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Home My WebLink AboutCity of Tamarac Resolution R-98-351Temp. Reso. #8440, October 14, 1998 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- .35- / 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 MEDIAONE OF GREATER FLORIDA, INC., FOR THE MEDIAONE/ARCHIBALD SITE PROJECT, LOCATED ON McNAB ROAD BETWEEN NW 80th AVENUE AND NW 84th AVENUE, 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 MediaOne/Archibald Site Project, located on McNab Road between NW 801h Avenue and NW 841h Avenue (attached hereto in map form as "Exhibit 1") was approved by City Commission on July 8, 1998; and WHEREAS, the development of the MediaOne/Archibald Site Project requires the installation of the Water Distribution System; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution System required to serve the MediaOne/Archibald Site Project; and WHEREAS, MediaOne of Greater Florida, Inc., as the owner of the property, has offered the "Tamarac Water and Sewer Utility Easement" for water mains and fire hydrants; and Temp. Reso. #8440, October 14, 1998 2 WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the MediaOne/Archibald Site 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 MediaOne of Greater Florida, Inc., for the MediaOne/Archibald Site 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 MediaOne of Greater Florida, Inc., for the MediaOne/Archibald Site Project, located on McNab Road between NW 801h Avenue and NW 84th Avenue, 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. Temp. Reso. #8440, October 14, 1998 3 J 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 ..; 1 ATTEST: CAROL'GOLD, CMC/ CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as I — '�/ x 1�rr— MITCHELL 4AAAFT CITY ATTORNEY TR/krs/tk 1 JOE SCHREIBER MAYOR RECORD OF COMMISSI VOTE MAYOR SCHREIBER DIST 1: COMM. MIKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS EXHIBIT I TEMP. 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W TERRE + W CJR W W W W W OF a TAMARAC GARDENS ^ A W W MEDIAl_ARC.DWG MEDIAONE/ARCHIBALD SITE WATER AND SEWER UTILITY EASEMENT "Exhibit 2" • TAMARAC UTILITIES W ER AN SEWER -UTILITY EASEMENT FOR: MediaOne - Archibald Site NAME OF PROJECT • l� LJ On this day of , 199-L, that MediaOne of Greater Florida Inc, having an address of 141 N.W. 16th Street, Pompano Beach, FL 33060 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 the 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 961014 Wsue.wpd furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable TV that crosses this easement at right angles. 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 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. 961014 2 Wsue.wpd IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: GRANTO �. B �'. Y By: Type John A. Waksmunski Type Name Nanc-y Powell Assistant Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF _DUVAI,, Vice President, 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 Nancy Powell to 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. 199 $. WITNESS my hand and official seal this 28th day of September �-b P :::rEL.PADGEIT NOTARY UBLIC, State of Flori MION # CC 725390 at Large April 16, 2002 9onry PU61k Untl�lw�iyl� Daphne L. Padgett (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( x) Personally know to me, or ( ) Produced identification Type of I.D. Produced ) DID take an oath, or ( x) DID NOT take an oath. • 961014 3 Wsue.wpd • • 1] ATTE By: Robert S. Noe, Jr., City Manager ATTEST: Carol Gold, MC/AAE City Clerk STATE OF FLORIDA : SS COUNTY OF ACCEPTED BY CITY OF TAMARAC GRANTEE By: . LRr,7-�'� Joe h iber Mayo Date: /-;Z-//-7 /i fY By: Robert S. Noe, Jr., City Manager Mitchell S. Ki City Attorney /d-/i7/9 i, to I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the qounty aforesaid to take acknowledgments, personally appeared e S`re4, t' - S A -le. to me known 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�e'c'md� NOTARY PUBLIC, State of Florida at Large �Sr P51 nVVLIC pStam m§19e ) (personally known to me, or MYCnMM1 ION EXP, DEC. 13X0M ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( ID NOT take an oath. 961014 4 Wsue.wpd •AFFIDAVIT SHALL BE COMPLETED WHEN MQRTGAGEE SIGNATURE IS NOT APPLICABLE Nancy -Powell do hereby affirm that I am theyice Presidentof Mediapne of Greater Florida, Inc. and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for 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. FURTHER AFFIANT SAYETH NOT. �ignature) This 28 day of September , 1998 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 28" day of September PC, MY COMMISSION # CC 72539� TAR PUBLIC, State of FI ida EXPIRES: Apol 16, 2oo2 at arge dd roe' Bonded 7hru Notary Public Underwriters Daphne L. Padgett (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( X) Personally know to me, or ( ) Produced identification Type of I.D. Produced ) DID take an oath, or (X ) DID NOT take an oath. • 961014 5 Wsue.wpd EASEMENT DESCRIPTION TO THE CITY OF TAMARAC EXHIBIT "A" LOT 10, BLOCK 35, McNAB COMMERCIAL SUBDIVISION NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 73, PAGE 28 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. EXHIBIT "B" WATER AND SEWER UTILITY EASEMENT THE NORTH 15.00 FEET OF THE WEST 15.00 FEET OF LOT 10, BLOCK 35, McNAB COMMERCIAL SUBDIVISION NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 73, PAGE 28 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. CONTAINING 225 SQUARE FEET OR 0.005 ACRES MORE OR LESS. MORGAN & EKLUND, INC. P144FE88a AL BURYEY 00f0A-TANTB 8745 U.S. HIGHWAY I 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 HEREBY CER71 Y THAT THE DESCRIPTION SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS AS CON- TAINED IN CHARTER 61 G 17-6, FLORIDA ADM/N- Ismin E, P r TO fECTION 472.027, FLORI S UrE . �y Ole RONALD B. EKLUND, PLS REGISTERED LAND SURVEYOR No. 2559 STATE OF FLORIDA COMMISSION No. 3818.02 DATE 8126198 W. 70th STREET ° _ Ano � 20' A S P H A L T Q�ROADWAY Q) 20' A S P H A L T ROADWAY , 12' CONC. HEAVIER CURB - - --•---_ ________-__Fa �M .5.8801�50� A S P H A L T �� • A P R O N 6!� 5 v CONC. WALK ' 225 SQUARE FEET + - �-" 15' X 15' WATER AN ih 15'` cpr r 0.00_______ I SEWER EASEMENT N. 15' OF THE W 15' OF LOT 10, BLOCK 35 ,y �o NE CORNER Or BLOCK is EXHIBIT 'B" `�. I 50' B U I L D I N G SETBACK L/ N f ----`-"'�- -_______ L o T 91A Lor 10 8 L O T 9� a •$ • , � 11 EXHIBIT 'A" a� o BL OCK OCK ,•°o,�'BL z B L 0 C K , 100' _ _ — B U I L D/ N G S E T B A C K L I�N E ------------- 35 6vm SKETCH OF DESC:BIPTION SHEET 2 OF 2 , 7 SCALE I" = 50' -4' CONC. WALL .... 100.00, ,ems scr ... S• ASPHALT WALK �5 • 1 Le. _ 130,00_ -- .B8'01 �501: — 10b -- - 5r CONC. WALK -'- ----- --- . ,oy� C4TCHB4SW-- A5PHAL T APRON Q1� \'-12' L"ONC. HEADER CURB 25' A 5Ptt4L 1 L, ROADWAY' _ Mc NAB R0AD'� __ .. .. SOUTH LINE SECTION 4, TWP. 49S., RGE, 4 I E.RKyTY - MORGAN & EKLUND, INC. PROF£8810NAL SURVEY OONBULTAMI"8 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, FIL 33441 PHONE: (954) 421-6882 FAX: (954) 421-0451 004 WISWON No. 3818.02 wmmmmmmmm� LAVE 8126198