HomeMy WebLinkAboutCity of Tamarac Resolution R-96-192I
Temp. Reso. #7484 - July 9, 1996 1
CITY OF TAMARAC RESOLUTION NO. R-96 - 19
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 BMS OF BROWARD, INC., FOR THE
BUDGET MINI STORAGE PROJECT LOCATED AT THE
8300 BLOCK OF UNIVERSITY DRIVE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Site Plan for the Budget Mini Storage Project located at the 8300
block of University Drive (attached hereto in map form as "Exhibit 1 ") was approved by City
Commission on May 8, 1996; and
WHEREAS, the development of the Budget Mini Storage 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 Budget Mini Storage Project; and
WHEREAS, BMS of Broward, 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 with BMS of Broward, Inc., for the Budget Mini Storage Project;
and
Temp. Reso. #7484 -July 9, 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 BMS of Broward, Inc., for Budget
Mini Storage 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 2: The appropriate City Officials are hereby authorized to accept and
execute a "Tamarac Utilities West Water and Sewer Utility Easement" with BMS of
Broward, Inc., for the Budget Mini Storage Project (attached hereto as "Exhibit 2") located
at the 8300 block of University Drive to allow legal access by City Utility Personnel in
performing their duties, including utility installation, maintenance and operation.
SECTION 3: 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 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.
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Temp. Reso. #7484 -July 9, 1996 3
_QECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this day of
ATTEST:
�22
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
app ve t is RESOLUTION as
to orm.
ITCHELL S. KRAF
CITY ATTORNEY
utilities/dav/aml
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NORMAN ABRAMOWITZ
MAYOR
RECORD OF COMMISSION -VOTE
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BUDGET MINI STORAGE
WATER AND SEWER UTILITY BA93EUENTS
• TAMARAC UTILITIES WEST
WATER AND SFwcR [7Tr7.ITY FA .P; ,iT
FOR: BMS of Broward, Inc.
NAME OF PROJECT
On this gill day of
199 �6 having an address of 8300 Block of University Drive
Tamarac, Florida 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,
. maintaining, operating and altering of water lines and appurtenant
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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 �o 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 ?rants 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 banding upon the servient estate.
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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. Anv oral rPnrPRPnf'at;nno
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.
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IN WITNESS WHEREOF, Grantor has hereunto set his hand and
seal on the day and year first above written.
(GRANTOR) BMS of Broward, Inc.
STATE OF FLORIDA :
SS
COUNTY OF
5901 S.W. 74M 9treet, 77i7e--=
South Miami, FL 33143
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
DAVID BROWN
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_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 ;A day of y'
.195(a_.
NOTARY PUBLIC', State 3f _N_0_TA_RYSEAS.
Florida at Large ROSA MARIA COMD41GUEZ
NO`rARY P'.JPUC STATE OF FLOF
COMMISSION No. CC404459
W Ct)Ni'MMSIO T EXP. AUG. 31,
(Signature of Notary Public)
Print
Commission No. C`C p S
XPersonally known to me, or
( )Produced Identification
( )Type of I.D. Produced
( ) DID take an oath, or ( /_j DID NOT take an oat:i.
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IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year indicated below:
Signed, sealed and
delivered in the presence of:
ATTES
\V�
By:4�- S . � �.
Robert S. Noe, Jr.,
City Manager
ATTEST:
By:=L.
Carol A. Evans,
City Clerk
ACCEPTED BY CITY OF TAMARAC
GRA%Noman
A& - h L
By:
Abramowitz,
Mayor
Date:-,
B
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Robert S. Noe, Jr.,
City Manager
Date •
Approved as. Ito #orm�
y;
STATE OF FLORIDA: Mi shell oV
• SS ` City Attorney
COUNTY OF $Rpul�
I HEREBY CERTIFY that on this day, before me an officer duly Y u y
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared IyCJP-
�DBse: S. �QE .to me known to be the person (s) described in and
who executed the foregoing instrument and acknowledged
before me and under oath that execut d the same.
WITNESS my hand and official se 1 this day of
199L.
NO ARY PU C, State of Florida
•
Personally known to me, or
( ) Produced identification
at Large
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
(/)C) DID take an oath, or ( ) DID NOT take an oath.
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C40 rts� Karen Jackson i
i{ aso Notary Public, State of Florida ,
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CummL%4on No. CC 539151
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Exhibit "A"
Lots 4, 5, G, 7 and 8 in Flock 12 of LYONS COMMERCIAL SUBDIVISION
NO. 3, according to the Plat thereof recorded in Plat Book 76, at
Page 31., of the Public Records of Froward County, Florida.
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SKETCH OF DESCP I P T I ON
60 FOOT ACCESS EASEMENT
A PORTION OF LOT 7. BLOCK 12
•LYONS COMMERCIAL SUBDIVISION NO. 3•
PLAT BOOK 78. PAGE 31 BRONARD COUNTY RECORDS
S09' 47' 44' w 29100' I
LOT
BLOCK412
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LEGEND
P.O.C. DENOTES POINT OF COMMENCEMENT I
P. 0.6 DENOtE9 POINT OF 9ESINNINO
P.O.T. DENOTES POINT OF TERMINATION
REF.PT. DENOTES REFERENCE POINT
(L DENOTES CENTERLINE
A B S S L U T E REVISION OWN DATE FB PG CKD
SURVEYING INC.
ACCESS EASEMENT MAN 2-2B-9s MK
LAND SURVEYORS REVISED SKETCH MAN 3-1e-26
44 BIRCH DRIVE
COOPER CITY, FLORIDA 33026
305 436•-6721
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LAND DESCRIPTION - 15 FOOT UTILITY EASEMENT
A PORTION OF LOTS 4 THROUGH 8, BLOCK 12, "LYONS COMMERCIAL
SUBDIVISION NO. 3", ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 75. PAGE 31 OF THE PUBLIC RECORDS OF BROWARO
COUNTY, FLORIDA AND BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT B. BLOCK 12;
THENCE SOUTH 89047'44" WEST, ALONG THE SOUTH LINE OF SAID
LOT 8, A DISTANCE OF 22.50 FEET TO THE POINT OF BEGINNING
OF THE CENTERLINE OF A FIFTEEN FOOT WIDE (7.50 FEET EACH
SIDE) PARCEL OF LAND:
THENCE ALONG SAID CENTERLINE THE FOLLOWING NINE (9) COURSES
AND DISTANCES:
1.) NORTH 00012' 16" WEST, A DISTANCE OF 172.50 FEET;
2.) NORTH 45" 12' 16" WEST, A DISTANCE OF 24. 75 FEET:
3.) SOUTH 89047' 44" WEST, A DISTANCE OF 51. 33 FEET,
4.) NORTH 000 12' 16" WEST, A DISTANCE OF 235. 00 FEET,
5.) SOUTH 89047' 44" WEST, A DISTANCE OF 40.00 FEET TO
REFERENCE POINT A;
6.) CONTINUE SOUTH 89047' 44" WEST, A DISTANCE OF 20.00 FEET:
7.) SOUTH 00° 12' 16" EAST, A DISTANCE OF 195.50 FEET TO
REFERENCE POINT 8;
8.) CONTINUE SOUTH DO° 12' 16" EAST, A DISTANCE OF 31.50 FEET,
9.) SOUTH 89947' 44" WEST, A DISTANCE OF 126.67 FEET TO THE
POINT OF TERMINATION OF SAID CENTERLINE.
TOGETHER W I TH:
BEGIN AT SAID REFERENCE POINT A. SAID POINT BEING THE POINT OF
BEGINNING OF THE CENTERLINE OF A FIFTEEN FOOT WIDE (7.50 EACH
SIDE) PARCEL OF LAND;
THENCE ALONG SAID CENTERLINE SOUTH 00°12'16" EAST. A DISTANCE OF
15.00 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE.
►L�lK�/;L�:/:Ify;B
BEGIN AT SAID REFERENCE POINT B, SAID POINT BEING THE POINT OF
BEGINNING OF THE CENTERLINE OF A FIFTEEN FOOT WIDE (7.50 EACH
SIDE) PARCEL OF LAND;
THENCE ALONG SAID CENTERLINE NORTH 89047'44" EAST, A DISTANCE
OF 20.00 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE.
SAID LANDS LYING AND BEING IN THE CITY OF TAMARAC, BROWARD
COUNTY, FLORIDA.
A'BSSLUTE
SURVEYING INC.
LAND SURVEYORS
44 BIRCH DRIVE
COOPER CITY. FLORIDA 33026
(305) 436-6721
REVISION
UTILITY EASEMENT
PROJECT NO.: 95171
OWN I DATE I FB/PG CKD
MRM -21-96 MK
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SKETCH OF DESCP I P T I ON
15 FOOT UTILITY EASEMENT
"LYONS CIOMMEACIAL SUBDIV SIGN ND 3'
PLAT BOOK 11. PAGE 31 BRONARD COUNTY RECORDS
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N89' 47' 44' E 293.00'
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P.O.T. I _ J �ino I IS89'47'44'W
'S89774 ' 4' W 26.67'
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I I I LOT 7 2
II I BLOCK 12'+
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t l l I BLOCK 12 I I
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11 I I SOUTH LIME LOT 81 P. 0. B.,
I S89'47'44'N 293.00'
LINE LOT 11
509 AZ2•
LEGEND N. W. 82n d STREET
P, 0, C. DENOTES POINT OF COMMENCEMENT
P,O,LL DENOTES PONT OF BEGINNING
P.0.7. DENOTES POINT OF TERMINATION
REF. PT. DENOTES REFERENCE POINT '
qc DENOTES CENTERLINE
SURVEYOR' S NOTES:
t. UNLESS IT BEARS THE SIGNATURE AND THE OA16INAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR C MAPPER THIS DRAWING,
SKETCH, PLAT 09 NAP IS FOR INFORMATIONAL PURPOSES ONLY AND
IS NOT VALID.
2 LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -MAY,
EASEMENTS, ONIERSIIIP, OR OTHER INSTRUMENTS OF RECORD BY
ABSOLUTE SURVEYING INC.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE PLAT OF 'LYONS
CONIMIAL SUBDIVISION NO. 3' AS RECORDED IN PLAT BOOK 76
PAGE 31 OF THE PUBLIC RECORDS OF BROMARD COUNTY, FLORIDA.
I. THIS IS NOT A LAND SURVEY.
SHEET 2 OF 2
19
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P. 0. C.
5 L CORNER
LOT 8, BLOCK 12
SURVEYOR'S CERTIFICATE: -
I HEREBY CERTIFY THAT THIS SURVEY IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT
THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS C
MAPPERS IN CHAPTER 601[7-6, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027. FLORIDA STATUTES.
DATE: BY,
NITCHELL R. MALIORY H/I PROFESSIONAL SURVEYOR C NAPP
FLORIDA RE61STUTION NO. 4851
PROJECT NO.: 95171
AIBSSLUTE REVISION OWN I DATE FB/PG I CKO
SURVEYING INC. UTILITY EASEMENT WRW -21-96 NK
LAND SURVEYORS
44 BIRCH DRIVE
COOPER CITY. FLORIDA 33026
(305) 436-6721