HomeMy WebLinkAboutCity of Tamarac Resolution R-99-327Temp. Reso. #8826, November 4, 1999 1
CITY OF TAMARAC
RESOLUTION NO. R-99-
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 INTOWN SUITES COMMERCIAL
BOULEVARD, INC., FOR THE INTOWN SUITES PROJECT,
LOCATED ON THE NORTHEAST CORNER OF
COMMERCIAL BOULEVARD AND NW 82ND AVENUE, 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 Intown Suites Project, located on the northeast
corner of Commercial Boulevard and NW 82"d Avenue (attached hereto in map form as
"Exhibit 1 ") was approved by City Commission on August 25, 1999; and
WHEREAS, the development of the Intown Suites 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 Intown Suites Project; and
Temp. Reso. #8826, November 4, 1999 2
WHEREAS, Intown Suites Commercial Boulevard, Inc., as the owner of the
property, has offered the "Tamarac Water and Sewer Utility Easement" for water mains,
water services and fire hydrants; and
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the Intown Suites 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 Intown Suites Commercial Boulevard,
Inc., for the Intown Suites 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 Intown Suites Commercial Boulevard, Inc., for the Intown Suites Project,
located on the northeast corner of Commercial Boulevard and NW 82" 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
Temp. Reso. #8826, November 4, 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-Q' day of A,
1999.
ATTEST:
CAROL GOL MC/AAE
CITY CLERK
I H,CRBY CERTIFY that I have
pr ed_this RESOLUTION as
MITCHCCL S."K
CITY ATTORN
MW/krs/mg
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
L
EXHIBIT 1
•
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TEMP. RESO. #8826
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INT❑WN-SULDWG
INTOWN SUITES
WATER AND SEWER UTILITY EASEMENT
"Exhibit 2"
r�
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR: INTOWN SUITES
NAME OF PROJECT
On this 6day of 1999, that INTOWN SUITES COMMERCIAL
BOULEVARD,---INC. *****************************having an address of
2102 PIEDMONT ROAD, ATLANTA, GEORGIA 30324
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
r]
•
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.
ATTEST -
By: �-
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF GEORGIA
: SS
COUNTY OF `c.11 iL
INTOWN SUITES COMMERCIAL
GRANTOR BOULEVARD INC.
0
Type Name
Xx9m llim
sue' r�r�
�� /ee,:q_P
MICHAEL SMITH, VP,
REAL ESTATE
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 _J�(�4fttl SM,'M4 to me known to be the person(s)
described in and who executed the foregoing instrument and LL cknowledged
before me and under oath that --- t_ executed the same.
WITNESS my hand and official seal this I S- day of t1
199-1.
NOTARY PU fur �k o RGIA
at Large
O
(Name of NotaryASrint, Stamp,
or type as Commissioned)
( (/Personally known to me, or
( )Produced Identification
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:
By.
Jeff L. millef
City anager
ATTEST -
By:
Carol Gold, ClVl
City Clerk
ACCEPTED BY CITY OF TAMARAC
GRANT E
By: is
Joe hreiber
Mayor
Date:
By.
Jeff I r
Ci Manager
Date: . ( 2--/ ?,/ 5 5
By.
STATE OF FLORIDA Mitchell . Kraft,
,do`V#r 6 : SS City Attorney
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the Coun aforesaid to take acknowledgments, personally appeared
e�er�'F1�E=N,1146 me known to be the person(s) described in and
who executed the,foregoing instrument and acknowledged before me and
that q-A executed the same.
WITNESS my hand and official seal this
199.
OFFICIAL NQTARYSEAI.
,1UNE A WHrrE
N:: ARY PUBLIC STATE OF FLORIDA
COMMISSION NU. CCT75i20
MY COMMISSION EXP. SEFr 15
personally known to me, or
( ) Produced identification
day of
NOTARY NBLIC, State of Florida
at Large
�Tt, A)C 4 Ltd 4 t7
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (6DID NOT take an oath
980605 4 Water and Sewer Utility Easement
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
do hereb affirm that I am the 6r°
of .�•�-su- r� that I have executed a Tamarac
Utilities Water and Sewer Easement with the City of Tamarac for THE INTOWN
SUITES 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 SAYETH NOT.
(Signature)
This l-day of
STATE OF GEORGIA
COUNTY OF TO
: SS
, 1997.
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 M t' L- l-LA e( SYLI 11 to me known to be the person(s)
described in and who executed the foregoing instrument and },acknowledged
before me and under oath that . H V executed the same.
WITNESS my hand and official seal this 1 15'- day of i P
1999 .
( personally known to me, or
( ) Produced Identification
NOTARY PUBC m00% GIA
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
0 ( ) DID take an oath, or ( ) DID NOT take an oath.
980605 5 Water and Sewer Utility Easement
ASSOCIATED ENGINEERS & SURVEYCRS
OF SOUTH FLORIDA, CORPORA71ON
COMULTING ENGINEERS - LAND SURVEYORS
7320 GRIFF7N RD., SUITE 103 DAVIE FL 33314
PHONE C934) 791-2110 FAX, t9341 791-1330
Sheet I of 2
See Sheet 2 of 2 for
Legal Description
Of Easement.
A
EXHIBIT eA"
— SKETCH AND DESCRIPTION —
THIS IS NOT A SURVEY BUT ONLY A GRAPHIC REPRESENTATION OF THE DESCRIPTION SHOWN HERON.
PROPM?ff BOUNDARY OF M'101161 MITES (TAMARAC )
NW 57TH STREET
446W � N. LINE, BLOCK 6
--- s"''s'''°'c
4UM
1 1 I
I I I
1 1 I
1 I I
I 1 1
I I �
kNTDWN SUITES SATE
1 i
LY1JN4 COMMERCIAL SUBI]IVISION I
�.B. 6 9, RAGE 42
THE W. 66.
LOT 9 j LOT 6 j LOT 7 j OF LOT 6
BLOCK 6 I BLOCK 6 I BLOCK 6 1 BLOCK 6
1 I 1
1 1 1
1 1 I
I 1 I
I I 1
446017 S. LINE, BLOCK 6
WEST CDMMERC.ML. JIL VD,
ASSOCIATED ENGINEERS dl SURVEYORS
OF SOUTH FLORIDA CORP. e1..9.10006827
*E.9. jOOO7a45
I HEREBY CERTIFY.
46A
THAT THE ATTACHED SKETCH AND
DESCRIPTION CONFORMS TO CHAPTER
BYl
' 'i, "MICE
21HH-6.06 (1) (FLORIDA
-*Ocr rr r. �-'Mm• ME_ ra..s
ADMINISTRATIVE CODE), MINIMUM
111=71M ,Elwllm a 304S7
e �
TECHNICAL STANDARDS FOR LAND
Whit or 1.1
SURVEYING IN THE STATE OF
FLORIDA. AND IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND
BELIEF
NOTE, The undersigned and ASSOCIATE➢ ENGINEERS L SURVEYORS OF S13UTH FLORIDA
CORPORATION make no representations or guarantees as to the completeness
of the Information reflected hereon pertaining to easement, right-of^say set
back lines, reserrvatlonw, agreements or other natter of record. This
Instrument Is Intended to reflect or set forth only the Information shorn In
the reference above.
ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA CORP. Did not research
ppuublk record natters affecting the land shown,
EEENOTE, This Instrument Is the property of ASSOCIATED ENGINEERS L SURVEYORS OF
SOUTH FLORIDA, CORP. And shall not be reproduced W whale or in part without
written permisslan of ASSOCIATED ENGINEERS AND SURVEYORS OF SOUTH FLORIDA
CORPORATMN.
SCALE DRAWN By, CHECKED BY, FAArA PROECT Na.,
NTS XFA FAA 99-•J1�
WOCIATIgITO ENGINEERS " SURVEYORS
FSOUTH ORIDA.CORPORATION SHW2OF2
RRILrSBESHEUrIOF2FOR
CiIII mRA,SUITSI=ArtVWFNT7814 SKEM= OF EASEM ENT
Ri4! 7lll�llltl FA1d � 7Yl^�I O
EXHIBIT "A"
— SKETCH AND DESC FMN —
DESCRIPTION OF PROPERTY BOUNDARY OF INTOWN SUITES (TAMARAC):
Lots 7,8,9 and the West 66.00 feet of lot 6, block 6 of the subdivision of"Lyons Commercial
Subdivision', according to the Plat thereof as recorded in Plat Book 69, at Page 42 of the Public
Records of Broward County, Florida.
Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and
containing approximately 130,680 Square Feet or 3.00 Acres.
ASSOCIATED ENGINEERS a SUINEIYORS
OF SOUTH FLORIDA CORP. 'LB.W0006/t?
eE.B.I0007/46
i r�
BY, I
rwwler= A ATiIDre. ra ru I
eESlm 67F7IGDEEA s 354M
smevs'7 uNDSwv['RA a 3=4
ITATC Q RDMA
1 N61EBY CERTIFY:
THAT THE ATTACHED &KETCH AND
DESCRIPTION CONFORMS TO CHAPTER
tIN".00 (1) (FLORIDA ADMINISTRATIVE
COML MINIMuM TECHNICAL STANDARDS
FOR LAND SIRVEYING IN THE STATE OF
FLORIDA. AND IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND
BELIEF
UPOATES/REWSIONS
NOTEi The underslonad and ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA
CORPORATION make no representations or guarantees as to the completeness
of the Information reflected hereon pertaining to easement, rl0ht-of-way set
back lInes, reservations, agreements or other natter of record This
Instrument Is intended to reflect or set forth only the Information shorn In
the reference above.
ASSOCIATED ENGINEERS L SURVEYORS I3F SOUTH FLORIDA CORP. Did not research
ppuubLIC record natters offectlnp the land shorn
Me This Instrument Is the property of ASSOCIATED ENGINEERS L SURVEYORS OF
SOUTH FLORIDA, CORP. And shall not be reproduced In whole or In part without
written permission of ASS13CIATED ENGINEERS AND SURVEYORS OF SOUTH rLORIDA
CORPORATION.
I SrtALE Mrs I MAWN I" XFA I CHECIfFJI Iri FAA 1 ""4 1
PRD.CCT Na, I
P.O.,
C1
ASSOCIATED ENGINEERS 8 SURVEYORS SHEET 1 OF 2
OF SOUTH FLORIDA, CORPORATION SEE ATTACHED EXHIBIT
COVU&TZM EN611 EERS - LAM SINVEYggr
I GRDTFM RIL, SUITE I= DAME, FL 3=4 ON SHEET 2 OF 2 F 0 R
PHONE C930 721-MID FAM C950 7M-13= LEGAL DESCRIPTION.
EXHIBIT "B"
- SKETCH AND DESCRIPTION -
TH1514 NOT A SURVEY BUT ONLY A ORAPFIIC REMMENTATION OF THE DFSCRIV ION SHOWN HERON.
15 FOOT EXCLUSIVE WATER and S �� FASg�NP FOR CITY OF TANNMC:
C.L. = Centertine
P.O.B. = Point Of Beginning
P.❑.C. = Point Of Commencement
P.O.T. = Point Of Termination
P.O.S.
NW 37TH STREET
WEST C0MMERC:IAL BLVD.
w
ASSOCIATED ENGINEERS B SURVEYCRB
OF SOUTH FLORIDA CORP. eL.1111.I0006Bl7
eE_B.a0007646
m1fAlIC6m A. AMMNF. PL. P" 1
lmsin>Fs nGpEk'N a mm"
IiGgi� LAPMROW"M • 74St
srAn a FLpLI.
1 HERESY CERTIFY:
THAT THE ATTACHED SKETCH AND
DESCRIPTION CONFORMS TO CHAPTER
2IMH-6.06 (1) CFLORIDA ADMINISTRATIVE
CODE), MINIMUM TECHNICAL STANDARDS
FOR LAND SURVEYING IN THE STATE OF
^—T.'DA, ANZ 13 TRUE AND COACT TC
THE BEST OF MY KNOWLEDGE AND
BELIEF
UPDATES/REVISIONS
Bri
NOTE, The underslgned and ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLORIDA
CORPORATION make no representations or guarantees as to the completeness
of the Information reflected hereon pertalnMg to easement, right-of-way set
back lines, reservatlans, agreements or other natter of record. This
Instrument Is Intended to reflect or set forth only the Information shown In
the reference above,
ASSOCIATED ENGINEERS L SURVEYORS IF SOUTH FLORIDA CORP. Did not research
public record natters affecting the land shown,
NOTEo This Instrument Is the property of ASSOCIATED ENGINEERS L SURVEYORS OF
SOUTH FLORIDA, CORP. And shall not be reproduced In whole or In part without
wrlitrn permission of ASSOCIATED ENGINEERS AND SURVEYORS OF SWTH FLORIDA
CORPCIRATION,
SCALE
11"WN Bn
CIECWD BY,
FAR&
PROJECT M,
AITZ
XrA
FAA
y}Zq�
INTOWN SUITES, INC. DEDICATION SHEET 2 OF 2
TO CITY OF TAMARAC SEE SHEET 1 OF 2
FOR SKETCH OF
EXHIBIT "B° EASEMENT.
Description of a 15 Foot Exclusive Water and Sewer Utility Easement for City of Tamarac:
A Parcel of land located within lots 7, 8 9, and the West 66.00 feet of lot 6, block 6 of the
subdivision of "Lyons Commercial Subdivision", according to the Plat thereof as recorded in
Plat Book 69, at page 42 of the Public Records of Broward County, Florida. Said Parcel of land
being more specifically described as follows:
A strip of land 7.50 feet wide located at each side of the following described centerlines:
Description of Centerline Number 1:
Commence at the Northwest corner (at intersection of tangent lines) of said lot 9, of block 6;
thence proceed S 89_ °59°40" E, along the North line of said block 6, for a distance of 55 0_ feet to
the Point of Beginning of the herein described Centerline number 1; thence proceed &00° 00'"
for a distance of 88114 feet to Point "A"; thence continue along the last described course of S
00° 00 ;90" E, for a distance of 11aa2 feet; thence proceed 45 ° 0'0 E for a distance of 7.00
feet; thence proceed S ° 00'00" , for a distance of 3 .63 feet; thence proceed N 4�5°�00"
for a distance of 3.66 feet to Point "B' ; thence continue along the last described course N 45°
00'00" E, for a distance of%34 feet; thence proceed N 000 00,00" W, for a distance of 25.70 feet
to Point "C"; thence continue along the last described course of N 000 00'00" W, for a distance
of 105.53 feet; thence proceed N 44° 59'4 " W, for a distance off feet; thence proceed N
900 00'00" W, for a distance of 69_39 feet; thence proceed N 440 59'48" W, for a distance of
7.00 feet; thence proceed N 00° 0(�'20" E, for a distance of 105,2o feet to the Point of
Termination of the herein described Centerline Number 1, said point being on the North line of
said block 6.
Description of Centerline Number 2:
Begin at the above -described Point "B' ; thence proceed S 45° 00 00" E. for a distance of,22,73
feet; thence proceed N 9 ° 00'00" , for a distance of24.46 feet to Point "D'; thence continue
along the last described course of N 9 ° 00' 0"E for a distance of 7.90 feet to the Point of
Termination of the herein -described Centerline Number 2, said point being on the East boundary
line of said West 66.00 feet of lot 6, block 6.
Description of Centerline Number 3:
Begin at the above -described Point "D' ; thence proceed S00° 00'00" E, for a distance of 28.20
feet to the Point of Termination of the herein -described Centerline Number 3, said point being on
the South boundary line of said block 6.
Description of Centerline Number 4:
Begin at the above -described Point "C"; thence proceed S 90o 00'00" W, for a distance of 18.01
feet to the Point of Termination of the herein -described Centerline Number 4.
Together with:
Description of "Area 1":
A parcel of land within lot 9, block 6, of the Subdivision of "Lyons Commercial Subdivision",
according to the plat thereof as recorded in Plat Book 69 at page 42, of the Public Records of
Broward County, Florida. Said parcel of land being more particularly described as:
Commence at the above -described Point "A"; thence proceed S QO° 00'00" E for a distance of
7,20 feet To Poir.! "E", said po?:t, bc:ng the Point of Beginning of the herein described "Area I';
thence proceed N 00 00'00" W ,for a distance of L5.62 feet: thence proceed S 90° 00,00" E, for
a distance of 17.06 feet; thence proceed S 00° 00'00" E, for a distance of31.24 feet; thence
proceed N 90° 00'00" W, for a distance of 17.06 feet; thence proceed N 000 00100" W, for a
distance of 15.62 feet to Point "E".
Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and
containing approximately 15,550 Square Feet or 0.36 Acres.
11/05/1999 12:03 404-875-7427 INTOWN SUITES PAGE 01
N Ga/N
S U I T' E So
2102 Pledmont Road • Atlanta, Georgia 30324 4pq,875.791q Fax 404.875.9544
November 5, 1999
VjA FAcsuwnt
(954) 774-2406
City of Tamarac -
Utilities Department
Attention: Kurt
Dear Kurt:
The purpose of this letter is to notify you that Michael Smith is authorized to sign all
building contracts, developers agreements and easements in the name of Intown Suites.
Should you require additional information or have any questions, do not hesitate to
is contact me at (404) 875-7910, extension 109.
Sincer , �56vl"
David Vickers
President
c: Michacl
0