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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-022Temp. Reso. #8496, December 28, 1998 1 CITY OF TAMARAC RESOLUTION NO. R-99- c� 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 OCEANIC ROSE DEVELOPERS, INC., FOR THE TAMARAC ISLAND PROJECT, LOCATED ON THE SOUTH SIDE OF NW 77t" STREET BETWEEN NW 75" AVENUE AND NW 74" TERRACE, 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 Tamarac Island Project, located on the south side of NW 77t" Street between NW 751" Avenue and NW 741" Terrace (attached hereto in map form as "Exhibit 1 ") was approved by City Commission on May 13, 1998; and WHEREAS, the development of the Tamarac Island 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 Tamarac Island Project; and Temp. Reso. #8495, December 28, 1998 2 WHEREAS, Oceanic Rose Developer, Inc., 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 Tamarac Island 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 Oceanic Rose Developer, Inc., for the Tamarac Island 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 Oceanic Rose Developer, Inc., for the Tamarac Island Project, located on the south side of NW 77th Street between NW 75th Avenue and NW 741h Terrace, 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 Temp. Reso. #8496, December 28, 1998 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',�? ay of , 1999. r JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSIO VOTE MAYOR SCHREIBER CAROL GO CMC/AAE DIST 1: _CO_MM. M�KAYE CITY C ERK DIST 2: MISHKIN DIST 3: COMM. SUL'CANOF I HER CERTIFY that I have DIST 4: COMM. ROBERTS appr ed this RESOLUTION as to f rm. 11TCHELL S/xC C I TY ATT N EXHIBIT 1 • • • fhMY. XhiU. # 8496 • �i/i W W W w W • w w W w w v w WOODMONT v COUNTRY W CLUB ~ Z W w W w V W W W w W W W w W W ? W w w W W w W w W y W W Q $�PGK W w w W 4 75w S, w w A4 Dr w PALM w W W W W W W w W W W w W w W W FERN CIR -7 TR55 W y THE plNCs w CIR TR74 Q' (SA, / qp� W W z a 79 ST �y n iI C5�y a n ^m S 2 A 78 CT 78 PL ^ m 78 ST l THE CENTRE 4Z µ a r r. WOODMONT 2 z N y t1) n SITE CW1 N LOCATION " m2ha, a TAMARAC eta ELEM v afro: a SCHOOL n Q RQ ? PAL T C I R w SIl E 73 W pALW CT Q P���.15� W 7 w W A �p��p �Qti TAMARAC % TR75 TOWN 73 ST PLAZA :,.,•: t, BELL 0/-Li Q 76-ST n a ^ n 0 Rj'I'c -o r / 7t ST W T `�LMANID �' "' 'ENVIRONMENTALLY % �--� GREENBR I AR V �/ 74 ST CY- w W WOODMONT tn� w— r r '. LJ 73 ST TAMARAC > MED. Z 7z CT / W W W W W w ^� ^" �-- i UNIV. UNIV. CTR PICCADILLY ST _ MED CTR HOSP. 72 $T 72 ST pti R72B / PRK WOODMONT SQUARE PLACE O VQ ii% THERAPEUTIC C T W 71 ST a •O p w ~ ^ TR72C a ACAD MYco w Q9 TR72A /� PI EAP K o HIL S � BAN 70 ST az 70 CT N. AMER. r L C3 l7 w oa r ¢ o % w Y w �w w WOODMONT WOODMONT ALL SAINTS ALBERTS©N p w¢ w w N % z 4 Z W COMMONS PLAZA LUTHERAN NATIONS SHELL u v) x ,� ww BANK W W McNAB ROAD Gw BANK BA TEXAC❑ TAMARAC W W W W y CONCORD VILLAGE PLAZA W W w w W w w w w W WOOD W w W W w W W •V LA W W W w w w W W UNIVERSITY \W w W W w TS. w •/' W w W w y COMMONS SANDS POINT W\ '•`r w W w W w C ANNpNG4ir �� W W W w \, w BELLE TERRE N VER$gILL CfR W v W W W TAMARAC � ES CiARbCNc. w w 8232.DWG TAMARAC ISLAND WATER AND SEWER UTILITY EASEMENT 0 EXHIBIT "A" A portion of Tract 13, of FORT LALTDERDALE TRUCK FARMS Subdivision of Section 3, Township 49 South, Range 41 East as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida, more particularly described as follows: Commencing at the Southeast corner of said Tract 13; thence North 01040' 13" West along the East line of said Tract 13 a distance of 738.73 feet; thence North 89°59'09" West, parallel with the South line of said Tract 13, a distance of 469.56 feet to the POINT OF BEGINNING of this description; thence continuing North 89°59'09" West a distance of 396.17 feet; then North 01 "38'32" West a distance of 550.00 feet; thence South 89°59'09" East of distance of 396.17 feet; thence South 01 038'32" East a distance of 550.00 feet to the POINT OF BEGINNING. Said land situated lying and being in the City of Tamarac, Broward County, Florida, containing 217,802 square feet or 5.0001 acres more or less. L 0 "Exhibit S" �J • An easement for water and sewer In a portion of Tract "A" of "TAMARAC ISLAND" according to the Plat thereof, as recorded in Plat Book 166 Page 10 of the Public Records of Broward County, Florida, being more particularly described as follows: Beginning at the Southwest corner of said Tract "A", thence S89'59'09"E along the South line of said Plat (as a basis of bearings), for 20.01 feet; thence N01'38'32"W for 279.03 feet; thence N88'21'28"E for 87.39 feet' thence S01'38'32"E for 86.28 feet to the point of curvature of a circular curve to the left, having for its elements a radius of 91.91 feet and a central angle of 180'00'00"; thence along said curve for an arc distance of 288.74 feet; thence N01'38'32"W for 79.54 feet; thence N88'21'28"E for 99.80 feet; thence N01'38'32"W for 251.97 feet; thence N89'59'09"W for 15.01 feet; thence S01'38 32"E for 237.41 feet; thence S88'21'28"W for 84.80 feet; thence NO1'38'32"W for 84.16 feet to the point of curvature of a circular curve to the left, having for its elements a radius of 91.91 feet and a central angle of 73'19'50"; thence along said curve for an arc distance of 117.63 feet; thence S88'21'28"W along a non -tangent line for 30.98 feet; thence N01'37'26"W for 70.45 feet; thence N89'59'00"W for 20.01 feet; thence S01'37'26"E for 70.52 feet along a non -tangent line to a point on a curve, a radial to said point bears N17'10'48"W, said curve having for its elements a radius of 91.91 feet and a central angle of 74'27'44"; thence to the left along said curve for an arc distance of 119.44 feet; thence S01'38'32"E for 77.42 feet thence S88'21'28"W for 87.39 feet thence N01'38'32"W for 240.96 feet; thence N89'59'09"W for 15.01 feet; thence S01'38'32"E for 517.49 feet; thence N89'59'09"W for 5.00 feet to its intersection with the West line of said Tract "A"; thence S01'38'32"E along said West line for 17.50 feet to the POINT OF BEGINNING. LESS therefrom the following described portion: COMMENCE at the Southwest corner of said Tract "A"; thence S89'59'09"E along the south line of said Tract "A" for 20.01 feet; thence N01'38'32"W for 279.03 feet; thence N88'21'28"E for 122.39 feet to the POINT OF BEGINNING; thence S01'38 32'E for 31.18 feet; thence N88'21'28"E for 14.17 feet; thence S01638'32"E for 15.00 feet; thence S88'21'2800W for 14.17 feet; thence S01'38'32"E for 49.03 feet; thence S31'38'46"E for 37.32 feet; thence S72'26'58"E for 44.72 feet; thence N12'53'32"W for 12.25 feet; thence N77.06'28"E for 15.00 feet; thence S12'53'32"E for 17.59 feet; thence N34658'06"E for 62.34 feet; thence N01'38'46"W for 135.32 feet; thence S88021'28"W for 14.17 feet; thence N01'38'32"W for 15.00 feet; thence N88'21'28"E for 14.17 feet; thence N01'38'46"W for 49.38 feet; thence N42'14'04�"W for 66.35 feet; thence S01'38'32"E for 20.09 feet; thence 588'21 28 W for 15.00 feet; thence N01'38'3?r•W for 15.32 feet; thence S88'21'28"W for 9.24 feet; thence•S43'33'43'W for 65.39 feet; thence S01'38'32"E for 45.89 feet; thence N88'21'28"E for 7.33 feet; thence S01'38'32"E for 15.00 feet; thence S88'21'28"W for 7.33 feet; thence S01'38'32"E for 43.85 feet to the POINT OF BEGINNING. Said lands lying in the City of Tamarac, Broward County, Florida. I HEREBY CERTIFY: that the LEGAL AND SKETCH was made under my supervision and meets the Minimum Technical Standards set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61 G17--6. Florida Administrative Code pursuant to Section 472.027, Florida Statutes. This sketch does not represent a land survey. Y by: Pedro L. Martinez P.S.M. Reg. Surveyor and Mapper #5443 State of Florida Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. LEGAL DESCRIPTION PREPARED BY: I Date: 12-18-98 1 Drawn: SC PEDRO LUIS MARTINEZ 5600 WEST 9th LANE HIALEAH, FLORIDA 33012 TEL• (305) 362-1127 FAX: (305) 817--8595 Proj. 9820T J Checked: EASEMENT FOR WATER/SEWER SHEET 1 OF 3 SHEETS Q 0 ki N89059'090W 15.01' N.W. 77th STREET S89'59'09"E 396.17' 1489159100"W 20.01' 3 w • R � to " N pM M O ^r 0 r' o SSW21'28"W 30.98' _ o a N N89'59'09"W 15.01' i► v R=91.91' N ` /=73'19'�0" w R=91.91' ni I A--74'27'44" A=119.44 yo.\ t` �z A=117.83 w 3 i N M O 0 _ Z W lll' Y 3 fA r: r59'09"W 5.00' POB \�-S89'59'09% SW CORNER 20.01► TRACT "A" R=91.91' A=180.00'00" A=288.74' N89-59-TVW 396.17' SCALE: 1 "=60' SKETCH ACCOMPANY LEGAL DESCRIPTION PREPARED BY: Date: 12-18-98 1 Drawn: 5 PEDRO LUIS MARTINEZ Prat9h FOR 5600 WEST 9th LANE EASEMENT HIALEAH, FLORIDA 33012 WATER/SEWER TEU (305) 362-1127 FAX: (305) 817-8595 SHEET 2 OF 3 SHEETS .7 .7 N.W. 77th STREET a in S89'59'09"E 396.17' g N n No,-38'32"W I I I I I 15.32' I I I I I 58 9 24 ze"W -4-20. 9?"E I I I ti� � I I I / 6 d's or ej s88`21 "28"W 3 iv 15 p0" � +"o� .. MMt 5887' �13'28"W I N 8'3�2"6 = I I i l o I I I I M- N0;115.00 38"3 "rrr ; N88'2; � 8"E15.00 61 I I ILn SOV2.128"W M N88.21'28"E 1 2.39' POB M F— Ln M L 3 S01'38'32"E I o 3 I I 31.18 I i SAO. 7 E M I N88'21 " 28 E s8e'21 `280w M I 14.17 I 14.17` ' o I S01.38'32"E o I 49.03' I M N77'06'28'E' S31'38'46'E 18100' N 37.32' N3 S'5034 6"E I I S7 446'28"E M go N1205303�90W 512'53'3�0E I I 12.25 17.59 I I LESS —OUT EASEMENT PAC S89'59'09"E N89'59'09"W 396.17' LESS -OUT 20.01' SW CORNER TRACT "A" SCALE: 1 "=60' SKETCH ACCOMPANY LEGAL DESCRIPTION PREPARED BY: Date: 12-18-98 I Drawn: SC PEDRO LUIS MARTINEZ Pro].9820T Checked: 5600 WEST 9th LANE EASEMENT FOR HIALEAH, FLORIDA 33012 WATER/SEWER TEL:- (305) 362--1127 FAX: (305) 817-8595 SHEET 3 OF 3 SHEETS "Exhibit 2" TAMARAC UTILITIES 16 WATER AND SEWER UTILITY EASEMENT • FOR: NAME OF PROJECT On this `% day of 199_, that _P)c,,� r-�1?2c 73:�Nchaving an address of 1 sj 4h M�_M\ Ib�;rlc �i155 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 88t" 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 • • �J IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. I'M Typi Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF ?r x, r A ::► •: Aa- Type Nan vtr. President '/'?4ae 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 Icz--r- .to me known to be the person(s) described in and who executed thg foregoing instrument and acknowledged before me and under oath that he- executed the same. i WITNESS my hand and official seal this 12 " day of IwysA L.z.r 199 8 '(Personally known to me, or p ( ) Produced Identification NOTARY PUBLIC, State of Florida PUB at L MARK F ROUSSO 1. * My Commisslon C0535225 t expires Feb. 25.2000 (Nam'61"rNotary 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. BS. Ro ert-S. Noe, Jr. City Manager ATTEST By: Carol Gold, CMC E City Clerk STATE OF FLORIDA SS COUNTY OF bl� I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State fore aid and in the ounJ for said to take acknowledgments, personally appeared to me known o be the person(s) described in and whb executed the fo gang in trument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this �23 day o 199�-. ACCEPTED BY CITY OF TAMARAC GRANTEE Joe -Schreiber M or Date: Zo?� oe, RVanager Jr. Cit ( Personally known to me, or ( ) Produced identification NOTARY PIJBLIC, State of Florida at Large "hilel 0") (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 • • OPTICIAL \'QTARYSFAL • NIA RION SWE\7(1\ RY PUBLIC STATE OF FLORIDA "o-MMISSIO\ \'C1. C co("'3n15 Y CC)m.missin\ vN'l).,ivc-, 1 ;.?cm 980605 4 Water and Sewer Utility Easement IN WITNESS and year firs ' ATTEST: REOF/:Mortgagee has hereunto set his hand and By: A 4V1-Llk-r Type Name C Corporate Secretary (Corporate Seal) STATE OF FLORIDA : SS COUNTY OFAIMCA9�: By: X n the day Type Name �TG� �l rz�[� 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 HENR to me known to be the person(s) described in and who executed the foregoing instrument and tAE acknowledged before me and under oath that tit' executed the same. WITNESS my hand and official seal this day of Afj,5J12r 199 q . C' NOTARY PUBLIC .Stale of at Large OFFICIAL NOTARY SEAL JOSE A ALMENARA NOTARY PUBLIC STATE of, FLORIDA COMMISSION NO. CC586260 (Name tamp, or type as Commissioned) ( ) Personally known to me, or ( Produced Identification , �::��_'� r� V✓`f' L�( Type of I.D. Produced 0 ( ) DID take an oath, or ('� DID NOT take an oath. 980605 Water and Sewer Utility Easement Temp. Reso. #8496 • • CITY OF TAMARAC INTEROFFICE MEMORANDUM TO: City Manager FROM: Director of Utilities Recommendation: UTILITIES DEPARTMENT DATE: December 28, 1998 RE: Tamarac Island, Water and Sewer Utility Easement A Resolution of the City Commission authorizing the appropriate City Officials to accept and execute a "Tamarac Water and Sewer Utility Easement' with Oceanic Rose Developer, Inc., for the Tamarac Island Project, located on the south side of NW 77' Street between NW 75' Avenue and NW 74'" Terrace, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage Collection Systems. Issue: To accept and execute a "Tamarac Water and Sewer Utility Easement' with Oceanic Rose Developers, Inc., for the Tamarac Island Project. Background: The Tamarac Island Project Site Plan requires easements to accommodate the installation, maintenance, and operation of the Water Distribution and Sewage Collection Systems. The "Tamarac Water and Sewer Utility Easement" will be used for water mains (that are to be installed for fire protection and water service) and for sanitary sewers that will be installed for the Tamarac Island Project. The Director of Utilities recommends that the City Commission authorize the acceptance and execution of this "Tamarac Water and Sewer Utility Easement" with Oceanic Rose Developers, Inc., for the Tamarac Island Project. TR/krs/mg ichael Woika