HomeMy WebLinkAboutCity of Tamarac Resolution R-96-145Temp. Reso. # 7451-June 6, 1996 1
CITY OF TAMARAC
RESOLUTION NO. R-96
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 ARCH ALUMINUM AND GLASS
COMPANY, INC., FOR THE ARCH ALUMINUM AND GLASS
PROJECT LOCATED ON THE SOUTH SIDE OF NW 67TH
STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Site Plan for the Arch Aluminum and Glass Project located on the
south side of NW 67th Street (attached hereto in map form as "Exhibit 1 ") was approved
by City Commission on September 13, 1995; and
WHEREAS, the development of the Arch Aluminum and Glass Project required the
installation of a Water Distribution System and Sewage Collection System; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution and Sewage Collection System on the Arch Aluminum and Glass Project; and
WHEREAS, Arch Aluminum and Glass Company, Inc., as the owner of the property
has offered the "Tamarac Utilities West Water and Sewer Utility Easement" for water
mains, water services, fire hydrants and sanitary sewers; and
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the Arch Aluminum and Glass Project; and
Temp. Reso. # 7451-June 6, 1996 2
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 Arch Aluminum and Glass Company,
Inc., for Arch Aluminum and Glass Project required for the installation, maintenance and
operation of Water Distribution and Sewage Collection 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 Z. The appropriate City Officials are hereby authorized to accept and
execute a "Tamarac Utilities West Water and Sewer Utility Easement" with Arch Aluminum
and Glass Company, Inc., for the Arch Aluminum and Glass Project (attached hereto as
"Exhibit 2") located on the south side on NW 67th Street to allow legal access by City Utility
Personnel in performing their duties, including utility installation, maintenance and
operation.
SECTION I 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.
SECTION 5L 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.
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Temp. Reso. # 7451-June 6, 1996 3
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this day of I&,
1996.
ATTEST:
CAROL A. EVANS
CITY CLERK
I BY CERTIFY that I ham
ppro a this R SOLUTIO as
to for A //� 7
tTOHELL4S-'K5f
CITY ATTORNE
utilities/dav
$WNO&MAN ABRAMOWITZ
MAYOR
RECORD C)F COLNCL VC)TE
DISTRICTI:
VIM
DISTRICT 2•
DISTRICT 3: 'mrn'
DISTRICT 4:
T812RAC UTILITIES WEST
RIATER AND SEWER UTILITY_ - .
FOR:ARCH ALUMINUM & GLASS COMPANY. INC._
NAME OF PROJECT
On this day of
199�_, ARCH ALUMINUM & GLASS COMPANY, INC.
having an address of 1400 S.W.h COURT.SUIIE F POMPANOBEACH,
FLORIDA 33069, 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").
0 962601
1
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•
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 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.
962301
'e. %-1'5 s
•
•
•
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.
TUWWSUE
M
962301
IN WITNESS WHEREOF, Grantor has hereunto set his hand and
seal on the day and year first above writ An.
(GRANTOR
Witne VA�AOBERT H
Witness CM BUTTERS
STATE OF FLORIDA
SS
COUNTY OF BROWARD
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
ROBERT H. SILVERSTEIN
to me known to be the person(s) described in and who executed the
foregoing instrument and HE acknowledged before me that
HE executed the same.
WITNESS my hand and official seal this 23 day of January
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( Personally known to me, or
( )Produced Identification
( )Type of I.D. Produced
NOTARY PUBLIC, State of
Florida at Large
NATALIE REED
(Signature of Notary Public)
Print
Commission No._..
( )DID take an oath, or ( ./)DID NOT take an oath.
L] ItIM_ 1,
4
IN WITNESS WHEREOF, the parties
to be executed on the day and
Signed, sealed and
delivered .in the presence of
ATTEST.
By
`
•
Robert S. Noe, Jr.,
City Manager
ATTEST -
By:
Carol A. Evans,
City Clerk
STATE OF FLORIDA:
: SS
hereto have caused these presents
year indicated below:
ACCEPTED BY CITY OF)T AMARAC
G EE 1111
r
By:
N rman Abramowitz,
Mayor
Da
Y�
Robert
City Manager /
Datee.... -11 Z-1f6
Y.
Mi(tchell S . Kra
City Attorney
COUNTY OF�
I HEREBY CERTIFY that on this day, before me, an officer duly
form:
• authorized in the St
takq ac nowledgments,
&' flKle to
who executed the for
d
and in the County aforesaid to
appeared
e the person(s) described in and
egoing instrument and _- I acknowledged
before me and under oath that executed the same.
•' WITNESS my han "Z--
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»,......... --..
ate aforesai
personally
me known to b
(3, r&s. Karen Jackson
Notary Public, State of Florida
�Ea Commission No. CC 539151
'`` ov tta My Commission Expires 05/14/00
1 41MI .NOTARY . Fla Notary Service & B.:,", Go.
Personally known o m or
( ) Produced identification
NARY P LTC, State of Florida
at Large
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
(6) DID take an oath, or ( ) DID NOT take an oath.
0 TUWWSCTE
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962301
�00 Northeast Third Avenue '
McLAUGHLIN ENGINEERING FT. LAUrZ2DAL@. lFLORMA 68301
Td.phone (3061 763.76I1
ENGINEERS -SURVEYORS To copier (306, 163.7616
+' EW%kLINE, NO.=Nt)MBER,SUED.=5U8AIVISION;R/W-Rl4Hr-OF-WAY . I N.. It A
RB -.R'PALM 15EACN COUNTY RECORDS W
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SKETCH AND DESCRIPTION +
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A portion of Parcel "B", "S & N PLAT", according to the plat thereof as
recorded in Plat Book 154, Page 38 of the public records of Broward County, ` Nor
Florida; more fully described as follows:
Commencing at the Southwest corner of said Parcel "B"; thence North 89° 23' 12" East, on the South line
of said Parcel "B", a distance of 266.39 feet to the POINT OF BEGINNING; thence continue on the South line
' of said Parcel "B", North 89" 23' 12" East, a distance of 613.50 feet; thence North 01 ° 04' 45" West, a
distance of 330.39 feet; thence South 891 24' 52" West, a distance of 190.49 feet; thence North 01 n 04'
45" West, a distance of 300.47 feet to a point on the Northerly boundary of said Parcel "B"; thence South
89° 26' 31" West on said Northerly boundary, a distance of 423.01 feet; thence South 01° 04' 45" West,
a distance of 631.36 feet to the POINT OF BEGINNING.
Said lands situate, lying and being in the City of Tamarac, Broward County, Florida and containing 329,921
square feet, or 7.5739 acres more or less.
We hereby certify that this sketch meets the minimum technical standards as set forth by the Florida Board of
Professional Land Surveyors in Chapter 611317.6, Florida Administrative Code, pursuant to Section 472.027,
Florida Statutes.
Certified Correct. Dated at Fort Lauderdale, Florida this 8th day of September, 1995.
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NOT UALID UWLESS SEALED WIMA FIW EMOC6$E0 SUR
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MC AUGHLIN ENGINEERING
ENGINEERS -SURVEYORS
400 Nortberat Third Avau"
FT. LAUD$BDALFF, FL HMA 83301
Telephona (US) 763.7611
Telecopier(305)763.7615
ARCH RLUNINOn SITE
SKETCH AND DES:RIFTIUi
WATER MAIN EASEMENT. S & N PLAT
A 15 or 23 foot easement over•, across and through a portion of Farce] "B". S & N A -Al . uLcorciny to the
plat thereof recorded in Plat Book 154. Page 38. of the public records of Broward County, Florida, and being
7.50 or 11.50 feet on each side of a centerline more fully described as follows:
Corrnencing (1) at the Soutlwest corner of said Parcel "B": thence North 89123112" East, on the South line
of said Parcel "B", a distance of 286.39 feet to a Reference Point A. thence continuing North 89°23'12" East.
on the said Suuth line. a distance of 357.57 feet; thence North 00033129" West, a distance of 12.DO feet to
the Point of Beginning (1) of the centerline of a 15 foot easement: thence continuing North 00"33'29" West.
a distance of 63.11 feet to a Reference Point B; thence continuing North 00033'29" West, a distance of
175.86 feet to the Point of Termination (1) of the herein described centerline; thence continuing North 00'
33129" West, a distance of 45.50 feet to a Reference Point C: thence continuing North 00033'29" West. a dis-
tance of 294.52 feet, thence South 89026'31" West. a distance of 7.50 feet to the Point of Beginning (2) of
the centerline of a 15 foot easement; thence continuing South 89026131" West, a distance of 16.00 feet to
the Point of Termination (2) of the herein described centerline: TOGETHER WITH:
Beginning (3) at the aforementioned Reference Point B: thence South 89026'31" West, on the centerline of
a 15 foot easement, a distance of 21.76 feet to the Feint of Termination (3) of the herein described center-
line. ALSO TOGETHER WITH:
Courencing (2) at the aforerentioned Reference Point C; thence North 89026'31" East, a distance of 22.50
feet to the Point of Beginning (4) of the centerline of a 15 foot easernent; thence continuing North 89026'
31" East, a distance of 10.00 feet to the Point of Termination (4) of the herein described centerline: ALSO
TOGETHER WITH:
Cormencing (3) at the aforelrentioned Reference Point "A": thence North 01004'45" West. a distance of
12.00 feet to the Point of Beginning (5) of the centerline of a 15 foot easement: thence continuing North
01104145" West. a distance of 66.20 feet to a Reference Point D; thence continuing North 010D4145" West. a
distance of 198.25 feet to a Reference Point E: thence continuing North 01004'45" West, a distance of 4.00
feet to a Reference Point F; thence continuing North 01104145" West. a distance of 305.90 feet to a Refe-
rence Point G; thence continuing North 01004'45" West. a distance of 23.00 feet to the Feint of Termination
(5) of the herein described centerline; ALSO TOGETHER WITH:
Beginning (6) at the aforementioned Reference Point D; thence North 88055115" East. on the centerline of
a 15 foot easement. a distance of 50.50 feet to the Point of Termination (6) of the herein described center-
line. ALSO TOGETHER WITH:
Beginning (7) at the aforementioned Reference Point E: thence North 88055'15" East. on the centerline of
a 23 feet easement, a distance of 45.00 feet; thence North 01004'45" West. a distance of 27.00 feet to the
Point of Termination (7) of the herein described centerline: TOGETHER WITH:
Beginning (8) at the aforementioned Reference Point F; thence South 88°55'15" West, on the centerline of
a 15 foot easement. a distance of 20.00 feet to the Point of Termination (8) of the herein described center-
line: AND ALSO TOGETHER WITH:
Beginning (9) at the aforementioned Reference Point G: thence South 88055'15" West. on the centerline of
a 15 foot easement, a distance of 20.00 feet to the Point of Termination (9) of the herein described center-
line.
Certified correct. Dated at Fort Lauderdale. Florida. this 28th day of December. '1.995,
C
NOTES: MCLAUGHLIN ENGINEERING CO.
(1) THIS IS NOT A SURVEY.
(2) This sketch reflects all easements and rights -of -way as shown on the
above referenced plat. The subject property was not abstracted for'
other easements, road reservations. or rights -of -way of record by Carl E. AlbrE+ tsen
McLaughlin Engineering Co. Registered Land Surveyor rio.4185
(3) Bearings shave refer to the S & N PLAT. 154/38 State of Florida
(4) Description prepared by McLaughlin Engineering Co, this 28th day of
December. 1995, and does not infer title or ownership.
(5) P.O.B .= Point of Beginning. P.O.C.= Point of Commencement. S.W.= Southwest. P.O.T.= Point of Termination.
(6) It is the intent of this desription that the sidelines of the easerrerit be either lengthened or shortened
to intersect with the property lines or other easernent lines where applicable.
(7) THIS DRAWING IS NOT VALID UNLESS SEALED WITH AN EMBOSED SURVEYORS SEAL.
FIELD BOOK NO.
JOB ORDER NO.
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DRAWN BY
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400 Norchea" Third Avenue
MCLA JGHUN ENGINEERING FT. L,AUMWSU" FLAMMA 9MI
Telephone (W5) 763•7611
ENGINEERS -SURVEYORS Telecopier (305) 763.7615
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SKETCH AND DESCRIPTION
FIU AE!liilN ENi'NEEHIIG CO.
A
15' UTILITY EASEEENT
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A porttm of Parcel .8% S & N PLAT. according to the plat
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thereof recorded in Plat Book 154, Page 39, of the prbl lc
Car E, I6r�it
records of Brcard Canpore fully dty. Florida, escrIW
Revistered 'card'-n*Yw No.4185
cn Sheet 2 of 2.
Ste..tE of Florida
Certified cornet. Gated at Fort Lauderdale, Florida. this
Mth day of Gecmber, 1995.
NOT VALID iru5S !EAL EL YI'ON AN E1TiGS.SED SIXNEYOR'S SEAL
FIELD BOON No. AIA
JOB ORDER NO. S-4319
DRAWN BY QFB
CHECKED BY •z2!1
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