HomeMy WebLinkAboutCity of Tamarac Resolution R-99-1271
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Temp. Reso. #8605, February 26, 1999 1
CITY OF TAMARAC
RESOLUTION NO. R-99- �a
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 BUTTERS CONSTRUCTION, FOR THE
CULLIGAN WATER COMPANY PROJECT, LOCATED ON
THE EAST SIDE OF HIATUS ROAD SOUTH OF NW 67"
STREET, TO ALLOW LEGAL ACCESS BY CITY UTILITY
PERSONNEL FOR INSTALLING, MAINTAINING, AND
OPERATING THE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEMS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Site Plan for the Culligan Water Company Project, located on the
east side of Hiatus Road south of NW 67t' Street (attached hereto in map form as "Exhibit
1 ") was approved by City Commission on January 27, 1999; and
WHEREAS, the development of the Culligan Water Company 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 Culligan Water
Company Project; and
Temp. Reso. #8605, February 26, 1999 2
WHEREAS, Butters Construction, as the developer 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 Culligan Water Company 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 Butters Construction, for the Culligan
Water Company 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:
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: That the appropriate City Officials are hereby authorized to
accept and execute a "Tamarac Water and Sewer Utility Easement" (attached hereto as
"Exhibit 2") with Butters Construction, for the Culligan Water Company Project, located on
the east side of Hiatus Road south of NW 67`h Street, to allow legal access by City Utility
Personnel in performing their duties, including utility installation, maintenance and
operation.
SECTION 3: That the City Clerk is hereby authorized and directed to record
said Agreement in the Public Records of Broward County.
1
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Temp. Reso. #8605, February 26, 1999 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 day of ,
1999.
ATTEST:
CAROL dbLD, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
aaoreved this RESOLUTION as
MW/krs/mg
MITCHIELL KRAFT
CITY ATTORNEY
1�1-� '
Cl JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M MISHKIN
DIST 3: COMM,
St,N, A NOR
DIST 4: comm. �
EXHIBIT 1
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"' U'LLIGAN WATER �'OMPANY
WATL'x: AND SEWER UTI-I-. TY EASEMENT
CULLIGAN.DWG
"Exhibit 2"
•
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR: Culligan Water Company
NAME OF PROJECT
On this -L'day of 199 that Butters Construction
having an address of 2005 W. Cypress Creek Road Suite 202 Ft.
Lauderdale, Florida 33309, 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.
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,
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 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.
•
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.
Witness
Type Name Melissa Grant
fitness
Type Name Kurt schoenfelder
STATE OF FLORIDA
SS
COUNTY OF 3ko ullq--�L�,;
(GRANTOR
Type Name/Title Sam Butters/General Partner
Type Name/Title
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 q 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 _ 46- executed the same.
WITNESS my hand and official seal this " day of /1?Ag 1-t
199�. ...
( ✓j Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC. Stale of Florida
at Large w F1p TERESA PA. KELSON
p My Comm Exp. 10/28/2001
N PUBLRC a Bonded By Semet Ins
^� o.CC691871
(Name of Not ,
or type as Commissioned)
Type of I.D. Produced
0 ( ) 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:
s y: '— _ -J 19-t
Rob S. Noe, Jr.
City Manager
ATTEST:
By:
Carol Gold, CIVIC IkE
City Clerk
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe S-Zhreiber
Mayor
Date:: �.
By: kk I ) 'f I
RobVWS. Noe, Jr.
City Manager
Date:
Z.s
By:
STATE OF FLORIDA Mitc ell S. Kraft,
SS City Attorney
COUNTY OF - rOt JIVi :
HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afor aid and in the ounty aforesaid to take acknowledgments, personally appeared
� cf- wu'der, ¢ ,_Q6&V-S &��t6�me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me and
under oath that lud executed the same. '
WITNESS my hand and official seal this day of
199�_. elf
( personally known to me, or
( ) Produced identification
NOTAe PUBLIC, State of Florida
at La
MRMNUFAMEAL
JUNK A WI-17iE
NUrARY PUBLIC SPATE OF FLDRMA
COI► MSMON NO. CC775M
sEnls
(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
I, Sam Butters do hereby affirm that I am the cenQral Partner
of Butters Construction and that I have executed a Tamarac
Utilities Water and Sewer Easement with the City of Tamarac for —Culli-cfan Water
�CmmiDanV _ project 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.
FURTHER AFFIANT S Y H NOT.
(Signature)
This 9th day of March , 199 9.
STATE OF FLORIDA
: SS
COUNTY OF AXW,01-6
• 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 tk &VT —
to me known to be the person(s)
described in and who executed the foregoing instrument and _acknowledged
before me and under oath that #E executed the same.
WITNESS my hand and official seal this -�11 day of
199_1_.
( /Personally known to me, or
( ) Produced Identification
a 4LL��
NOTARY PUBLI State of Florida
at Large pf F� TERESA M. KELSON
le �� TARY o My Cmnm EV 10/28/2001
N PUBLIC ' 6ondw By Service Ins
(Name o I rc". mp,
or type as Commissioned)
Type of I.D. Produced
I* ( ) DID take an oath, or ( DID NOT take an oath.
980605 5 Water and Sewer Utility Easement
LEGAL DESCRIPTION
A portion of Parcel "B" , S & N PLAT, according to the
plat thereof, as recorded in Plat Book 154, Page 38 of
the public records of Broward County, Florida, more
fully described as follows:
Commencing at the Southwest corner of
said Parcel "B";
thence North 89°23'12" East on the South line of said
Parcel "B", a distance 29.90 feet to the
Point of Beginning;
thence continue North 89°23'12" East on
said South line,
a distance of 236.49 feet; thence North
01 °04'45" West,
a distance of 253.34 feet; thence South
89°26'31" West,
a distance of 364.05 feet to a point of
curve; thence
Southeasterly on said curve to the left,
with a chord bearing
of South 27°40'40" East, having a radius
of 902.00 feet
and a central angle of 18`10'22", an arc
distance of
286.08 feet to the Point of Beginning.
Said lands situate, lying and being in the City of Tamarac,
Broward County, Florida, containing 78,263 square feet, or
1.7967 acres more or less.
Exhibit "A" 111811
r 'cLAUGHLIN ENGINEE:' NG CO. IL11, a;851
iephone (954) 763-76I1 . Telj.,-opier (954) 763-7615
400 N. F. Third Avenue, Fort Lauderdale, Florida33301
Lngineering . Surveying . P12ttiug . Land Planning
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SOUTH LINE PARCEL. "B"
P.O.C. S.W. CORNER
PARCEL "e"
SKETCH AND DESCRIPTION
WATERLINE EASEMENT
A portion of Parcel "B', S & N PLAT, according to the plat thereof recorded in Plat Book 154, Page 38, of the public records of Broward
County, Florida, more fully described as follows:
Commencing at the Southwest comer of said Parcel "B'; thence North 89°23'12" East, on the South line of said Parcel "B', a distance of 74.99
36
feet to the Point of Beginning; thence North 00''48' West, a distance of 25.84 feet; thence North 32142'29" West, a distance of 109.19 feet;
thence North 24°55'17" West, a distance of 50.60 feet. thence South 65°04'43' West, a distance of 16,79 feet; thence North 24°55'17' West, a
distance of 3.55 foot. thence South 65004'43" West, a distance of 18,61 feet; thence North 24°55'17" West, a distance of 9.64 feet thence South
65°04'43" West, a distance of 21.03 feet to a point on a curve; thence Northwesterly on a curve to the right, whose radius point bears North
64°27'27 East, with a radius of 902.00 feet and a central angle of 01'26'37", an arc distance of 22.73 feet thence North 65°58'56" East, a
distance of 14.31 feet thence South 24°55'17' East, a distance of 7.50 feet; thence North 65°04'43' East, a distance of 42.08 feet; thence North
24°55'17' West, a distance of 54.49 feet; thence North 20°04'43" East, a distance of 14.76 feet; thence North 89°26'31" East, a distance of 43.00
feet; thence South 00146'45" East, a distance of 9.30 foot thence South 89°26'31' West, a distance of 30.51 feet; thence South 20°04'43' West,
a distance of 4.26 feet; thence South 24°55'17' East, a distance of 126.04 feet; thence South 32°42'29" East, a distance of 75,08 feet; thence
North 57°17'31' East, a distance of 14.39 feet; thence South 32040'14' East, a distance of 10.00 feet. thence South 57°17'31" West, a distance
of 14,38 feet; thence South 32142'29' East, a distance of 27.40 feet thence South 00°36'48' East, a distance of 15.16 feet; thence North
89123'17 East, a distance of 175,39 feet; thence South 01°04'45" East, a distance of 15.00 feet; thence South 89°23'12' West, on the said South
line of Parcel "B', a distance of 190,51 feet to the Point of Beginning.
Said land situate, lying and being in the City of Tamarac, Broward County, Florida.
Certified correct. Dated at Fort Lauderdala, Florida, this 19th day of April, 1999.
NOTES: hicLAUGHLIN ENGINEERING CO.
(1) THIS IS NOT A SURVEY. f
(2) This sketch reflects all easements and rights -of -way as shown on the above referenced plat.
The subject property was not abstracted for other easements, road reservations or rights -of- erald A. Mc aughkif
way of record by McLaughlin Engineering Co. Registered Land Surveyor No. 5269
(3) Description prepared by McLaughlin Engineering Go. this 19th day of April, 1999, and does State of Florida
not infer title or ownership.
(4) Bearings rotor to the plat of S & N PLAT, 154138.
(5) THIS DRAWING IS NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL.
LEGEND:
P.Q.B.=Point of Beginning, P O.C.= Paint of Commencement, S.W.=Southwest, R=Radius, D=Central Angle (Delta), A=Arc, -Centerline.
IUD BOOK No. _ N/A
W it � ./ T _ DRAWBY
JM ORDER NO. - I lD CIIEC"D BY - -
MCLAUGHLIN ENGINEERING CO. 7L 8, 112851
Telephone (954) 763-7611 . Telecopier (954) 763-7615
400 N. E, Third Avenue Fort Lauderdale Florida 33301
]engineering . Surveying . Platting . Land Planning
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LOCATION MAP
P.O.C. S.W. CORNER NolioScale
PARCEL "B"
F- -I
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SKETCH AND DESCRIPTION
SANITARY SEWER EASEMENT
A portion of Parcel "B', S & N PLAT, according to the plat thereof recorded in Plat Book 154, Page 38, of the public records of Broward
County, Florida, more fully described as follows:
Commencing at the Southwest comer of said Parcel 'B`; thence Northwesterly on the West line of said Parcel "B', and on a curve to the right,
whose radius point bears North 51°57'31' East, with a radius of 697.00 feet and a central angle of 09104'22", an are distance of 110.37 feet;
thence North 61044'15" East, a distance of 26.69 feet to the Point of Beginning; thence continuing North 61°44'15" East, a distance of 5.73 feet;
thence North 81012'23" East, a distance of 75.15 feet: thence North 09°51'05' West, a distance of taN feet; thence South 81112'23' West, a
distance of 78.21 feet thence South 61°44'15" West, a distance of 9.19 feet to a point on a curve; thence Southeasterly on a curve to the left,
whose ra[tus point bears North 62°17'10" East, with a radius of 902.00 feet and a central angle of 01°16'14", an arc distance of 20.00 feet to the
Point of Beginning.
Said land situate, lying and being in the City of Tamarac, Broward County, Florida.
Certified correct. Dated at Fort Lauderdale, Florida, this 19th day of April, 1999,
NOTES:
(1) THIS IS NOT A SURVEY.
MCLAUGHLIN ENGINEERING CO.
(2) This sketch reflects all easements and rights -of -way as shown on the above referenced plat.
The subject property was not abstracted for other easements, mad reservations or rights -of-
raid A Wl-a ghl
way of record by McLaughlin Engineering Co.
Land Surveyor No. 5269
(3) Description prepared by McLaughlin Engineering Co. this 19th day of April, 1999, and does
StateofFlnda
not infer title or ownership.
(4) Bearings refer to the plat of 5 & N PLAT, 154/38.
(5) THIS DRAWING IS NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL
LEGEND:
P•O.B.=Point of Beginning, P O.C.= Point of Commencement, S.W.=Southwest, R=Radius, D=Central Angle (Delta), A=Arc,=Cenlarfine.
,LLD BOOK No. DRAWN BY
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