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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-328Temp. Reso. #8409, September 30, 1998 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98 - 3 Z A RESOLUTION OF THE CITY COMMISSION TO AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A PUBLIC UTILITY EASEMENT WITH PARKWOOD AT COLONY WEST, INC. FOR THE PARKWOOD AT COLONY WEST PROJECT, LOCATED ON THE SOUTH SIDE OF LAGOS DE CAMPO BOULEVARD BETWEEN NW 84" TERRACE AND SOUTH COLONY CIRCLE, TO ALLOW LEGAL ACCESS BY PUBLIC UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING VARIOUS PUBLIC UTILITY SYSTEMS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the development of the Parkwood at Colony West Project located on the south side of Lagos De Campo Boulevard between NW 84t' Terrace and South Colony Circle (attached hereto in map form 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, Parkwood at Colony West, Inc., as owners of the Parkwood at Colony West 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 1 r, Temp. Reso. #8409, September 30, 1998 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 Parkwood at Colony West, Inc. for the Parkwood at Colony West Project located on the south side of Lagos De Campo Boulevard between NW 84'h Terrace and South Colony Circle as required for the installation and operation of various public utilities and infrastructures. 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 Parkwood at Colony West, Inc., for the Parkwood at Colony West Project located on the south side of Lagos De Campo Boulevard between NW 84t' Terrace and South Colony Circle, 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 L_J [I Temp. Reso. #8409, September 30, 1998 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 1998. ATTEST: CAROL 6 LD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have agAr ved this RESOLUTION as TR/krs/mg MITCHELL S. Kff FT CITY ATTOR Y JOE SCHREIBER MAYOR RECORD MMIS MAYOR CHRE BER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST & COMM. SULTANOF DIST 4: QC MNi- ROBERTS VOTE EXHIBIT I • • • TEMP. RESO. #8409 y70 ST ca a+z 70 CT VI U a 7 �N a4 ¢ z j v] zo rW ©z a x w i ~� W❑❑DM❑NT a W❑❑DM❑NT o<w oox co❑E!a a iZ -j�-i a r / za ]z a PLAZA u�� vxi ti �Eca C, g0-m �� WZ / err, JW C❑MM❑NS ao v� v� x .. 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BLDG 57 ST 57 CT 57 CT NW 57TH ST x a CHEVRON z C❑MMERCIAL BLVD, ---------------------- PARKWOOD AT COLONY WEST PUBLIC UTILITY EASEMENT PARKW❑❑D,DWG "Exhibit 2" TAMARAC PUBLIC UTILITY EASEMENT FOR: '� WLM) ?hTuv,_� IA)-osT NAME OF PROJECT This PUBLIC UTILITY EASEMENT made this day of 199Z, by having an address of (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: 1101 WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred rI to as "Servient Estate"); and WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to use a portion of the servient estate. 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. 980606 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. 3. 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 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year fir above written. 0 JM r Type Name Corporate Secretary (Corporate Seal) By: ��-. Type Name W r` j 7 President STATE OF FLORIDA SS COUNTY O I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforffsqi and thy ountx aforesaid to take acknowledgments, personally appeared 1+ \ K-AA! — to me knowrl j to be the person(s) is described i and who executed the regoing instrument and cknowledged before me and under oath that executed the same. WITNESS my hand and official seal this d y of 1998 . Personally known to me, or ( ) Produced Identification NOTA PU UC, State of Florida at arg=<is:`_i3, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or ( ) DID NOT take an oath. 980605 3 Public Utility Easement C] ATTES�Tn: C� By: ! v 1 Robert S. Noe, Jr. City Manager ATTEST: - �-t By: L Carol Gold, CMS% E City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe reiber Mayor Date: / - /�-—. e}-���- By: t --- 3. F) Robert S. Noe, Jr. City Manager Date: /%- / 9- to STATE OF FLORIDA Ititchel fS",.jKraft, UCOUNTY OF &2:4 SS City Attorney ,gyp I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in X16e.-+S.x)pr,jj.. County aforesaid to take acknowledgments, personally appeared Joe S�hrei 6 . �. to me known to be the person(s) described in and who executed the foregoing instrument and 1&j acknowledged before me -aml timder oath that 4e.4 executed the same. WITNESS my hand and official seal this I I day of 7Ll�rx.�r.,• 199 e . .. ( v)` Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Larg �� r G=1.1 ,; rr• ahA I %t ' 15,2000 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or ( DID NOT take and oath 980605 At Public Utility Easement jft AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, - ► `ar ' "� `�"1['� �do hereby affirm that I am the �'���C JZT of 1L :sd; t�� and that I have executed a Public Utility Easement with the City of Tamarac for 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 22.day of , 199-a. STATE OF FLORIDA SS COUNTY OF I Hnaf EBY CERTIFY that on this day, before me, an Officer duly authorized in the Statere aid!Mggy un aforesaid to take acknowledgments, personally appeared � to me knowry to be the person(s) described in and who executed the f regoing instrument and acknowledged before me and under oath that Ae executed the same. �. 199,,WITNESS my hand and official seal this �� day of NOT RY PUBLIC, State of Florida a C AL. N0TAR SEAL PH91P L FRYBERG14 NOTARY PUB11C STATE OF FLDMA ( rint, Stamp, or type as Commissioned) Personally known to me, or ( ) Produced Identification Type of I.D. Produced • ( ) DID take and oath, or( ) DID NOT take an oath. 980606 S Public Utility Easement 49 FAIR X► KtT N LEGAL DESCft*) QN A 12 FOOT WIDE UTILITY EASEMENT LYING OVER AND ACROSS A POR71ON OF ROKEST APARTMENTS OF TAMARAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 81, PAGE 25, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS - BEGIN AT THE SOUTHEAST CORNER OF SAID ROKEST APARTMENTS OF TAMARAC, • THENCE ALONG THE SOUTHERLY LINE OF SAID PLAT, SOUTH 825306' WEST 47.00 FEET- THENCE NORTH 70654" WEST 12.00 FEET- THENCE NORTH 8253'06" EAST 40.03 FEET, THENCE NORTH 223323' EAST, 53.93 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURD (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 24J0:T6" WEST); THENCE NORIHWE57ERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 352.00 FEET A CENTRAL ANGLE OF 335027, AN ARC DISTANCE OF 20790 FEET TO A POINT OF REVERSE CURVATURE- THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 368.00 FEET, A CENTRAL ANGLE OF 1859'04' AN ARC DISTANCE OF 128.56 FEET 70 A POINT ON THE ARC OF A NON - TANGENT CURVE (A RADIAL LINE THROUGH SAID POINT BEARS NOR771 17'42'39" WEST); THENCE EASTERLY ALONG 7HE ARC OF SAID CURVE BEING CONCAVE TO THE SOUTH, HAVING A RADIUS OF 25.00 FEET A CENTRAL ANGLE OF 6077'07" AN ARC DISTANCE OF 26.30 FEET TO A POINT OF COMPOUND CURVATURE LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF LAGOS DE CAMPO BOULEVARD, AS SHOWN ON SAID PLAT, )HENCE ALONG SAND LINE AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO 7HE SOUTHWEST, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 1546'35, AN ARC DISTANCE OF 110.14 FEET TO A POINT OF REVERSE CURVATURE,• THENCE CON17NUE ALONG SAID LINE AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34Q00 FEET, A CENTRAL ANGLE OF 3547'40", AN ARC DISTANCE OF 212.41 FEET 70 THE NORTHEAST CORNER OF SAID PLAT, THENCE ALONG THE EASTERLY LINE OF SAID PLAT, SOUTH 22J3'23" WEST, 72.70 FEET TO THE POINT OF BEGINNING. SAID LANDS L YING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAINING 0.1215 ACRES (5,291 SQUARE FEET), MORE OR LESS SGRb{ KW'S NOTES I. THE UNDERSIGNED SURVEYOR HAS NOT BEEN PROVIDED A CURRENT TITLE OPINION OR ABSTRACT OF MATTERS AFFFC77NG 777LE OR BOUNDARY TO ITT SUBJECT PROPERTY. IT IS POSSIBLE THAT THERE ARE DEEDS OF RECORD, UNRECORDED DEEDS, EASEMENTS, OR OTHER INSTRUMENTS WHICH COULD AFFECT THE SUBJECT PROPERTY. 2. MEASUREMENTS SHOWN HEREON ARE EXPRESSED IN FEET AND DECIMAL PARTS THEREOF. 3. CHARLES E ROSSI, P.L.S., INC. RESERVES THE RIGHT TO U77LIZE ANY AND ALL INFORMATON OBTAINED IN THE PREPARATION OF THIS SKETCH OF LEGAL DESCRIPTION. INCLUDING THIS SKETCH, FOR ANY OTHER PURPOSES. 4.. SOURCE OF INFORMATION USED IN THE PREPARATION OF THIS SURVEY ARE AS FOLLOWS. A) RECORD PLAT EN777LED WOODLAND LAKES, PLAT BOOK 71, PAGE 16, BROWARD COUNTY PUBLIC RECORD$. 0B) RECORD PLAT £NAILED ROKEST APARTMENTS OF TAMARAC PLAT BOOK 81, PAGE 25, BROWARD COUNTY PUBLIC RECORDS 5, THE BASIS OF THIS SKETCH IS A LEGAL DESCRIPTON PREPARED BY THIS OFFICE IN CONFORMANCE WIN INSTRUCAON PROVIDED BY THE CLIENT. 6. THIS DRAWING MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE PERM1SSION OF CHARLES E. ROSSI, P.L.S., INC. 7. THIS DRAWING IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 8. CER77FICAAON HEREON IS FOR THE LATEST REVISION DATE, AND IS VALID FOR 90 DAYS THEREAFTER, 9. BEARINGS SHOWN HEREON ARE BASED ON THE RECORD PLAT EN777LED ROKEST APARTMENTS OF TAMARAC ARE RELA77VE TO THE SOUTH LINE OF THE PLAT, BEARING SOUTH 8253'06" WEST AS SHOWN THEREON. 10. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER SCALED MEASUREMENTS 11. THIS DRAWING DOES NOT REPRESENT THE RESULTS OF A FIELD SURVEY. THIS DRAWING WAS PREPARED TO ILLUSTRATE THE ELEMENTS OF THE LEGAL DESCRIPTION. 12. PARCEL 0, OF WOODLAND LAKES IS NOT SHOWN IN ITS EN77RETY FOR THE PURPOSES OF THIS DRAWING. SURYEYWIS CERMCAnom I HEREBY CER17FY THAT THE ABOVE MEN77ONED SKETCH OF LEGAL DESCRIPTION, AND THE LEGAL DESCMPTON ON WHICH IT IS BASED, IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AS PREPARED UNDER MY DIREC77ON AND SUPERVISION. I FURTHER CER77FY THAT THIS SKETCH OF LEGAL DESCRIP77ON MEETS 7HE APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYS 1N 771E ST47E OF FLORIDA (CHAPTER 61G17-6 FLORIDA ADM1NI57RA77VE CODE) PURSUANT TO SECAON 472.027, FLORIDA STATUTES CHARLES E. RQSSI, P.L.S., INC. 2RiIC�S__- ---- £ ROSSI, P.SM. - _ DATE PROFESSIONAL SURVEYOR & MAPPER FLORIDA REGISTRATION NO. 4798 REVISIONS: DATE: TITLE: SKETCH OF DESCRIPTION - 12' UTILITY EASEMENT REWSED BOUNDARY 10116198 PROJECT: PORTION OF ROKEST APARTMENTS OF TAMARAC Charles E. Rossi P.L.S. Land Surveying, Mapping and Consultant Inc. Services 10301 N.W. 50th Street, Suite 102 Sunrise, Florida 33351 Telephone No. (954) 749-4911 DRAWN BY. VALENTINE APPROVED BY: ROSSI DATE: 9f 14/98 SCALE: - DRAWING NO.: 97019AO2C SHEET NUMBER 1 OF 2 ABBREWA 11ONS B.C.R. BROWARD COUNTY RECORDS (C) CALCULATED CENTERLINE Q CENTRAL ANGLE (L) LEGAL L ARC LENGTH L.B. ` LICENSED BUSINESS (P) PLATUREO P.B. PLAT BOOK PG. PAGE P.S.M. PROFESSIONAL SURVEYOR do MAPPER R RADIUS RA RIGHT OF —WAY (rYP) TYPICAL , N 1742139" W RA 1 M6077'07" R-2100' L-26.30' 0 J0 60 120 A- 15'46'j �R-40p 00' LmWQ 14' �. 9P l 0 ti� M.3ti'4pppppp40�D Af- • :` R�J4Q� ; 4-35*50*270 R-352.00' , ty 0 L-207.90' e Il /(F �, \1. e \ SUB,E'CT PROPERTY + g - = 12' U77UTY EASEMENT (5.291 SQUARE FEET, 0.1215 ACRES) WE 06 WEST LINE (P.B. g1, PG. \°r .�C PARCEL R-2 N Q'S4~ W y \ 12.00 IN 145.3i" $ 92�.w PRIVATE INGRESpG/E25 SB R5MENT47. ro (P.B. 81, sou7NEaLY LIBOF I-AMpRAECT POINT OF BEGINNING APARIMENT' R. 5.E. CORNER OF ROKEST 4fg (P A 61, pG 25 _g•C. ) APARTMENTS OF TAMARAC (P.B. 81, PG. 25—B.GR.) PARCEL G W000LAN0 LAKES R (P.B. 71, PC. 18 '0 REVISIONS: DATE: r V!LVd�f0Uw4F1Mz-!4r ( DAL BEARING) 4+ 185904 • R--W DO' L-124L56' I^ 0'w PG. I I iI I IiI 12' U77L/7Y EASEMENT (P.B. 81, PG. 25 -B.C.R.) TITLE: SKETCH OF DESCRIPTION — 12' UTILITY EASEMENT PORTION OF ROKEST APARTMENTS OF TAMAR Charles E. Rossi P.L.S. Inc. DRAWN BY: VALENTINE SHEET Land Surveying, Mapping and Consultant Services APPROVED BY: Rossl NUMBER DATE: 9 14 98 10301 N.W. 50th Street, Suite 102 SCALE: 1" : 60' 2 OF 2 Sunrise, Florida 33351 Telephone No. (954) 749-4911 DRAWING NO.: 97019A02C C] Temp. Reso. #8409 CITY OF TAMARAC INTEROFFICE MEMORANDUM UTILITIES DEPARTMENT TO: City Manager DATE: FROM: Utilities Director RE: Recommendation: September 30, 1998 Parkwood at Colony West, Public Utility Easement Agreement A Resolution of the City Commission to authorize the appropriate City Officials to accept and execute a "public utility easement" agreement with Parkwood at Colony West, Inc., for the Parkwood at Colony West Project, located on the south side of Lagos De Campo Boulevard between NW 841h Terrace and South Colony Circle. Issue: A 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. Background: The City must accept and execute a "public utility easement" agreement with Parkwood at Colony West, Inc., for the Parkwood at Colony West Project, located on the south side of Lagos De Campo Boulevard between NW 841h Terrace and South Colony Circle, to allow legal access by public utility personnel in performing their duties, including utility installation, maintenance and operation. The Director of Utilities recommends that this easement be accepted and executed in accordance with City Code Section 10-207, which states that recorded easements shall be provided for the installation of all underground utilities facilities. TR/krs/mg ichael Woika