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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-087Temp. Reso. #9328 March 22, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-87 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PUBLIC UTILITY EASEMENT WITH THE HERGENRADER FAMILY TRUST FOR THE 7-ELEVEN PROJECT LOCATED ON THE NORTHWEST CORNER OF COMMERCIAL BOULEVARD AND NW 79T" AVENUE; 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 development of the 7-Eleven Project located on the northwest corner of Commercial Boulevard and NW 791h Avenue (a copy of which is attached hereto as "Exhibit 1") will require the installation of various public utilities; and WHEREAS, the public utility easement is required by City Code Section 10-207 which states that recorded easements shall be provided for the installation of all underground utilities facilities; and WHEREAS, The Hergenrader Family Trust, as owners of the 7-Eleven Project have offered the "Public Utility Easement" (a copy of which is attached hereto as "Exhibit 2") for utilities; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed; and Ll Temp. Reso. #9328 March 22, 2001 2 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 authorize the appropriate City Officials to accept and execute a "Public Utility Easement" with The Hergenrader Family Trust for the 7-Eleven Project located on the northwest corner of Commercial Boulevard and NW 79'h Avenue as required for the installation and operation of various public utilities and infrastructures. 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 "Public Utility Easement' agreement with The Hergenrader Family Trust for the 7-Eleven Project located on the northwest corner of Commercial Boulevard and NW 79'h Avenue to allow legal access by public 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. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. [-I Il Temp. Reso. #9328 March 22, 2001 3 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 251h day of April, 2001. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that h pp oved thip, / FEES RG/DTM/db fo MITCHELL P./KRAFT CITY ATTORNEY JOE SCHREIBER kv MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNEIN DIST 2: COMM. MISHKINj. DIST 3: VIM SULTANOF_L DIST 4: COMM. ROBERTS EXHIBIT 1 TEMP. RESO. # 9328 y y y y y W w GW TEXAC❑ W W W y W W y y \ C❑NC❑ D VILLAGE BANK WOODLAND LAKES w w y w y W y ,Woo w w W W W w W UNIVERSITY y y v y y y W y y -V LA y w w y w w w w TS. COMMONS y y y W y y SANDS POINT W W W y y w w w w w w QN�gre W \\\ W W y W w W \\N W BELLE \N y \, TERRE OF W .\ W Q�� \\\ y \ y w V /� /� }}II N. CrR y E-RS%11LC5 w W w TAMARAC y y \\\ y GARDENS w W 4 a Li 0 CAMAS y \N \\\� w w a y \\\�\�\ W W W V \� \ - \\\\\�\�\\\� W N. J UNIV, w W F W \; LAGOS w APTS, w W S' COLONY CIR. \. 7 NN W W \N, W SH❑PPES OFCS, y EDGE W w w w w y W y y y y y y y y y w w y W w w w w w w W W y y W w 4 W W W y Y GOLF COURSE, y y y y A CL EGAN Q \\ LAND S\INEC. 9�. \� �� y y y W y PLAT u W w w W \\\\-\\ W \�� FAIRVIEW bR o �- \\• w y \ Ld FAIRWAYS \\\\\\� \\\ \\. \ \\�\\ W \\\\\\\\ \\ W v BEEN VILLAGE g ST 62 CT WATER THUMB SQUARE —b Z /. /.-/.. /% E/j/3 59 PL 3�T ISL S 7 59 CT ¢ 7 /. Q j ¢ (LDGEW TER) 61 ST CURTIS 61 S T MAINLAND � UNIT 13 59 ST a' /j o 7 w d 7 FIELD i a r 3 d NATIONS A Q con PLAT j BANK 58 P /i//ij WATERSIDE 60 ST 7i/r./ r. // MAI L NDS; Q �, . , ! 58 UN T 1�/j c� 58 ~ CT j HEARTLANDS gr� /j // co cw S CT °D I ❑ F / TAMARAC � J [F-- "'a m' j S8 ST MIDWAY PLAZA AW u') n s'<p �// 7 d %. BLOCK a,_ ©� GREENHA N 57 PL an'o BUSTER a /' BIG LOTS 12 FAIRHAVEN 11 g co a O7 % UNITED B❑ST❑N PLAZA N j STATES CHICKEN r 57 CT 57 CT / POST / OFFICE z W NW 57TH ST A z� W ZZ Q SITE ZY � W Y� mow= W � 0i LOCATION w< Q a �� W A N 7- U A U J d C1 COMMERCIAL BLVD, _ � � _ ...m LAUDERHILL 7-Eleven.DWG 7--ELEVEN PUBLIC UTILITY EASEMENT Exhibit; 2 TAMARAC PUBLIC UTILITY EASEMENT FOR: 7-Eleven at the NWC Commercial Blvd. And 79" Ave. NAME OF PROJECT 7k. AuGvsT - On this H- day of #MY_, 2000 by L. RALPH HERGENRADER AND MARGUERITE H. HERGENRADER AS TRUSTEES OF THE HERGENRADER FAMILY TRUST UNDER AGREEMENT DATED MARCH 22,1990, having an address of 61576 LONGVIEW STREET BEND, OREGON 97702, 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"), (Whenever used herein, the term "Grantor" and " Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). 1`.•/ I II&Q&*iZ3 I H] WHEREAS, Grantor is the fee simple owner of that parcel of real property in Broward County, more particularly described in Exhibit "A", attached hereto and incorporated by reference herein, (hereinafter "the Servient Estate") WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to use a portion of the Servient Estate. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS (10.00) , subject to the following provisions, and other good and valuable considerations paid by each of the parties hereto the other party, receipt of which is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as follows: Grantor hereby grants, and conveys to Grantee, its successors and assigns, a perpetual non-exclusive easement for the installation and maintenance of public utilities, 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") 2. 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. 3 3. 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. 4. This easement shall not be released or altered without consent of the Grantee as evidenced by a document signed with the same formalities as this document. 5. 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. THIS SPACE LEFT BLANK INTENTIONALLY 2 Signature page of a non-exclusive easement by and between L. RALPH HERGENRADER AND MARGUERITE H. HERGENRADER AS TRUSTEES OF THE HARGENRADER FAMILY TRUST UNDER AGREEMENT DATED MARCH 22, 1990, and the City of Tamarac. IN WITNESS WHEREOF, Grantor has hereunto set this hand and seal on the day and year first above written. GRMP B L.ER ENRA' AS TRUSTEE OF THE HERGENRADER FAMILYTRUST UNDER AGREEMENT DATED MARCH 22, 1990 STATE OF LPFC SS COUNTY OF : Witne Type nam�A k A43 KVl a W 1 1�'S �Lw_u &I _UIJ-7k&�Z Witness Type named& .,6t&L 0J j I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared L. RALPH HERGENRADER 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 (R4 day of zoo. i C OFFICIAL SEAL GINA R WHIPKEY O_ Y P BLIC, tate of QE.C-r NOTARY PUBLIC-OREGON ' at Large r COMMISSION NO.059010 g MY COMMISSION EXPIRES OCT. 30 2000 { (Vj Personally known to me, or ( ) Produced Identification (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take oath, or ( V) DID NOT take an oath. 3 Signature page of a non-exclusive easement by and between L. RALPH HERGENRADER AND MARGUERITE H. HERGENRADER AS TRUSTEES OF THE HARGENRADER FAMILY TRUST UNDER AGREEMENT DATED MARCH 22, 1990, and the City of Tamarac. GRANTOR: By. G MARGU RITE H. HERG DER AS TRUSTEE OF THE HE ENRADER FAMILYTRUST UNDER AGREEMENT DATED MARCH 22,1.990 STATE OF iLG : SS COUNTY OF � a : v Witness Type name Peter N..® Wick Witness !/ Type name Alberta M. Griffith I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared _ MARGUERITE H. HERGENRADER to me known to be the person (s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that she executed the same. WITNESS my hand and official seal this �4` day of tE,, 20_M_. �3 OFFICIAL SEAL r GINA R WHIPKEY (� NOTARY PUBLIC-OREGON t " COMMISSION NO.059010 T MY COM1M*SIO � F Y,PIRES OCTa0 2000 (I/) Personally known to me, or ( ) Produced Identification O RY P BLIC, tate of U y1 .atL ge (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take oath, or ( ) DID NOT take an oath. 4 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name b; o1 Q M RSc k1we, /P Corporate Secretary (Cwrporate Seax) i [4 (as Ka_. STA'IE OF FEE A SS COUNTY OFe MORTGAGEE: By: .... 4�� V 12mw"14 Type Name Kevin W. Hammond President Vice President Chief Investment Officer I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared KN 11) . q o n _ ____ _ 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. WITNESS my hand and official seal this ® day ofXa(ju—,,f, 2006 . j (4Personally known to me, or ( ) Produced Identification 160TARY PUBLIC, State off at Large lvl&ras�c LLIENERAL NOTARY•State of Nebraska JOANNE P. MOSLEY (Name of otary u is type as Commissioned) Type of I.D. Produced (X) DID take oath, or ( ) DID NOT take an oath. 5 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 FLORIDA COUNTY OF '25DWA-2b ACCEPTED BY CITY OF TAMARAC GRAN EE By:C . Joe eiber Mayor Date: 4-27-0 By:IP Jeffrey L. Villevr City Manager natwl'_� lA-Z7- by: Mitche S. Kraft, : SS City Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared JJ E SCHRoet-R IjECCft-,4 L- M►U,eP— to me known to be the person(s) described in and who executed the foregoing instrument and `� acknowledged before me and under oath that M" executed the same. WITNESS my hand and official seal this 20 0) . ��w�������►���vvw'vwv,ivv ( -Personally known to me, or ( ) Produced Identification ( ) DID take oath, or ( DID NOT take an oath. 27 day of "9A L , NOTARY PUBLIC, State of Florida at Large WWO ICI • U-�sN i A V4a W 5,I&L (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced E. 1n r •. �. C r Exlmrr 7` ELEVEN LOCATION 3258> . LEGAL DESCRIPTIO 11I All of Lot 1 and Port/o0 of Lot 2, B/ock 6, L YO ' SUBDIVISION, - .according to the plot thereof, o s NS COMMERCIAL hook 69, Page 42, of the Pub/ic records of Br record In Plot F/orido, subject to on easement in Officio% Records award County, Page 938, "t4ro word County Records, aloe Book 6786, Bou/evprd and being more fu//y describeogaS f COmmercio/ lows: BEGINNING of the Northwest corner of said ' 90'00 '00" Easf on the North line of said Lot 1 t, thence North 175.44 feet to o point of curve; thence Southa distance of to the right having o radius of 25.00' feet o deaster/y on a curve 885828 ; an arc distance of 38.82 feet to a a central angle of thence. South .01 @01:32" Point of tangency East on Easterly //ne of sold Lot 1, a distance of 250.0,E feet to a point of curve• • th °n o curve to the right Navin -thence Southwester/y angle Of gr D132 9 g o radius 2,�: OD feet and o cen fra/ on arc distonce of 39.72 feet to a tangency, thence South 90'Q0'QD" West on the Point of Lots 1 and 2, c distance of 179.91 feet; then "South line of said West ono line 1 D6. 89': feet EEost of and oral thence North QO pD'00" of said Lot 2, _ a -distance of 3D0.00 fee /e/ with the West line BEGINNING. to the PO/Ni OF Said lands situvte, lying and beingin the �'oun ty, Florida, and con tainin City of Tamarac, Bro word more or less• 9 fi0, 535 square feet or 1.3&97 acres 0- _ McLAUGHLIN ENGINEERING COMPANY EXHIBIT B L8#285 ENGINEERING • SURVEYING • PLATTING ' LAND PLANNING 400 N.E. 3rd AVENUE FORT LAUDERDALE, FLORIDA 33301 ds PHONE (954) 763-7611 - FAX (954) 763-7615 SKETCH AND DESCRIPTION SCALE 1 " = 80' WATERLINE EASEMENT NOTES. (1) THIS 15 NOT A SURVEY (2) This sketch reflects all easements and ngnis•of•way as shown on the above referenced plat The subject property was not abstracled for olher easements roao reservations or rights-0I•way, of record by McLaughlin Engineering Cc (3) Description prepared by McLaughlin Engine-enng Co Iris 8 Ih day ofAA-*#)2000 and does not Infer title or ownership (4) Bearings are assumed and refer to Southal0000'00' EAA for the Ala#), line of Block 6. (5) THIS DRAWING IS NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL J N.W. 57th STREET hQ � (fly µ � IS) a s 6 5 a 3 2.1 00 n z z POINT OF COMMENCEMENT g NORTHWEST CORNER LOT 2 la -^3rm POINT OF BEGINNING SKETCH AND DESCRIPTION LofS 1 r 2 WATER LINE EASEMENT A strip of land 5,00 feet lying 3.00 feet on each side of the centerline being over, under , across and through o portion Lots 1 and 2, Block 6, LYONS COMMERCIAL SUBDIVISION, according to the plat thereof, as recorded In Plot Book 69, Page 42, of the public records of Broword County, Florida, more fully described as follows: COMMENCING at the Northwest corner of Lot 2, of said Block 6; thence South 00'00'00" East, a distance of 3,00 feet to the POINT OF BEGINNING"of herein described centerline; thence South 90'00'00" East, on a line 3.00 feet South of and parallel with the North line of said Lot 1, a distance of 175,4AI feet, to a point of Curve'; thence Easterly through Southerly on o curve to the right, with a radius of 22.00 feet, o central ongle of 88'58'28 on arc distance of 34,16 feet, to a point of tF y4.�y thence South 01'01'32" East, on o line 3 00 feet west of and parallel with the East line of sold Lot 1, a distance of 243 04 feet to a point of curve; thence Southerly through Westerly on 0 curve to the right, with a radius of 22 00 feet, a central ongle of 91'01'32", on orc distance of 34,95 feet, to o point of tongency, thence North 90'00'00" west, on a line 10.00 feet North of and parallel with the South line of sold Lot 1, o distance of 35.17 feet; thence North 82'55'49"West, a distance of 65.00 feet; thence North 90'00'00" West, on a line 18.00 feet North of and parallel with the South line of sold Lot 1, a distance of 80,11 feet to the POINT OF TERMINATION(1), — N.W. 57th STREET --.. _.._ RTH LINE LOT 1 N 90'00'00" W LOT 1 I— W W Ll z WCr 3 to N eZ S�'49" W 35.17 POINT OF � o' OUTH LINE i o RMINATION (1) 21•0LOTS 1 do 2 _ Said lands situate, lying and being , the City of TAMARAC. g Broword County, Florida, M LEGEND ELEV.- ELEVATION O/S- OFFSET W/MCL CAP. WITH MOLAUGHLIN ENOINEERINC Co CAP I - CENTERLINE OF RIGHT-OF-WAY F.P.L.- FLORIDA POWER AND LIGHT CO S.B.T.- SOUTHERN BELL TELEPHONE B.C.R.- BROWARD COUNTY RECORDS D.C.R.- DADE COUNTY RECORDS O.R.- OFFICIAL RECORDS BOOK P0.- PACE R/W- RIGHT--OF-WAY P.D.C.- POINT OF COMMENCEMENT v O.B.- POINT OF BEGINNING FIELD BOOK NO. PRINT i WEST COMMERCIAL BOULEVARD CERTIFIED CORRECT W & - 91,01,32- R - 22,00' 13.00' L = 34 95' Dated at Fort Lauderdale, F icrido, this fDth day of August, 2000, McLAUGH IN LNGINEERING COMPANY r yj L>yL. E , Ll !-$� iCt•5 � rl Registered Land Surveyor No Orgy State of Florido DRAWN 9Y JOB ORDER N0. T-4051 — CHECKED BY- E: \SUR`, r4021.DWG