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Home My WebLink AboutCity of Tamarac Resolution R-98-019Temp. Reso. #7910 October 16, 1997 1 Revision #1, January 6, 1998 CITY OF TAMARAC RESOLUTION NO. R-98-._[_q 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 RYDER TELESERVICES, INC., FOR THE RYDER TELESERVICES PROJECT LOCATED AT 6000 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 development of the Ryder Teleservices Project (attached hereto in map form as "Exhibit 1 ") required the installation of Water Distribution System Improvements; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution System Improvements required to serve the Ryder Teleservices Project; and WHEREAS, Ryder Teleservices, 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 Ryder Teleservices Project; and Temp. Reso.#7910 October 16, 1997 2 Revision #1, January 6, 1998 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 Ryder Teleservices, Inc., for the Ryder Teleservices 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 Ryder Teleservices, Inc., for the Ryder Teleservices Project located at 6000 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. 1 1 Temp. Reso.#791 0 October 16, 1997 3 Revision #1, January 6, 1998 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. -PrTinni a passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED thisC2 Fday of ATTEST: ~, - - - (?& i r�� PATRICIA MARCURIO, CMC ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approyzq this RESOLUTION as to fofm. 1. _ / TR/dav/aml MITCHELL S. KR CITY ATTOR Y JOE SCHREIBER MAYOR MAYOR ECSCHROF BER Mh DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTAN( DIST 4: COMM. RORFQT! VOTE • El I• TEMP. RESO. # 7910 TEXAC❑ - - I HI•IH[ML BROOKWOOD > 6980 PLAZA PLAZA o / MRKT, o n > / .,..WOODLANDS McNAB PLAZA m 68 ST \ ,\T j/ SCHOOL cmi 67 ST a \ w BELLE a TERRE 7 Q 66 ST p OF ¢ a \ u TAMARAC r MAINL NDS S 15/jj// j/ o S NIVP 6A � // SITE T OFCS, 64 ST �i jjj%///////% LOCATIr ON / 64jST O EGAN PLAT ¢ 3 63 CT n a ¢ > j c� cv CT 63 ST 63 ST SAINT 62 ST 62 STD %% > 62 ST MALACHY � ] a 7¢ J❑HN ~ ¢ ¢ a jj w 61 ST 3 m HDRA m r T n n nnn w LT . \6cP w N ANDS SE 10 \\ �� (Do CT qGRYDER. � TEIESEAVICES ` 60 ST // 60 ST a vL 7Z // 59 S T 59 ST j� \ 59 S 59 ST 1J o N /// O $ ILLi CT ¢ ¢ ¢ �c 0o n 58 S7 n n cv 5$ $r - 7 cy >\_ ST 57 PL / n � ¢ < ¢ j w co MARSHALLS MAI L D3 SEC 9 Q co `° 57 DR PLAZA 57 DR 57 DR o o MA NLA IDS SEC 8 z 57 CT 57 CT n n z Li n 57 ST BLATT ¢ Li L3 J a Q J MARKETPLACE J U Li ? <¢ u�¢w cxz ww xr� a z zw ❑P < N o¢ ¢�¢ PLAT ~ � w = z �w TAMARAC _ iO Q -7 q w L`' U Q 27 F--� C❑MMERCIAL BLV➢ CC❑ RD. 870) RYDER DWG RYDER TELESERVICES WATER AND SEWER UTILITY EASEMENT FXHTRTT Temp. Reso. #7910 TAMARAC UTILITIE _ WATER AND SEWER UTILITY EASEMENT FOR: RYDER =SERVICES . NAME OF PROJECT On this 28 day of January , 199 8 , that RYDER TELESERVICES INC. a Florida corporation, having an address of 0 Univ r iDrive, Tamarac FL 33321 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 at hereto as Exhibit "A" and Y incorporated b reference p 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 961014 1 Wsue.wpd �J furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised 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. 961014 2 Wsue.wpd IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and, year first above wri en. ATTEST: G N R- R R SE S, INC. , p �a // �,.(A co ion Type Name _ David ;_ I- Type Name Coroorate Secretary President ` � yAGP4. 7E�F ('. carpor4e Seal) r STATE OF FLORIDA : SS COUNTY OF BRDWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afore aforesa�tjlake acknowledgments, personally appeared DAVID RYDER, I'res� en�4 _ TELESERVICES; 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. %,-a Florida corporaticn, 1997 WITNESS my hand and official seal this i day of June ' is NOTARY PUBLIC, State of Florida at Large MY COK C. LEOARD MMISSION M CC 27983 EXPIRES . �'•., i`,.= December 20, 1998 a � �' �:w� E, � _. �. LC.�.� . �P,►,��` OONf?Ep Y}IR!! !P,pV FAIN INSURANCE, INC. (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ) Personally know to me, or c ( L-i-1oduced identification P a t-- Type of I.D. Produced ( ) DID take an oath, or (XX) DID NOT take an oath. 961014 3 Wsue.wpd �J ATTEST: Frt S. Noe, Jr., itylManager ATTEST: Patricia Marcurio, CIVIC Asst. City Clerk STATE OF FLORIDA COUNTY OF BRQWARD SS ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe reiber Lf Ma r Date: January 28, 1998 Ie S. Noe, Jr., Manager Date:January 28„1998 Approve to f rm: BY: Mit,� ell S aft, Cifv Attornev 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 Joe Schreiber & Robert S. Noe, Jr. to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that the executed the same. WITNESS my hand and official seal this 28 day of January 1998 . 0 �lY PV OFFICIAL NOTARY SEAL 0 Qei PHYLLIS POLIKOFF z *COMMISSION NUMBER t CC390392 �a MY COMMISSION EXP. �o �0 SEPT 231998 ( x) Personally known to me, or ( ) Produced identification /%IZAa NOTARY PUBLIC, St etof Florida at Large LL15 go Z'4/0 r r- (Namd of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (x ) DID NOT take an oath. 961014 .19 Wsue.wpd r� IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year fi above written. ATT T:.: B ��r Type Name � c. C 6);g //did �� COUNTY OF NEW YORK SS MORTGAGEE - TAMARAC FLORIDA ASSOCIATES Type Name Linda Heffner RDOM General Partner NDRTGAGEE - MEDINA LAND COMPANY By: -1 u- ((-Ia Linda He er General Partner Mortgagee Address c/o I. Reiss Company 60 E. 42nd Street New York, NY 10165 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to ke nowledgments, personally appeared Linda Heffner, Gener Partner,_ Tamarac Florida Assoc & Medina/�TRAn to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that _ executed the same. WITNESS my hand and official seal this I 1 �day of .Tune 199 7 f ' EDWIN HIRSCHBERG ✓ NOTARY PUBLIC, State of New York � """� 44 L?- No. 31-6912125 NOTARY PUBLIC, State of New York Qualified in New York County at Large Commission Exoires/l�'(r r,'Q'i • �G�LLu� Hir"SLhf��: (Name of Notary Public: Print, Stamp, or Type as Commissioned) (✓) Personally know to me, or ( ) Produced identification ) DID take an oath, or (XX) DID NOT take an oath. 5 Wsue.wpd 0 EXHIBIT "A" A portion of Fort Lauderdale Truck Farms Subdivision of Section 10, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida. 0 ISNW.Bm r� LJ cy 0 EXHIBIT "B" A portion of Fort Lauderdale Truck Farms Subdivision of Section 10, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida, as being more particularly described as follows: Commencing at the Southwest corner of said Section 10; thence N-00000'56" W, along the West line of said Section 10, a distance of 1651.10 feet; thence S 89°01'23" E, along the Westerly extension of a line that is parallel with and 220 feet North of, as measured at right angles to, the North line of THE MAINLANDS OF TAMARAC LAKES, NINTH SECTION, according to the Plat thereof as recorded in Plat Book 67, Page 48, of the Public Records of Broward County, Florida, a distance of 395.01 feet to the Point of Beginning of this description; thence continue S-89 °01'23" E, along said line of THE MAINLANDS OF TAMARAC LAKES, NINTH SECTION, a distance of 11.00 feet; thence N- 00000'56" W, parallel with the West line of said Section 10, a distance of 104.00 feet thence N-89001'23" W, a distance of 11.00 feet; thence S-00000'56" E, parallel with the West line of said Section 10, a distance of 104.00 feet, to the Point of Beginning. Said lands situate, lying and being in Broward County, Florida. C� cc-- IMISIT " S" is • C] ENGINEERS SURVEYORS PLANNERS 2200 PARK CENTRAL BLVD. N. SUITE 100 POMPANO BEACH. FL 33064 (305) 074-2200 o 171- N THIS SURVEY X., 61.1 STOW •[31 CO M MI AC I A L 8LVC- Locat n Map NOT TO SCALE 60.01, N rry C wEsr M 60.01, I J �I I OFF.' ply QUA 20 Ingress & Egress Easement 40' N89'O1'44"W PUT UMITS r /.5' MI 94, ,15-- PLAT UMITS LEGAL DESCRIPTION:15.00 UTILITY EASEMENT THE WEST 15 FEET OF PARCEL 'A', HANK OF TAMARAC, ACCORDING TO THE PLAT THEROF, AS RECORDED IN PLAT HOOK 82 AT PAGE 7, PUBLIC RECORDS, BROWARD COUNTY, FLORIDA. SUBJECT TO EXISTING EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY. NOTES: NOT A SURVEY 1. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 2. CCL CONSULTANTS, INC's CERTIFICATE OF AUTHORIZATION No. 5610. IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 3. BEARINGS ARE BASED ON THE NORTH LINE OF THE PLAT OF "BANK OF TAMARAC"; SAID NORTH LINE HAVING A BEARING OF NORTH 00-01'23" WEST REVISIONS DATE BY UTILITY EASEMENT nF/7i/47 nMF SCALE: 1" =40' P.B.= Plat Book B.C.R.= Broward County Records r Gregory S. Mire, P.S. . PROFESSIONAL SURVEYOR & MAPPER #4437. STATE OF FLORIDA DATE DRAWN CHECKED 05/23/97 BY DIMS BY GSM SB9'[ �I 0 v N N tp M t N In Q0 0 z