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Home My WebLink AboutCity of Tamarac Resolution R-96-133Temp. Reso. # 7366 March 19, 1996 1 CITY OF TAMARAC RESOLUTION NO. R-96 - 133 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A "TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT" WITH LENNAR HOMES, INC., TO ALLOW LEGAL ACCESS BY THE CITY UTILITIES DEPARTMENT TO PERFORM UTILITY INSTALLATION, MAINTENANCE AND OPERATION OF THE WATER DISTRIBUTION AND SEWER COLLECTION SYSTEM IMPROVEMENTS ON THE KINGS POINT COMMERCIAL PLAZA PROJECT LOCATED ON THE SOUTHEAST CORNER OF NOB HILL ROAD AND N.W. 77TH STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the Kings Point Commercial Plaza Project located on the southeast corner of Nob Hill Road and N.W. 77th Street (shown in map form as "Exhibit 1 ") was approved by City Commission on May 8, 1996 ; and WHEREAS, the development of the Kings Point Commercial Plaza Project required the installation of the Water Distribution and Sewer Collection Improvements; and WHEREAS, a utility easement is required by City Code Section 22-191 to allow legal access by the City Utilities Department to perform utility installation, maintenance and operation of the Water Distribution and Sewer Collection System Improvements on the Kings Point Commercial Plaza Project; and 1 Temp. Reso. # 7366 March 19, 1996 2 WHEREAS, Lennar Homes, Inc., the owner of the property, has offered the "Tamarac Utilities West Water and Sewer Utility Easement" for the Water Distribution and Sewer Collection System Improvements; and WHEREAS, it is the recommendation of the Director of Utilities that this utility 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 execute a "Tamarac Utilities West Water and Sewer Utility Easement" with Lennar Homes, Inc., for the Kings Point Commercial Plaza Project required for the installation, maintenance and operation of the Water Distribution and Sewer Collection System Improvements. 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. The appropriate City Officials are hereby authorized to accept and execute a "Tamarac Utilities West Water and Sewer Utility Easement" (attached hereto as "Exhibit 2") with Lennar Homes, Inc., for the Kings Point Commercial Plaza Project located on the southeast corner of Nob Hill Road and N.W. 77th Street, to allow legal access by the City Utilities Department to perform utility installation, maintenance and operation of the Water Distribution and Sewer Collection System Improvements. ,$ECTION 3: The City Clerk is hereby authorized and directed to record said Agreement in the public records of Broward County. 1 11 Temp. Reso. # 7366 March 19, 1996 3 SECTION 4: 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: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of._::,yrtto-- i 1996. . / _ A ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that have aumved this RESOLUTION as MAYOR DIST. 1: DIST. 2: MITCHELL S. KRAFT DIST. 3: CITY ATTORNEY DIST. 4: utilities/easement/rmc MAYOR RECORD OF COMMISSION VOTE EXHIBIT I I* El ROCKFORD TR28 TR29 j U TR30 U jY❑RKSHIRE jj > a w WELD❑N a q GRe i cr% C❑ P %�/ LAND SE 5 z TR27 7 % 76 ¢ CT m )) EVAN ELICAL % 76 ST COVENANT CHURCH WEST LAKE VILLAS O\ J KINGS P❑INT j m 75 CT to os WESTW❑❑D ' 4 SALES CENTER % q PINES & CLUB HOUSE % PRING LAKE II �v� 7S TR37 4p. KINGS PT. PROF. PLAZA jj%%jj% cn ASHM ASHM❑NT 7d OCATIO ,, 74 CT THIS SITE Q WESTW❑ 31,� $�LFpRT CtR NORTH m 95 W. g BELF❑RT 73 CT 3 BEI.FaR CIR SOUTH 3 ST d` HIDDEN TR42 SECTION 21 TR40 HOLLOW 4 72 CT } G NOB HILL/ N 1Z WESTW❑❑D PLAT TR41 M p,,\,q P❑INT PLAZA DK 72 WES TWI30V � 7d ST 79 ST MCNAB ROAD J & J PLAT TAMARAC MARKET PLACE S�. 70 PL SECTI❑N 22 r SECTI❑N 21 %j a a co 70 CT /j ESTW❑❑D 4 70 3 %uiw A > Q' WE TW❑❑D 3 % a IA LnM :L70 ST 70 ST % • 0 ST �w g OD > g jj TAM AC 68 FL TAMARAC % j% GAR ENS E T GARDENS %� WEST KING 'S POINT COMMERCIAL PLAZA KPCPWSUE.DWG WATER AND SEWER UTILITY EASEMENTS TAMARAC UTILITIESWEaT . WATER ANQ SEWER NT FOR:KINGIS POI L PLAZA NAME OF PROJECT On this day of J-C/ I e , 199 ( ,_LENNAR HOMES, INC ._ having an address of 700 N.W. 107th AVENUE, MIAMI, FLORIDA33172 _ , 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 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, 0 962601 1 TUWWSUE le �611313 • 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, Southern Bell 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. 0 962601 2 TUWWSUE 4- 2P -/ 33 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. • 962601 3 TUWWSUE IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on the day and year first above written. ATTEST: By: �l �--- Type Name ioCr►� lJa�1C�_ Corporate Secretary (Corporate Seal) L�.If ti( 'itaMt-r,, �N C. OWNER By: JType Name P Oie President STATE OF FLORIDA SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the/ County afor id to take acknowledgments, personally appeared _ _ !-les[r�lG► Ocpr�_n% to me known to be the person(s) described in and who executed the foregoing instrument and c acknowledged before me and under oath that 1.�k executed the same. NESS m hand and official seal this day of ShRY P(!e OFFICIAL NOTARY SEAL 2 KATHLEEN E SIERRA t j * COMMISSION NUMBER �0 MY COMMISSION gEXP. SOP R-0� MAY %, 1998 ( �) Personally know to me, or ( ) Produced identification NO`Tk PUBLIC, State of Florida at Lyrae .1% KA"Mtf -t SIERRAS (Name of Notary Public:_EFint, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (�) DID NOT take an oath. 962601 4 Fii:r:49jo 'e_ S6 -/.33 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and ACC�ED BY CITY OF TAMARAC delivered in the presence of: GR EE -A A ATTEST • By D% � S � rman Abramowitz, By: Mayor Robert S. Noe, Jr., City Manager ATTEST: B y • -a ki `�a'�— Carol A. Evans, City Clerk STATE OF FLORIDA: : SS COUNTY OF $ra JftZ: Date: By: �r Robert S. Noe, Jr., City Manager j Date: 6` j -3-qeo Ap roved a to for . By: Mitchell S. Kfaff, City Attornelr I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to ��77 take acknowledgments, personally appeared r Kvr 4vt mia� S. 0 r to me known to be the person(s) described in and J 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 -,Ili ink „ ,. 19 9 f . NOTARY PUB State of Florida at Large (Name of Notary Public: Print, (personally known to me, or Stamp, or Type as Commissioned) ( ) Produced identification (� DID take an oath, or ( ) • 962601 Type of I.D. Produced �lvrrrrrrrrr»rrrrrnr»rrrrrrrrrrrrrrrrrrrrrr�w+ •. >� 0AY Aas� [Caren Jackson +� �' Notary Public, State of Florida , DID NOT take an oath. h , ;ommissionNoXC539151 o, My Commission Expim 05/14/00, 14M340TAILY - M Nary Service A B-ding Co. 5 TUWWSUE ,z596`3-3 0 LEGAL DESCRIPTION: E C� J E)UMIT A PARCEL `A' KINGS POINT COMMERCIAL PLAZA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 146, PAGE 12, PUBLIC RECORDS BROWARD COUNTY, FLORIDA SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. Page 1 of 2 e- i�o -`a3 EXH I BIT 'A' • 11 • N. W. 77TH. ST. s Br Is•xo^ � �ea.7e• 9 a7er2rw 4&0T O F F 0 Z R-2M.00' D- OT 40. W A-I50.00' TAWPAC - LMJDE77 LL 9 OB• 56' SSW OCNI mN OF IOO.YT JEWNWS WITNEMES E01"29; Ale ,4T H CS Je' 4S E 12.D0' d W n 4 O CD PARCEL 'A' ORDINO TO H PECC� C Q GE M PLAT TNEREOF A IN PLAT BOOK I". PAGE PUBLIC RECORDS BROWARO COUNTY. FLORIDA SAID LAIRS LYING 01 THE CITY OF TAMARAC. BROWARD COUNTY. FLORIDA. R- 2176.00• D- OQ W 41' A- yY7.72' PARCEL 'A' KM'9 POW RECREATIONAL COIAFM.a ,%HV E OR•-0213�60'IpN� � A.44_ Ir �ygOr11'W 2�y'�1•�RA ruwo3 � F�� Pg. T15FD P►R<m� OrV1 �A DENNIS R. POORE, Inc. Ca•porn. ON+c. 4( 30 woes Road Co'ai So—gs FL ),7067 Coat sp ,cgs 17051 152 1100 Fn (]u O's 1 e00,910 170J Fat 13051'52 172P Page 2 of 2 vAT i. LINE RAIMENT roe ms ME" *LTAIt .into ~�.i l►t...'N lrit,d ,bet •114, .. eltnl Pl a Palo 44 }a the pub llp bperd. of .rev. rd peon tq, florid. .Le 1y"9 • partied at Pat'., "A", rlago met .•.r...i Fla.., n.4 returned la Plot seek 19f, page +l• 0 Pt/ hbllp *...ad., *old ....... 'Patearn v. r[loularly du•rtbee .9 teller., Ce+..ne/nq • the soot $got p...or of the .t0ro.entl•nad ..reel -h-, [went." th.... 5—th 79• 17' 71. Want fie., I th. aput. I1na of .old l.rp.l "F", • dlot.npo of IS{.SL ' ton[ eo ehr o01ne of ..yl..9 et th. heron d.f,F/lM0 of r.NntI [hone• running atan9 th. tall bring „ eauraa and dl.[ofe.., ) r0• m• • AA Oman, ' 7 11.0 F}9.11. 71"v ' s )loft' N •rf'1{"r I +S )soli xr7•Sf'7{"r 01,190 1f II .{0 N 1199.10"a » ,5,00 1810"a !0 )loll a 0.11!//./D"Y 1, 7/.00 No, 70'7/"i 7i sops d / r,•:{•1 7t r9.0p .0 ye•7/"r 10 17.n .1vp'rf"1 I u Is.pp F 1•rr r{•i I 1S }. ,,• N1/•Sao/0"v P 71 .00 N,0•ala,4, 99"g •,9w 9i }poop N/,•►,•la"r I 91 ,s.9/ u••DI•,p•1 1 ' 1! )pose• w{•t,'f9^r u Lea ,}/•n'le"r n Il.p, xu •Ip•7/•a /L ro.p0 , 1•n•a•i 10' 21 S0 15.00 x 1.20',f•1 1, 11.,7 ■ 1.7,'7P, SI 11, 10 Ms,•10'19"r Sf If 7C �•1 •rl't/"i I .' f 7e ,9"r Sf 1,,p/ A late',{•1 ) to 00 ' 61 10.59 ail •11•iS"a {• +s.ee snow •7s"r f/ 1D.91 x/1.11•rl"r x N he pant of aglnnlnq, ' •.d ....dale ten[olnlnq 0.,s1 ..... earo of lone ass Iy,ng . the city of r...r.r. Ardubd iaunty. Florida. � 1 1 BEARINGS 04SED ON PLAT BEARING OFS T.7eIT21' W FOR WESOUrN LINE OFPARCEL W. MASS POW COMMERCIAL PL47A THIS SKETCH IS ONLY A REPRESENTATION OF THE LEGAL DESCRIPTION AND DOES NOT CONSTITUTE A SUjYE1(. DATE R.L.S. A0.2226 DESCRIPTION DENNIS R. POORE, Inc. caaorltl office Taro wags aced CON Sw"s. FL 75061 Cad staings� 19051752 1300 Am OR-s: 1-SW 9d0-1903