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Home My WebLink AboutCity of Tamarac Resolution R-95-1241 1 TEMP. RESO. 7090 CITY OF TAMARAC RESOLUTION NO. R-95- Z2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A WATER AND SEWER UTILITY EASEMENT WITH INTERTRES, N.V., A NETHERLANDS ANTILLES CORPORATION FOR THE INSTALLATION, MAINTENANCE AND OPERATION OF WATER AND SEWER UTILITIES IN LAND SECTION 9, NORTH OF THE CURTIS FIELD PLAT ON THE SOUTHWEST CORNER OF UNIVERSITY DRIVE AND NORTHWEST 61 STREET; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has obtained a construction permit from the South Florida Water Management District for the construction of raw water wells 18 and 19 inclusively; and WHEREAS, a condition of the current permit is the installation of two additional 830 gallons per minute raw water wells to supply the additional capacity to meet future demands; and WHEREAS, an easement is required by City Code Section 22-191 and is required for perpetual access to the proposed raw water well and transmission line installation and maintenance thereof; and WHEREAS, it is the recommendation of the Utilities Director that a Water and Sewer Utilities easement for the INTERTRES property be approved and executed; and 1 TEMP. RESO. 7090 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 water and sewer Utilities easement with INTERTRES, N.V., for the installation, maintenance, and operation of water and sewer utilities. 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 park of this resolution. SECTION 2: That the appropriate City officials are hereby authorized to accept and execute a water and sewer utilities easement for the INTERTRES property attached hereto as "EXHIBIT 1" to allow legal access by City personnel in performing their duties, including utility maintenance. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. K TEMP. RESO. 7090 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /`f day Of, 1995. ATTEST: 7 dam— CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION �s to fob. 7 utilities:nb 1 MITCHELL WKRAF CITY ATTORNEY 3 I NORMAN ABRAMOWITZ' MAYOV, RECORD OF COMMOSM VOTE MAYOR 82!! ►MVyn 1 DIST. 1: V / M KATZ DIST. 2: COMM. MISHKIN DIST. 3: COMM• SCHREIE DIST. �4: � COMM. MACHEK If - 957-/2 � • E r� L FOR: TAMARAC UTILITIES WEST WELL EASEMENT NAME OF PROJECT On this 26th day of January , 19 95 , INTERTRES N.V. a Netherland Antilles cor . , having an address of Schottegatwea-00st 130, Salinja, Curacao Netherland Antilles , hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, 'having an address at 7525 N.W. 88th Avenue, Tamarac, Florida, 333211F (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 Grantee9to 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 "H" and incorporated by reference herein, (hereinafter "the easement area"). Grantee may use the easement area for the installation and perpetual maintenance of raw water wells, raw water lines and appurtenant facilities, as well as for other comparable public utility purposes. 0 4641 -1- TUW WE EXHIBIT 1 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 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. e Grantee shall record this document in the Public Records of 0 Broward County, Florida. 922906 -2- TUW WE EXHIBIT 1 /f- 95 -124 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 the day and year first above written. ATTE CORPORA I N RT .V. , A Netherland Antilles By: Laura Guadalupe Capriles de Castro Laura jGudalupe Capriles de -Mastro aka Lupe Castr Corporate Secretary President owaci„rr. „ ( Corporate ID STATE OF FLORIDA �. SS COUNTY OF JDPrDS--- 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 Laura Guadalu a Ca riles de Castro a/k/a to me known to be the person(s) described in and who executed the fore- going instrument and � acknowledged before me that sk'o executed the same. WITNESS my hand and official . al this (A-- day of NOTARY PUBLIC, S ate of Flori 4'P,RY AlJe 0FFICIAL NOTARY SEAL a z,�i MIRIAM MEJIDO (Nameti2 Prin' ,7r , M7Jxcf�lVPSON%6XP Comm A OCT. 29 1996 Personally known to me, or Produced Identification Flo Rion FuVeK�I's Type of I.D. Produced ( ) DID take an oath, or (`DID NOT take an oath. 922906 999 TUW WE EXHIBIT 1 • • r� u Corporate ATTE By:�S.`n� Robert S. Noe, Jr., City Manager ATTEST - By: arol A. -kvans, City Clerk STATE OF FLORIDA SS COUNTY OF A�aW4,P-D . I HEREBY CERTIFY that on this authorized in the State aforesaid ake acknowledgements, personally Tr-Lj o me known to be the person(s) d foregoing instrument and executed the the same. ACCEPTED BY CITY OF TAMARAC GRA EE i By: N rman Abramowitz, Mayor Date: - By. n Robert S. Noe, Jr., , City Manager Date: /4 / App.p6ve4 ap to f B Mi City ell S {raft, Attorney day, before me, an officer duly and in the Counr�,ty of.� resaid to appeared�6w,,,� A[Ls44,, .G ascribed in and who executed the acknowledged before me that WITNESS my hand and official seal this 14 day of i 9..Zf - 0 1''%y PUB 0 FICIAL NOTARY SlAL G k-- PHYLLIS POLIKOFF COMMISSION Numman CC390392 MY COMMISSION [IIP. eP'r 3 o e ( Personally known to me, or ( ) Produced identification C NOTARY PUBLIC, £ate of Florida at Large 1 h vZ 15 fie Li"�" f- (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( v)' DID NOT take an oath. EXHIBIT 1 /?-yam Zq • EXHIBIT "A" A portion of Section 9, Township 49 South, Range 41 East, FORT LAUDERDALE TRUCK FARMS, as recorded in Plat Book 4, Page 31, of the public records of Broward County, Florida, more fully described as follows. Commence at the Southeast corner of said Section 9; thence North 0000/56/1 West along the East line of said Section 9, 1551.18 feet to a point; thence North 88059/24/1 West, 53.01 feet to the Point of Beginning of this description; thence continue North 88059,12411 West, 465.55 feet; thence North 0000156" West, 588.81 feet; thence South 88059/24/1 East, 441.00 feet to the point of curvature of a circular curve to the right; thence Easterly and Southerly along the arc of said curve, having a radius of 25 feet, an arc distance of 38.82 feet to the point of tangency of said curve; thence South 0000/56/1 East, parallel with and 53.01 feet West of, as measured at right angles to the East line of said Section 9, 564.25 feet to the Point of Beginning. Less the South 378.81 feet of said described portion. Less commence at the Southeast -corner of said Section 9; thence North 0000156" West along the East line of said Section 9, 2115.43 feet; thence North 88059/24/1 West, 53.01 feet to the point of curvature of a circular arc to the left; thence Westerly and Northerly along the arc of said curve, having a radius of 25 feet, an arc distance of 38.82 feet to the point of tangency of said curve; thence North 88059/2411 West, 47.01 feet to the Point of Beginning; thence continue North 88059'24" West, 65.00 feet; thence South 43059/24/1 East, 95.84 feet; thence North 0000/56/, West, 8.00 feet; thence North 45000/5611 West, 35.04 feet to the Point of Beginning. Less those lands described in Official Records Book 15718, Page 674. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and containing 2.165 acres, more or less. 1819Ex-A 2- 95 /z WEST PROPERTY LINE N.W. 61 st STREET 20.00' N 88'59'24" W 210.00' S 0'00'56" W PROPOSED EASEMENT c� 210.00' N 0'00'56" W 20.00' I S 88'59'24" E I P.O.B. 1.00' S 88'59'24" E I 3: OF WEST PROPERTY LINE ao � I � I n o b CURTIS FIELD PLAT z PLAT BOOK 140, PAGE 41 I U-j I I I 518.56 N 88'59'24" W ao 3 co Lo !n to o : r o SOUTHEAST CORNER SECTION 9-•-49-41 � , z 0i 0 z r� u SKETCH OF EXHIBIT "B" PROPOSED WELL EASEMENT RAW WATER WELLS #18 & #19 .•ARuh.CITY OF TAMARAC PUBLIC SERVICES / ENGINEERING DIVISION DATE: 1 11 94 FILE: EX-8 SCALE: 1" = 100' DWG. NO.: E--B1 DWN: JDC SHEET 1- OF /'c - 175—i2 4 C� A portion of Section 9, Township 49 South, Range 41 East, FORT LAUDERDALE TRUCK FARMS, as recorded in Plat Book 4, Page 31, of the public records of Broward County, Florida, more particularly described as follows: Commencing at the Southeast corner of said Section 9; thence North 0000/5611 West along the East line of said Section 9, a distance of 1551.18 feet; thence North 88*5912411 West, a distance of 518.56 feet; thence North 0000/56/1 West, a distance of 378.81 feet; thence South 88059/24/1 East, a distance of 1.00 feet to the Point of Beginning; thence continue South 8805912411 East, a distance of 20.00 feet; thence North 0000'5611 West, a distance of 210.00 feet; thence North 8805912411 West, a distance of 20.00 feet; thence South 0000"56" East, a distance of 210.00 feet to the Point of Beginning. Said lands situate, lying Broward County, Florida, less. 1819EX-B and being in the City of Tamarac, and containing 0.096 acres, more or EXHIBIT 1 TAMARAC WATER 'REATMENT PLAN WOWARD COUNTY PUMPING STATION EOGS71NG WATER MAIN-)--r� 6033 6034 N.W. 61 ST STREET ED SECUREASEMENT W31 W 6032 8025 Q 6026 6021 6024 NO. 16 n 8017 (� 6018 e01S 6016 6009 Z 6010 8we PARCEL "A" SOO 60021 CURTIS PLAT WELL NO. 19 F7 77 �\\ ❑ 6000 -M0 17702 CANAL - - - - - - TRANSMISSION LINE SKETCH OF SECURED EASEMENT FOR RAW WATER WELLS 18 & 19 AdVAL CITY OF TAMARAC UTILITIES / ENGINEERING DIVISION DATE: 2 10 95 FILE: LACOSA1 SCALE: 1" = 100' DWG. NO.: E-131 DWN: DAH SHEET -L OF 1