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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-069Temp. Reso. #8544, January 22, 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 MOBIL OIL CORPORATION FOR THE MOBIL 02-NPG PROJECT, LOCATED ON THE NORTHEAST CORNER OF NOB HILL ROAD AND COMMERCIAL BOULEVARD, 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 Mobil 02-NPG Project, located on the northeast corner of Nob Hill Road and Commercial Boulevard (attached hereto in map form as "Exhibit 1 ") was approved by City Commission on May 13, 1998; and WHEREAS, the development of the Mobil 02-NPG 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 Mobil 02-NPG Project; and Temp. Reso. #8544, January 22, 1999 2 WHEREAS, Mobil Oil Corporation, 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 Mobil 02-NPG 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 Mobil Oil Corporation, for the Mobil 02-NPG 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 Mobil Oil Corporation, for the Mobil 02-NPG Project, located on the northeast corner of Nob Hill Road and Commercial Boulevard, 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. I� Temp. Reso. #8544, January 22, 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 old y of 1999. ATTEST: 00-40� CAROL GALD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. / MW/krs/tk MITCIEL KRAFT CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSIO VOTE MAYOR SCHRIBER DIST 1: C/PORTNER DIST 2: V/M MISHKIN DIST 3: C/SULTANOF DIST 4: C/ROBERTS . iQ EXHIBIT 1 1-0 TEMP. RESO. # 8544 TAMARAC MARKET PLACE /r 70 ST 70 ST 70 ST jj 70 ST 70 ST g g co ¢jr m w MCNAB READ 68 PL /j TAM AC g�V Q a w TAMARAC rr GAR ENS P� LIME BAY g GARDENS E T 3 WEST r/r/ q <, SEC. II rp it/fir . � .�� / rr /r r/rrrrr/ irrr/// a I.T.W. MIMA / . WESTW❑❑D 2 5e 67 ST a w 67 Lj T ❑ D 2 66 > 66 CT j% G� rT CT j% 1z 96 AV 66 ST W y IJ W❑❑D I (SPYGLAS 65 CT W 94 TERR THE VILLAGE 65 4JDOp 3 W \\ y W y ST W�➢C,E 3 Lj ;� �y ¢W LAND SEC. 8 wEDGEW❑❑D LN zz C ST G❑LF COURSE . W W c63 ST) 3 .Y y ( W Y r y � SANTA ROSA DR. 6I ST y3¢ 7y N. GRAND DUKE C. w Z i r PUBLIC a a J PATI❑ HOMES Y �M> f1Ji 6 7m SERVICES I N. PLUM BAY PKWY a aJo i a i _ COMPLEX 2= 60 ST m w� 4 r T Lo W 4 NORTH STANLEY LN.r RE ➢ HEART LN z V RMpSA a 59 Pt LANDINGS ON G V � F1 J J a. IM LANE p Vi w � '-' / CYPRESS � Tg TYERMoS= BRADSHAW LN. F- j = Q S. GRAND w� p LANE X. �+-� / GREENS DUKE C. a a E. PLUM W. LUM HARB HARBOR WY. 59 CT / WATERS \\ \ \\ \\ r EDGE \\�\ \\ \77 V.G.C. PARK �l \\\ \\�N\ (VISUAL GRAPHICS) GRAPHLINE 58 La <E \\\\\\\\\\\\\\\\\\\\\ z THE TAMARAC f�q \\\X\\\\\\\\\\\\�\\\\\ MIAMI JEWISH © �\\\\\\�\\ \\\\\\\\\\\ ST❑R❑PACK HERALD CENTER M0B1L, FERGUSONC57 ST \\� (CO RD 870) LY❑NS COMM SUB SITE COMMERCIAL BLVD LOCATION M❑BIL_02_NPG.DWG MOBIL 02-NPG WATER AND SEWER UTILITY EASEMENT "Exhibit 2" TAMARAC UTILITIES • WATER AND SEWER UTILITY EASEMENT C FOR: Mobil 02-NPG NAME OF PROJECT On this 12th day of February 199 9 that Mobil Oil Corporation having an address of 2299 ' Suite _Boca Ratou. FL 33431 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 88tn 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 C� • • IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. I_'Ifffam /�;; • - Name (Corporate Seal) STATE OF FLORIDA SS COUNTY OF Q16 gw-ck GF 0 TYI IN I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforeApid and in he County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who execu ed tKAforegoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this Imo'`^ day of fuQ 199a. e��YpGe Frances M. Haehman ,Commission # CC 747295 4 Expires June t, 2002 BONDED THRU ATLANTIC BONDING CO., INC. ( ersonally known to me, or ( ) Produced Identification IvX �-A & N ARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) NIa Type of I.D. Produced ( &ID take an oath, or ( ZDIDOT take an oath. �•T 980605 3 Water and Sewer Utility Easement CJ • • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: LEST: f� By. Robert S. Noe, Jr. City Manager ATTEST: By: Carol Gold, CMC/ City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe !c reiber May r� Date: By., RoWi S. Noe, Jr. City Manager Date: 3 By. Mitc�hl COUNTY OF SS City tt r y 1/ I HEREBY CERTIFY that on this day, befor m , an officer duly authorized in the State foresaid and in a County aforesaid to tak knowledgments, personally appeared -::s'�_ to me know to be the person(s) described in and who executed the f egoing instrument and acknowledged before me and under oath that executed the Same. WITNESS my hand and official seal this 4_ day of ( Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large Z5FFICIAL \OTARYSFAL 1AARION SWENSON NOTARY PUBLIC STATE OF FLORIDA (Nam `wbi ej .r1� oaf amp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (,—)-DID NOT take an oath 980605 4 Water and Sewer Utility Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I Paul M. Capanigro do hereby affirm that I am the Attcrncy in Fact Of and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for mobil 02-NPG 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. FURT ER AFFIANT SAYETH NOT. ( ignature) This day of �� , 199Fj_ STATE OF FLORIDA COUNTY OFP SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State resaid ad in a County aforesaid to take acknowledgments, personally appeared I to me known to be the person(s) described in and who executed the fig egoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of 19901 �pra�e Frances M. Bashman NOTARY PUBLIC, State Florida 1'`r-,Commission # CC 747295 at Large Expires June t, M02 BONDED THRU ATLANTIC BONDING CO.. INC. (Name of Notary Public: Print, Stamp, or type as Commissioned) ( Personally known to me, or ( ) Produced Identification Type 6f I.D. Produced ( ) DID take an oath, or ( /DIDOT take an oath. 980605 5 Water and Sewer Utility Easement SKETCH OF DESCRIPTION FOR UTILITY EASEMENT NOTES.• A PORTION OF TRACT 13, SECTION 8, TOWNSHIP 49 SOUTH, RANGE 41 EAST, FOR T LA UDERDALE TRUCK FARMS' A CCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; BEING MORE PARTICULARIL Y DESCRIBED AS FOLLOWS - COMMENCING A T THE SOUTHWEST CORNER OF SAID SECTION 8, THENCE NORTH 012448" WEST ALONG THE WEST LINE OF SAID SECTION 8 FOR A DISTANCE OF 105. J4 FEET; THENCE NORTH 8835'12" EAST A DISTANCE OF 60.00 FEET TO THE POINT BEING ON THE EASTFRL Y RIGHT OF WA Y LINE OF NOB HILL ROAD (N. W. 100th AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 9585, PAGE 11J OF THE PUBLIC RECORDS OF BRDWARD COUNTY, FLORIDA; THENCE SOUTH 4554 23" EAST A DISTANCE OF 49.06;- THENCE NORTH 89 36 02" EAST A DISTANCE OF 87.6J FEET; THENCE NORTH 012448" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 012448" WEST A DISTANCE OF 2 1. 00 FEET, THENCE S0UTH 8936102" WEST A DISTANCE OF 15.00 FEET, THENCE S0UT7-T 0124'48" EAST A DISTANCE OF 6.00 FEET; THENCE SOUTH 8936 02" WEST A DISTANCE OF 79. 09 FEET, THENCE SOUTH 45 4523" EAST A DISTANCE OF 21. 40 FEET, THENCE NORTH 8936102" EAST A DISTANCE OF 79.09 FEET TO THE POINT OF BEGINNING. NOTES - 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION /S N 0124 48 " W AL ONG THE EASTERLY RIGHT OF WAY LINE OF NOB H/L L ROAD. J THE INFORMATION WAS PROVIDED BY H/M£S ASSOCIATES, LTD. SURVEYORS CERT/RC4T/0N.- / HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MIN/MUM TECHNICAL STANDARDS AS SET FORTH BY THE FL ORIDA BOARD OF PROFESS/ONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 61 G 17- 6, FLORIDA STATUTES, AND THAT IT /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER ROBERT BL OOM:STER ✓ . PROFESS/ONAL LAND RVEY NO, 4134 STATE OF FL ORIDA r -I Lv Nor VALID WfTHOUT SHEET 2 OF 2 BL 0OMSTER PROFESSIONAL LAND SURVEYORS INC. 641 N.E. SPENCER STREET JENSEN BEACH, FLORIDA 34957 PHONE 561-334-0868 SHEET 2 OF 2 SrAM 1- _ „r DA11:: 12- 6-N FA 'JRTCN Na 1246A Fi61 MONS SRUTCIY TO ACCOMPANY LEGAL DBSCRiPl7OX PREPARED FOR: MOBIL OIL CORPORATION SITE LOCATED: CITY OF TAMARAC. BRDWARD COUNTY, FLORIDA 9 60' n.t.s. 1� ' SKETCH OF DESCRIPTION FOR UTILITY EASEMENT S89736'02"W 5 rOQ Z /Va .,.7 ri N89-36 02"E 79.09' POINT OF BEGINNING NJ a 15 �I 9�6- 20' UTILITY EASEMENT (O.R. BOOK 21840, PAGE 882) s I 7 , 8 18 17 POINT OF COMMENCEMENT SOUTHWEST CORNER OF SECTION B, TOWNSHIP 49 SOUTH, RANGE 41 EAST • 60.00, 8-35'12' E S i I I I o� I I QO�PG I S01T 4�"E 6.00 \ S89636'02"W 79 09' ri//,�Gff% ij%/// / + (( f/f/%� COMMERICAL of I00 rl � N89'36'02"E 87.63' NORTHERLY RiGiT—CF—WAY LINE OF COYIJEMAL BOULEVARD ri c BLVD. NOT VALID WITHOUT SHEET 1 OF 2 BLOOMS TER PROFESSIONAL LAND SURVEYORS INC. FLOWA L IL / SMO 641 N.E. SPENCER STREET JENSEN BEACH, FLORIDA 34957 PHONE 561-334-0868 SH MT 1 OF 2 N AM. 1' '!KETCH ® Nm 1246A REUSLONS SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR: MOBIL OIL CORPORATION SITE LOCATED: CITY OF TAMARAC, BROWARD COUNTY, FLORIDA MAP--0 -1999 17 : 24 MOB I L 0 I L EFIG I PIEEP I FIG 407 997 1 _1Sn P . 01 /02 MOC P/A No. 23;a KNOW ALL MEN BY THESE PRESENTS: That MOBIL OIL CORPORATION, a corporation organized and existing under the laws of the State of New York (the "Company"), does hereby make, constitute and appoint P. J. BEARSE, J. B. BONNEMA, P. M. CAPONIGRO, T. A. CASEY, M. J. D'AMICO, T. E. DAVIDSON, A. L. GLAESER, A. J. GIAQUINTO, W. J. HELFRICH, D. W. HEALD, D. J. HILL, T. A. HIRSCH, F. J. LINDHJEM, G. L. MARTINIE, S. P. MESTHOS, 1. MORGANO, V. H. RANKIN, W. VALENCIA, and each of them, its true and lawful attorneys for it and in its name, place and stead, to do or perform any or all of the following: 1. To make, execute, and deliver contracts for the sale of personal property, having a value of not more than $15,000, other than merchandise held for sale in the ordinary course of business, on behalf of the Company: . 2. To make, execute and deliver contracts for the construction, repair and maintenance of properties of the Company at a. cost not exceeding $1,000,000; 3. To execute and file any and all instruments, documents, forms, reports and applications necessary or proper for filing before administrative or executive officers, boards, and agencies, whether federal, state, or municipal; and to procure any authorization, permit or license from any such officer, board or agency, whether federal, state or municipal; and 4. To execute on behalf of the Company indemnification agreements for third party costs, expenses and damages arising out of environmental conditions caused by the Company s operation of its facilities or arising out of entry onto said parties' real property to remediate any such environmental condition. Each and every power, discretionary or otherwise, herein granted to the aforesaid attorneys shall be deemed as granted to them in severalty, as of the one exercising any power hereunder has alone been appointed and named as attorney herein. This power is given in accordance with authority duly granted by the Board of Directors of the Company. HEREBY REVOKING the following Powers of Attorney heretofore granted: MOC P/A No. 2508 granted to H. ALLGAYER, T. A. CASEY, R. J. CICCOTELLI, ie M. J. DAMICO, T. E. DAVIDSON, A. L. GLAESER, A. J. GIAQUINTO, W. J. HELFRICH, D. W. HEALD, D. J. HILL, T. A. HIRSCH, F. J. LINDHJEM, J. J. LOYKA, G. L. MARTINIE, S. P. MESTHOS, I. MORGANO, V. H. RANKIN, D. H. STEPHENS, W. VALENCIA, R. J. WOLFF, under date of January 21, 1998. l�aR_02-1999 17:24 MOBIL OIL ENGINEERING 407 997 1350 P.02i02 IN WITNESS WHEREOF, said MOBIL OIL CORPORATION has caused these presents to be signed by an Executive Vice President, and its corporate seal to be hereunto affixed and attested by an Assistant Secretary the iG ` C day of June, 1998. MOBIL OIL CORPORATION BY • M. P. Ramage, Executive Vice President ATTEST: a Sr. Assistant Secretary - COMMONWEALTH OF VIRGINIA ) SS.. COUNTY OF FAIRFAX ) . On the day of June, 1998, before me personally came M. P. RAMAGE, to me known, who being by me duly sworn did depose and say that he resides at 3225 Gallows Road, Fairfax, VA 22037, that he is an EXECUTIVE VICE PRESIDENT of MOBIL OIL CORPORATION, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public EMGPOA3 • My Commission Expires: Linda RoM, NotM Public Commonwealth of Virginia My Commission expires January 31, 1999 T117wl �-- 1-IT