HomeMy WebLinkAboutCity of Tamarac Resolution R-98-3391
1
1
Temp. Reso. #8322, June 22, 1998
CITY OF TAMARAC
RESOLUTION NO. R-98-2.39
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 MCDONALD'S CORPORATION FOR
THE MCDONALD'S CORPORATION PROJECT, LOCATED
ON THE NORTHWEST CORNER OF COMMERCIAL
BOULEVARD 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 McDonald's Project located on the northwest
corner of Commercial Boulevard and University Drive (attached hereto in map form as
"Exhibit 1 ") was approved by City Commission on July 8, 1998; and
1
WHEREAS, the development of the McDonald's Corporation 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 McDonald's Corporation Project; and
WHEREAS, the McDonald's Corporation, as owner of the property, has offered the
"Tamarac Water and Sewer Utility Easement" for water mains, water services, and fire
hydrants; and
1
11
1
Temp. Reso. #8322, June 22, 1998 2
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the McDonald's Corporation 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 McDonald's Corporation for the
McDonald's Corporation 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 McDonald's Corporation for the McDonald's Corporation Project, located
on the northwest corner of Commercial Boulevard 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.
1
I�
l
Temp. Reso. #8322, June 22, 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 aS day of ,
..;
ATTEST:
CA - L GOLD, CMC/AAE
CITY CLERK
HEREBY CERTIFY that I have
approv^this RESOLUTION as
to forph. I B i`
TR/dav/mg
MITCHELLES.FT
CITY ATTOKWEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR
_CSC 'FIBER
DIST 1:
i_,A,bii ._Pk,KAYE
DIST 2:
V/j p
DIST 3:
Gr,r0hl._SU`L'F','kN01.
DIST 4:
COMM. 1--i'OL31ERT y
0 Temp. Reso. #8322, June 22, 1998 1
CITY OF TAMARAC
RESOLUTION NO. R-98-2399
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 MCDONALD'S CORPORATION FOR
THE MCDONALD'S CORPORATION PROJECT, LOCATED
ON THE NORTHWEST CORNER OF COMMERCIAL
BOULEVARD 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 McDonald's Project located on the northwest
corner of Commercial Boulevard and University Drive (attached hereto in map form as
"Exhibit 1 ") was approved by City Commission on July 8, 1998; and
WHEREAS, the development of the McDonald's Corporation 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 McDonald's Corporation Project; and
WHEREAS, the McDonald's Corporation, as owner of the property, has offered the
"Tamarac Water and Sewer Utility Easement" for water mains, water services, and fire
0 hydrants; and
Temp. Reso. #8322, June 22, 1998 2 •
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the McDonald's Corporation 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 McDonald's Corporation for the
McDonald's Corporation 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 McDonald's Corporation for the McDonald's Corporation Project, located
on the northwest corner of Commercial Boulevard 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.
C:
•
0
Temp. Reso. #8322, June 22, 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 c day of ,
..;
ATTEST:
CA L GOLD, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
approved -,this RESOLUTION as
to form'.
TR/dav/mg
MITCHELL`S,
CITY ATTO
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR
_ QC!-" F!BER
DIST 2:
DIST
EXHIBIT 1
TEMP. RESO. # 8322
COMMONS
7 ST
BELLE
3
a
r:
GpWNY �\�
TERRE >
OF
v
66 ST
�!p
¢
TAMARAC
K
N
y
n
MAINL
NDS S 15,
�\
LJ
65 ST
/ j•
UNIV.
64 Cl
\\
y N\�� W
7
SH❑PPES
❑ECS.
64 ST
g /
Y W .1 i •Y � W
EGAN
cr-
q PLAT >
w r
w
¢
¢
63
IEW bR, \\
o
n
¢
CT
0
n
n
n
cy-
63 ST
62 CT
/ HUMB
WATER
ILLAGE
QUARE
W
> SAINT
, -
62 ST
PLANT
SITE�/
�,
MALACHY
J❑HN
H❑ERN
Laa
n
n
¢ ¢
�-
3
]
(EDGEW
61 ST
TER)
CURTIS
61 ST
Q
rl
p
f'l
)-
FIELD
NATIONS
m
co
con
I
PLAT
BANK
60 ST 74 / .
r•
r•
n
n
LAND
SEC. 10
�'
ATERSID
60 ST
59 ST
EARTLAND
C' N
%
W
i
Cl
a
U
cy
z
Q
W
64 ST
63 CT
63 ST
62 STw
¢ ¢Lj
n°o
DS SE 10
—� �.n
f
74. \ 9L
OF¢
58 CT 7
]
>
S$
TAMARAC
in a
¢
¢
¢
MIDWAY
PLAZA
o�uj
n 58 ST
n
58 ST
¢
BLOCK
❑4�
57 PL
BUSTER
BIG LOTS
MAI
4L
D
SEC 9 a
UNITED
BAST❑N
PLAZA
57 DR
X57
STATES
CHICKEN
�57 CT
57 CT n
POST
z
OFFICE
A
57 ST
Q
W
z. 4 UW.�
}
¢ r } pJ
YC
ZO
ZJ Q
W¢ a
>
¢
WO
l7Z
WW
J
�¢
0�
z CiCL
NP¢0 ¢¢
z Np LJJ
W aPq ¢W
caW Ax
Aw ¢
Ogled
lx
DX
=Ca
~0.
a8W
n
V
J r Pq
Ql7C.lpF"'
;BL
n
f.GW__
t.7Z
— —C❑MMERCIAL
D
(CO RD. 870)SITE
LOCATION
LAUDERHILL
J
=A
W �
W
a
0
z
McD[]NcoM.DWG
C�
•
McDONALD'S CORPORATION
WATER AND SEWER UTILITY EASEMENT
"Exhibit 2"
• TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR: "Ol""D'S TMOUPAC REM11D WC: 009-0275)
NAME OF PROJECT
On this J92" day of Ley , 199f, that
MEDMOUM MEN II�s"rATE Icn, m ILLI'1�10.-
°0�00a�SUC=S= IN � To MEN
an address of CMMKMMCK
O116 VICIDOULIM PLAM, OAK IRIM, IL 60523
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
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, 0
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.
11
980605 2 Water and Sewer Utility Easement
.IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTES
:>. G TOR r:
.,
4�` 4 .!'C:',`'"•r. ) .�'�;`GC jai G;".',:�
By:a: ,V. ,
Type Name `:° Type Name ; y„' "".'J
Howe Off for � :� , Assistant Vice Presid4','*_
(Corporate Seal)
ILLMrs
STATE OF FZC== :
SS
COUNTY OF napA
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(:ath tna A. Griffin
Assistant Vice President & !martin w. chw= to me known to be the person(s) described in and who
cis Office
executed the foregoing instrument and *ham edged before me and under oath that _
they executed the same.
WITNESS my hand and official seal this . iarb1998 __ day of hr
1,e� e�&A�e
OTA
Y
OFFICIAL SEAL
SHIRLEY A- COLLINQI
(NamJNOW
Sta '
( _) Personally.know to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (x ) DID NOT take an oath.
0 961014
3
Wsue.wpd
ATTEST:
By:
Rob S. oe, Jr.,
City Manager
rr011*-15
By: Ls
Carol Gold, CMC/AAE
City Clerk
STATE OF FLORIDA
SS
COUNTY OF UcW69b
ACCEPTED BY CITY OF TAMARAC
GRANTEE 0
.- : - .
Mayor
Date:
By: AW71 � �i A r
-.J*oe,
City Manager
� r
Date:
� � •
as to form.
Utchetl" S. Kraft;
City Attorney
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
Jae Sc .hireLr, M.Y►- + i m f#emaa rk�;- C��,�._ 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.
199��.
WITNESS my hand and official seal this L day of �66:-, �
MAR10% SWENSON,
N(YrARY I'l.' 1-1( STATE OF FLORIDA
UytMl5S10N \0. CC605215
v1 t COML1I551UN F.XP. DEC. 15,2000
Personally known to me, or
) Produced identification
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
•
Type of I.D. Produced
( ) DID take an oath, or ( -rDID NOT take an oath. •
961014 4 Wsue.wpd
AFFIDAVIT SHALL -BE QQMPLEJED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I Sather, -.,Griffin do hereby affirm that I am the vice President of
McDonald's corporation, a Delavare corporation and that I have executed a
Tamarac Utilities Water and Sewer Easement with the City of Tamarac for T T. Rcwjia
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.
This 9t'' day of November
STATE OF iris
SS
COUNTY OF D°PRM
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the
State aforesgig&Aiq tl&,�Mnty aforesaid to take acknowledgments, personally
appeared to me known to be the person(s)
described in and who executed the foregoing instrument and sm acknowledged
before me and under oath that sm executed the same.
1991, WITNESS my hand and official seal this 9tb day of ummum ,
�.MIMI~MaM/H�MMM nN�''J�MnMM
CFFICIA L SEAL '
!'IARYLYN, G ROC)GSRS
.' 1r£ OF ILL.NOiS
(") Personally know to me, or
( ) Produced identification
NOTARY B C, State o 11is
at arge
Gr
(Name tary Public: Prin
Stamp, or Type as Commissioned)
Type of I.D. Produced
) DID take an oath, or (I ) DID NOT take an oath.
961014 5 Wsue.wpd
�.✓:�..+� � ��^i►r � �f•Y 4 - .Y^1 �•_� �•-� \,=ti�A.•Y 'µ •• i\iM� •�� :• r�'r •r�...i_ � �-"1-
.�.�-tea •�_ .-"��.xw . -Y-~ _ J����'...~�... - �' �rii.• r��.. - _ - .� .;:: ���� _
�:::�.'.' • EXHIBIT A
PARCEL 1
paraLen of Tract 16 of Port Lauderdale Truck rams Subdivision
aflSection 9, 3'cvnship 49 South. Range 41 Zant as recorded in
Plit Book 4, page 31, of the public,reeords of Broward County,
P1orida. being more particularly described as tollowsi
Co=ence at the Southeast corner of said Section 9j thence. run
North as dogwood, 59 feat. 24 inches Hest along the South line
of said Section 9 for 253.01 teat to a poisiti thence run North
0 degrees, 00 feat, 56 inches Nest parallel to the East line of
said Section 9 for -53 bl 'feat 'to *.he ROL= Z7t 9ugilntfrq =f �e
track of land hereinattei describedi thence continua North
0 degrees 00 feat, 56 issches Nast parallel to the East Una
said 56cceiea 9 for 300.00 tent to a point; tharca sus. South h8
degrees, 39 feet. 24 inches Last parallel to the South line of
said s4otion 9 tow 175.45 feat to a Point of curv'atore of c cixcular
curve, eoamsve to the southvest and having for Its eleaents a
radius of 25.o0 teat and a eantral eagle of 88.969rae8, 59'feet
2B inchesr thence rise Southeasterly along Vzo arc of said im=Ve
for 38.82 feet to a mint at tangercy, said point being 53.00
feet Rest at as measuaed at right angles to the Yast line of said
Section 9 thence run South o degrees, 00 feet 56 inches East
parallel to the Yost li:te of said Section 9 for 250.00 feat to
a point of curvature of a circular curve, concave to the Northwest
and having for its eleneats a radius at 25.00 feet and a central
angle of 91 degrees 01 feet, 32 inches, Chance suss 5onthrasterlY
along the arm at said curve for 39.72 feet to a point of taugancY,
said point beizq 53.00 feet Vorth of as measured at right -angles
to the gout, line of said Section. 9, thence run Worth 68 degrees
59 Lest. 24 inches Kest parallel to the -Gomth •ii a -of -said-Sacriao
9j�.for 174.53 feet to the point of B"ihaing, said tract of
lead lring and b•einq situated in the City of T==ac, Brcwaxd Coen.tY
p1.OXida. _
Being the sacks prepar=pp conveyed to rrsr ehisa Washy Y=terstate
Corporation, an Illinois corporation, by General Warranty
Deed from onion Oil Com1Paay4af Ca ifovnla. a Cali.foraia corporation.
dated July 23. 1975, recorded to Soak 6289. page 415, of the
afficial VAcords of 8roward'County, Florida.
t �
•
0
GRAPHIC SCALE
0 25 50 100
Nmoll
( IN FEET
1 inch = 50 M
SOUTHERLY RIGHT OF WAY
LINE OF N.W. 57th STREET
NORTHERLY LINE OF PARCEL 'A'
PLAT BOOK 135. PAGE 13
132. S8$'S9'24'E�
I
Lu
I
� Q
I � �
Lu QQ �
z �J
(� Lu Q o
Lu Q Q
(� 4 j
I
I
I .
Lvttaar-%-2rl-
132.00'
N.W. 57th STREET
POINT OF COMMENCE^ r T"
NORTHWEST CORNER TRACT A"
PLAT BOOK 86. PAGE 33
NORTHEAST CORNER PARCEL A' POINT OF BEGINNING
PLAT BOOK 135. PAGE 13 /
Lu
v
Q
CL
EASTERLY LOX-•`wEVMV LOK
PARCEL W TRACT 11'
PLAT BOOK 139. PLAT 800K ft6.
PAM 13 I PAGE 33
SO1*0O'36V
20.20'
)INT OF TERI
A-W37'S0"
R.25W
L-30.82•
A-81.01'44"
R-21W
m
y
a
t
Co
ZI
e
Exhibit. B
LEGAL DESCRIPTION
A portion of Tract "A", MCDONALD'S OF TAMARAC, according to the plat thereof as recorded in Plot Book 86 at
Page 33 of the Public Records of Broward County, Florida being more particularly described as follows:
Commence at the Northwest corner of said Tract "A",
McDONALD'S OF TAMARAC; thence SW59'24"E
along the
North
line of said Tract "A", also being the Southerly
right —of --way line of NW 57th Street for 64.37
feet to the
Point
of Beginning of the hereinafter described center
line of a 15.00 foot wide strip of land lying 7.5 feet on
each
side and contiguous with the following described
centerline; thence departing said North line of
said Tract
"A", and
Southerly right—of—way line S01'00'36'W at right angles to the preceding course for 20.20
feet to the
POINT
OF TERMINATION.
SURVEYOR'S NOTES:
— This site lies in Section 9, Township 49 South, Range 41 East, City of Tamarac.
Broword County, Florida.
Bearings hereon are referred to on assumed value of S88'59'24"E for the South right—of—way
line of N.W. 57th Street, said bearing is identical with the plat of record.
— Lands shown hereon were not abstracted for easements and/or rights —of —way of
records. — This is not a "Boundary Survey" but only a graphic depiction of the description
shown hereon.
Lands shown hereon containing 303 square feet, or 0.007 acres, more or less.
Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch # 209813-022.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on
May 13. 1998. and meets the Minimum Technical Standards as set forth by the Florida Board
of Professional Surveyors and Mappers in Chapter 61G17--6, Florida Administrative Code,
pursuant to Section 472.027. Florida Statutes.
"Not valid without the"ignature and the original raised
seal of a Florida ,Wcen ed Surveyor and Mapper"
FORTIN. LEAV�f/ SKILE�, INC.. LB3653