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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-0691 Temp. Reso. #9311 March 12, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- � 9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A "TAMARAC WATER AND SEWER UTILITY EASEMENT" WITH ORITT TRION WOODMONT, LTD., FOR THE WALGREENS AT WOODMONT SHOPPES PROJECT LOCATED ON THE SOUTHWEST CORNER OF UNIVERSITY DRIVE AND NW 82"d STREET, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS; 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 Site Plan for the Walgreens at Woodmont Shoppes Project located on the southwest corner of University Drive and NW 82"d Street (attached hereto in map form as "Exhibit 1 ") was approved by the City Commission on October 13, 1999; and WHEREAS, the development of the Walgreens at Woodmont Shoppes Project requires the installation of the Water Distribution and Sewage Collection System Improvements; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution and Sewage Collection System Improvements required to serve the Walgreens at Woodmont Shoppes Project; and Temp. Reso. #9311 March 12, 2001 2 WHEREAS, Oritt Trion Woodmont, Ltd., as the owner of the property, has offered the "Tamarac Water and Sewer Utility Easement" for water mains, water services, fire hydrants and sanitary sewers; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Walgreens at Woodmont Shoppes 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 Oritt Trion Woodmont, Ltd., for the Walgreens at Woodmont Shoppes Project, required for the installation, maintenance and operation of the Water Distribution and Sewage Collection System Improvements. 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 Oritt Trion Woodmont, Ltd., for the Walgreens at Woodmont Shoppes Project located on the southwest corner of University Drive and NW 82"d 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 Agreement in the Public Records of Broward County. Temp. Reso. #9311 March 12, 2001 3 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 11'h day of Ap il, 2001. JOE SCHREIBER MAYOR ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I I re ipproved lbis , J MITCHE S AFT l CITY ATTORNEY RG/DM/mg RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS EXHIBIT 1 TEMP. RW0. # 9 311 C14/CYPRESS CREEK CANAL VETERANS' PARK /// SOUTHGATE BLVD + W y ©UTWH&ATF B, y y W y 85 CT L�.Sy w W W y y y DON I S❑UTHGATE GARDENS Sr c rCAtk y w y w CARTER"S CHEVRON y TR 0 y y A 84 ST 84 ST r~ W Li ZLi TARGET W Q W / z TR48 // y W w w W y W w ] W U W W y w w w AM❑C❑ >a y y w jjj y y y w .t 0 y L� f 1f7 n y TR51 y BANK 7 Y $� w N.AMER, ¢ y W y/ CASSIA y y 82 ST Q °q CT r�' W❑❑DM❑NT TR53 /'. �Gi y SH❑PPE WALGRiE w c7 n P� CpCY``vW`�y11I Q Y9� �i�V y 4< 3dN v V� A w yIII — Z =a n y y S� A K ST $ W S G y 0aavi L CATIO 81 ST w U Q GQ 80 CT n •/% TR54 y y 1u JL TR74 W z a 4 � m 7 Q N n 80 PL 80 ST oQ n 80 ST w ~,4 Z W Li Q Q 79 ST �v n a TR56 > o CD 78 CT LJ MCA 79 ST ND S E 3 -, ON n z co � L STATES OD 78 �T 78 PL n °q w ~ a 78 ST THE CENTRE J Li Li cu J W❑❑DM❑NT NY u n 78 ST 77 ST P R D jj 77 TAMARAC 7 ELEM ¢ La r- / 76 SCHOOL !j 76 DR 76 CT / n TAMARAC / /PARK S,BELL ry- 76 ST FF & D � 76 ST TOWN /j PLAZA U" n ] n v 7 7 a 75 ST WALGREENS_UNI V-82,DWG WALGREENS AT WOODMONT SHOPPES WATER & SEWER UTILITY EASEMENT "EXHIBIT 2" TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Shoppes of woodmont NAME OF PROJECT � day Apo / On this �y of that oritt/Trion WoodmDnt, Ltd.. having an address of 5310 N.w 33rd 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.?,oj�e eKJu7t jtdoes Vor perm4nenYy a-f fe t Gramie,-s va- d 'fY'a''kwj. 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. 980605 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, a in no event, shall any of the rights herein reserved to Grantor impede the easement a 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 nonexclusive 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 i 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. LI 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. ATTE 0 GRANT Ori t ion Woodmont, Ltd. By: T . , Inc., General Partner Type flame Kenn _ r T_ RarhPr _ Corporate Secretary (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF BRUgAM LIM Ken#ieth T. Barber, President Type NaVJme 6A 07- m T, r President 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 Kenneth T. Barber 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 .2Ce day of j6A KL , 20ADt_. mac, sung ,r MY COMM" CC94M EXPIRES June 26, 2004 BVNOFH THRU TROY FAIN INSURANCE, INC, ( Personally known to me, or ( ) Produced Identification NOTARY PUB IC, State of Florida at Large M (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 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: Marion Swenson, CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By�W-r- ✓1 �i Joe Schreiber Mayor -� Date: 4'r 1`e) _ n �Py. effrey L. ille City Manager Date: �4-/S' — o / •.r12rM MitcheIrS. Ki City Attorney COUNTY OF &P404b : 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 .r ji- FRS L. Ali me known to be the person(s) described in and who executed the foregoing instrument and Ile g acknowledged before me and under oath that executed the same. ILS6 WITNESS my hand and official seal this If day of XPiel L 20 t91 . ( "Personally known to me, or ( ) Produced identification 12, )-� NOTAP$PUBLIC, State of Florida at Larae OFFICIAL NOTARY5 , JUNE A WHrrE JNOTARY PUBLIC STATE OF FLORIDA COMMLSSION NO. CC775720 (Nam amp, 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. �. ATTEST: By. Type Name osG (c-ef Pr-e-5«Le tf (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF N C)p-. 1 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 AVLh one nl �G _ to me known to be the person(s) described in and who executed the foregoing instrument and _acknowledged before me and under oath that 'h e-, executed the same. WITNESS my hand and official seal this 5— day of ALICIA VON SC mcH MY COMMISSION N CC 816052 �' = EXPIRES: March 9, 2003 %? � nq•` ` Banded Thru Notary Public Unavi-here Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at LarrggLe / 0 / f j I "r Lt . t /!) (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 " EXHIBIT A " SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. P 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 E—MAIL: pulice®ix.netcom.com LEGAL DESCRIPTION: A PORTION OF PARCEL "A", "PORTOBELLO", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 132, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL "A"; THENCE NORTH 89 DEGREES 47 MINUTES 44 SECONDS EAST ON THE SOUTH LINE OF SAID PARCEL "A", A DISTANCE OF 30.00 FEET; THENCE NORTH 00 DEGREES 12 MINUTES 16 SECONDS WEST ON THE EAST LINE OF THAT 30 FOOT SANITARY SEWER AND UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 14706, PAGE 585 OF SAID PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES 12 MINUTES 16 SECONDS WEST ON SAID EAST LINE OF SAID EASEMENT, A DISTANCE OF 18.00 FEET TO THE INTERSECTION WITH A LINE LYING 48.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 89 DEGREES 47 MINUTES 44 SECONDS EAST ON SAID PARALLEL LINE, A DISTANCE OF 390.00 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 16 SECONDS EAST, A DISTANCE OF 18.00 FEET TO THE INTERSECTION WITH A LINE LYING 30.00 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE OF PARCEL "A"; THENCE SOUTH 89 DEGREES 47 MINUTES 44 SECONDS WEST ON SAID PARALLEL LINE, A DISTANCE OF 390.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND CONTAINING 7,020 SQUARE FEET (0.1612 ACRES), MORE OR LESS. NOTES: 1.) THIS SITE LIES IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA. 2) BEARINGS ARE BASED ON THE SOUTH LINE OF PARCEL "A", "PORTOBELLO" BEING N89°47'44"E. 3.) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. FILE. TRION VENTURES, INC. SCALE- N/A ORDER NO.: 40738 DATE: JANUARY 05, 2001 18' UTILITY EASEMENT NW 82ND STREET, TAMARAC, FL WALGREEN CO. SHEET 1 OF 2 SHEETS John F. Pulice, Reg. Land Surveyor #2691 Beth Ann Shields, Professional Surveyor and Mapper LS6136 State of Florida " EXHIBIT B " SKETCH AND LEGAL DESCRIPTION BY POLICE LAND SURVEYORS, INC. �$ 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 E—MAIL: puliceOix.netcom.com Q U Q a z J G c- N.W. 82ND STREET FBI Zo � N Q r F J o F F I W O Y 2 O w W m w PARCEL "A" a I o "PORTOBELLO" I z PLAT BOOK 132, PAGE 43, BROWARD COUNTY RECORDS � � J �_j I Q U I yaj O Q ') M 4 O o O � a0 00 �I w I � (D �, I ? N89'47'44"E 390,00' U' FILE-, TRION VENTURES, INC. SCALE: 1'm80' ORDER NO.: 40738 DATE, JANUARY 05, 2001 18' UTILITY EASEMENT NW 82ND STREET, TAMARAC, FL FOR- WALGREEN CO. w 0 F- U) Z D SHEET 2 OF 2 SHEETS John F. Pulice, Reg. Land Surveyor #2691 Beth Ann Shields, Professional Surveyor and Mapper LS6136 State of Florida