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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 f] 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 EXHIBIT 1 • lll,mr. ICLiU. # U43W /• CTR55 j 79 ST W z ¢ Q �N ^ ^ a TR56 78 CT ¢ w W w W W �ByST rHf / AVAL❑N ^ o v w •W❑ODMONT y PINES CIR % ESTATES TPL w _j 78 CT COUNTRY w W W w= W y C(yUB W > 78 ST w w W W w W W _ %/ THE HE CENTRE �W W a z W z W❑❑DM❑NT _ u, es� Li > W W W TR74 OO� 77 Sr W i w W W w W W w C A. % TAMARAC W w W w q w S. w w W Z 4 Q (� Q / 4i ELEM SCHOOL �4PCK 75W / n � 13 AL PALM ^ / Q q� t W L T¢ C]R _ / 4 y SIL 73 E % TAMARAC PARK S.BELL CD a. (�O Cr / C� 76 ST f+PAL* �-M TR75 7 W A 7 $r TOWN PLAZA n> v ^ Q751 n W W Rf_ ST L W "0 qsf 'ENVIROplMENTAL�Yj/ GREENBRIAR W � � W w WRODMON7 W r r LLf 73 ST i j j ji/j j W W r r^/ TAMARAC MED. W y y UNIV. UNIV. CTR Z PICCADILLY 72 CT // f r i' ___"D W W W w ST J ^/i MED CTR W❑SP• 72 ST 72 ST A � lN� 0 � w t►BF' 3 K1 71 CT QQ�� w W R7213 j PARK WOODMONT F W w // j / 7 71 CT a PLACE SQUARE J9 W ��v // / THERAPEUTIC w W W CT m 71 ST a v W w ENpO > % TR72C ACAD MY WINN DIXIE w �w� TR72A CD,HILLS PIN APP E PK OD r- BAK �0 ❑ 70 ST _ Aca 7. 70 CT WENDY'S N. AMER. z0,o w��w Ist UNIDN ALBERTS❑N 04= ¢ aJ a ro� w } w z Y % w z �v~i WppDM❑NT WQ[IDMI]N7 ALL SAINTS z Q �Z PLAZA LUTHERAN as ww COMMONS BANK NATIONS SHELL V) J 3 BANK WSITE w w W McNAB ROAD BANK TEXACO TAMARAC LOCATION W W W CONCORD VILLAGE PLAZA V W W 'Wpp W w W w Al LA �' W W W W w w W W W w W UNIVERSITY W W W W W TS. W W W W W W W W y w COMMONS, SANDS P❑INT �\ '•`Y\ W y w wCA W w W NNaNGAT W W w BELLE W w W GQ�N� TERRE > W W N C w \ w Or a j'P w w y TAMARAC a W N w VEPSAILLES GARpENS w w ^ MEDIAI_ARC.DWG 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 q ,s' z g ptiw L] p L V // ll C /1 /, q w 35 B L 0 C K __-IOO,pt B U l L O/ N ----5 F-T B A C K g L 0 T 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