ERIKAElcHI80N �yR\Kn• 'rc+HISOr MYCpMMISSIare ' 51449 (Name of Notary Public: Print, Stamp, EXPIRES: March 17, 2002 W.I.` BondedThruNntaryPubl�Underwr!tars or type as Commissioned) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 980605 61 Public Utility Easement Exhibit A w M C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS ' ENVIRONMENTAL CONSULTANTS 22M PARK CENTRAL BLVD. N. 2603 MAITLAND CENTER PARKWAY SUITE 100 SUITE C POMPANO BEACH, FLORIDA, 33064 MAITLAND, FLORIDA, 32751 (954) 974-2200 (407) 660-2120 LEGAL DESCRIPTION: 6' Utility Easement A strip of land 6.00 feet wide lying in Parcel 'A', WOODMONT GARDENS, according to the Plat thereof, as recorded in Plat Book 135, at Page 38, of the Public Records of Broward County, Florida, the centerline of said strip being more particularly described as follows: Commence at the Northeast corner of said Parcel 'A'; Thence South 89'01'14" West along the Northerly boundary of said Parcel 'A', for 3.00 feet to the POINT OF BEGINNING; Thence South 01'34'14" East along a line 3.00 feet westerly of and parallel with, as measured at right angles to the easterly boundary of said Parcel 'A', for 433.99 feet to a point at the beginning of a non —tangent curve, concave to the North, said curve having a radius of 247.00 feet, a central angle of 71'58'26" and from said point a radial line bears North 53'09'00" West; Thence Westerly along said curve lying 3.00 feet northerly of and concentric with the southerly boundary of said Parcel 'A', for 310.28 feet to a point of tangency; Thence North 71'10'34" West along a line 3.00 feet northerly of and parallel with, as measured at right angles to the southerly boundary of said Parcel 'A', for 377.44 feet; Thence North 01'34'14" West along a line 3.00 feet easterly of and parallel with, as measured at right angles to the westerly boundary of said Parcel 'A', for 382.21 feet to a POINT OF TERMINUS "on the northerly boundary of said Parcel 'A'. The sidelines of said strip are lengthened or shortened to intersect with the boundary of said Parcel 'A', and to form a continuous 6.00 foot wide easement. Subject to existing easements, rights —of —way, covenants, reservations and restrictions of record, if any. Said lands lying and situate in the City of Tamarac, Broward County, Florida. NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. �.-.ADQIXU 11S- 02..09I.&TIONS TO S!lRVEY At: Prix• OF. RZO_-ORTS -u OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 2. NO TITLE POLICY WAS PROVIDED FOR THE LANDS SHOWN HEREON NOR DID CCL CONSULTANTS, INC. ABSTRACT SAME FOR EASEMENTS OR RIGHTS OF WAY OF RECORD. 3. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 4. BEARINGS ARE BASED ON THE WEST LINE OF THE PLAT OF WOODMONT GARDENS, PLAT BOOK 135, PAGE 38, B.C.R., (North 01'34'14" West). REVISIONS DATE BY REVISED TO 6' UTILITY EASEMENT 7-24-01 1 BF Y V_ 5. CCL CONSULTANTS, INC.'S CERTIFICATE OF AUTHORIZATION No. 5610, IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS Q) AND PROFESSIONAL REGULATION. CIl CERTIFICATION: I HEREBY CERTIFY that thu attachA0 Sketch and Legal Description is true and-orrect, to the butt -of roy knowledge and belief and that it meats the, kirrimurr, FcrInnical -Standards set forth by the Florida Stwte 4ocrd -n,' LanZ Suv4yors In Chapter 61G17-6, Florida Adm_;gdstraiive Code, pursuant to Chapter 472.027 F.S. 0) - JUL 2 4 2001 1�0 Willlam N. Field-, P.S-M. V,x PROFESSRrJAL SURVEYOR �4ND I,APPER #5999, STATE OF FLORID U W _ XC rn DATE: 7-18-01 DRAWN BY BF CHECKED BY JAH FIELD BOOK N/A i _ _ C.C.L. CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS Ml_LANDSCAPE ARCHITECTS • ENVIRONMENTAL CONSULTANTS 2200 PARK CENTRAL BLVD. N. 2603 MAITLAND CENTER PARKWAY 7855 S.W. 104th STREET SUITE 100 SUITE C SUITE 230 POMPANO BEACH, FLORIDA, 33054 MAITLAND. FLORIDA, 32751 MIAMI, FLORIDA. 33156 954 974-2200 (407) 660-2120 (305) 448-8955 N SCALE: 1 "-100' POINT OF COMMENCEMENT N.E. CORNER PARCEL 'A' P.B. 135, PG. 38, BCR —\ SOUTHGATE BOULEVARD (106' Right of Way per O.R.B. 5209, Pg. 378, B.C.R.) _ - - � __._ - ^7.s• US.- - POINT OF BEGINNING LO P.B. 135, Pa. 38. BM a�a N�r7 M.M LO LO LO POINT ___------------- OF TERMINUS 'A ------------ 6' - - - -North line of 4-49-41 f S89'01'14"W 3' 3.00' 3• In i i a� Y m I PARCEL 'A' Cn 0_1n/�� ~ ! M n�/� nny�LO 2np O�UUI'NO GARDENS P� Lo I a ej t— UJ t I W 11 w I c> a i PLAT BOOK 135, PAGE 38, B.C.R. i °' �O I� N)I c� m a d I M o I I,_ w a C) g to <a n � I ct Z I w O I o 3IF CENTERLINE 6'3/-UTILITY EASEMENT�Ir�'A.o, o N71.1 , R=247.00' �- 34"�, L=310.28' _ 377 4 ' p=71'58'26" /. _ 4 t4 Np - S. BOUNQARt' PARCEL A' p AT / /�/ 4R`1 CT �, __� Ok B8 po q 20 f OURS 4-1 a,CR p44 SOUTHGATE ` � BOULEVARD THIS 3 DESCRIPTION z N.W. 81ST AVENUE LOCATION MAP NOT TO SCALE REVISIONS DATE BY REVISED TO 6' UTILITY EASEMENT 7-24-01 BF U) N O N LEGEND B.C.R. = Broward County Records N 0 = Central Angle (/) - — L - = Length P = Plat Pg. = Page Lu P.B. = Plat Book R = Radius U.E. = Utility Easement O.R.B. = Official Records Book J = Non —vehicular Access Line a c� w J n r� This is NOT a sketch of Survey U 1 C, DATE: DRAWN CHECKED FIELD 7-18-01 BY BF BY JAW I BOOK N/A