HomeMy WebLinkAboutCity of Tamarac Resolution R-98-350Temp. Reso. #8439, November 3, 1998 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98 - 3-'()
A RESOLUTION OF THE CITY COMMISSION TO
AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO
EXECUTE A "TAMARAC PUBLIC UTILITY EASEMENT"
WITH MEDIAONE OF GREATER FLORIDA, INC., FOR THE
MEDIAONE/ARCHIBALD SITE PROJECT, LOCATED ON
MCNAB ROAD BETWEEN NW 80`h AVENUE AND NW 84"
AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the development of the MediaOne/Archibald Site Project located on
McNab Road between NW 801h Avenue and NW 841h Avenue, 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, MediaOne of Greater Florida, Inc., as owners of the
MediaOne/Archibald Site Project, have offered the "Public Utility Easement" (attached
hereto in map form as "Exhibit 1 ") for utilities; and
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed; 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 authorize the
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Temp. Reso. #8439, November 3, 1998 2
appropriate City Officials to accept and execute a "Tamarac Public Utility Easement" with
MediaOne of Greater Florida, Inc., for the MediaOne/Archibald Site Project located on
McNab Road between NW 801" Avenue and NW 84" Avenue, 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 "Tamarac Public Utility Easement" (attached hereto as "Exhibit 2")
with MediaOne of Greater Florida, Inc., for the MediaOne/Archibald Site Project located
on McNab Road between NW 80t" Avenue and NW 84t" Avenue, 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.
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:
passage and adoption.
..;
Temp. Reso. #8439, November 3, 1998 3
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this�day of ,
ATTEST:
CAROL GOLD, CMC E
CITY CLERK
I HERE CERTIFY that I have
apprgVed his RESOLUTION as
to f m. /i /'/
TR/krslmg
1
MITCHELL S.4CRAiFT
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMIS
MAYOR SCHREIBER
DIST 1: COMM. MGKAYE
DIST 2: V/M MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
U4110
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MEDIAONE/ARCHIBALD SITE
PUBLIC UTILITY EASEMENT
"Exhibit 2"
TAMARAC PUBLIC UTILITY EASEMENT
FOR: Mediaone - Archibald Site
NAME OF PROJECT
This PUBLIC UTILITY EASEMENT made this 5 day of
199Z by mediaone of Greater Florida Inc. having an address of
141 N.W. 16th Street, Pompano Beach, FL 33060
(hereinafter "Grantor"), and 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"). (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:
• WHEREAS, Grantor is the owner of that certain real property located in Broward
County, more particularly described in Exhibit A attached hereto, (hereinafter referred
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.
980605 1 Public Utility Easement
LJ
•
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
EASEMENT DESCRIPTIONS TO THE CITY OF TAMARAC
EXHIBIT "A*
TAMARAC PUBLIC U11LITY EASEMENTS
THE NORTH 12.00 FEET OF LOT
10,
BLOCK 35,McNAB COMMECIAL
SUBDIVISION NO.
2, ACCORDING
TO
THE PLAT THEREOF AS REC-
ORDED IN PLAT
BOOK 73, PAGE
28
OF THE PUBLIC RECORDS OF
BROWARD COUNTY,
FLORIDA.
CONTAINING 1,200
SQUARE FEET OR
0.03
ACRES MORE OR LESS.
TOGETHER WITH
THE SOUTH 12.00 FEET OF LOT 10, BLOCK 35,McNAB COMMECIAL
SUBDIVISION NO. 2, ACCORDING TO THE PLAT THEREOF AS REC—
ORDED IN PLAT BOOK 73, PAGE 28 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA.
CONTAINING 1,200 SQUARE FEET OR 0.03 ACRES MORE OR LESS.
MORGAN & EKLUND, INC.
PROFE8810NAL SUFNEY GC UBULTAM
8745 U.S. HIGHWAY 1
P.O. BOX 1420
WABASSO, Fl. 32970
PHONE: (561) 388-5364
FAX: (561) 388-3165
1500 S.E. 3RD COURT
SUITE 203
DEERFIELD BEACH, FL 33441
PHONE: (954) 421-6882
FAX: (954) 421-0451
SHEET 1 OF 2
CERTIFICATE OF SURVEYOR - I HER£RY CERTIFY
THAT THE DESCRIPTION SHOWN HEREON MEETS
THE MINIMUM TECHNICAL STANDARDS AS CON-
TAINED IN CHAPTER d I G 17-6. FLORIDA ADMIN--
IsrRAm CODE.P NI TO rZZ�027.
FLORI ATUT r-
RONALD 8. EKLUND, PLS
REGISTERED LAND SURVEYOR No. 2559
STATE OF FLORIDA
C&JMISSION No.
3818.02
DATE
8/26/98
W. 70 t h STREET
20' A S P H A L T 0 R 0 A 0 WAY 20' A S P H A L T ROADWAY
Nap 12' CONC. HEADER CURB
---Fprr o1�e�oi�so' 1i�%00s ASPHALT APRON
- _ - ------ --- —��---5_CONC._WA[K _--_
100.00" —
12' TAA RAC PUBLIC Uncm CAS JcFF ---
£NF I30.00-----
____________________TWX1NF. LbYQN7p I1,200 SQUARE FEET +/- OF BLOCK 3B 1
N. I2' OF LOT 10. BLOCK J5
sour �
----�_
54' B U I L ------- ----_ __
D/NC SETBACK L /NF----------
L 0 T
L 0 T
10
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35
B L 0 C K
__-IOO,pt B U l L O/ N ----5 F-T B A C K
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11
BL 0 C K
35
tr1
L-1 N E-----------------
35 a SKETCH OF DESC;R F`T lONS
EXHIBIT 'A' ,p SHEET 2 OF 2
SCALE 1 " = 50'
1,200 SQUARE FEET +/-
S. 12' OF LOT 10, BLOCK J5 �
-------------------------
12' TAA4IRAC PUBLIC UTIUTI' EASEMENT
-- -- 5 ASPHALT 14AV - -* s
Er
CATCH BASYI
CONC. WALL
srr
L. A /� _ 130.00"
ST CONC. WALK-f •-------------
A S P H A L T A P R 0 N
p1� 1-12' CONC. r/EAOER CURB
4i 25' AS PHAL T vo ROADWAY
_ C—NA B ROAD,
- SOUTH LINE SECTION 4, TWP, 49S., RGE'. 41F. ~� T106' RAWff OF WAY
MORGAN & EKLUND, INC. 8745P.O. BOX 1 1420Y ' 1500
51.117E 2D03 °"RT 02No,
WABASSO, FL 32970 DEERFIELD BEACH, FL 33441
MF'E8810NAL BURVEY UON&xTAm PHONE: (561) 388-5364 PHONE: (954) 421-6002 DATE
FAX: (561) 388-3165 FAX: (954) 421--0451 8126198
11
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
By: �v-�__ZZ�22
Na
Type Name John A. Waksmunski
Corporate Sx2jadn Assistant
Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF DUVAL
GRANTOR
By:
Type Name Nancy Powell
VicePresident, marketing
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 John A. Waksmunski and NanSX PoweA(b me known to be the person(s)
described in and who executed the foregoing instrument and they acknowledged
before me and under oath that they executed the same.
WITNESS my hand and official seal this 28th day of _September__
199 8
•
.';�l ...W, DAPHNE L PADGETT
MY COMMISSION M CC 725390
EXPIRES: April 16, 2002
BOnded Thru Notary Publie Underw"ws
(xx) Personally known to me, or
( ) Produced Identification
� h a A " �1 P',
NOTAR PUBLIC, State of rids
at Large
Daphne L. Padgett
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take and oath, or (xx) DID NOT take an oath.
980605 4 Public Utility Easement
•
A T:
RobPanagger
oe, Jr.
City
ATTEST:
Carol Gold, CMC/AAE
City Clerk
STATE OF FLORIDA
n : SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
JoegAreiber
Mayor
Date:
hS
�a-
By:
�[
Rob
. Noe, Jr.
City anager
Date:
c�
5 tS
App v
B
as to for
4tcheIVS. Kraft,
City Attorney
COUNTY OF :
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
foresaid and in the County aforesaid to take acknowledgments, personally appeared
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 l day
1999 .
( Personally known to me, or
( ) Produced identification
NOTARY PUBLIC, State of Florida
at Large
OFFICIAL NOTARY SEAL,
MARION SWENSON
NOTARY PUBLIC STATE OF FLORIDA
(NameR�
or Type asCommissioned)
Type of I.D. Produced
( ) DID take and oath, or ( -DID NOT take and oath
980605
5
Public Utility Easement
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I,--Nancy1,--Nancy Powell do hereby affirm that I am the Vice President
of MediaOne of Greater Florida, Inc'. 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 FFIANT SAYETH NOT.
r �
(Signature)
This 28 day of September , 199 8
STATE OF FLORIDA
SS
COUNTY OF DUVAL
• 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 Nancy Powell to me known to be the person(s)
described in and who executed the foregoing instrument and she acknowledged
before me and under oath that she executed the same.
WITNESS my hand and official seal this 28th day of September
1998
DAPHNE L. PADGE77
My COMMISSION # CC 725390
P EXPIRES: AP6116, 2002
of Banded Thru Notary Public Undarwritere
(x ) Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large
Daphne L. Padgett
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
0 ( ) DID take and oath, or ( x) DID NOT take an oath.
980605 7 Public Utility Easement