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Home My WebLink AboutCity of Tamarac Resolution R-99-328Temp. Reso. #8827, November 5, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99g A RESOLUTION OF THE CITY COMMISSION TO AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PUBLIC UTILITY EASEMENT WITH INTOWN SUITES COMMERCIAL BOULEVARD, INC., FOR THE INTOWN SUITES PROJECT, LOCATED ON THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND NW 82ND STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the development of the Intown Suites Project located on the northeast corner of Commercial Boulevard and NW 82"d Avenue (attached hereto 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, Intown Suites Commercial Boulevard, Inc., as owners of the Intown Suites 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 1 Temp. Reso. #8827, November 5, 1999 2 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 appropriate City Officials to accept and execute a "Public 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 as required for the installation and operation of various public utilities and infrastructure. 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 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 public 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. SECTION 4: That all resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 Temp. Reso. #8827, November 5, 1999 3 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: OaX4'� CAROL LD, CMC/AAE CITY CLERK i:. to form i` U" MW/krs/mg �ERTIF=Y that I have s RESOLUTION as MITCHELL S. KF CITY ATTORN ` JOE SCHREIBER MAYOR RECORD OF COMMISS101 MAYOR SCHREIBER i DIST 1: —COMM. PORTNER DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4; COMM. ROBERTS EXHIBIT 1 ul • 10 TEMP. 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BLDG 57 ST CHEVRON 58 P 7 MAI L NDS- Q Ld 5 UN T 1/jm 58 ti Cr OD m V,%/, 3g S T ] cu m 57 PL FAIRiAVE M ] 8 ao a 57 CT NW 57TH ST SITE LOCATION N CEMMERCIAL—DLVD, n r. n WATERSIDE 60 ST 8 CT �LrR I Lrll•/L �� OF ' TAMARAC r m . ] a m n x - -T cr 0 ucrowN svrr�s Z INT❑WN_SUI.DWG INTOWN SUITES PUBLIC UTILITY EASEMENT "Exhibit 2" TAMARAC PUBLIC UTILITY EASEMENT FOR: INTOWN SUITES NAME OF PROJECT ,n This PUBLIC UTILITY EASEMENT made this (`f day of �Q. 4 1991 by INTOWN SUITES COMMERCIAL BOULEVARD, INC. having an address of 2102 PIEDMONT ROAD, ATLANTA. GEORGIA 30324 (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: 0 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. As described in the attached Exhibit "B" and made a part hereof. 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. I 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. 980605 2 Public Utility Easement • C IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTES By: Type Name ► 1�� Corporate Secretary (Corporate Seal) STATE OF GEORGIA : SS COUNTY OF 1 b ( GRANTOR ) INTOWN SUITES. COMMERCIAL BOU�VAR By: f �� Type Name MICHAEL SMITH VICE PRESIDENT, 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 -- Da,'MAALOI ,'ri r� _ to me known to be the person(s) described in and who executed the foregoing instrument and f CO cknowledged before me and under oath that, executed the same. 199`7 {{�� WITNESS my hand and official seal this �`f day of (C)d .ipk ( �) Personally known to me, or ( ) Produced Identification NOTAK at Large EORGI Print,(Name of•�• or •- as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 980605 3 Public Utility Easement • • r� ATTEST: By- Je M' r City anager ATTEST: By. Carol Gold, CMC/AAL City Cleric ACCEPTED BY CITY OF TAMARAC GRANTEE Joe Sc�freiber Mayor Date: /.1—8 1 c7 Bykma Je1 r Cier )�/ Approved By: STATE OF FLORIDA Mitchell S. Kraft, SS City Attorney COUNTY OF U0 r4 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 :O--'C4W(6--% N6-TL I eYL. ffiudto me known to be the person(s) described in and who executed the foregoing instrument and _ e U acknowledged before me and wader Bath -that executed the same. rN WITNESS my hand and official seal this c day of - Cae av\4 1P- r— OFFICLAL NOTARY SEAL DUNE A WHrM NG rARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC77SM MY COMMMON EXP. SEP'r 15 ( Personally known to me, or ( ) Produced identification n- 1 NOTA�Y PUBLIC, State of Florida at Large a o A_ Lj 4 L -ice' (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (yID NOT take an oath 980805 4 Public Utility Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT 40 APPLICABLE I, fr7r c r •�� do hereby affirm that I am the vim' of r- S f csP*w *rW annd t at I have executed a Public Utility Easement with the City of Tamarac for INTOWN SUITES project and that I am the owner of the property covered by said Public Utility Easement. There are no mortgages held on the property, which is the subject of said Public Utility Easement. FURTHER AFFIANT SAYETH NOT. (Signature) This day of rx-�-6-, 199-. STATE OF GEORGIA : SS COUNTY OFF i 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 ,. _ jn, `�t EYE e I 114 to me known to be the person(s) described in and who executed the foregoing instrument and de _acknowledged before me and under oath that �1 e executed the same. WITNESS my hand and official seal this 1 5 day of �I OQ CA , 199 ., (") Personally known to me, or ( ) Produced Identification C, State off GEORGIA Si-4eP Public: Print, Stamp, issioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 980605 5 Public Utility Easement ASSOCIATED ENGINEERS & SURVEYORS OF SOUTH FLORIDA. CORPORATION CIM&%LTING ENGINEERS - LAND SUnIEY017S 7320 GRIFFIN RA, SUITE 103 DAVIT~ FL 3=14 PHONE C934) 791-9339 FAM C934) 791-133e SHEET 1 OF 1 • C7 EXHIBIT "A" - SKETCH AND DESCRIPTION - NOTE: THIS IS NOT A SURVEY BUT ONLY A GRAPHIC REPRESENTATION OF THE DESCRIPTION SHOWN HERON. Description of Boundary of Intcmn 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 ofBroward 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. NV 57TH STREET 446.00' K LINE BLOCK 6 ry 1 I I 1 I I I I I i I I 1 I 1 I I I I = I �NTOWN SUITES SATE LYGNi COMMERCIAL SUBIbIVISION i I �,B. 69, PAGE 42 1 I I I ! I 1 THE V. 66, j LOT 9 I LGT B 1 LOT 7 OF LOT 6 BLOCK 6 I BLOCK 6 I BLOCK 6 I BLOCK 6 I I I I I I I I I I I I I 1 I I r sstrrsos ---J 446.00' S. LINE BLOCK 6 VEST C00CRCIAL. RL.VD. a ASSOCIATED ENGINEERS & SURVEYORS OF SOUTH FLORIDA CORP. ".10006827 *E.8./0007846 BY, 1`,1ni11� ti��fy rwNenrn A eumec. rt rls srmOLAsbm>RVtrIA • s rea OF sr F wnsa I HEREBY CERTIFY. THAT THE ATTACHED SKETCH AND DESCRIPTION CONFORMS TO CHAPTER 21NH-6.06 (1) (FLORIDA ADMINISTRA'►IVE CDDF1, MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA. AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF UPDATES/REVISIONS NOTES The undersigned and XSS13CIATFD ENGINEERS L SURVEYORS 11F SOUTH FLORMA CEIRP13RATM make no representations or guarantees as to the completeness of the Information reflected hereon pertaIr to easement, right-of-way set back 11nes, reservations, agreements or other matter of record. This Instrument Is lntended to reflect or set forth only the Information shown In the reference above. ASSOCIATED ENGIIEERs A SURVEYORS W SOUTH FLORIDA CORP. Did not research ppuublIc record natters affecting the land shown. 1(1TFr This Instrument 1s the property of ASSOCIATED ENGINEERS L SURVEYORS 13F SOUTH FLORIDA, CORP. And shall not be reproduced In whole or In rt Without writtenApernlsslon of ASSOCIATED E OMMRS AND SURVEYORS 1F SOUTH FLORIDA SCALE DRAWN Br# TTIIIIpECBKtEDM. BY` rjwr► PRMAECT Nor NTS XFA FAA 9y- �Jg ASSOCIATED ENGINEERS do SURVEYCRS OF SOUTH FLORIDA, CORPORATION CONSULTYNG ENGINEERS - LAND SURVEYORS Meg GRIFFIN RD., SUITE I= DA VIE, FL 33314 PHONE C934) 791-E110 FAX/ C934) 791-13M Sheet I of 2 See Sheet 2 of 2 for Legal Description Of Easement. r� • • Z a A EXHIBIT "B" - SKETCH AND DESCRIPTION - NOTE: THIS IS NOT A SURVEY BUT ONLY A GRAPHIC REPRESENTATION OF THE DESCRIPTION SHOWN HERON. C 6 FOOT PUNK L Tq ITY EASE ENT FOR CITY OF TAMARAC NW 57TH STREET 446,00' N. LINE, BLOCK 6 - - ----t----------y------- 6' U.E. BY THIS INSTRUMENT i I I I I I I I I I I I I I 1 I I I I VNTDVN SUITES SATE I I LY134 C12MMERCIAL SUBDIVISION k1l. 69, PAGE 42 I I LOT 9 LOT 6 j LOT 7 BLOCK 6 1 BLOCK 6 I BLOCK 6 I I I I 1 I I 1 I I t I I I I I I ``� r/------ •-------t--- wxrrwes------1--1 446,00' WEST CCWWRCIAL BL VA ASSOCIATED ENGINEERS & SURVEYORS OF SOUTH FLORIDA CORP. "LB./0006827 +E.8.00007846 BY, � wk Wks k. FRANCISM A ATIARRE. RE. PLS REMSM&A ocn[ne 8 3s437 REGISTERED L#ATS1JRvT t • 33M STATE W FLMM% 1 1 U.E. BY THIS INSTRUMENT LINE, BLOCK 6 I I 1 I I I I I I I t 1 1 I I I c I I I I I 1 I 1 I I I I I I 1 1 I I I 1 1 HEREBY CERTIFY. - THAT THE ATTACHED SKETCH AND DESCRIPTION CONFORMS TO CHAPTER 21HH-6.06 (1) (FLORIDA ADMINISTRATIVE CODE). MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF UPDATES/REVISIONS NOTEi The undersigned 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, right-of-way set back lines, reservations, agreements or other natter of record. This Instrument Is Intended to reflect or set forth only the InfornatIOn shown In the reference above. ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH FLDRIDA CORP. Did not research public record matters affecting the land shown. NOTE, This Instrument Is the property of ASSOCIATED ENGINEERS L SURVEYORS DF SOUTH FLORIDA, CORP. And shall not be reproduced In whole or In part without written permission of ASSOCIATED ENGINEERS AND SURVEYORS OF SOUTH FLORIDA CORPORATION, SCALE DRAVN BY, CHECKED By, F&P.G. PRI ECT Nou NTS XFA FAA 99-515 ASSOCIATED ENGINEERS A SURVEYORS OF SOUTH FLORIDA. CORPORATION SHM1 2OF2 pOA18t8,INGEPAMMM - L0VL MRNEYORJr SEESEMErIOE2FOR 7880 MWF= RDLr 3WM M JIA VIE. FL 22214 SKETCH OP EASMAENT PMPff C4) 7l -MM FAM C950 7Y!-ISSN • 0 EXHiBTT wBw SKETCH AND DESCRIPTION Y- NOTS: THIS 3 NOT A SURVEY BUT ONLY A GRAPHIC RE PRESIMATION OF THE DESCRR'f M SHOWN 19MM Description of 6 Foot Public Utility Easement for City of Tamarac: A strip of land 6.00 feet wide 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 strip of land being particularly described as: The North 6.00 Feet of the abovesaid lots 6, 7,8,9, in block 6,thereof, together with the West 6.00 feet thereof, together with the South 6.00 Feet thereof, together with the East 6.00 Feet thereof. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and containing approximately 8,610.43 Square Feet or 0.20 Acres. ASSOCIATED EMINEERS A SUMMYORB OF SOM FLMM CORP. 91-840006827 4 •E.B.100078ib BY, FwM== A MMW PL PAS IiWiTOKD EMMER a 76457 I,w Mur-M IN a 3W tTAT[ a F1.num 1 HERBBY CERTIFY: THAT THE ATTACK SKETCH AM DESCRIMON COMM" TO CHAPTER PJM4.06 0) WLORIDA AOMIMSTRATIVE CODE), MIMMUM TECHNICAL STMDMDS FOR LAM SURYEYINO IN THE STATE OF FLONDA, AM 18 TRUE AND CORRECT TO THE BEST OF MY KN WLM69 AND BELIEF UPOATESAMSIONS NOTE, The undersigned and ASSOCIATED ENGINEERS L SURVEYORS (IF SOUTH FLORIDA CORf'"RATION make no representations or guarantees as to the completeness of the Information rwflwctwd hereon pertaining to easwnwnt, right-of-way set hack lines, reservations, 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 ppuublic record natters affecting the land shown MITEi This Instrument Is the property of ASSOCIATED ENGINEERS L SURVEYORS OF SOUTH I'L.QtIDA, CORP. And shall not be reproduced In whole or In part without erItten pernlsslon of ASSOCIATED ENGINEERS AND SURVEYORS IE SMITH FLORIDA CORPORATIE I SCALE Ni! I DRAWN Sri XPrA I PECKED 2" FAA I FJ LPAG I PRO.ECT Noa 90-ME I 11/05/1999 12:03 404-875-7427 INTOWN SUITES PAGE 01 N Ga/N S U I T' E So 2102 Piedmont Road • Atlanta, Georgia 30324 0 November 5, 1999 Vu F.A,CSDME (954) 724-2406 City of Tamarac Utilities Department Attention: Kurt Dear Kurt: 7910 Fax 404,875.9544 The purpose of this letter is to notify you that Michael Smith is authorized to sign all building contracts, developer's agreements and easements in the name of Intown Suites. Should you require additional information or have any questions, do not hesitate to contact me at (404) 875-7910, extension 109. Sincer s, 0 David Vickers President c: Michael S 0