HomeMy WebLinkAboutCity of Tamarac Resolution R-99-023Temp. Reso. #8497, December 28, 1998 1
Revision 1, January 14, 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99--c23_
A RESOLUTION OF THE CITY COMMISSION TO
AUTHORIZE THE APPROPRIATE CITY OFFICIALS
TO EXECUTE A PUBLIC UTILITY EASEMENT WITH
OCEANIC ROSE DEVELOPERS, INC., FOR THE
TAMARAC ISLAND PROJECT, LOCATED ON THE
SOUTH SIDE OF NW 77" STREET BETWEEN NW 75th
AVENUE AND NW 741" TERRACE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the development of the Tamarac Island Project located on the south
side of NW 771h Street between NW 751" Avenue and NW 741" Terrace (attached hereto in
map form 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, Oceanic Rose Developer, Inc., as owners of the Tamarac Island
Project, have offered the "Public Utility Easement" (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
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
Temp. Reso. #8497, December 28, 1998 2
Revision 1, January 14, 1999
appropriate City Officials to accept and execute a "Public Utility Easement" 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 74th Terrace 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:
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 "Public Utility Easement" agreement with Oceanic Rose Developer,
Inc., for the Tamarac Island Project, located on the south side of NW 77th Street between
NW 751h Avenue and NW 74th Terrace, to allow legal access by public utility personnel in
performing their duties, including utility installation, maintenance and operation (attached
hereto as "Exhibit 2").
SECTION 3: That the City Clerk is hereby authorized and directed to record
said agreement in the Public Records of Broward County.
SECTION 4: That 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,
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Temp. Reso. #8497, December 28, 1998 3
Revision 1, January 14, 1999
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.
so
PASSED, ADOPTED AND APPROVED this% day of ,
1999.
JOE SCHREIBER
MAYOR
ATTEST:
CAR L OLD, CMC/AAE MAYQRECOR�DOFB�R MMISS
CITY CLERK
DIST 1: __ GOMM. M(;KAYE
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Y CERTIFY that I have
I this RESOLUTION as
DIST 2: V1V1 %IISHKIN
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
VOTE
EXHIBIT 1
TEMP. RESO. # 8497
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TAMARAC ISLAND
PUBLIC UTILITY EASEMENT
"Exhibit 2"
C:
TAMARAC PUBLIC UTILITY EASEMENT
FOR: I Hail
NAME OF PROJECT
This PUBLIC UTILITY EASEMENT made this 7 day of au-r-tR
199�, by �, t"Z�.:i�-1 , 4, having an address of
Z w 7 t'" y+re.,4 fi I CL4:k, t x ,'A ck 33 ► �� 3
(hereinafter "Grantor"), and 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"). (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).
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in Broward
County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred
to as "Servient Estate"); and
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) and
other good and valuable considerations paid by each of the parties hereto to the other
party, receipt of which is hereby acknowledged by both parties, the parties hereto do
hereby grant and agree as follows:
1. Grantor hereby grants and conveys to Grantee, its successors and
assigns, a non-exclusive easement over and upon the servient estate for the installation
and maintenance of public utilities.
980605 1 Public Utility Easement
2. Grantor reserves all rights not herein granted pursuant to this easement, •
including but not limited to, the right of free ingress and egress over and upon the
servient estate and to grant further easements under, over and on the servient estate;
provided that, in no event shall any of the rights herein reserved impede the easement
herein granted or the exercise of the rights of use thereunder.
3. The provisions of this easement shall be binding on the parties hereto and
the 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.
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980605 2 Public Utility Easement
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IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
AT1
Typ
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF
GRi
LIM
Typ
1/;,a� •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 ,to me known to be the person(s)
described in and who executed the foregoing instrument and kQ- acknowledged
before me and under oath that h executed the same.
WITNESS my hand and official seal this. day of R.,ca,.,er
199.
Personally known to me, or
( ) Produced Identification
NOT Y,PUBLIC, State of Florida
1 ♦��n MARK E MOUM
at L 1 My con 1911i"R @@99999
r Expires Feb, 0§, $om
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take and oath, or ( ) DID NOT take an oath.
91:141-ify
Public Utility Easement
ATTES
B : s.
Ro rt S. Noe, Jr.
City Manager
ATTEST:
By: j/�
. -i�1.�
Carol Gold, CMQIMO
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Jo hreiber
Mayor
Da
By:
o S. Noe, Jr.
C anager
Date: d a
n:i74.,//T
s tf
raft,
City Attorney
�IT
COUNTY OF &M"b
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in th County aforesaid to take acknowledgments, personally appeared
�G"ram brut +� b . S. to me known to be the person(s) described in and
who executed the f regoing instrument and _ acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this day of
199.,,.
( personally known to me, or
( ) Produced identification
NOTARY PUBLIC, State of Florida
at Large
OFFICIAL NOTARY SEAL.
MARION SWENSON
NOTARY PUBLIC STATE OF FLORIDA
(Nam 9 of a1 ic�F@r� amp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take and oath, or ( 4ID NOT take and oath
•
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980605 - Public Utility Easement
IN WITNESS W OF, Mdrtgagee has hereunto set his hand a
and year firsV6ca written,. \ j ,
ATTEST:
in
Type Names _ �x V�= 91 [:
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
�
COUNTY OF/ SS
` 1
Zffl:1
I on the day
By: f
Type Name = Aloz G
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 !A-E tJm Uses „ E tEp— to me known to be the person(s)
described in and who executed the foregoing instrument and IAIE _acknowledged
before me and under oath that 40— executed the same.
1991 WITNESS my hand and official seal this / day of
r
NO �tae rida
O LNO;ARYSrAL
at rC�@ JOSE A ALMXNARA
N ARY Pl19LIC STATc OF FLORIDA
COMMISSION NO. CC536260
MY COMMISSION CXP. SEFT. 18 2x0
(Name of Notary Pu iTf F— —int, Stamp,
or type as Commissioned)
( ) Personally known to me, or
n
(mil Produced Identifications,('
Type of I.D. Produced
( ) DID take and oath, or ( ) DID NOT take an oath.
980605 6— Public Utility Easement
EXHIBIT "A" 0
A portion of Tract 13, of FORT LAUDERDALE 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 °38'32" 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.
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LEGAL DESCRIPTION:
A public utility easement being in a portion of Tract "A" of "TAMARAC
ISLAND" according to the Plat thereof, as recorded in Plat Book 166 at
Page 10 of the Public Records of Broward County, Florida, being more
particularly described as follows:
The East, South and West 10.00 feet of said Tract "A", and also the
North 15.00 feet of said Tract "A", being and lying in Broward County,
Florida.
I HEREBY CERTIFY: that the LEGAL AND SKETCH of the property
described hereon was made under my supervision and that the LEGAL
AND SKETCH meets the Minimum Technical Standards set forth by the
Florida Board of Professional Land Surveyors and Mappers in Chapter
61G17-6. Florida Administrative Code pursuant to Section 472.027,
Florida Statutes. And, that the sketch hereon is true and correct to the
best of my knowledge and belief. Subject to notes and notations shown
hereon. This sketch does not represent a land ' survey.
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 DESGRI FTI ON
PREPARED BY: Tate: II-30-Q8 Drawn: SG
PEDRO LUIS MARTINEZ Pro�.l66 Checked:
5600 WEST 9th LANE UTILITY
HIALEAH, FLORIDA 33012 1EA 5EME IT
TEL: (305)362-1127 FAX: (305)817-8595 SHEET I OF 2 SHEETS
N.W. 77th ST.
SCALE: i " _ 1-00"
Not valid without the signature and the original raised seal of a Florida
licensed surveyor and mapper.
5KETGH TO AGGOMi AN"*r LEGAL I7E5CRI FTI ON
PREPARED BY:
PEDRO LUIS MARTINEZ
5600 WEST 9th LANE
HIALEAH, FLORIDA 33012
TEL: (305)362-1 127 FAX: (305)817-8595
Date: II-30-a8 Drawn: 50
Proj.166-10 Checked:
UTILITY
EA5EMENT
SHEET 2 OF 2 SHEETS
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• Temp. Reso. #8497
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TO: City Manager
FROM: Utilities Director
Recommendation:
CITY OF TAMARAC
INTEROFFICE MEMORANDUM
UTILITIES DEPARTMENT
DATE: December 28, 1998
RE: Tamarac Island, Public Utility
Easement Agreement
A Resolution of the City Commission to authorize the appropriate City Officials to
accept and execute a "Public Utility Easement" agreement with Oceanic Rose
Developer, Inc., for the Tamarac Island Project, located on the south side of NW 77th
Street between NW 751h Avenue and NW 74" Terrace.
Issue:
A 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.
Background:
The City must accept and execute a "Public Utility Easement" agreement with Oceanic
Rose, Inc., for the Tamarac Island Project, located on the south side of NW 77" Street
between NW 75th Avenue and NW 74' Terrace, to allow legal access by public utility
personnel in performing their duties, including utility installation, maintenance and
operation.
The Director of Utilities recommends that this easement be accepted and executed in
accordance with City Code Section 10-207, which states that recorded easements shall
be provided for the installation of all underground utilities facilities.
TR/krs/mg
Michael Woika