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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. DIST 1: COMM. PORTNER fl q DIST 2: COMM. MISHKIN A-yel DIST 3: V/M SULTANOF A -ye' DIST 4: COMM. ROBERTS_A-y& EXHIBIT I TEMP. 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ILLJ f Iz"" 3 WESTW❑❑D G� z Z 67 67 ST w 3 67 , /,TF `P7 / W W T ❑D 2 'P ff 1ff /f WLC AV � g r�i -a 66 CT a, W Q p h 1f cc, (� 76 A V W l- "ch G� 66 ST 6 W W gbh W Li W W W U W W O� ��! 94 TERR {V4 VyC46 rj 0 2 a W 3 W W HE VILLAGE W W W *LAND SEC, 8 ` WEDGEWOOD W W W W W W W W W W W W W W W63 W ST) ' W � W � W W W W W W W W SANTA RUSA DR. 61 ST 3 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