HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-286Temp. Reso. #9531
September 12, 2001 1
Revision 1, September 27, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-286
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A "TAMARAC WATER UTILITY EASEMENT" WITH
LAWRENCE B. CRONE FOR THE BEDDING BARN
PROJECT, LOCATED AT 8201 WEST COMMERCIAL
BOULEVARD, 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 Minor Revised Site Plan for the Bedding Barn Project, located at
8201 West Commercial Boulevard (attached hereto in map form as "Exhibit 1") was
approved for construction on November 27, 2000; and
WHEREAS, the Bedding Barn Project requires the installation of Water Distribution
System Improvements; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution System Improvements required to serve the Bedding Barn Project; and
WHEREAS, Lawrence B. Crone as the owner of the property, has offered the
Temp. Reso. #9531
September 12, 2001 2
Revision 1, September 27, 2001
"Tamarac Water Utility Easement" for water services and meters; and
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the Bedding Barn 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 Utility Easement" with Lawrence B. Crone for the Bedding Barn 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 Utility Easement" (attached hereto as "Exhibit 2") with
Lawrence B. Crone for the Bedding Barn Project, located at 8201 West Commercial
Boulevard, 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.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
C�
Temp. Reso. #9531
September 12, 2001 3
Revision 1, September 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 101h day of October, 2001.
JOE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
UIYAIIVKIN
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MAYOR SCHREIBER Aye,,__
DIST 1: COMM. PORTNER 2l er
DIST 2: COMM. MISHKIN A e.
DIST 3: V/M SULTANOF Ayei
DIST 4: COMM. ROBERTS A el
EXHIBIT 1
TEMP. RESO. # 9 5 31
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LOCATION
BEDDING-BARN.DWG
BEDDING BARN
WATER UTILITY EASEMENT
Exhibit 2
TAMARAC UTILITIES
UI%11=1:iIIJ9111VAA_6ycl81ZIill II
FOR: Bedding Barn Project
NAME OF PROJECT
On this day of
20—, that Lawrence B. Crone, Owner
having an address of
8201 W. Commercial Boulevard Tamarac F1 33321 ,
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 88t"
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.
000615 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
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
Itness
Type Name Riehard T. NeabiL,t
Witness
Type Name Shirley Veneziano
CONNECTICUT
STATE OF FKEORTIM
SS NEWINGTON
COUNTY OF HARTFORD
(G NTOR)
Type Name/Title Lawrence B. Crone
Owner
Type Name/Title
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 Lawrence B. Crone to me known to be the person(s)
described in and who executed the foregoing instrument and he acknowledged
before me and under oath that he executed the same.
WITNESS my hand and official seal this 19 day of _ A-pri l
*RRXL• 2001.
( x ) Personally known to me, or
( ) Produced Identification
14,4�4-J k 4-&-
NOTARY FW to i g48"M CONNECTICUT
at Large NOTARYPUBLIC
MY COMMISSION EXPIRES MAR. 31, 2006
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( x) DID take an oath, or( .) DID NOT take an oath.
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:
sty:
-Marion Swenson, MC
City Clerk
STATE OF FLORIDA
COUNTY OF &-UWV Le G(
: SS
ACCEPTED BY CITY OF TAMARAC
GRANT E
By:
Joe c eiber
May
Date: /0-/0-- 0 /
Jeffrey L. iller
City Manager
n.a.. M-1
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
foresaid and in the County aforesaid to take acknowledgments, personally appeared
c Ijet to me known to be the person(s) described in and
who executed the foregoing instrument and '4-1c�+.cacknowledged before me and
under oath that 4kktL executed the same. T
WITNESS my hand and official seal this IU
20 0) .
•L
*•••a••A.aaL,ai
( �) Personally known to me, or
( ) Produced identification
day of ffC lv l '.r
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( ) DID NOT take an oath
980605 4 water and sewer utility Easement
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
"ItlM1l11
By:
Type Name Leigh Ann Cerny
Corporate Secretary
(Corporate Seal)
STATE OF PMROA IDE
SS
COUNTY OF1P�1-��
MORTGAGEE
BANK UNITEr
Type Name
N, President
Gordon Kovacs
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 ae,-j to me known to be the person(s)
described in and who executed the foregoing instrument and �' acknowledged
before me and under oath that k' executed the same.
WITNESS my hand and official seal this I Sr day of
A99xxx 2001.
e
*-- _w •••
(Name of •- •Stamp,
• • - _CoVmllssioned)
(�) Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
980605 5 Water and Sewer Utility Easement
Exhibit A
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Lot 1, Block 7, less the Southerly 7.00 feet thereof, "LYONS COMMERCIAL
SUBDIVISION", according_ to the plat thereof, as recorded in Plat Book 69,
Pace 42, of the Public Records of Broward County, Florida. All lying and
beinc in the City of Tamarac, Broward County, Florida and containing 52,563
souare feet (1.207 acres more or less).
EXHIBIT A
Exhibit; B
SKETCH ND DESCRIPTION OF A WATER MAIN I�
EASEMEN TO BE DEDICATED AT LOT i BLOCK
7, LIONS COMMERCIAL SUBDIVISION,
A portion of Lot 1, Block 7, LYONS COMMERICAL SUBDIVISION', as recorded
In Plat Book 6R P ge 42 of the Public Records of Broward County, Florida,
being more fully d scribed as follows:
Commencing at the orthwest corner Of said Lot 1: thence South B9159'24"
East, along the Noth Line of said Lot 1, for a distance of i5.20 feet to
the POINT OF BEGIN�ING, thence continue South 88'59'24' East, along the
North line of sald!Lot i, for a distance of 15.00 feet; thence South
Oi'00'36' Most fora distance of 10.00 feet; thence North 88059'24" Nest
for a distance of 5.D(1 feet; thence North 01100'36" East for a distance
of 10.00 feet t0 t e POINT OF BEGINNING. Containing 0,003 acres of land,
more or legs.
Said lands situate,' lying and being In the City of Tamarac, Broward County,
Florida.
POSIT OF
401M1[NCCHC►fY
N. X. CORNER
LOT I DLO[N ,
auN. W. 57TH STREET avlvlaxorl
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POINY OF
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N�
I06ls�0�i•C-q'44'E
R - 25. 00'
1606* 59' 24' E 155. 00' A-900 00, 00,
s North Line Let 1 Dleek 7 A-39. 27'
I
g� NCM 57' 41' (I
�s. ao•
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p i Lot. 1, block 7 o Z
LYONS COMMeRICAL N z
6UDVIV14ION
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i
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R-25. 00,
Nod' 59' 24' d 155. 00' J4 A -'31?. 27 0'
' I
W- !COMMERICAL BLV7 ry
FOR: BEDDING BARN THI4'.4KETCH OOE4 NOT ZI`ai
No.: 0103088 CONSTITUTE A FIELD 4URVEY, Jtl 1FWLNO 2771 SIAIE FL�IOA
FATE: ME.' LO! aldI�cl IA Slll9i'fOR 14 Q11 STATE W RMIN
FILENAME: C51-7
SCALE 0'
DEN 1 ASSOCIATES
5701 PINE ISLAND RUA , SUITE 260,TAMARAC, FL. 33321 (954)•-720-1042 FAX (954)-720-1045
`��'' LAN) SURVEYS 0 SUBDIVISIONS 0 CONSTRUCTION SURVEYS