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Home My WebLink AboutCity of Tamarac Resolution R-99-197Temp. Reso. #8628, May 11, 1999 1 CITY OF TAMARAC RESOLUTION NO. R-99- 117 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A "TAMARAC WATER AND SEWER UTILITY EASEMENT" WITH DAVID'S CUSTOM CATERERS, INC., FOR THE DAVID'S PLAZA PROJECT, LOCATED ON THE NORTH SIDE OF COMMERCIAL BOULEVARD BETWEEN NW 66" TERRACE AND NW 64'" AVENUE, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the David's Plaza Project, located on the north side of Commercial Boulevard between NW 661" Terrace and NW 64" Avenue (attached hereto in map form as "Exhibit 1 ") was approved by the Development Review Committee on March 16, 1999; and WHEREAS, the improvements for the David's Plaza Project requires the installation of the Water Distribution System; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution System required to serve the David's Plaza Project; and I Temp. Reso. #8628, May 11, 1999 2 WHEREAS, David's Custom Caterers, Inc., as the owner of the property, has offered the "Tamarac Water and Sewer Utility Easement" for the water main; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the David's Plaza 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 David's Custom Caterers, Inc., for the David's Plaza Project, required for the installation, maintenance and operation of the Water Distribution System. 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 David's Custom Caterers, Inc., for the David's Plaza Project, located on the north side of Commercial Boulevard between NW 6611 Terrace and NW 64th Avenue, 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 1 1 Temp. Reso. #8628, May 11, 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: CWKOL GOL MC/AAE CITY CLERK I HEREBY CERTIFY that I have aDDroV d this RESOLUTION as to form. MW/krs/mg 11TCHELL S. K CITY ATTORN JOE SCHREIBER MAYOR RECORD OF COMMISSIO MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/,�/M MISHKIN DIST 3: COMM. SULTANCIF DIST 4: COMM. _R RT EXHIBIT 1 • r L L� TEMP. RESO. # 8628 / w Q / i/ Co r/ r �r z (62 ST) / BAILEY RD 62 ST — — — — w 3 �� j 61 ST � g �/ 7 !� Z LAND C. 11 I 6o CT W BER UDA ac / 60 z V 59 ST jIL 59 CC>ND S� " 59 ST ¢ a 7 ST 7 j ] r 58 ST g ~ 3 ~ a w OD� 57 DR ¢ 3 w ] / MA NLA DS SEC 8 ' D 57 CT FAITH 57 LAND SEC. 10 CT BERMUDA UNITED �I¢CLCB il -HURCH l 57 CT � "HE Ul a Q LJ c ` u u MARKETPLACE ❑ a?¢¢ QF d' A LL' a N W~ 2 N _.._ ... n n T DAYID�$ 0 T- Q d N z W I L a c a 57 = SUNTAINS J C m 2 m , r+r'�AP T MENTS 2W uw u Wes' ¢aQ ZL�¢ TAMARAC a M CIw.� d D p 47 u G7 Z P1AZA ❑Wu u [q ZQ d� ,Y � W ,a S `= ¢y jz a❑ .. D N Tr FOUNTAINS 0::F2P. CEN. 3a x� COMMERCIAL BLVD + rwHITE GAK (CO RD. 870) �-- SITE I ' w dr56 STD Y Q �" ��— z W o¢ LOCATION Ir 3 co< 0' ❑uj wHtrC WATER UAK C v i 1 i r r r i � aA,k i W DAVID'S PLAZA WATER AND SEWER UTILITY EASEMENT AVID- FLAZA.DWG "Exhibit 2" TAMARAC UTIL lT 9: • WATER AND SEWER UTILITY EASEMENT FOR: David's Custom Catering Waterline Extension NAME OF PROJECT A I On this �� day of 199-2 that ., David's Custom Cat :gr$ , Ina., — having an address of 6501 West Commercial Boulevard, Tamarac, Florida 33319 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.88m 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 W, 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 areal. 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 effete 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. r� 98060a 1 water and armor LM E*Nment MGrantor 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. y � 980606 2 water and Sewer Utah► Sasema►tt IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and 1 year first above written. ;. ATTEST: GRANTOR r. Type Nam Type Nam Corporate Secretary President r•r RTM (Corporate Seal) a' x ' STATE OF FLORIDA • SS CUtiNi"Y OF�c;w 0��, I HEREBY CERTIFY that on this day, before me, an officer duty authorized In the State aforesaid and In the County, aforesaid to take acknowledgments, personally aMeared DAV� D ,�,l u, — 6" C 4,W to me known to be the person(s) described In and who executed the foregoing instrument and �- L acknowledged before me and under oath that „-dL— executKthe name. WITNESS my hand and offrolal seal thla day of � �J Igo SF NOTARY PUBLIC. State of Florida ;;}•.; art Large (Name of Notary Public: Print, Sump, o cHARLES n 4RANM ( -4 "Personally known to men, or NOTARY py,Bc1C STATE OF FLORIDA COMMBSION NO. CC766= iart�durxsd 1dar�tifiCintion ` MY COMMISSION EXP. SEPT 320(1Z Type of I. D. Produced OID take an oath, or ( ) DID NOT take an oath, be* C7 �� • 3 wow One sewn LWNY E"amK+t • • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: a XY . Noe, Jr. City Manager ATTES By: Carol Gold, C AA City Clerk STATE OF FLORIDA . . SS COON ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe,S reiber Ma Date: 7'r9 RobdA S.' Noe, Jr. City Manager Date: �� 7 /1 Approv d s to By: Mitchelf S.' Kraft, TY OF uJ City Attdmey I HEREBY CERTIFY that on this day, before me, an officer duty authorized in the State aforesaid and in the County aforesaid to take. acknowledgments, personally appeared --Td E-'Ec 06 s. Name known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. 199, WITNESS my hand and official seal this �r 7 day of �z��5 r OFFICIAL NOTARY SEAL JUNK A WHUE NL. ARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC775M MY COMMISSION EXP. SEFr 15.2= ( personally known to me, or ( ) Produced identification 0 NOTAR "UBUIC, 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 (-i-MID NOT take an oath eaoaas 4 wmsr and sewer Udpty Easement L z A y ------- ITO I -' �. �\ \ \��'•- �•- - jai _ y C w i -. ... .. .. gY. _ —_ X — F , j i _ W r: ~I ail I .l I• / 2 T 1Y 3tz Uj f fPfiv 7 LW "Exhibit A" Description: All of Tracts A & B of Commercial Boulevard Lands as recorded in Plat Book 105, Page 34 of the Public Records of Broward County, Florida. L I E r� J C` "Exhibit B" SCALE: V • 50' N. W. 57 th STREET COMMENCE AT N. E. CORNER NORTH LINE PARCEL B PARCEL B N89° 01' 23' W —tO'UTILITY EASEMENT _ _ 176. 75' POINT OF ��-��-� BEGINNING �----CENTERLINE 15' EASEMENT II SOO' 00' 16' E 7.5' 7, 5' 52.86' I I POINT OF TERMINUS I I I EXISTING BUILDING �I =I PARCEL B WI I J I I ul I I I I I I I r 24' WIDE VEHICULAR ACCESS EASEMENT _ 1 -I ---------�-__ - 10'UTILITY EASEMENT COMMERCIAL 9OUVEVARO SKETCH OF DESCRIPTION THIS IS NOT A SURVEY SURVEYOR'S CERTIFICATE I I HEREBY CtRTIFY THAT THIS DESCRIPTION AND SKETCH MERE PPEPARED UNDER MY DIRECTION ANTI MEET mi: MINIMUM TECHNICAL STANDARDS AS =ET FORTH BY THE FLORIDA,BOARO OF PROFESSIONAL SUUYF YOBS ANO MAPPERS IN CHAPTER 51G1,-6 F LORI A AUNT NISTRATIVE CUCE, PURSUANT TO SECtION 112. 027. FLCRIDA 5TATUiFS. FUN IIE FIHM,� IfY PROFESSION NAi L I SKETCH OF DESCRIPTION gm 14/i9/99 1 VA GSM D suHVEroR FIOR104 HI,GISIR nnN ND. aa�T REVISION DWN I DATE I F8/PG 7CKD cRAIG A. SMITH 6 ASSOCIATES COMMERCIAL BOULEVARD LANDS CONSULTING ENGINEERS -PLANNERS -SURVEYORS 1000 WEST MC NAB ROAD 15 U T I L I T Y EASEMENT POMPANO BEACH, FLORIDA, 33069 (305)782-8222 co=CERTIFICATE NO' L83110 CAD LIBRARY:0717EASE ISHEET 2 OF 2 E • 11 "Exhibit B" • Legal Description: A 15 foot wide easement on a portion of PARCEL B, COMMERCIAL BOULEVARD LANDS, as recorded in Plat Book tO5, page 34, Public Records, Broward County, Florida, being more particularly described as follows: Commence at the Northeast Corner of said PARCEL B: Thence "'orth 0 0t 23 West, along the north line of said PARCEL B, for 176.75 feet to the POINT of BEGINNING, said 15 foot wide easement lying 7.50 feet on eacn side of and adjoining the following described centerline; Thence South �0°00 16 East for 52.86 feet to the north face of the existing building ano P !NT of TERMINUS. Easement lines are lengthened or shortened to provide a continuous 15 foot wide easement. DESCRIPTION PREPARED BY GSM 4/19/99 CHECKED BY GSM CPA I G A. SMITH 6 ASSOCIATES CONSULTING ENGINEERS -PLANNERS -SURVEYORS tOMMERC I AL BOULEVARD LANDS iD00 WEST MC NAB ROAD 1 5 U T I L � T Y EASEMENT cons OMPANO BEACH, FLORIDA, 33069 (305)782-8222 CERTIFICATE NO: LB3110 r;AD LIBRARY,0717EASC ISHEET 1 OF 2 No Text