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Home My WebLink AboutCity of Tamarac Resolution R-98-270Temp. Reso. #8368, August 25, 1998 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- . �7C" 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 LEF/TAMARAC, LIMITED, A FLORIDA LIMITED PARTNERSHIP, FOR THE WALGREENS TAMARAC PROJECT, LOCATED ON THE NORTHWEST CORNER OF COMMERCIAL BOULEVARD AND NW 64T" AVENUE, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the Walgreens Tamarac Project located on the northwest corner of Commercial Boulevard and NW 641h Avenue, (attached hereto in map form as "Exhibit 1 ") was approved by City Commission on March 25, 1998; and WHEREAS, the development of the Walgreens Tamarac Project required the installation of the Water Distribution and Sewage Collection System; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution and Sewage Collection System required to serve the Walgreens Tamarac Project; and Temp. Reso. #8368, August 25, 1998 2 WHEREAS, LEF/Tamarac, Limited, a Florida Limited Partnership, as the owner of the property has offered the "Tamarac Water and Sewer Utility Easement" for water mains, water services, fire hydrants and sanitary sewers; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Walgreens Tamarac 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 LEF/Tamarac, Limited, a Florida Limited Partnership, for the Walgreens Tamarac Project required for the installation, maintenance and operation of the Water Distribution and Sewage Collection 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: The appropriate City Officials are hereby authorized to accept and execute a "Tamarac Water and Sewer Utility Easement" (attached hereto as "Exhibit 2") with LEF/Tamarac, Limited, a Florida Limited Partnership, for the Walgreens Tamarac Project, located on the northwest corner of Commercial Boulevard and NW 64`h Avenue, to allow legal access by City Utility Personnel in performing their duties, including utility installation, maintenance and operation. SECTION 3: The City Clerk is hereby authorized and directed to record said Agreement in the public records of Broward County. Temp. Reso. #8368, August 25, 1998 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 '�'--3day of ..; ATTEST: ROL GOLD, CMC/AAE CITY CLERK I HE BY CERTIFY that I have apprbeqthis RESO TION as to,fornh. fi MITCHELL q.T CITY ATT N iR/tk 61 JOE SCHREIBER MAYOR RECORD OF COMMISSIOA VOTE MAYOR SCHREIBER DIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF bIST 4: COMM. ROBERTS_ EXHIBIT 1 TEMP. RESO. # 8368 / / r / / 62 ST a r w 61 ST 3 i W 60 CT �- /'" 59 ST 59 ST S8 % ] a Sr ] % ] r 58 ST g ¢ ti 3 `�' a, // D ¢ 3 W a57 DR , ,D D u) D n MA NLA DS SEC 8 57 CT LAND SEC, 10 57 ST J LD aMARKETPLACE w z QLl<1 ~ ¢ ¢ ¢ 24 qF W� Q� Q z� Q � Q C3 uW TAMARAC ]o <oa a�� Ao- a� C❑MMERCIAL BLVD (CO RD. 870) SITE LOCATION (62 ST) _ BAILEY RD _ z LAND C, 11 Li Li BER DA \WZ a C❑NDID S� Q \\ N. 57 CT a FAITH BERMUDA t(u, UNITED �¢CLUB CHURCH THE a M 57 ST FgUNTAINS W ¢ a z CQ APARTMENTS Li d w n.6 rL a o THE FOUNTAINS CORP. CEN. 3a xa y WHITE OAK C Li W a 56 ST y o Ll V y 3 a � Q Q W WATER y OAK C y y y y y V` y y W QAK DR y y y Grp Lj ¢ V y y y ID y y 4 4 y WALGRE64.DWG WALGREENS 64/COMMERCIAL WATER AND SEWER UTILITY EASEMENT AU9 le.—Wc► ra, im-*viria J7&+ wow d+L-oul t-.uL "EXHIBIT 2" TA ARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: walgreens Tamarac NAME OF PROJECT On this 12 day of August 1998 ,that i✓ �'m c,(c, cl ud . t- ; b LEF (� _ " c-:r having an address of v�1cC 1 _ ,CE 6 ri q- .331 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 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 Aug—ie—yes uo: arra L_ers vP-% P. r-d isui—r iviia 70= •+=vi r.u-a 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. 9B0605 2 Water and Sewer VUlity Easement ' AUg--lt-Wo VC?:O1Ia L-QrMlp'%MM rra Im-AA11-0 ub4 9bw 4VU1 V.U4 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Oltn Type Name -, r- Ll . 0 t 1, iia Witness Type Name STATE OF FLORIDA SS COUNTY OF (GRANTO Type Nam ltie LG,, . Ro ` 11 OF Lei!-/ Ie,,"VarciC. Ltd., Q rL. lbeci k,' r*.srkP by: LEr�� lG. vlCirC, c, 1,1c.j a PL. cc:: Porn h one i t;s5en, p',f,6* Type NameJTitle 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 Q:'ly j P L—r icrl'nG ,,i V P _ to me known to be the person(s) described in and who executed the foregoing instrument and .._acknowledged before me and under oath that �,_ executed the same. WITNESS my hand and official seal this I day of 199T . � � NORMA A rw4Lt]f1//4R �� My Comm Exp. irlQftlQ rR rarrw+r ed � SerYlcr kM ru��o �. CClfe46iT warn (� arMr go ( personally known to me, or ( ) Produced Identification ( ) DID take and oath, or ( NO ARY PUBLIC,'St`ate of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 980605 3 Water and Sewer Utility Easement 'Aug-jZ--::#ti U=:aiia LcrMAAMc ra ttn—sairw 9b4 9ft9 4901 P.05 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST Type Name �_ r Corporate Secretary (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF L%qmL Lilt - GRANTOR / By_ . Z4 Type Name fJ 1 + Vr President V F LE-�C ( T4mG.ML, Ltci., C; 9-L, LL-J• Rar rsn:r bb: LEF1 rGMrCo':., 1nC.,Fl .tscr�um jictl, �� 9�f1. Grb1Pr 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 DQv� .t A . ri i ur1.r n It. P . to me known to be the person(s) described in and who executed the foregoing instrument and 'rye acknowledged before me and under oath that I- E executed the same. WITNESS my hand and official seal this IQ day of 1 A u t_ 199 r/ . o� •<-NattMn � sn�atv,� � MOYA1�� $(♦fyft;d Ina wwo �S�I6Y7 w+an. I) oh.► � a ( ✓f Personally known to me, or ( ) Produced Identification ( ) DID take and oath, or ( N TARY PUBLIC, State bf Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 980605 4 Water and Sower Utility Emment IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: A `T: —t— <� �� '�' � Robert S. Noe, Jr. City Manager ATTEST By: �F Carol Gold, CMCOVE City Clerk STATE OF FLORIDA SS ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jo chreiber Mayor C By: 1 l �—T . Noe, Jr. Manager Date: as to itchy . Kraft, ty A torne S l� 0 COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State pforesaid and in the County aforesaid to take acknowledgments, personally appeared Joe, -SrA 6 b -* o +S.Jr. to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of 199 F . (V"�) Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large OFFICIAL NGTARYSFAL MARION SWENSON NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC6055215 ._MYCOMMISSION FXP.I1FC Irlf 10 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or (✓j DID NOT take and oath 980605 5 Water and Sewer Utility Easement I�u9-1e-moo .,ca_�.,. tiL.�'�•�MKI� r-ea ��-r► ria yo4 �n� ■+hut r.Ulf Asst . IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: By; A. A- Type Name Linda M. Dra os Corporate Secretary (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF Broward ; M T GE By: Type a e Jeffrey S..Chiger, Senior Vice 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 acknowledgments, personally appeared Linda M. Dra o eW me known to be the person(s) described in and who executed the foregoing instrument and the acknowledged before me and under oath that they__ executed the same. WITNESS my hand and official seal this 13th day of August 199 8 . (xx) Personally known to me, or ( ) Produced Identification (xx) DID take and oath, or ( NOTARY PUBLIC, State of Florida at Large ti :i ETHEL RIALS MY COMMISSION # CC b70511 `s"�' WIRES. Ai*W 19. 2000 Ethel Rials y'j• (Name of Notary Pu or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 980605 6 Water and Sewer Utility Easement EXHIBIT "A" I I ; = " U rn- I CIDv O a m 71 15' Landscope B n ?N � .� i fill} �0�(!( iQI 293.00' r. 00.00'16" w r ____ 10 Londseade Buffer N.W. 64TH AVEWIJE u lr �pN .1P � V ` o rr ; _ c� [[ I I t i 4 jis L L L LCL T C i y 7 7f • y r r. [ k p qX z"or I I t 1 1 41 N tV I 'i I 'A-.. a 6401 Commercial Blvd. if's Tamarac Florida DESCRIPTION — Utility Easement A portion of Parcel A, G.M.F. Subdivision, according to the Plat thereof as recorded in Plot Book 85, at Page 50 of the Public Records of Broward County, Florida, being more particularly described as follows: BEGINNING at the Northwest corner of said Parcel A. thence, South 89- 01' 23" East, along the northerly line of said Parcel A and the southerly right--of—way line of Northwest 57th Street, a distance of 15.00 feet; thence, South 00' 00' 16" East. a distance of 215.40 feet; thence, North 89' 59' 44" East, a distance of 62.15 feet; thence, North 00' 00' 16" West, a distance of 6.00 feet; thence, North 89' 59' 44" East, a distance of 21.18 feet; thence, South 00' 00' 16" East, a distance of 21.00 feet; thence, South 89' 59' 44" West, a distance of 83.33 feet; thence, South 00' 00' 16" East, a distance of 62.60 feet to a point on the southerly line of said Parcel A and the northerly right—of—way line of Commercial Boulevard (State Route 870); thence, North 89' 01' 23" West, along sold line, a distance of 15.00 feet; thence, North 00' 00' 16" West, along the westerly line of said Parcel A, a distance of 293.00 feet to the POINT OF BEGINNING. DESCRIPTION — Access Easement A portion of Parcel A, G.M.F. Subdivision, according to the Plat thereof as recorded in Plat Book 85, at Page 50 of the Public Records of Broward County, Florida, being more particularly described as follows: Commencing at the Northwest corner of said Parcel A; thence, South 89- 01' 23" East, along the northerly line of said Parcel A and the southerly right—of—way line of Northwest 57th Street, a distance of 53.04 feet to the POINT OF BEGINNING; thence, continuing South 89' 01' 23" East, along said line, a distance of 15.00 feet; thence, South 00* 58' 37" West, a distance of 8.65 feet; thence, North 89' 01' 23" West, a distance of 15.00 feet; thence, North 00* 58' 37" East, a distance of 8.65 feet to the POINT OF BEGINNING. --------------- ----------------- Manuel A. Gutierrez Professional Surveyor & Mapper Fla. Reg. # 4102 SURVEY SOUTH INC. 101 SE 6th Avenue Delray Beach, FL 33483 561-276-7341 SHEET 1 OF 2 SEE SHEET 2 FOR GRAPHIC DEPICTION scale NOT TO SCALE SHEREMETA ASSOCIATES, INC. datejob no. 3/24/98 EXHIBIT 91 Bto ` CONSULTING ENGINEERS 95132.902 I� Iona planning • �nglnMrYq wrwyinq NORTHWEST CORNER PARCEL A, G.M.F. SUBDIVISION P.O.B. UTILITY EASEMENT P.O.C. ACCESS EASEMENT N.W. 57TH STREET P.O.B. ACCESS EASEMENT A - 8WO1'07" R = 25.00' 1S 0001'23"E �.00 T - 24.58' _ S89'01'23"E L = 38.84' 53.04 272.43 8.65 8.65 �00.58'37'E 15.00 S00.58'37'W N89 01 23 W ACCESS EASEMENT N 0 0 O 0 m m 15.00 N89.01'23'W 15' UTIUTY EASEMENT PARCEL A, G.M.F. SUBDIVISION N o (PLAT BOOK 85, PAGE 50) N o io O .; f'1 6.00 N00.00'16'W 62.1500 N89'59'44'Eoo83.33o tN89*5W'44'E Ila S89.591441W r� SHEET 2 OF 2 SEE SHEET 1 FOR DESCRIPTIONS P.O.C. DENOTES POINT OF COMMENCEMENT P.O.B. DENOTES POINT OF BEGINNING N89.01'23"W 271.57' 0 = 90*58*58" R = 25.00' COMMERCIAL BOULEVARD T = 25.43' L = 39.70' scale i" ¢ 30, date 3/24/98 EXHIBIT "B" Job no. 95132.902 SHEREMETA ASSOCIATES. INC. CONSULTING ENGINEERS land planing • engw4oring • & r vin9