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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-193Temp. Reso. #7488 July 16, 1996 1 CITY OF TAMARAC RESOLUTION NO. R-96 -- % 9,3 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 JVF FLORIDA, INC., FOR THE BROOKSIDE COVE PROJECT LOCATED ON THE NORTHEAST CORNER OF MCNAB ROAD AND NW 70TH AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the Brookside Cove Project located on the northeast corner of McNab Road and NW 70th Avenue (shown in map form as "Exhibit 1") was approved by City Commission on December 8, 1993; and WHEREAS, the development of the Brookside Cove 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 Brookside Cove Project; and WHEREAS, JVF Florida, 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 Brookside Cove Project; and Temp. Reso. #7488 July 16, 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 JVF Florida, Inc., for Brookside Cove 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. 5=10N 2: The appropriate City Officials are hereby authorized to accept and execute a "Tamarac Utilities West Water and Sewer Utility Easement" with JVF Florida, Inc., for the Brookside Cove Project (attached hereto as "Exhibit 2") located on the northeast corner of McNab Road and NW 70th Avenue 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. Temp. Reso. #7488 July 16, 1996 3 SECTIQN 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of s fa�= e, Lw, 1996. NORMAN ABRAMOWITZ MAYOR ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have appr d this RESOLUTION as t orm M HELL SAORMFT CITY ATTORNEY RECORD OF COMMISSION VOTE utilities/dav/aml MAYOR DIST 1:, DIST 2:, DIST 3:, DIST 4: 1 10 I* 1 q 3 EXHIBIT 3 80 ST 7 7 a Lo ¢ ¢ r• n v m HE THGA E n 79 ST w r D19s, 0% m n 78 CT LAN S C. 3 ¢ w w co � > w `D ,o Q w n N Y O r d V, u) n � n 78 ST 78 ST 78 ST 78 ST 78 ST 77 ST P R D %/ a w j 76 PL WEST ❑❑ 17 r `� 3 7 a ``' cx 7 RtO w n j a a a d -16 � OD 00 n 76 DR / n 3 � n �- iO 76 CT n 76 DR 76 CT 76 ST w P & D w r / 76 ST 76 ST 75 DR > A,>i�- n n j ¢ MAIN AND 16 75 CT 7 a � 75 ST n a / 75 CT g OR S 6 GREENBRIAR // a w a 75 ST ¢ «TH 75 ST C) n cu n 74 PL n n 74 PL O j// j/. /. / / / / . 73 ST 73 ST 72 ST Q , 72 ST a ^ p / 71 ST D 71 CT J� j � con .' 70 CT g 71 ST /!.i// / 70 ST MA LANDSI4 < w ci D K RCREST 14 70 CT 3 G ENS❑ rrr-._ 70 ST `° w w O p LAKE r z wow UNITED ] z aT❑FIST o 0w w� n w 7 0 z❑// /// j//jj%/j%/j%//j%% z COLONY l� � � � z U Q �` / SITE L❑CATI❑N 0 -� TC PLAZA BR❑❑KW❑❑D M C N A B ROAD PLAZA / HSCVWSUE.DWG BROOKSIDE COVE WATER AND SEWER UTILITY BASEMENTS 4- 96-/13 MZ46"M W�IIDIVU FOR: BBOOKSI-DF, COVE NAME OF PROJECT 1 On th ' s U day of �2r,. _,.�... 199 ,JVF FLORIDA, INC having an address of 6695 W1. MCNAB ROAD, I&ZgAr- FLORIDA 33321 , 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 facilities, sewer lines and appurtenant facilities as well as for surface water storm drainage, and for other comparable public utility purposes. 40 3214U1 1 ,. s� -/ �.a Corporate 0 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 I* 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 0 Broward County, Florida. - 2 - 3214-01 ,e 96- i93 Corporate • • 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. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on th ay and year first above wr�*ft6n. r Witness +�kQhaitl ' - LOOhtji2 .�r, Joseph Pulla, Vice President tness 3"ov,n GLrr JVF Florida, Inc. 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 acknowledgements, personally appeared "Tcse o -► � u h a to me known to be the person described in and who executed the fore- going instrument and who acknowledged before that he executed the same. WITNESS my hand and official seal this day of 19 94. pEr-- 90TARY PUBLIC, State of LiSA Florida at Large (Signature of Notary Public) 0 CIAL 7`j7,.. y 7!�AL Print W ll C -11i 0-yeii 0- Commission No. e-Q a00i qg ( � Personally known to me, or ( ✓ ) Produced Identification Canadian �DY►yov's LjC�PYIl _ Type of I.D. Produced ( ) DID take an oath, or () DID NOT take an oath. - 3 - 3214-01 Corporate • C� J ATTEST: ` By: .r✓ P Robert S. Noe, Jr., City Manager ATTEST - Carol A. Evans, City Clerk STATE OF FLORIDA SS COUNTY OF BROWARD ACCEPTED BY CITY OF TAMARAC GRAN By: orman Abramowitz, layor Date: r �" By: Robert S. Noe, Jr., City Manger Date:, 6 Appros., to ii oim B� Mi chell S. K City Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared gneg3 /M_Aj2ra&nQL.rj2 *— �!N",Vk to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before that executed the same. WITNESS my hand and official seal this day of n+eAy-*-b _.t- . 19 1 . �rnrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr»>r»rr. vri Karen Jackson > Notary Public, State of Florida ' GOmmimion No. CC 539151 > My Commission EKOM 05/ 14/00 ; ;s r eao 3440my . M tra„� s ;� & e�n;� co. ; Personally known to me, or Produced Identification (k�) DID take an oath, or NOTARY PUB C, tate of Florida a arge (Sigmau-a of Rotary Public) Print Commission No. Type of I.D. Produced DID NOT take an oath. • -4- 3214-01 EXHIBIT A Legal Description: Tract T, McNAB COMMERCIAL SUBDIVISION NO. 1, according to the plat thereof as recorded in plat book 71, page 13, public records, Broward County, Florida. • r� C� • CCL CONSULTANTS, L . • E ENGINEERS SURVEYOR$ PLANNERS 2200 PARK CENTRAL BLVD. N. SUITE 100 POMPANO BEACH, FL 33064 (305) 974-2200 POMPANO BEACH ORLANDO WEST PALM BEACH EXHIBIT B LEGAL DESCRIPTION: SEWER AND WATER AN EASEMENT ON A PORTION OF TRACT T, MCNAB COMMERCIAL SUBDIVISION NO. 1, ACCORDING TO THE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 71, PAGE 13, PUBLIC RECORDS, BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT T; THENCE SOUTH ALONG THE EASTERLY LINE OF SAID TRACT T FOR 95.25 FEET TO THE POINT OF BEGINNING OF A 22.50 FOOT WIDE EASEMENT LYING 11.25 FEET ON EACH SIDE OF AND ADJOINING THE FOLLOWING DESCRIBED CENTERLINE; THENCE WESTERLY ALONG A LINE 95.25 FEET SOUTHI! OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACT T, FO 53.00 FEET TO A POINT HEREIN AFTER REFERRED TO AS POINT A; THENCE CONTINUE WESTERLY ALONG SAID LINE 95.25 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACT T, FOR 53.00 FEET TO A POINT HEREIN AFTER IREFERRED TO AS POINT A; THENCE CONTINUE WESTERLY ALONG SAID LINE 95.2�' FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACT T FOR,'87.00 FEET TO THE WESTERLY LINE OF SAID TRACT T AND POINT OF TERMINUS. EASEMENT LINES ARE LENGTHENED OR SHORTENED TO PROVIDE A CONTINUOUS 22.5o FOOT WIDE EASEMENT. TOGETHER WITH: A 15.00 FOOT WIDE EASEMENT LYING 7.50 FEET ON EACH SIDE OF AND ADJOINING THE FOLLOWING DESCRIBED CENTERLINE, BEGIN AT POINT A AS PREVIOUSLY DESCRIBED; THENCE NORTH ALONG A LINE 53.00 FEET WEST OF AND PARALLEL WITH THE EASTERLY LINE OF (SAID TRACT T FOR 21.50 FEET TO A POINT OF TERMINUS. i EASEMENT LINES ARE LENGTHENEDI OR SHORUNED TO PROVIDE A CONTINUOUS 15.00 FOOT WIDE EASEMENT. SUBJECT TO EXISTING EASEMENTS, RIGHTS —OF —WAY, RESERVATIONS OR RESTRICTIONS, OF RECORD, IF ANY. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUD UNLESS SEALED WRH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY CCL CONSULTANTS, INC. FOR EASEMENTS AND OR RIGHTS — OF —WAY OF RECORD. 3. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. REVISIONS DATE BY REVISED SKETCH AND LEGAL CERTIFICATION: Y CERTIFY I HERETHAT THE ATTACHEC SKETCH AND LEGAL B DESCRIPTOON IS T4UE ANIr CORRECT TO :HE BEST OF MY KNOWLEDGE ANI. BELIEF AND TSIAT IT NEP.TS THE MINIMUM TECHNICAL aOARpS SFT FORTH PY THE FLORIDA STATE BOARD 0 N�1 SU 2+FYORS IN CHAPTER 61517-6, FLORIDA ADMINIST TI'r'E JOIDE. PROFESSIONAL Lw�4) $:RVcYOP, a.a57 STATE OF FLORIDA GREGORY S. MIRE, 11A.S. SCALE I: DP,'.WH �CH ECKED FIELD BY i '�M I BY G.S.M I BOOK CV LL_ O Lu L,J _ s �J •