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Home My WebLink AboutCity of Tamarac Resolution R-2001-0841 1 Temp. Reso. #9325 March 21, 2001 1 CITY OF TAMARAC RESOLUTION NO. R-2001-84 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 THE HERGENRADER FAMILY TRUST, FOR THE 7-ELEVEN PROJECT, LOCATED ON THE NORTHWEST CORNER OF COMMERCIAL BOULEVARD AND NW 79TH AVENUE, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEMS; 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 7-Eleven Project, located on the northwest corner of Commercial Boulevard and NW 791h Street (a copy of which is attached hereto in map form as "Exhibit 1 ") was approved by City Commission on October 27, 1999; and WHEREAS, the development of the 7-Eleven Project requires the installation of the Water Distribution and Sewage Collection Systems; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution and Sewage Collection Systems required to serve the 7-Eleven Project; and Temp. Reso. #9325 March 21, 2001 2 WHEREAS, The Hergenrader Family Trust, 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 7-Eleven 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 The Hergenrader Family Trust, forthe 7-Eleven Project, required for the installation, maintenance and operation of the Water Distribution and Sewage Collection Systems. 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 The Hergenrader Family Trust, for the 7-Eleven Project, located on the northwest corner of Commercial Boulevard and NW 791h Avenue, 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. #9325 March 21, 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 25' day of April, 2001. ATTEST: MARION ` WENSON, CMC CITY CLERK I HEREBY CERTIFY that I ha pprbved)his RS m.2s MITCHELL S. KR,& CITY ATTORNEY TR/DM/db c. JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER C-Z� DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN� D1IST 3: V/M SULTANOF C� DIST 4: COMM. ROBERTS EXHIBIT 1 TEMP. RESO. # 9325 y y y y y y GW TEXAC❑ y W y y y y W CONC❑ D VILLAGE BANK WOODLAND LAKES y y y . y y Y y `W❑❑ + y y y . y y UNIVERSITY y y v y y W y y y 'V LA y y W y y y y y y \ y y y TS, y y y y y y COMMONS \, v \ �\ y SANDS P❑INT ^y y y y y y \\\\ y y r W W Lll''VV 4 BELLE C�L❑Ny W \ y TERRE \• y OF•\ \\\ Q�� V N� Cy TAMARAC \N\ i \\ y ERSAILLEs (� y y y 0. y \\ Y GARDCNS y V' \ P y \.N\ y \N y 2Z CAMAO y �\ \\\\\��\\ \\�\\�\\\��\ \ y J y y \\ y \. UNI V, y y -� S. COLONY CIR. y X� SH❑PPES . y O y R❑KEST y\ °a y �\��\ y & LAGOS y APTS, y y y \\\\. y ❑FCS, y y y y Y y y y y y y i y y y EDGE EGAN y W y y y y \ y y y y GOLF COURSE, y y y y A LAND SEC, 9� PLAT �. y y w \ N\\ w FAIRVIEW DR FAIRWAYS \��\�\\\\ \ \� W w REEN IL1 AGE co 69 ST 62 CT j WATER SQUARE g THUMB • ./ i %� i i ' PLANT � 59 PL /` ' i / E �jn �? E�FlISLEST ¢ �� 61 ST 61 ST 59 CT ¢ _ j ¢ (EDGEW TER) r CURTIS cl)MAINLAND 59 ST °D /� ¢ w 3 ¢ FIELD NATI❑NS UNIT 13 i i m 00 w PLAT BANK j%/jj%/j%% WATERSIDE 60 ST 58 P MAI L NDS,; a uj 58 CT a i/CD oj UN m 58 HEARTLANDS o a CT co / TAM❑ARAC MIDWAY PLAZA aW Ln BLOCK oO 9L �� ¢ / BUSTER GREENHA N 57 PL co ¢ j BIG LOTS 12 FAIRiAVEN cn 7 co/, 0� UNITED B❑ST❑N PLAZA co ¢ co % STATES CHICKEN r 57 CT 57 CT %/ POST z NW 57TH ST OFFICE ,�, ra LLJ > SITE Hd'� ~ UZ AQ (L1 �Q �� ND UJ p ¢Q vw0 � qW w� m LOCATION N< as 'y' ¢LL' a �� U � E U Pq U CK J ~ L) G1 GC7MMERCIAL�BLVD. LAUDERHILL 7-Eleven.DWG 7-ELEVEN WATER AND SEWER UTILITY EASEMENT Exhibit 2 TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: 7-Eleven at Commercial and 79t', Tamarac, Florida NAME OF PROJECT On this J'I__ day of _, 20 od , that_ by L. RALPH HERGENRADER AND MARGUERITE H. HERGENRADER AS TRUSTEES OF THE HERGENRADER ILY TRUST UNDER AGREEMENT DATED MARCH 22, 1990 having an address of 61576 LONGVIEW STREET BEND OREGON ,`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 88`" 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 that portion owned by Grantor 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, and for other comparable public utility purposes. Grantee's right to utilize the Easement Area shall be non-exclusive , provided however, Grantor shall grant no easement of license, nor make any covenants, having the effect of permitting use of the easement area by any other utility other than Grantee, except grantor may furnish and easement to Florida Power and Light, Bell South, Sunrise Gas, or franchised cable TV that crosses this easement at right angles. Grantor reserves, for its own purposes, to utilize the Easement Area as it may deem fit; 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. Grantor grants tothe 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. This easement is not intended to nor will it create any rights in the general public for Ingress/Egress, utilities or any other matter granted herein to Grantee. It is acknowledged that Grantor, or its successors, intends to construct improvements upon the above -described the Servient Estate , and nothing contained herein shall be deemed to prohibit or restrict Grantor or its successors from redeveloping its Servient Estate site and/or constructing any buildings or improvements upon the property, subject only to the requirements of controlling governmental authority, and the easement created hereby shall be subject to such improvements as are constructed and shall be used by Grantee in a matter which is consistent with the buildings and improvements constructed on Servient Estate and which, to the extent possible, will not unreasonably interfere with and will minimize interference with and will be compatible with the construction and use of said Servient Estate . 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 Country, 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. VA IN -WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. r Witness By: Type Name Ch REA t 0r STATE OF FLeMEK COUNTY OF SS (GRAN R) By: Type Name L. RALPH HER ENRADER AS TRUSTEES OF THE HERGENRADER FAMILY TRUST UNDER AGREEMENT DATED MARCH 22, 1990 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 L. RL, to me known to be the person(s) described in and who executed tHe foregoing instrument and e— acknowledged before me and under oath that �,,_ executed the same. 20 D� ITNESS my hand and official seal this day of , OFFICIAL SEAL CARRI MILLETTE NOTARY PUBLIC-OREGON COMMISSION NO, 332637 LMYQMMIS510N EXPIRES MAR. 15 2004 ( ) Personally known to me, or ( ✓fProduced Identification NOTARY P C, State of is d at Large CLk—M (Name of Notary Public: Print, Stamp, or type as Commissioned) " QL�� . l.� . Type Bf I.D. Produced ( y-IJID take an oath, or ( ) DID NOT take an oath. 981208 Blanket Public Safety Ingress/Egress Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Witness By: Type Name CA STATE OF FL A \ SS COUNTY OF (GRANTOR) By. Type Name MARGUERIT ". HERGENRADER AS TRUSTEES OF THE HERGENRADER FAMILY TRUST UNDER AGREEMENT DATED MARCH 22 1990 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 N - to me known to be the person(s) described in and ho executed the Mregoing instrument and acknowledged before me and under oath that execute the same. WITNESS my hand and Actal—seall this day of , 20 OFFICIAL SEAL CA RI MII.1.1=E NOTARY PUBLIC-qR1EIGON COMMISSION Nq. 382637 MY CpMMISSlQN5 MAR, 15 2004 eta.. ( ) Personally known to me, or (�oduced Identification ( `T-YKID take an oath, or ( LL— (Name of Notary Public: Print, Stamp., or type as Commissioned) &Z 1:>'-L Type of PD. Produced ) DID NOT take an oath. 981208 3 Blanket Public safety Ingress/Egress Easement 1 W IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swenson, CMC Interim City Clerk STATE OF FL-Of�IDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe reiber Mayor Date: / Jeffery L. iller City Manager Date: �(-,-7- 6 / as to Mitctibll`S. Kraft, City Attorney W COUNTY OF de0,W4j* 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 me known to be the person(s) described in and who executed the foregoing instrument and 24acknowledged before me and under oath that executed the same. SS WITNESS my hand and official seal this ,17 7� day of e.<I 200J .� L MU A Al (personally known to me, or ( ) Produced identification (jAt. e 2t` - NOTA Y 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 981208 rd IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST - By: .- Type Name BxYAN GROSSCUP Corporate Secretary (Corporate Seal) STATE CaF e G: SS COUNTY OF MORTGAGEE Type Name iilliam-R.Schm Me President 2nd Vice President 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 (j)jlitim T to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that he, executed the same. WITNESS my hand and official seal this �' day of u , 20LL. GENERAL NOTARY-Stateat Nebraska III )ppNNEN� PP. . MASLEY My Comm. Exp. Sept.16, 2000 ( ) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of U at Large j6CAnvie- P (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. 981208 5 Blanket Public Safety Ingress/Egress Easement ELEI/EN 'J a LCCA TION 3288 LEGAL DESCRIPTION : All of Lot 1 and portion of Lot 2, ' SUBD/�/SION, •-accordin Bock 6, L YQNS COUMERC/AL Book *6`9, Poge 42, of the Pubti of t hereof, p s record In P/ot Florida, subject to on easement in cord$ of Broward County, Page 938, `Broward County Records, Q/ong Records Book 6786, Bou/evprd and being more fully descr/bed as follow, ommerc, BEG/�l/V/NG o f the Northwest corner of said Lotr • 90'00'00" East on the North line of sold �% thence North 175.44 feet to a point of curve; . thence S the s distance of to the right having a radius of 25.00, feet aad aterly on a curve 88 58 28 ; °n arc distance of 38.82 feet to 0 of central angle 0/- then' e- South-0101'32" Eost on Easter/y line o � nt °f tangency distance of 250.04 -feet to a pad _Lot 1, a on o cur► to the right having o rod"us ,2cur50 thence Southwesterly angle of 91'Q132" 0 feet and a central on arc distance of 39.72 feet to o point of tangency, thence South _90'00'00" West on the Lots 1 and 2, a distance of 179.91 feet; (hence South line of said West on a line 106. S9 feet Eost of andparallel North Q0.00'00" Of said Lot 2, o o'Istance of 300. 00 fee to with the {Pest line BEGINNING. the POINT" of - Sold /ands• situate, /yr`ng and being - 'County' Florida, and containing 60 535tsqua to fee Tomorac, Broward more or leSs, t dr 1.3897 acres o O N, Sa wain j e LOT I R K- I b 4o T' �a� Aft=a 53 0 "0 r- MEST LINE OF LOT 2 M 4 I . 1 N y 'M, a y e x a � b x � � �y I \ u b I 6., RI pFm EAST LINE OF LOT I i •i u • 'mil I�� ,,, •'•:�"'�"/ Mq IN '� /// Ss �MEST R/W [UrE p � III � arror�E �y3�z�►' 1 � ry1 f • �� r-I O' ASPHALT PA VtNG N. W. 79th $ P- �� 2 IA A EMI AM �i 4IL �4 'WA 53.0' ___ cnwanr wux t dreir...�:... I''a 4 Yd P'A'a • d/ii[R t3 �u "�8. w�q�d�rx. 4i_nl�i ❑ tl AVENUE EXHIBIT A McLAUGHLIN ENGINEERING COMPANY Exhibit B LB#285 ENGINEERING • SURVEYING • PLATTING + LAND PLANNING 400 WE, 3rd AVENUE FORT LAUDERDALE, FLORIDA 33301 AL PHONE (954) 763-7611 • FAX (954) 763-7615 SCALE 1 " = 80' _j l.� NX 57#h STREET Q f` CV 00 9 8 9 6 5 4 3 2 yr 1 1— 00 SKETCH AND DESCRIPTION COMMERCIAL BOUL D FIRE LINE EASEMENT , Z Z A strip of land 15.00 feet wide, over across and through a portion of Lot 1, Block 6, LYONS COMMERCIAL SUBDIVISION, according to the plat thereof as recorded in Plat Book 69, Page 42, of the public records of BToward County, Florida, and lying 7,50 feet on each side of the following described centerline: Commencing at the Northeast corner of Lot 2, of said Block 6; thence South 00°00'00"East on the North line of said Lot I, a distance of 100.00 feet to the Point of Beginning of the herein described centerline; thence South 00100'00"East, a distance of 17.50 feet; thence South 90°00'00"East, a distance of 20.00 feet to the Point of Termination of the herein described centerline. N.W. 57th STREET POINT OF COMMENCEMENT o i S NORTHWEST CORNER LOT 2 (La 100 00' in _ �..R - 5 9�0'O.C1� --•� L NNORTH LINE POINT OF LOT ' TERMINATIDM g 20 00' 25.00' r` S 90'00'00" E CW 1 0 N LOT 1 W H^ I a. G , Ln ROAO� 40•00rad�W, SOUTH LINE ' I LO TS k 2 . $ gl M � ul it 0 W Z J V1 Q W 00' I6� i LLJ Z Q n s 91'01'32' R 2500 L 134,Z54, WEST COMMERCIAL Lt NOTES, 8f ' ILEVARD (1) THIS IS NOT A SURVEY (2) This sketch reflects all easements and nghts-of•way as shown on the above referenced plat The sublec'i property was not abstracted for other easements, road reservations or nyhts-of-way of record by McLaughlin Engineering Co. (3) Description prepared by McLaughlin Engineering Co this 8 th day of&,v420% and does not Infer tlfle or ownership. (4) Bearings are assumed and refer to South04U'00' E&A for,lheAlotk line of Block 6.'. (5) THIS DRAWING IS NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL t F rN I ) ELEV.. ELEVATION r o/s— OFFSET CERTIFIED CORRECT. W/MCL CAP- MATH MCLAUGHLIN ENGINEERING CO CAP - CENTERLINE OF RIGHT-OF-WAY F.P,L.+ FLORIDA POWER AND LIGHT CO Dated at .Fo•t Lauderdale, F10000. this IOth day of August. 2000, 5 9 T . i0UTF1ERH YELL TELLP HONE BC.R.• BROWARD COUNTY RECORDS MCLAUGHLIN RNONFERING COMPAM D.C.R.• DADE COUNTY RECORDS O.R... OFFICIAL RECORDS BOOK PC .• PACE R/W. RIGHT-OF-WAY PO.C.• POINT OF COMMENCEMENT � AP,L E. ALSAP_Kr5i5N P O.B.- POINT OF BEGINNING Registered Land Surveyor NU. Wy ra State of Florido FIELD BOOK NO. PRINT DRAWN BY: JOB ORDER No. T-4051 E: \SUR\ T4021.bWC CHECKED BY: