HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-362Temp. Reso. #9585
October 22, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-362
A RESOLUTION OF THE CITY COMMISSION AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A "TAMARAC WATER AND SEWER UTILITY
EASEMENT" WITH NORENE K. DAMICO FOR THE
WASTEWATER PUMP STATION NO. 25 REHABILITATION
PROJECT, LOCATED AT 9200 NW 70T" STREET, TO
ALLOW LEGAL ACCESS FOR INSTALLATION,
MAINTENANCE AND OPERATION OF A WASTEWATER
PUMP STATION; AUTHORIZING AND DIRECTING THE CITY
CLERK TO RECORD SAID DOCUMENT IN THE PUBLIC
RECORDS OF BROWARD COUNTY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Wastewater Pump Station No. 25 Rehabilitation Project, located at
9200 NW 701" Street (a copy of which is attached hereto in map form as "Exhibit 1") was
approved by the City Commission as part of the five year Capital Improvement Program;
and
WHEREAS, the improvements for the Wastewater Pump Station No. 25
Rehabilitation Project requires the installation of a new wet well and valve chamber; and
WHEREAS, an easement is required by City Code Section 25-191 for the required
reconstruction to rehabilitate existing Wastewater Pump Station No. 25; and
WHEREAS, Norene K. Damico, as the owner of the property, has offered the
"Tamarac Water and Sewer Utility Easement" for the wastewater pump station; and
Temp. Reso. #9585
October 22, 2001 2
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the Wastewater Pump Station No. 25 Rehabilitation 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 Norene K. Damico for the Wastewater
Pump Station No. 25 Rehabilitation Project, required for the installation, maintenance and
operation of the wastewater pump station.
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 Norene K. Damico for the Wastewater Pump Station No. 25
Rehabilitation Project, located at 9200 NW 70th Street, 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
document 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.
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 12t" day of December, 2001.
ATTEST:
MARION SVVENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as, to form.
CITY A'
RG/TR/mg
1
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A e.
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DIST 2: COMM. MISHKIN A-yel
DIST 3: V/M SULTANOF A -ye'
DIST 4: COMM. ROBERTS_A-y&
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PUMP_STA_25.DWG
PUMP STATION NO. 25
WATER AND SEWER UTILITY EASEMENT
"EXHIBIT 2"
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR: Wastewater Pump Station No. 25
NAME OF PROJECT
On this 2 day of hCtm b , 2061, that Norene
address of 2201 Ardmore Boulevard, Suite 3, Forest Hill
K. Damico having an
Pittsburqh, PA 15221,
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.
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 shall hold Grantee harmless from and against all claims, liability and
expense arising from the aforesaid removal of obstructions, including the expense of
removing, relocating, restoring and replacing same.
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.
000615
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.
Witness
Type Name
Witness
Type Name
STATE OF PENNSYLVANIA:
SS
COUNTY OF h
(GRANTOR)
' L {/�^��y/ _ � FX
Type Name/Title C n
Type Namef Fitle
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 e 1)GL I , c C� to me known to be the person(s)
described in and who executed the foregoing instrument and sP,4-' acknowledged
before me and under oath that --,i-) e executed the same.
WITNESS my hand and official seal this Qcj` day of ac40be. -
202�L.
NOTARY PUBLIC, State of
PennsylvaMaat Large
Notarial Seal Ma'r`1 � a 0"n e—
Mary E. Keane, Notary Public
Forest Hills Boro, Allegheny County (Name of Notary Public: Print, Stamp,
My Commission Expires Nov. 30, 2002
Member, Pennsylvania Association of Notarles or type as Commissioned)
( ) Personally known to me, or
( v f Produced Identification
� i J e v- .S ( l c e tra Sc-,
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
000615 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:j2LX
-
Marion Swertson, CMC
City Clerk
STATE OF FLORIDA
:SS
COUNTY OF WOWA2b
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
JOC�CN2gF��'�c�EFF��VL. /�)IC.d�� to me known to be the person(s) described in and
who executed the foregoing instrument and rAw acknowledged before me and
under oath that 'TTty executed the same.
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe4q&eiber
Ma
Date: 12 -12 -d
By:-
1.� Jeffrey L. ille
City Manager
WITNESS my hand and official seal this ►2 day of I)ECEM E tQ?- ,
20 0 )
A •••••♦ Aw
w • ••• w••w••••••w�
( ✓) Personally known to me, or
( ) Produced identification
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
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
C� on�irz
Itn _/��J___/� )AM' ,C� do hereby affirm that I am the Owner of 9200
NW 70 Street and that I have executed a Tamarac Utilities Water and Sewer
Easement with the City of Tamarac for Wastewater_ Pump Station. #25 and that I am the
owner of the property covered by said Tamarac Utilities Water and Sewer Easement.
There are no mortgages held on the property, which is the subject of said
Tamarac Utilities Water and Sewer Easement.
FURTHE AFFIANT SA TH NOT.
( ignature)
Thiso7/ day of ' 20c.
STATE OF PENNSYLVANIA
SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesa d and in t 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-.')--,Tday of
20vi .
( ersonally known to me, or
( ) Produced Identification
aly
NOTAR ��R� I(('� N a�f Pennsy ariia
� (;bm 0:;011i. Notary Public
at Larg Wilmerding Boro, Allegheany county
My commission Expires .tan. 10, 2005
Member, Pennsylvania Association of
(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 5 Water and Sewer Utility Easement
SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
�$ 5381 NOB HILL ROAD �s
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777 - FAX: (954) 572-1778
E—MAIL: surveys0pulicelandsurveyor5.com CERTIFICATE OF AUTHORIZATION #LB3870
LEGAL DESCRIPTION: sx H \ e,>%7 N � g 7
A 10.00—FOOT WIDE STRIP OF LAND BEING A PORTION OF PARCEL "R", BLOCK 323, "WESTWOOD
COMMUNITY FOUR —A", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 78, PAGE 42,
OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID PARCEL "R"; THENCE NORTH 01'00'50" EAST ON THE
EAST LINE OF SAID PARCEL "R" FOR 51.01 FEET TO THE INTERSECTION WITH A LINE LYING 16.00
FEET SOUTHWESTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF SAID PARCEL "R"; THENCE
NORTH 55'42'34" WEST ON SAID PARALLEL FOR 7.18 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE NORTH 55'42'34" WEST ON SAID PARALLEL LINE FOR 123.71 FEET TO THE INTERSECTION
WITH THE SOUTHERLY BOUNDARY OF A 12.00—FOOT WIDE UTILITY EASEMENT PER PLAT AND LYING
12.00 FEET SOUTHEASTERLY OF THE NORTHERLY BOUNDARY OF SAID PARCEL "R", SAID POINT BEING
ON THE ARC OF A 87.00 FOOT RADIUS NON —TANGENT CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS
POINT BEARS NORTH 47'54'02" WEST; THENCE NORTHEASTERLY ON THE ARC OF SAID CURVE AND
SAID SOUTHEASTERLY BOUNDARY, THROUGH A CENTRAL ANGLE OF 06'36'35" AN ARC DISTANCE OF
10.04 FEET TO THE INTERSECTION WITH A LINE LYING 6.00 FEET SOUTHWESTERLY OF THE
AFOREMENTIONED NORTHEASTERLY LINE OF SAID PARCEL "R", SAID LINE ALSO BEING THE SOUTHERLY
LINE OF A 12.00 FOOT WIDE PLATTED UTILITY EASEMNNT; THENCE SOUTH 55'42'34" EAST ON SAID
SOUTHERLY LINE FOR 116.36 FEET TO THE INTERSECTION WITH THE WEST LINE OF A 12.00—FOOT
WIDE PLATTED UTILITY EASEMENT, SAID LINE LYING 12.00 FEET WEST OF AND PARALLEL WITH THE
EAST LINE OF SAID PARCEL "R"; THENCE SOUTH 01'00'50" WEST ON SAID WEST LINE FOR 11.96
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING, AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND
CONTAINING 1,199 SQUARE FEET (0.028 ACRES) MORE OR LESS.
1�OIS&I
1.) THIS SITE LIES IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY OF TAMARAC,
BROWARD COUNTY, FLORIDA.
2.) BEARINGS ARE BASED ON THE NORTHEASTERLY LINE OF PARCEL "R", "WESTWOOD COMMUNITY
FOUR —A' BEING N55'42'31 "W_
3.) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY.
FILE: CITY OF TAMARAC
SCALE: N/A
ORDER NO.: 41564
DATE: JULY 5, 2001
10' UTILITY EASEMENT
PUMP STATION *25 EASEMENT
FOR: CITY OF TAMARAC
10
3aIBLOCK 322I3
e
N.W. 7Dth ST 12 c
PARCEL "R" ° sMcr
BLOCK 323 :a Z
MC NAB ROAD
LOCATION MAP
NOT TO SCALE
SHEET 1 OF 2 SHEETS
John F. Pulice, Reg, Land Surveyor #2691
State of Florida
SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
PLs 5381 NOS HILL ROAD
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572--1777 - FAX: (954) 572-1778
E—MAIL: surveys0pulicelondsurveyors.Corn CERTIFICATE OF AUTHORIZATION #L133870
LU
U
9 0
�I
Z
BLOCK 322 rn
__--------__I
RApIUS=$7.00'
CENTRAL ANGLE=06*36*35"
ARC DISTANCE=10.04'
..._ /� 12
A.
N.W. 70TH STREET
Ste, 9
� �'.. S• Sg2•\ NTA I
_N88'59'10"W 150.00'
12' UTILITY EASEMENT PER PLAT
!3 9
qRy Q_
BLOCKPARCEL323� F�SF'1/F,�rARcF[
'WESTWOOD COMMUNITY FOUR -A'
— _ — — 10' PLANTING AND WALL EASEMENT PER PLAT
' — — — — ` — ` 10' UTILITY EASEMENT PER PLAT) — — — — — — _ �— — — — — — — — — — — — — —
SW59'10"E 503.30'
POINT OF COMMENCEMENT
SE CORNER PARCEL "R"
FILE: CITY OF TAMARAC
SCALE: T-40'
ORDER NO.- 41564
DATE. JULY 5, 2001
10' UTILITY EASEMENT
PUMP STATION #25 EASEMENT
FOR- CITY OF TAMARAC
S01'00'50"w
„
11.96,
555'az'3a"E 7.18'
i
12' UTILITY EASEMENT
PER PLAT
Iz
u
O
u7
J 0
0
¢ a
wa
SHEET 2 OF 2 SHEETS
Reg. Land Surveyor #2691
State of Florida