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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-041• Temp. Reso. #9292 2/20/2001 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- 41 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA , AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A PUBLIC UTILITY EASEMENT AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF LAUDERHILL, GRANTING TO THE CITY OF TAMARAC AN EASEMENT WITHIN THE PUBLIC RIGHT-OF-WAY OF NORTHWEST 44T" STREET FOR PUBLIC UTILITY PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac passed Resolution No. R-95-290, approving the annexation by the City of Lauderhill of the northern one-half portion of the right-of-way for Northwest 44th Street, between Rock Island Road and Northwest 641" Avenue, and requiring that the appropriate City officials execute an agreement for utility easement rights; and WHEREAS, pursuant to State legislative action, the northern one-half portion of the right-of-way for Northwest 44th Street, between Rock Island Road and Northwest 64th Avenue, was transferred to the City of Lauderhill; and WHEREAS, the City of Lauderhill, has executed the attached Public Utility Easement for Northwest 44th Street, granting a perpetual public utility easement under, 9 over and upon the right-of-way for Northwest 44th Street, between Rock Island Road and Temp. Reso. #9292 2/20/2001 Page 2 • Northwest 64th Street, for the laying, installing, maintaining, operating, modifying and altering of water lines and appurtenant facilities, sewer lines, flood gates and appurtenant facilities owned and maintained by the City of Tamarac, as well as for surface water drainage and other public utility purposes; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City officials to accept and execute a public utility easement agreement between the City of Tamarac and the City of Lauderhill, granting to the City of Tamarac easement rights to the public right-of-way for Northwest 44th Street . 0 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is 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 for Northwest 44th Street, attached hereto as Exhibit 1, between the City of Tamarac and the City of Lauderhill; and SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 10 • 11 Temp. Reso. #9292 2/20/2001 Page 3 application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 2811 day of February, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY hat I have approved thi RESIDLUTADN a to form. MITCHELL S. KRAFT CITY ATTORNEY MINOR �.. 0 . RECORD OF COMMISSION MAYOR SCHREIBER QIST 1: COMM. PORTNER OW r': COMM. MISHKIN -. DW 3: COMM. SULTANOF OW 4: HIM ROBERTS — PUBLIC UTILITY EASEMENT FOR NORTHWEST 44th STREET THIS AGREEMENT made and entered into in Broward County, Florida, this 8th day of January , 200.1 by and between the City of Lauderhill, a municipal corporation organized and existing under the laws of the State of Florida, having an address of 2000 City Hall Drive, Lauderhill, FL 33313, which is a municipality located within the boundaries of Broward County, Florida (hereinafter referred to as "GRANTOR"), and the City of Tamarac, a municipal corporation organized and existing under the laws of the State of Florida, having an address of 7525 Northwest $$`h Avenue, Tamarac, Florida 33321, which is a municipality located within the boundaries of Broward County, Florida (hereinafter referred to as "GRANTEE"). WITNESSETH: WHEREAS, the Northern one-half of the right-of-way for Northwest 441h Street, between Rock Island Road and Northwest 64th Avenue, was transferred to GRANTOR by virtue of State Legislative action and subsequent City of Tamarac Resolution Number R-95-290, a copy of said Resolution being attached hereto as Exhibit "A"; and \ Page 1 of 7 WHEREAS, GRANTEE owns, operates and maintains an existing 12-inch water main and flood gate within a portion of the right-of-way for Northwest 44`" Street between Rock Island Road and Northwest 641" Avenue; and WHEREAS, GRANTEE proposes to extend its existing 12-inch water main from its current terminus, to the intersection of Northwest 441" Street and Northwest 64`h Avenue, so that said 12-inch water main will run the entire length from Rock Island Road to Northwest 64`" Avenue; and WHEREAS, GRANTEE requires that it have and retain use and maintenance easement rights for its'public utilities located within the right-of-way of Northwest 44``' Street; and WHEREAS, GRANTOR has initiated a project that will result in the widening of Northwest 44 h Street in the vicinity of the existing 12-inch water main owned, operated and maintained by GRANTEE and in the vicinity of the extension of the 12-inch water main proposed by GRANTEE; and WHEREAS, GRANTOR's project for the widening of Northwest 441" Street will result in a paved travel lane for Northwest 441" Street being constructed in the area of GRANTEE's existing and proposed water main; and - WHEREAS, GRANTOR and GRANTEE both recognize that the maintenance and repair of a water main under a paved roadway is more difficult and expensive than the maintenance and repair of a water main under an open and unimproved area; and WHEREAS, GRANTOR and GRANTEE agree that there are actions that can be taken and/or agreed to that will aid in the mitigation of GRANTEE's incrementally increased costs as a s result of GRANTEE's 12-inch water main being located under, close to or in the vicinity of the paved roadway for the widened Northwest 44" Street, as opposed to being located under an open Page 2 of 7 and unimproved area; and WHEREAS, GRANTOR and GRANTEE are desirous of agreeing on a solution to some outstanding issues concerning GRANTEE's existing 12-inch water main, GRANTEE's proposed extension to its existing 12-inch water main, and GRANTOR's project for the widening of Northwest 40 Street. NOW THEREFORE, 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 hereby grants, bargains and sells to GRANTEE, its successors and assigns, a perpetual public utility easement under, over and upon the property legally described in Exhibit "B" (together with sketches for explanation) attached hereto and incorporated herein by reference (hereinafter "the easement area"). GRANTEE may use the easement area for the laying, installing, maintaining, operating, modifying and altering of water lines and appurtenant facilities, sewer lines, flood gates 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, a natural gas company or franchised cable television company, that crosses the easement area at right angles, and GRANTOR may furnish an easement to other public/quasi-public entities for similar utility -type installations; provided that, in no event, shall any of the rights herein reserved to GRANTOR impede the Page 3 of 7 ONE easement herein granted or the exercise of the rights of use thereunder. 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 manmade obstructions placed on the easement which impede the easement herein granted or the exercise of the rights thereunder. GRANTOR further grants to 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. Recognizing that GRANTOR intends to construct a paved roadway in the vicinity of or over the easement area, and recognizing that GRANTEE will need to access its utilities lying under said roadway, it is agreed between the parties hereto that GRANTEE has the express right to excavate in the roadway in order to maintain or repair its utilities. In doing so, GRANTEE shall notify GRANTOR concurrent with the initiation of excavation and shall make its best efforts to notify GRANTOR with as much advance notice of the proposed excavation as is possible; however, such notice from GRANTEE to GRANTOR is to be a courtesy and not a condition precedent to the initiation of excavation. It is expressly agreed that GRANTEE need not obtain GRANTOR's permission in order to commence maintenance or repair work on GRANTEE's utilities under the roadway, nor to commence excavation in connection therewith. Furthermore, should GRANTEE excavate the roadway in connection with the maintenance or repair of GRANTEE's utilities, and after such maintenance and repairs are completed, Page 4 of 7 M GRANTEE shall be responsible for bringing the level of the excavation up to grade using proper material and compaction methods, including the final 18 inches of the material replaced in the excavation being suitable road base material. Upon GRANTEE's completion of the excavation and the backfilling thereof, GRANTEE shall notify GRANTOR that the excavation has been completed. Thereafter, GRANTOR shall have the responsibility for the repaving of the excavated area. GRANTOR shall hold GRANTEE harmless and shall indemnify GRANTEE for any liability arising on or by the excavation site and arising after GRANTEE notifies GRANTOR that the excavation has been completed. In the event GRANTOR desires or requests the relocation of GRANTEE's public utilities located within the easement area, GRANTOR agrees: (1) to convey to GRANTEE similar easement rights within the right-of-way for Northwest 44`h Street for public utilities purposes, and (2) to pay any and all costs and expenses associated with the relocation of GRANTEE's public utilities. The provisions of this 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 and signed by the party to be charged therewith. Page 5 of 7 IN WITNESS WHEREOF, GRANTOR has hereunto set its hand and seal on the day and year first above written. ATTEST: � W- �.�_. Leo,�. APPROVED AS TO FORM: By: '1& A'�/ W. EARL HALL CITY ATTORNEY 0IFE41*91a*96 tm, [Orel Iial was) 0:):�i M L1`79 VAN kyj 0- 41 Date: CIT v✓ WITNESS WITNESS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of Florida to take acknowledgments, personally appeared AlenharcL�i /a.•, a.. v��nes �c�ti agldSr to me known to be the person(s) described herein or who produced as identification and who executed the foregoing instrument and they acknowledged before me they executed the same. Witness my hand and official seal this /7 day of 0'0' iWA , 200V OFFICIAL. NOTARY SEAL ANDREA M ANDERSON [My OTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CWW71 COMMISSION EXP. NEB 1 �G'�G.. 7?7 • e%S dN. NOTARY PUBLIC My commission expires: Tupe Zoa/ "Page 6 of 7 IN WITNESS WHEREOF, GRANTEE has hereunto set its hand and seal on the day and year first above written. ATTEST: CITYCLER-fe-A—M AS70F CITY ATTORNEY COUNTY OF BROWARD CITY OF TAMARAC By: (�,—��Z YOR Date: 2110 l WITNESS WITNESS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of Florida to take acknowledgments, personally appeared `-O to me known to be the person(s) described herein a who executed the foregoing instrument and they acknowledged before me they executed the same. Witness my hand and official seal this day of OFFICIAL NOTECC57757]72D ,NNE A W NOTARY PUBLIC SPA COMMISSION NMy COMMISSION E at"'a 4�1 )vk-& NOT41Y PUBLIC My commission expires: • !S Sod �— Page 7 of 7 .e• EXHIBIT "All 1 t Temp. Reso. #1 Revised 10/27/95 Revised 11 /1 /95 Revised 12/6/95 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95- -q90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE DEANNEXATION OF A PORTION OF NORTHWEST 44TH STREET RIGHT-OF- WAY BETWEEN NORTHWEST 64TH AVENUE AND ROCK ISLAND ROAD AND ENDORSING THE CITY OF LAUDERHILL'S SPECIAL ACT REQUEST TO THE BROWARD COUNTY LEGISLATIVE DELEGATION TO ANNEX AND RECEIVE THE OWNERSHIP AND MAINTENANCE OF SAME SUBJECT TO THE APPROPRIATE CITY OFFICIALS EXECUTING AN AGREEMENT FOR UTILITY EASEMENT RIGHTS; PROVIDING FOR CONFLICTS; PROVIDING FOR WHEREAS, a portion of Northwest 44th Street right-of-way between Northwest 64th Avenue and Rock Island Road is currently located in the City of Tamarac; and WHEREAS, the only access to property in the City of Tamarac off Northwest 44th Street is the Woodlands Country Club maintenance building; and WHEREAS, the City of Tamarac owns and maintains a 12" water main in a portion of the Northwest 44th Street right-of-way; and WHEREAS, the appropriate City Officials of the City of Tamarac will enter into an agreement with the City of Lauderhill to maintain utility easement rights; and WHEREAS, the City of Lauderhill desires to make improvements to Northwest 44th Street which will directly benefit the residents of the City of Lauderhill; and WHEREAS, the City of Lauderhill has expressed an interest in having the entire right- 1 1 2 Temp. Reso. #Z= Revised 10/27/95 Revised 11/1/95 Revised 12/6/95 of -way of Northwest 44th Street -be in the City of Lauderhill; and WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best Interests to the citizens and residents of the City of Tamarac to support Lauderhill's Special Act request to deannex a portion of Northwest 44th Street right-of-way between Northwest 64th Avenue and Rock Island Road from the City of Tamarac and to annex said portion of the right-of-way to the City of Lauderhill. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SEQTIQbJ • That the foregoing 'VMERE4S" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the proposed annexation by the City of Lauderhill of the real property as set forth in Exhibits "A" and "B" of this Resolution is approved, as being in the best interests of the City of Lauderhill and the City of Tamarac. SECTION 3: That the City of Tamarac endorses the City of Lauderhill's Special Act request to the Broward County Legislative Delegation to deannex a portion of Northwest 44th Street right-of-way between Northwest 64th Avenue and Rock Island Road from the City of Tamarac and to annex said portion of the right-of-way to the City of Lauderhill subject to the appropriate City Officials executing an agreement for utility easement rights as set forth in Exhibit "C". • All costs incurred with regard to the transactions as set forth in this Resolution shall be paid for by the City of Lauderhill. 1 1 3 Temp. Reso. #7259 Revised 10/27/95 Revised 11 /1 /95 Revised 12/6/95 SECTION 5: That the appropriate City Officials are hereby authorized to execute any and all documents necessary to fulfill the purpose of this Resolution. SF,QTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: 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. This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this / ATTEST: CAROL A. EVANS City Clerk I yIETEBY CERTIFY that,Yhave ppr Wed this RESOLUTAON as to form. MITCMLL S. City Attorney "SkewM RECORD OF COMMISSION VOTE MAYOR AFRnM0. ITZ DIST. is —�,!Qk;>1M. MCKAYE' DIS'r 2: CG�LA. I j KIN DIST-$: C�.c 1Nara_aCH[LE1E D157 4: COfl R. hMACHEK EXHIBIT "A" TEMP RESO V, PAGE 1 of 2 1 A bill to be entitled 2 placing 3 An Act relating to the Cities of Lauderhill and Tamarac, Broward County, Florida; p g 4 one parcel of land in the corporate limits of the City of Lauderhill which parcel is presently S in vile City cf Tamarac; and red:fir.ing each City's common be�rndaries; providing for an 6 effective date. 7 a Be It Enacted by the Legislature of the State of Florida: 9 io Section 1. The present corporate limits of the City of Lauderhill, Broward County, 11 Florida, are hereby changed to include, in addition to territory presently in the corporate 12 limits, one parcel of property in the City of Tamarc, in Section 14, Township 49 South, 13 Range 41 East, Broward County, Florida. The parcel is described as follows: 14 If is The south 40 feet of Section 14, Township 49 South, Range 41 east, less the following 16 parcel of land being more particularly described as follows: 17 is Begin at the Southeast corner of Said section 14: Thence S.89degrees 34'OTV., along 19 the south line of said Section 14 a distance of 112.82 feet; thence N. 15 degrees 36'34" 20 E., a distance of 41.62 feet to a point on a line 40 feet north of and parallel with the south 21 line of said Section 14; thence N 89 degrees 34'07' E, said parallel line a distance of EXHIBIT "A" TEMP RESO V PAGE 2 of • 22 100.57 feet to a point on the east line of said Section 14; thence S 01 degrees 30'21" E. 23 along said east be a distance of 40.01 feet to the point of beginning. 24 25 Said Parcel of land situate within Broward County, Florida and containing 4.75 aces 26 (206,970 square feet) more or less. 27 28 An easement shall also be granted to the City of Tamarac by the City of Lauderhill for the 29 maintenance of a 20 foot waterline easement located within the 40 feet of right of way • 30 being annexed to the City of Lauderhill. , 31 32 Section 2. This act shall take effect upon becoming law. C� STONER 3 ASSOCIATES, Inc. 1372 North University Drive SURVEYORS - PLANWRS Tel. (954) 370-1880 Plantation. Florido W22 Fox (954) 370-1883 SKETCH AND DESCRIPTION OF I ANNEXATION PARCEL hr_ nnn�nrn►�_ THE SOUTH 40 FEET OF SECTION 14• TOWNSHIP 49 SOUTH, RANGE 41 EAST, LESS THE FOLLOWING PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE S.89'34'07"W. ALONG THE SOUTH LINE OF SAID SECTION 14 A DISTANCE OF 112.82 FEET; THENCE N.15'36'34"E. A DISTANCE OF 41.62 FEET TO A POINT ON A LINE 40 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 14; THENCE N.89'34'07"E, ALONG SAID PARALLEL LINE A DISTANCE OF 100.57 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 14; THENCE S.01'30'20"E. ALONG SAID EAST LINE A DISTANCE OF 40.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND SITUATE WITHIN BROWARD COUNTY, FLORIDA AND CONTAINING 4.75 ACRES (206,970 SQUARE FEET), MORE OR LESS COMMERCIAL BLVD. o t � J y Q 14 a C� J ° TOWNSHIP 49 SOUTH, C RANGE 41 EAST o z � 40.0' .� DETAIL 'A' SCALE: 1 "=1000* OIAPM SCALE N,89'34'07'E. _ NOT INCLUDED oN AUAKRW O ad 2 112.82' S.89.34'07"W. st w", ► u r PECT,al 14-4f-N sEC71w, 1.40-41 DETAIL $'A" TVwc-• (NOT TO SCALE) I. THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RIGHTS -OF -WAY, EASEMENTS OR OTHER MATTERS OF RECORD. :. THE 9EARINGS SHOWN HEREON ARE BASED ON THE STONFR/KEITH RESURVEY NO. Yi OF TOWNSHIP 49 SOUT., rANG: 51 FAST, AS RECORDED IN MISCELLANEOUS PLAT BOOK 3 PAC{ 4< F THEPUBLIC RECORDS OF BROWARD COUNTY, �LORI(1;L CERTIFICATE: ; - A0 1S TO CEIITKY TWAT THE $XrTCH AM Urk DESCRIPTION 9101AW 4MON unjS 711E MNMUO TECHNICAL ST"AMS SET F M rLOIODA SNAP Or PROFES90Nµ SAtWyaRS • uAPro15 IN OW7E,1 O,C7-4. RO,WA AD"OIRATM CODE. PMSLJANT la 472 / OFgA STANTES. I nM1W" CoTry TWAT T"S SKE:CN DOES NOT MtPT SM A FfLO SURWY. AN I �I I NOT %wX JNLEss RICMARD 0:. CRAWFM JR. ff"SEALS • t._iE eEin -�asscti ---- •••••_•,,.• .omoN. l.wc.c. re wrra w, sun,'- wayw.. � Sl1F'.E,'J1t•s $.A ,epTA{ - Floc I ": I "'" ___,..._ �►IEET 1 n: ` EXHIBIT "2" Temp Reso #725, EXHIBIT "B" DESCRIPTION: AN EXCLUSIVE TAMARAC UTILITY WEST EASEMENT LOCATED IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 41 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE S.89"34'07"W. ALONG THE SOUTH LINE OF SAID SECTION 14 A DISTANCE OF 112.82 FEET TO THE POINT OF BEGINNING; THENCE S.89°34'07"W. ALONG THE SOUTH LINE OF SAID SECTION 14 A DISTANCE OF 87.18 FEET; THENCE N.01 030'20"W. A DISTANCE OF 15.00 FEET TO A POINT ON A LINE NORTH OF AND PARALLEL WITH THE SOUTH LIVE OF SAID SECTION 14; THENCE S.89034'07'W. ALONG SAID PARALLEL L;NE A DISTANCE OF 250.00 FEET; THENCE S.01 030' 20"E. A DISTANCE OF 3.00 FEET TO A POINT ON A LINE NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 14; THENCE 8.89034'07"W. ALONG SAID PARALLEL LINE A DISTANCE OF 4,830.12 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 14; THENCE N.01 030'20"W. ALONG THE WEST LINE OF SAID SECTION 14 A DISTANCE OF 28.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF NORTHWEST 44TH. STREET; THENCE N.89034'07"E. ALONG THE -SAID RIGHT OF WAY LINE A DISTANCE OF 30.00 FEET; THENCE S.01 °30'20"E. A DISTANCE OF 12.00 FEET TO A POINT ON A LINE NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 14; THENCE N.89°34'07"E. ALONG SAID PARALLEL LINE A DISTANCE OF 2,239.12 FEET; THENCE N.01 "30'20"W. A DISTANCE OF 12.00 TO A POINT ON THE NORTH RIGHT OF WAY LINE OF NORTHWEST 44TH. STREET; THENCE N.89°34'07"E. ALONG THE SAID RIGHT OF WAY LINE A DISTANCE OF 16.00 FEET; THENCE S.01 030'20"E. A DISTANCE OF 12.00 FEET TO A POINT ON A LINE NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 14; THENCE N.89°34'07"E. ALONG SAID PARALLEL LINE A DISTANCE OF 2,545.00 FEET; THENCE N.01 "30'20"W. A DISTANCE OF 5.00 FEET TO A POINT ON A LINE NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 14; THENCE N.89034'07"E. ALONG SAID PARALLEL LINE A DISTANCE OF 290.00 FEET; THENCE S.01 "30'20"E. A DISTANCE OF 7.00 FEET TO A POINT ON A LINE NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 14; THENCE N.89034'07"E. ALONG SAID PARALLEL LINE A DISTANCE OF 54.97 FEET; THENCE S.15°36'34"W. A DISTANCE OF 27.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND SITUATE WITHIN BROWARD COUNTY, FLORIDA AND CONTAINING 1.95 ACRES (84,965 SQUARE FEET), MORE OR LESS. SHEET 1 OF 2 0 0 EXHIBIT B Roc IEK I � z r -o ZT OU Q LL. ti 2I" B4th AVENUE CITY OF LAUDERHILL EXHIBIT 'T' Temp Reso #7259- 57/k- 2 C.) -.V- z TUW EASEMEN'r 44th STREET WATER MAIN WLA-DWC A E%HIBIT i Rock /S AND RD o o) W - ''t o Z [ U 0 ,r q.r v CV , Ld qd. 0 X W iI �U UQ o,§► I Iletl?i M Q F ! �pyi ul Qpii O = E'g .�� U Q 1±fit ? /Wy fLLd o 'E� ciI U U� , r z 3 z p"i?I i ,fir , LLJ 0 lin! I W Iu a o z 00 W iz;` V1 V) 64th AVENUE CITY OF LAUDERHILL ■ . EXHIB "B" SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. Pr.S 5WI NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • FAXI (954) 572-1778 FE-MAIL-1 surveysepullcelandsurveyors.core CERTIFICATE OF AUTHORIZATION #LB3870 MATCH LINE `A' MATCH LINE 'B' MATCH IiE 'A' W z X P. MATCH LIPS kCITY OF TAMARAC = 1'-200' R NO: 39741 JULY 7, 2000 TER LINE EASEMENT TH STREET / ROCK ISLAND RD. CITY OF TAMARAC MATCH LIPS 'C. MATCH -- - T LINE SEC. 15.W N.W. 64TH AVENUE John F. Pulice, eg. Land Surveyor #2691 Michael Charles Flynn, Reg. Land Surveyor #3281 Jay Keri, Reg. Land Surveyor #5721 State of Florida SKETCH AND LEGAL DESCPoPTION BY PULICE LAND SURVEYORS, INC. PL.S 5381 NOB HILL ROAD P� SUNRISE, FLORIDA 33351 TELEPHONE, (954) 572-1777 • FAX: (954) 572-1778 E-MAIL: surveys@pulicetondsurveyors.com CERTIFICATE OF AUTHORIZATION #LB3870 LEGAL DESCRIPTION: 1$ FOOT WATER LINE EASEMENT A PORTION OF- SECTION 14, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE RUN SOUTH 89 DEGREES 34 MINUTES 07 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 14 FOR A DISTANCE OF 181.31 FEET; THENCE RUN NORTH 00 DEGREES 25 MINUTES 53 SECONDS WEST FOR A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 89 DEGREES 34 MINUTES 07 SECONDS WEST FOR A DISTANCE OF 217.72 FEET; THENCE RUN SOUTH 86 DEGREES 43 MINUTES 01 SECONDS WEST FOR A DISTANCE OF 100.51 FEET; THENCE RUN SOUTH 89 DEGREES 34 MINUTES 07 SECONDS WEST FOR A DISTANCE OF 2502.92 FEET; THENCE RUN NORTH 88 DEGREES 54 MINUTES 24 SECONDS WEST FOR A DISTANCE OF 263.09 FEET; THENCE RUN SOUTH 89 DEGREES 34 MINUTES 07 SECONDS WEST FOR A DISTANCE OF 999.79 FEET; THENCE RUN SOUTH 87 DEGREES 51 MINUTES 01 SECONDS WEST FOR A DISTANCE OF 400.18 FEET; THENCE RUN SOUTH 89 DEGREES 34 MINUTES 07 SECONDS WEST FOR A DISTANCE OF 615.96 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 14; THENCE. RUN NORTH 01 DEGREES 30 MINUTES 51 SECONDS WEST ALONG SAID WEST LINE FOR A DISTANCE OF 15.00 FEET; THENCE RUN NORTH 89 DEGREES 34 MINUTES 07 SECONDS EAST FOR A DISTANCE OF 616.02 FEET; THENCE RUN NORTH 87 DEGREES 51 MINUTES 01 SECONDS EAST FOR A DISTANCE OF 400.18 FEET; THENCE RUN NORTH 89 DEGREES 34 MINUTES 07 SECONDS EAST FOR A DISTANCE OF 1000.21 FEET; THENCE RUN SOUTH 88 DEGREES 54 MINUTES 24 SECONDS EAST FOR A DISTANCE OF 263.09 FEET; THENCE RUN NORTH 89 DEGREES 34 MINUTES 07 SECONDS EAST FOR A DISTANCE OF 2502.34 FEET; THENCE RUN NORTH 86 DEGREES 43 MINUTES 01 SECONDS EAST FOR A DISTANCE OF 100.51 FEET; THENCE RUN NORTH 89 DEGREES 34 MINUTES 07 SECONDS EAST FOR A DISTANCE OF 223.94 FEET TO A POINT LYING ON THE WEST RIGHT-OF-WAY LINE OF ROCK ISLAND ROAD; THENCE RUN SOUTH 13 DEGREES 22 MINUTES 04 SECONDS WEST ALONG SAID WEST LINE FOR A DISTANCE OF 13.29 FEET; THENCE RUN SOUTH 51 DEGREES 28 MINUTES 29 SECONDS WEST ALONG SAID WEST LINE FOR A DISTANCE OF 3.40 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 76,562 SQUARE FEET, 1.76 ACRES, MORE OR LESS. NOTES: 1) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, 2) BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 14 BEING SOUTH 89 DEGREES 34 MINUTES 07 SECONDS WEST. FILE; CITY OF TAMARAC SCALE: 1'-200' ORDER NO.; 39741 rDAT7.E- JULY 7, 2000 TER LINE EASEMENT TH STREET / ROCK ISLAND RD. CITY OF TAMARAC PAGE 2 OF 2 John F. Pulice, Reg, Land Surveyor #2691 Michael Charles Flynn, Reg. Land Surveyor #3281 Jay Keri, Reg, Land Surveyor #5721 State of Florida CITY OF TAMARAC INTEROFFICE MEMORANDUM (01-042) CITY ATTORNEY TO: Marion Swenson, City Clerk DATE: February 21, 2001 FROM: Marilyn Carpenter, Legal RE: Agreements for Public Utility Assistant Easement from Lauderhill — NW f , 44t" Street; Our File: A99-070 Temp Reso. No. 9292 Attached please find two (2) original copies of a Public Utility Easement Agreement for NW 44t" Street, which pertain to Temporary Resolution No. 9292 and should be executed upon approval of the resolution. Also enclosed is a letter from Attorney Craig Eakin indicating the two executed originals should be forwarded to him; after which he will record same in the Public Records of Broward County and forward one original to the City of Lauderhill and one original to the City of Tamarac, for our respective files. Thank you for your attention to this matter. me Attachments OVUVAvi OGA1303d -b Wd I Z 831 Wa City of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Office of the Telephone: (954) 724-1200 • Facsimile (954) 724-1212 City Clerk March 2, 2001 W. Craig Eakin, Esq. Attorney at Law 2900 East Oakland Park Boulevard Fort Lauderdale, FL 33306 RE: Agreements for Public Utility Easement from City of Lauderhill — NW 44th Street — City of Tamarac Resolution No. R-2001-41 Dear Mr. Eakin: Pursuant to your letter of January 25, 2001, enclosed please find two (2) originals of the Public Utility Easement Agreement for NW 44th Street which have been fully executed on behalf of the City of Tamarac, following approval of Resolution No. R-2001-41. Upon receipt of the agreements, you will record same in the Public Records of Broward County and forward one original to the City of Lauderhill and one original to the City of Tamarac, for our respective files. If you have any questions, do not hesitate to contact the City Clerk's office at (954) 724-1200. Enclosures AS Respectfully yours, Marion Swenson, CIVIC City Clerk Equal Opportunity Employer