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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-182Temp. Reso. #8028, October 9, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-98- /�� 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 FIRST UNION NATIONAL BANK FOR THE FIRST UNION NATIONAL BANK PROJECT, LOCATED ON THE NORTHWEST CORNER OF MCNAB ROAD AND UNIVERSITY DRIVE, 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 First Union National Bank Project located on the northwest corner of McNab Road and University Drive (attached hereto in map form as "Exhibit I") was approved by City Commission on October 8, 1997; and WHEREAS, the development of the First Union National Bank Project requires the installation of a Water Distribution System; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution System required to serve the First Union National Bank Project; and WHEREAS, the First Union National Bank, as owner of the property, has offered the "Tamarac Water and Sewer Utility Easement" for water mains, water services, and fire hydrants; and Temp. Reso. #8028, October 9, 1997 2 WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the First Union National Bank 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 First Union National Bank for the First Union National Bank Project required for the installation, maintenance and operation of 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 First Union National Bank for the First Union National Bank Project, located on the northwest corner of McNab Road and University Drive, 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. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. [ I Temp. Reso. #8028, October 9, 1997 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 a�Iday of - , 1998. JOE SCHREIBER MAYOR ATTEST: AA-4�' Al CAR OLD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved is RESOLUTION as to form A - / / RECORD OF,COMMSSION VOTE MAY6R SCHREIBER HELL AF DtST I-- COMM. McKAYE CITY ATTORNEY DIST 2: V/M MISHKIN TR/dav/mg DIST 5 COMM. SULTANOF DIST *.-,..COMM. ROBERTS 1 EXHIBIT 1 • r� • I-tm-v. 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Reso.#8028 TAMARAC UTILITIES ATEAND SEWER UTILITY EASEMENT FOR: —First UniQn Natio0al Bank NAME OF PROJECT On this—_ day of J,,np , 199g__,_, that First Unign National Bank having an address of 225 Water treet Jagksonville, FIQ[ida 32202 , 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 88th 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 the 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 961014 1 Wsue.w pd �J cable TV that crosses this easement at right angles. 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 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. 0 961014 2 Wsue.wpd • IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name AYNE SEBESTA Assistant Corporate Secretary (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF GRANTOR By: l-.� Pe Nam JOE SCHIFFER Vic 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 pan owledgments, personally appeared R V_icpPresident, � n st Union Natioal.o me nown to be the person(s) described in and who executed the foregoing instrument and _ he acknowledged before me and under oath that _ he executed the same. 1 997 WITNESS my hand and official seal this �7th day of August 13ARBARA L WALL My Commission CC573506 Expires Jul. 30, 20M Personally know to me, or Produced identification NOTARY PUBLIC, State of Florida at Large BARBARA L. HALL (Name of Notary Public: Print, Stamp, or Type as Commissioned) M Type of I.D. Produced ) DID take an oath, or ( -1DID NOT take an oath. 961014 3 Wsue.wod • C� ATTEST: 0`bent S.Noe, Jr., y Manager ATTEST: By: Carol Gold, CM E City Clerk STATE OF FLORIDA SS Is •11 ki • :C•�e:• ACCEPTED BY CITY OF TAMARAC GRANTEE By: J o e3 ihreiber Mayor Date: June 24, 1998, S. Noe, Jr., inager Date: By: I a C—/ .- Mitche . Kraft, gity Attorney I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesajd and in the County afor said to take acknowledgments, personally appeared • AI to me known to be the person(s) escribed in and who executed ffie foregoing instrument and �, acknowledged before me and under oath that executed the same. 1991 . WITNESS my hand and official seal this � day of , R PeiOFFICIAL NOTARY SEAL OAP Bpi PHYLLIS POLIKOFF x i * COMMISSION NUMBER S CC390392 �l MY COMMISSION EXP. For Vve WIT 21 19nS (�) Personally known to me, or ( ) Produced identification Aa• 14 44wv NO ARY PUBLIC, tiate of Florida at Large /*&'ZL/s P Lr fo�� (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. 961014 4 Wsue.wpd AEFIDAYIT SMALL BE COMPLETED WHEN MORTGAGEE SIGNATURE_ Ia NOT ARPLI -ABLE I JOE SCHIFFER do hereby affirm that I am the Vice President of First Union National Bank, who is the owner of _ S e legal description Exhibit "A" and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for water and suYer utilities ,_, project and that First Union National Bank is 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. l� ( n1aturoe Schiffer isday ofAugust . 1997 STATE OF FLORIDA COUNTY OF DUVAL I HEREBY CERTIFY that on this da before me an Officer duly authorized in the State aforesaid Y� � Y and in the County aforesaid to take acknowledgments, personally appeared JOE SCHIFFER , a Vice President of First Union National Bank to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this rl day of August, 1997. NOTARY PUBLIC State of Florida, at Large +° 1-�L4i e'c BARBARA L HALL MY Conwni—ion cC673506 `a� sxn',�Jul. 30, z000 BARBAR L . Hgjr. E or F`O Name of Notary Public: Print, Stamp, or Type as Commissioned (✓) Personally know to me, or ( ) Produced identification ( ) DID take an oath, or (✓) DID NOT take an oath. 5 � 9 61014 Wsue . wt d EXHIBIT A • LAND DESCRIPTION: (PARCEL 1) A PORTION OF PARCEL "A", "UNIVERSITY AND McNAB PLAT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 135, PAGE 2, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS! BEGINNING AT THE EASTERLYMOST SOUTHEAST CORNER OF SAID PARCEL W. THENCE SOUTH 89" O1'50" EAST, ALONG A SOUTH LINE OF PARCEL "A", 225.46 FEET; THENCE NORTH 00-12'16" WEST, ALONG A LINE 225 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID PARCEL "A", 191.89 FEET; THENCE NORTH 89"47'44" EAST, 225.41 FEET TO A POINT ON SAID EAST LINE OF SAID PARCEL "A", SAME BEING THE WEST RIGHT—OF—WAY LINE OF UNIVERSITY DRIVE, THENCE SOUTH 00-12'16" EAST, ALONG SAID EAST LINE OF SAID PARCEL "A", SAME BEING THE SAID WEST RIGHT—OF—WAY LINE OF UNIVERSITY DRIVE, 196.51 FEET TO THE POINT OF BEGINNING. SAID LAND LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING 43,774 SQUARE FEET, (1.005 ACRES) MORE OR LESS. r� C� I WE PINE ISLAND RD. co --.L (A � zc> C n �. Fr 1 M n z F- Z C C�7 D -< z UNIVERSITY DR. EXHIBIT B C� • C� SURVEY NOTES: I. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE PLAT OF 'UNIVERSITY AND MCNAB PLAT' P.B. 135, PAGE 2, BROWARD COUNTY RECORDS) WITH A REFERENCE BEARING OF NORTH 00'12'16' WEST ALONG THE CENTERLINE OF UNIVERSITY DRIVE. 4. THE 'LAND DESCRIPTION' HEREON WAS PREPARED BY THE SURVEYOR. 5. THIS SKETCH DOES NOT A CONSTITUTE A FIELD SURVEY AS SUCH. LAND DESCRIPTION: (PROPOSED UTILITY EASEMENT) A PORTION OF PARCEL 'A', 'UNIVERSITY AND MCNAB PLAT', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 135, PAGE 2, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY MOST SOUTHEAST CORNER OF PARCEL 'A' OF SAID PLAT; THENCE NORTH 00'12'16' WEST, ALONG THE EAST LINE OF SAID PARCEL 'A', SAME BEING THE WEST RIGHT- OF-WAY LINE OF UNIVERSITY DRIVE, 193.50 FEET; THENCE SOUTH 89'47'44' WEST, 56.17 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00'11'53' EAST, 30.10 FEET; THENCE NORTH 89*47,44, EAST, 8.27 FEET; THENCE SOUTH 00'II'53' EAST, 15.00 FEET; THENCE SOUTH 89'47'44' WEST, 23.21 FEET; THENCE NORTH 00'11'53' WEST, 30.10 FEET; THENCE SOUTH 89'47'44' WEST. 23.22 FEET; THENCE NORTH 00'11'55' WEST, 15.00 FEET; THENCE NORTH 89'47'44' EAST, 38.16 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA CONTAINING 1146 SQUARE FEET, (0.0263 ACRE) MORE OR LESS. CERTIFICATE: IHEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION AS DELINEATED UNDER MY DIRECTION ON OCTOBER 7, 1997. I FURTHER CERTIFY THAT THIS SKETCH OF DECSRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61GI7-.f, FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HE PROPOSED UTILITY EASEMENT SKETCH OF DESCRIPTION A PORTION OF PARCEL 'A' 'UNIVERSITY AND MCNAB PLAT' (P.B. 135, PG. 2, B.C.R.) DATE l0/7/97 DATE SCALE 1'=40' FIELD BK. N.A. DWNG, BY CHK. BY J.P.w. CHNARS, P.A. �A$NERS-SURVEYORS N P. WEBER, P.S.M. A REGISTRATION NO.4323 I;EITH III SCHNARS, P.A. L9 1337 CNOREERS PLANNERS • SURVEYORS R00RmAMAVL11,U6' Alt R.AAgaISOmu SHEET NO. I OF 2 SHEETS DRAWING NO. 15393L.-/7✓ • • • �•�� Ff l�!!�t•�i �� z �1 F,I I P—M ��-AL a 3 as avg r 1we 1l W CZ�� U1 n Z I 10 - - - - g Z 4 i (�4€edsr I A < I I G7 ICJ rn •�-•--_ m I r A I C7 I 13 I• I ro I � 0 0 piZ Q rn 00 � wz wain = Wz -v > m o o Fv L9 N -' n N (A p N 01 70 I n wao 1-1 `_ m r am -ia w - to 3re ;1E m av a ; O I z o o0 mco m r r" I A v Fn A a -mao rMZ y"'a.D Fri �0 � � I nrr�0 ��m r- C7 I `� z ' rrn mz�• _. L______ -- wcn W�a nrn < I -- -- -- - N --`^� --m-> — O I -0mo d0O7a (A O — N . >�m L____- �NO;1'�� __ ___ y� _ m 16'W _ 193 50' 25 TY I r _ — r WATER AND SEWER UTILITY a AND DRAINAGE EASEMENT o (O.R.B. 13574, PG. 740, B.C.R.) w m a+ w o O imp 2�'1 z ZLn Q O mn 7Zman GO (73 0 mho 'icy ¢¢mrnaorn ,Harr ir6o� bm mm m A� nm ::aArr AOmrn .z m UNI_V_E__RS_ITY _D_R_IV_E�bm N00'12'167W - `�E-AST LINE SECTION 4-49-41 -� PROPOSED UTILITY EASEMENT SKETCH OF DESCRIPTION A PORTION OF PARCEL "A" "UNIVERSITY AND MCNAB PLAT' (P.B. 135, PG. 2, B.C.R.) CITY OF TAMARAC, BROWARD CO.. FLORIDA DATE 10/7/97 DATE REVISIONS SCALE V=40' FIELD BK. N.A. DWNG. BY V.C. CHK. affifta KEITH aid SCHNARS, PA, LB 1337 ENGKERs - PLANMRS . SURVEYORS SHEET NO. 2 OF 2 SHEETS DRAWING NO. I53931--/S�/ E:P-I—CI V1.FS3393-53 9 33USII,DCN