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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-057Temp. Reso. #7343 - Feb. 26, 1996 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 WEINTRAUB DEVELOPMENT CORP., LONSDALE DEVELOPMENT, INC., GRACLARK, INC., AND DEERCOM, INC., FOR THE POINTE VILLAS PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the Pointe Villas Project located on the south side of N.W. 77th Street between N.W. 96th Avenue and Nob Hill Road (shown in map form as "Exhibit 1 ") was approved by City Commission on September 27, 1995; and WHEREAS, the development of the Pointe Villas Project required the installation of a water distribution system and a wastewater collection system; and WHEREAS, a water and sewer utility easement is required by City Code Section 22- 191 for the water distribution system and the wastewater collection system on the Pointe Villas Project; and WHEREAS, Weintraub Development, Lonsdale Development, Inc., Graclark, Inc., and Deercom, Inc., as the owners of the property have offered a "Tamarac Utilities West Water and Sewer Utility Easement" for the water distribution system and the wastewater collection system; and 1 1 Temp. Reso. #7343 - Feb. 26, 1996 WHEREAS, it is the recommendation of the Director of Utilities that this water and sewer 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 Weintraub Development, Lonsdale Development, Inc., Graclark, Inc., and Deercom, Inc., for the Pointe Villas Project required for the installation, maintenance and operation of water and sewer utilities and infrastructures. 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. .S9.QTION 2: The appropriate City Officials are hereby authorized to accept and execute a "Tamarac Utilities West Water and Sewer Utility Easement" with Weintraub Development, Lonsdale Development, Inc., Graclark, Inc., and Deercom, Inc., for the Pointe Villas Project (attached hereto as "Exhibit 2") to allow legal access by City Utilities Personnel in performing their duties, including utility installation, maintenance and operation. SECTION 3L The City Clerk is hereby authorized and directed to record said Agreement in the public records of Broward County. 6 1 1 1 Temp. Reso. #7343 - Feb. 26, 1996 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 applicatiorib of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �c / da of Alr'C� Y 1996. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have ar)Pw ;d this RESOLUTION iTCHELL S. CITY ATTO utilities/res/rmc " NIrd � - -. , MAYOR RECORD' OF COMMISSION VOTE MAYOR ABRAMOWITZ 7 DIST.1: tOMMMISHKIN . McKAYE DIST.2: . DlST.3:. HREIBER DIST.4: V/M MACHEK k1 FOR: NAME OF PROJECT On this. day of 4erj WEINTRAUB DEVELOPMENT CORP., CONSDALE DEVELOPMENT, INC. 199 ,_GRACLARK, INC., AND DE ROOM, INC. having an address of 7760 WpSf 20th ,Suite #1, Hialeah,.Fl 33016 , 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, 962601 1 TUC+JWSUE 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 Sell 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. 962601 2 TUMSUE 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. 9 962601 3 TClMSUE IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTO WEINTRAUB DEVELOPMENT C07P. Witness 9bsf/,J Presiw,rr Witness 6**.'V40ffel�:a0]34117:w : SS COUNTY OF t>►gD67 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 Z�V-,f:-/ AZ/ Z X-to me known to be the person(s) described in and who executed the foregoing instrument and _ilF acknowledged before me that % executed the same. WITNESS my and official seal this 2r21 day of �'�G g 121,Z%_ z_ NOTARY PUBLIC, State of 27i a Large �� r•• OFFICIAL MIGUEL ui2 (Signa e f No$a blIt ommisslon Expires s ept. 22, 1996 Prin ..�.°�..�•' Comm. No. CC 224712 Comm' sion No. (Personally known to me, or ( )Produced Identification ( )Type of I.D. Produced (%W)DID take an oath, or ODID NOT take an oath. 962601 4 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written.. (GRANTO ONSDALE DEVELOPMENT INS:. itness m- Jcsk A-cs-viW V►c.0 Pfkoi6i4t.Arr Witness STATE OF FLORIDA : SS COUNTY OF ]AD(5 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 5htfU94 (AJO4iv2fn2B k to me known to be the person(s) described in and who executed the foregoing instrument and he- acknowledged before me that b4_ executed the same. WITNESS my hand and official seal this ZO day of NOTARY PUBLIC, State of Florida at Large (Signs re f Nota Public) Print/ ,««...., OFFICIAL SEA Commission 14C Cm +" "`"��'•«: L. i My Commission Expires (X) Personally known to me, or 66«« Sept. 22, 1996 ( )Produced Identification "««'r °F,* Comm. No. CC 224712 ( )Type of I.D. Produced ( )DID take an oath, or )DID NOT take an oath. 962601 5 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written, (GRANT GRACLARK, 1NC. Witness Witness STATE OF FLORIDA : SS COUNTY OF DADS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid %.0 take acknowledgments, personally appeared- _ 5A� u EL W E� �-�2,4j g V-to me known to be the person(s) described in and who executed the foregoing instrument and �v acknowledged before me that IVexecuted the same. WITNESS my hand and official seal this day of OL4`6" NOTARY PUBLIC, State of Florida at Large (Sign re f Notary Public) Print,,'►•""';,.,• OFFICIAL SEAL Commission Nose*''`-: } " N My Commission EK-Ares ( Personally known to me, or Sept. 22, 1996 ( ) Produced IdentificationCC 224i12 ( )Type of I.D. Produced ( ) DID take an oath, or ( 1(� ) DID NOT take an oath. 962601 6 TUMSUE IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR EERCOM, IN'C. GC/.P-l.GL Z� tyiness�� ��$,✓ lllCP�CsiD,iU7"' Witness STATE OF FLORIDA : SS COUNTY OF I HERESY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to Lakt: ackaowledgments, personally appeared 5 Arr4 uE,�_ W fJ AJ-RAII 8 _to me known to be the person(s) described in and who executed the foregoing instrument and be- acknowledged before me that Le ,,,.,executed the same. WITNESS my hand and official seal this Z t:6' day of De-ewiae< NOTARY PUBLIC, State of Florida at Large OFFICIAL SEAL 4� (Sign re f " M7 L6 Expires Pri t Sept. 22, 1996 Commission rN'�►r�OF Comm. No. CC 224712 00 Personally known to me, or ( )Produced Identification ( )Type of I.D. Produced ( )DID take an oath, or ( X )DID NOT take an oath. 962601 7 TUWWSUE r� 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: ATTEST: By: S—. Robert S. Noe, Jr., City Manager ATTEST: j By: Carol A. Evans, City Clerk STATE OF FLORIDA: : SS COUNTY OF• OWft: ACCEPTED BY CITY OF TAMARAC G T E By: Xi N rman Abramowitz, Mayor Date • l U \ �t By: Robert S. Noe, Jr., City Manager Date:.. - ' -APO-X t9�(� Ap rove' as to for : .. B Mitchell S. Kraft, City Attorney II I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to s�take acknowledgments appeared��AbWj 21�)i I r- r�uD�rrs �UUe,T�..CrlYm"me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executeJ the same. WITNESS my hand and official s WM his ay of 199i . NO ARY PUBLIC, Stze of Florida RY PV OFELAG RAL �1P Bpi a ,LargerBXP.o6 (Name of Notary Public: Print, M Pers6nally known to me, or Stamp, or Type as Commissioned) ( ) Produced identification • Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. i] K ?k� IIVVWTRT'T An pp r ;bt i11Idt 3 i MINy[ rI • u 7 r j CONSUL -TECH ENGINEERING, INC. Consulting Engineers a Landplanners a Land Surveyors CrE 50 E. SAMPLE RD. 4th FLOOR POMPANO BEACH, FL. (305) 785-8400 --SKETCH AND DESCRIPTION -- NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DESCRIPTION SHOWN HEREON. 6.Or7 L-/E89' 51 � 15'M/ NYf• 77rH ,GREET J �' �2 9DJi1 IOR�• G A UTILITY EASEMENT LOCATED WITHIN A PORTION OF TRACTS 23 AND 24 OF THE FLORIDA FRUIT LANDS SUBDIVISION NO. 2 li-TL1OD I _ _ _ _ _ I AS RECORDED IN PLAT BOOK 1, PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. L 3T89 I LYING WITHIN SECTION ,a TOWNSHIP 49 SOUTh o-3rtaa� = I RANGE 41 EAST, CITY OF TAMARAa BROWARD Tl.4B !� NBrYI r5T'E CANAL �j f lGlol! m, 602 Pa 689 BCA) P.D�C SAY. COMER SECTION 5 49 4/ wTO THE BEST OF YY KNOWUMCE AND BELEF IHOM COMFY THE SKETCH W* MfN HOMON MEETS 1hFE WOW TECNNXAL STANHDAADS FOR LAW SURVEYM AS MANDATED BY FLORDA STATUTES CHAPTER 472.0 - UPDATES/REVOONS DATE BY CPD Job No. 931215 Dram By, E. DUNCAN THS DRAWING IS NOT Vl?A 4,iHl.rr,8S rr AN VnSCAL k Sif.YIATURE ERNEST W. DUNCAMI DATE REGISTERED L&M SU'RVE7OR No.5162 STATE OF FLORIDA NOTE: The undersigned and CONSUL -TECH 'NO ERW.. INC. milks no } representations or gorontees as to the compliteneas of the infor;:!t n 1 reflected hsrsoo pertaining to easernsnts, trt-ot-wy, sei-bock nines. reservation{, 00gQr1'esments or Other natters Of retc Tars instrurnent is intended to reflect or set forth only those itwm shown in the reforenoes 1 obonra, CONSUL -TECH ENGINEERING, INC. Qid not ressaeh On pubkc records for matters affecting the lads shorn. NOTE: This instrument is the property of CONSUL -TECH ENCDEERINC, INC. and shill not be reproduced in whole or in part without written permission of CONSUL -TECH ENGINEERING, INC. 7 Cracked BY- du. I F.B. PC. 1 sods, NOT TO SCALE 1 UTILITY EASEMENT A portion of land lying within Tracts 23 and 24 of the Plat of "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2" as recorded in Plat Book 1, Page 102 of the Public Records of Palm Beach County , being more particularly described as follows: COMMENCE at the Southwest corner of Section 5, Township 49 South, Range 41 East; thence North 00' 06' 44" West along the West Line of Section 5, a distance of 2510.67 feet; thence North 80' 11' 57" East, a distance of 110.08 feet to the Southeast corner of Parcel B, Kings Point Recreational complex as recorded in Plat Book 115, Page 27, Broward County Records; thence North 00' 06' 44" West along the East fine of said Parcel "B", a distance of 185.43 feet to the point of curvature of a non -tangent curve concave to the Northeast, having a radius of 70.00 feet, a central angle of 99" 41' 19" and a radial bearing of North 89' 53, 16" East, said point being the POINT OF BEGINNING AND POINT "A"; thence Southeasterly along said curve an arc distance of 121.79 feet to a Point of Tangency; thence North 80' 11' 57" East, a distance of 128.33 feet to the point of curvature of a circular curve concave to the Northwest having a radius of 70.00 feet and a central angle of 86' 24' 09"; thence Northeasterly an arc distance of 105.56 feet to a Point of Tangency; thence North 06' 12' 12" West, a distance of 698.15 feet to a point on the South Right of Way of N.W. 77th Street; thence South 75' 45' 15" West, a distance of 27.50 feet to the point of curvature of a circular curve concave to the North, having a radius of 1680.00 feet and a central angle of 00' 26' 23 % thence Southwesterly an arc distance of 12.89 feet; thence South 06' 12' 12" East, a distance of 70.34 feet to the point of curvature of a circular curve concave to the Northwest, having a radius of 30.00 feet and a central angle of 90' 00' 00"; thence Southwesterly an arc distance of 47.12 feet to a Point of Tangency; thence South 83' 4T 48" West, a distance of 71.49 feet to the point of curvature of a circular curve concave to the Southeast, having a radius of 70.00 feet and a central angle of 31' 00" 3 5"; thence Southwesterly an arc distance of 37.89 feet; thence South 83' 47' 22" West, a distance of 27.93 feet; thence South 00' 06' 44" East, a distance of 586.12 feet to the POINT OF BEGINNING AND POINT "A"; Less and except the following described parcel of land. COMMENCE at said POINT OF BEGINNING and POINT "A"; • thence North 89° 53' 16" East, a distance of 40.00 feet to the point of curvature of a non -tangent circular curve concave to the Northeast, having a radius of 30.00 feet, a central angle of 99° 41' 19", and a radial bearing of North 89° 53' 16" East; thence Southeasterly, an arc distance of 52.20 feet to a Point of Tangency; thence North 80° 11' 57" East, a distance of 128.33 feet to a point of curvature of a circular curve concave to the Northwest, having a radius of 30.00 feet and a central angle of 86° 24' 09"; thence Northeasterly, an arc distance of 42.25 feet to a Point of Tangency; thence North 06° 12' 12" West, a distance of 522.21 feet to the point of curvature of a circular curve concave to the Southwest, having a radius of 30.00 feet and a central angle of 90° 00' 00"; thence Northwesterly an arc distance of 47.12 feet to a Point of Tangency; thence South 83 ° 47' 48" West, a distance of 71.49 feet to a point of curvature of a circular curve concave to the Southeast having a radius of 30.00, and a central angle of 83 ° 54' 32"; thence Southwesterly an arc distance of 43.93 feet to a Point of Tangency; thence South 00° 06' 44" East, a distance of 533.27 feet to the POINT OF BEGINNING AND POINT "B"; Said lands lying in the City of Tamarac, Broward County, Florida. LAW PDATA\SHARFDkSURV EYLLEC L\93111 S.N6 L.J 0 • lie EXHIBIT I LAND SEC, 6 SEDGEFIELD /GRE/E/NW S{PERT j�OM�L/E�X` T R 16 a TR27 EVANGELICAL COVENANT CHURCH TR33 KINGS PT. PROF. PLAZA 0 Z TR23 ROCKFORD TR28 0�w z w0 © zO U Lopq 0D Z WJ Y QU 006 TR29 �i Til:�f►��:��� N Q J W 3 m 76 WEST LAKE VILLAS VILLPS co 75 CT PRING LAKE BeLF` NORTH ASHMONT CIR �Rr G1 THIS g B E L F 0 R T ASHMONT BELF ❑R _ CzR SqU rH QV H�LLnW G� TR40 NOB HILL/ WESTWOOD PLAT POINTS VILLAS WATER AND SEWER UTILITY EASEMENTS TION mo BITE TR42 PTVLUEAS.DWG