HomeMy WebLinkAboutCity of Tamarac Resolution R-95-204Temp. Reso. # 7197
L.
CITY OF TAMARAC
RESOLUTION NO. R-95--C-1
A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE A TRI-PARTY AGREEMENT AMONG PULTE
HOME CORPORATION AND CITY OF SUNRISE AND CITY
OF TAMARAC FOR A WATER AND NATURAL GAS UTILITY
EASEMENT REQUIRED FOR INSTALLING, MAINTAINING
AND OPERATING PUBLIC WATER AND GAS UTILITIES
AND INFRASTRUCTURES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the development of residential and commercial property in the
western area of Tamarac will require the installation of various City and public utilities
including water and natural gas; and
WHEREAS, certain easements are required by City Code Section 22-191 for
these utilities; and
WHEREAS, Pulte Home Corporation has offered an exclusive easement to the
City of Sunrise for a Natural Gas Main and to the City of Tamarac for a Water Main
located along the north side of Commercial Boulevard Right of Way and east of Nob Hill
Road (shown in map form as "Exhibit I"); and
1
Temp. Reso. # 7197
1
WHEREAS, a Modified Tri-Party Easement Agreement for a water and natural
gas easement has been written and has been executed by Pulte Home Corporation on
August 21, 1995 and by the City of Sunrise on August 8, 1995; and
WHEREAS, it is the recommendation of the Utilities Director that this easement
be 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 the
Modified Tri-Party Easement Agreement that is required for the installation,
maintenance and operation of water and natural gas utilities and infrastructures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
$U TIC ON 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.
1
2
Temp. Reso. # 7197
1
SECTION 2: That the appropriate City Officials are hereby authorized to
accept and execute a Tri-Party Agreement among Pulte Home Corporation and City of
Sunrise and City of Tamarac for a Water and Natural Gas Utility Easement (attached
hereto as "Exhibit 2") to allow legal access by City of Sunrise and City of Tamarac Utility
Personnel in performing their duties including water and natural gas utility installation,
maintenance and operation.
SECTION 3: That the City Clerk is hereby authorized and directed to
record said agreement in the public records of Broward County.
SECTIObI 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: 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.
1
3
Temp. Reso. # 7197
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
1995.
►1... / O- ABRAMOWITZ
ATTEST:
CAROL A. EVANS, t KC
CITY CLERK RECORD OF COMM ISTN VOTE
'1AYOR ABRAMOWITZ
I HEREBY CERTIFY that I have C.'ST. is V / M KATZ
approved this RESOLUTION as UIST. 2: COMM. MISHKIN t
to form. E.,r7ST. 3: COMM. SCHREIBER
DIST. 4: COMM. MACHEK
ITCHELL S. K AFT
CITY ATTORNEY
Utilities-mw
.4
r1
•
TRI--PARTY AGREEMENT
Among
PULTE HOME CORPORATION
and
CITY OF SUNRISE
and
0 CITY OF TAMARAC
for
►, Y tile.
This is an Agreement dated S �- 1995, among:
PULTE HOME CORPORATION, a Michigan rporation whose address
is 1.350 East Newport Center Drive, Suite 200, Deerfield Beach,
Florida 33442 (hereinafter referred to as "PULTE"), and the
CITY OF SUNRISE, a Florida Municipal Corporation, whose
mailing address is 10770 West Oakland Park Boulevard, Sunrise,
Florida 33351, (hereinafter referred to as the "SUNRISE"), and
the CITY OF TAMARAC, a Florida Municipal Corporation, whose
mailing address is 7525 N.W. 88th Avenue, Tamarac, Florida
33321-2401 (hereinafter referred to as "TAMARAC"):
W I T N E S S E T H:
WHEREAS, PULTE is lawfully seized in fee simple and is in
possession of that certain property situated in Broward
County, Florida, as more particularly described as Exhibit
"A", which is attached to and a part of this document
(hereinafter referred to as the "EASEMENT LAND"); and
6,i h L"t2-
2 ' 14 4
93 0 -9J-- /�
1Z - 9,5-- c-2 0 2/
E
WHEREAS, by instrument dated February 23, 1993,
LEADERSHIP HOUSING, INC., a Delaware Corporation (hereinafter
referred to as "Leadership") conveyed to SUNRISE a
20-foot-wide Non -Exclusive Utility Easement, which document
was recorded May 1., 1993, at Official Records Book 20617, Page
0410, of the Public Records of Broward County, Florida
(hereinafter referred to as "NATURAL GAS EASEMENT"); and
WHEREAS, LEADERSHIP conveyed fee simple title to the
Easement Land to PULTE by virtue of that Special Warranty
Deed, dated December 20, 1993, and recorded on December 23,
1993 in Official Records Book 21556, Page 854, of the Public
Records of Broward County, Florida; and
WHEREAS, SUNRISE intends to use the EASEMENT LAND as the
location for a natural gas main, which is needed in order to
supply natural gas service to persons within TAMARAC, in
accordance with that certain Agreement between SUNRISE and
TAMARAC that provides for Natural Gas Service to the City of
Tamarac; and
WHEREAS, TAMARAC has advised SUNRISE that it wishes to
use the EASEMENT LAND for the location of a water main, which
is to be a part of TAMARAC's municipally operated water
utility system; and
WHEREAS, due to the size of the water main and the area
required for future maintenance purposes, it would be
impractical to allow utilities other than TAMARAC and SUNRISE
to locate utility facilities within the EASEMENT LAND; and
WHEREAS, SUNRISE and PULTE (PULTE is the successor to
Grantor, LEADERSHIP) have the right, pursuant to Paragraph 4
of the NATURAL GAS EASEMENT, to terminate and cancel the
NATURAL GAS EASEMENT by a written instrument recorded in the
Public Records of Broward County, Florida; and
WHEREAS, SUNRISE and PULTE wish to cooperate with TAMARAC
and accommodate its request to use the Easement Land for a
water main by terminating and cancelling the NATURAL GAS
EASEMENT; and
WHEREAS, PULTE will grant an exclusive easement to
SUNRISE and TAMARAC for a Natural Gas Main and Water Main;
NOW, THEREFORE, in consideration of the sum of TEN AND
N01100 ($10.00) DOLLARS and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged by PULTE, the parties hereby agree and state as
follows:
3
le, �5- -,,,2 () Y'-
C�
u
1. The recitals set forth above are true and correct and are
incorporated herein by reference.
2. PULTE and SUNRISE do hereby terminate and cancel the
Natural Gas Easement in favor of SUNRISE, as recorded in
the Public Records of Broward County in Official Records
Book 20617, Page 0410.
3. PULTE does hereby grant unto SUNRISE and TAMARAC, their
successors and assigns, an exclusive utility easement
over, upon, across and under the EASEMENT LAND with the
full and free right and authority to construct, rebuild,
maintain, repair and install a natural gas main and a
water main for use by SUNRISE and TAMARAC, respectively.
If SUNRISE or TAMARAC exercise any right to construct,
rebuild, maintain and install public utility lines within
the easement, such work shall be performed at the sole
cost and expense of SUNRISE or TAMARAC, whichever party
exercise the right under this Agreement, and such party
shall restore the property to as good a condition as did
exist prior to the party who performed the work.
4. PULTE reserves the right and privilege to utilize the
EASEMENT LAND for all purposes not inconsistent with the
rights and privileges granted by this Agreement.
5. This easement shall be perpetual in duration, but may be
cancelled in writing by an instrument executed and
recorded by the parties, PULTE, SUNRISE, and. TAMARAC, or
their respective successors or assigns.
IN WITNESS WHEREOF, the parties have caused these
presents to be executed as of the day and year first above
written.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
4
•
TRI-PARTY AGREEMENT AMONG PULTE HOME CORPORATION AND CITY OF SUNRISE
AND CITY OF TAMARAC FOR A WATER AND NATURAL GAS UTILITY EASEMENT
WITNESS NUMBER 1
� , �1 • �' Ln._.i.S,_ fir'.
Print Name: �,j\c
WITNESS NUMBER 2
Print Name:
(CORPORATE SEAL)
STATE OF��
COUNTY OF
PULTE H M C=()Zl"
T I ON
a Mic iga Copt
By:
Steven J. aeldmaxt-,' President
Sout4 F rida Division
13SO . New Port Center Drive
Suite 200
Deerfield Beach, FL 33442
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, the foregoing instrument was acknowledged before me
by Steven J. Feldman, as President of the South Florida division, and
who is the Authorized Signatory of the PULTE HOME CORPORATION, a
Michigan Corporation, who is ersonall known to me or who has
produced /I as identification and who DID take an
oath.
WITNESS my hand and off•cial seal in the County and State last
aforesaid this ;4L day of 199S.
b
Notary Public
L CNRISTINE CARPITANO
K MY COMMISSION N CC2MM E)(P fo
pi February 13, 1997
al?.rn SOM THRU TRW FAIN DaR aCE, INC.
My Commission Expires:
Typed, printed or stamped
name of Notary Public
5
•
TRI-PARTY AGREEMENT AMONG PULTE HOME CORPORATION AND CITY OF SUNRISE
AND CITY OF TAMARAC FOR A WATER AND NATURAL GAS UTILITY EASEMENT
AUTHENTICATION:
By:
J. Dunn
Cit7-hyy
Cler
(SEAL)
0
•
CITY -OF —SUNRISE
By:
Deputy Mayor Dan Pearl
Approved as to form:
JEFFREY D. OLSON
City Attorney
City of Sunrise
10770 W. Oakland Park Blvd.
Sunrise, Florida 33351
C.
4- ?'5-,"n�Z
STATE OF FLORIDA )
ss: Acknowledgement of City of Tamarac
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority this day personally appeared Norman
Abramowitz, Mayor, and Robert S. Noe, Jr., City Manager, and acknowledged to me
and before me that they executed the above and foregoing contract for the uses and
purpose therein expressed with due authority in that behalf from the City Council of the
City of Tamarac, Broward County, Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at
Tamarac, Broward County, Florida on this � Cl' day of �Mjlo 1995.
01 PuOFFICIAL NOTARY SEAL
g;r, KAREN LEE JACKSON
n ooMM1 oto Numeea
CC201576
e My COMMISSION EXP.
OFF1C MAY 141996
-k Personally known to me
Produced identification
*tlp� O�L l
Notary Public, State of lorida at Large
e"�ev Z-eE LJff c,,�so�
Print or Type Name of Notary Public
CC2ois74 57//(/
Commission Number & Expiration Date
7a
•
TRI-PARTY AGREEMENT AMONG PULTE HOME CORPORATION AND CITY OF SUNRISE
AND CITY OF TAMARAC FOR A WATER AND NATURAL GAS UTILITY EASEMENT
CITY QF TAMARAC
By: TPMA±!!�
or - Norman [Abbrr itz
� 1 J�
AUTHENTICATION: By:
City Manager -Robert S. Noe, r.
By: —
City Clerk - Carol A. Evans, CHIC
( SEAL )
E
AGREE289
C�
Approved as to form:
MITCHELL KRAFT
City Attorney
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321-24Zl
Teleph (305) 722-59A"0
Mi
Krafk, Esquire
. PARCEL 'T a
"V.G.C. PARK REPEAT"
(ea. ma" )V. /5)
S. I' 2G'>9'E.
o�
^
Q�
Of 5
`
r �
GO' P-0$, SWzy. CORu£R; FARCE[ F"
h
d
4 vq
qnr
v
4—d-48"W.
pD8 yILL R0.4L7
w. LIIJ6 S.W. ya; SEC.B 49 �1 1
I
BON1,04RY T.�48UL,4T/O,U
Q
,v.79°05'Z2'W
CJ./9'
o
S.7877-TaaW
GJ.J9'
S. 89'3G 02'W
2229'
®
S.0=23:98 .
12.00'
2OX'
®
V0123,s8"w
/�00'
®
S. 79705 22L`.
58.79'
20.47'
A107LO e L4'Gt',UD :
BEAR/A/6S SHOW U ,NEQEO,U ARE
STAAF PLAAIE BEAR/A/GS PER
M/SCELLW-60US PLOT WOK3 AT
PAOE dG OF 79F Rieue RECORDS
OF BROWA.e0 COUWY, FLORIDA.
P,0.8. OEA/0T65 PoAA17OFBEGIAIA/1A/c.
DW07-ES CEAJTERUAJE,
SC4LE : /"_ /50'
SCHWEBKE - SHISKIN & ASSOCIATES, INC.
LAND SURVEYORS • ENGINEERS 6 ARCHITECTS • 3240 CORPORATE WAY • MIRAMAR, FL 33025
ORDER No. 94—W—Z . PREP R UNDER MY SUPERVISION
DATE - 4 25 °14 V •PRES.
LOAI O T. RA . OR rryye�
THIS IS NOT A 'LAND SURVEY' FLA. PROF LAND SURVEYOR No. L�G✓c
. S.uFFT / n,c ? ZuFF rc
1(� -('s-�za�.
AGREE289
Exhibit A
•
•
�e - 9sa0141
SKETCH TO ACCOMPANY LEGAL DESCRIPTION:
(PROPOSED 20 FOOT UTILITY EASEMENT)
A portion of Tract 13 in Section 8, Township 49 South, Range 41
East, "FORT LAUDERDALE TRUCK FARMS", according to the plat thereof
as recorded in Plat Book 4 at Page 31 of the Public Records of
Broward County, Florida, being more particularly described as
follows:
Begin at the Southwesterly corner of Parcel "F", "V.G.C. PARK
REPLAT", according to the plat thereof as recorded in Plat Book
146 at Page 15 of the Public Records of Broward County, Florida
(said Point of Beginning being 60.00 feet North of, the South line
of the Southwest 1/4 of said Section 8); thence run North 79
degrees 05 minutes 22 seconds West, for 61.19 feet; thence South
89 degrees 36 minutes 02 seconds West, along a line parallel with
and 72.00 feet North of, as measured at right angles to, the South
line of the Southwest 1/4 of said Section 8, for 100.00 feet;
thence South 78 degrees 17 minutes 26 seconds West, for 61.19
feet; thence South 89 degrees 36 minutes 02 seconds West, along a
line parallel with and 60.00 feet North of, as measured at right
angles to, the South line of the Southwest 1/4 of said Section 8,
for 22.29 feet; thence North 83 degrees 33 minutes 42 seconds
West, for 100.72 feet; thence south 89 degrees 36 minutes 02
seconds West, along a line parallel with and 72.00 feet North of,
as measured at right angles to, the South line of the Southwest
1/4 of said Section 8, for 267.00 feet; thence South 0 degrees 23
minutes 58 seconds East, at right angles to the last and next
mentioned courses, for 12.00 feet; thence South 89 degrees 36
minutes 02 seconds West, for 116.88 feet; thence North 86 degrees
57. minutes 57 seconds West, for 200.36 feet; thence South 89
degrees 36 minutes 02 seconds West, along a line parallel with and
72.00 feet North of, as measured at right angles to, the South
line of the Southwest 1/4 of said Section 8, for 91.35 feet;
thence North 1 degree 24 minutes 48 seconds West, along a line
parallel with and 303.00 feet East of, as measured at right angles
to, the West line of the Southwest 1/4 of said Section 8, for
20.00 feet; thence North 89 degrees 36 minutes 02 seconds East,
along a line parallel with and 92.00 feet North of, as measured at
right angles to, the South line of the Southwest 1/4 of said
Section 8, for 92.30 feet; thence South 86 degrees 57 minutes 57
seconds East for 200.36 feet; thence North 89 degrees 36 minutes
02 seconds East,, along a line parallel with and 80.00 feet North
of, as measured at right angles to, the South line of the
Southwest 1/4 of said Section 8, for 96.28 feet; thence North 0
degrees 23 minutes 58 seconds West, at right angles to the last
and next mentioned courses, for 12.00 feet; thence North 89
degrees 36 minutes 02 seconds East, for 288.20 feet; thence South
83 degrees 33 minutes 42 seconds East, for 100.72 feet; thence
North 89 degrees 36 minutes 02 seconds East, along a line parallel
with and 80.00 feet North of, as measured at right angles to, the
South ling of the Southwest 1/4 of said Section 8, for 19.11 feet;
thence North 78 degrees 17.minutes 26 seconds East, for 61.19
feet; thence North 89 degrees 36 minutes 02 seconds East, along a
line parallel with and 92.00 feet North of, as measured at right
angles to, the South line of the Southwest 1/4 of said Section 8,
for 103.96 feet; thence South 79 degrees 05 minutes 22 seconds
East, for 58.79 feet; thence South 1 degree 26 minutes 19 seconds
East, along the Westerly Boundary line of the aforementioned
Parcel "F", "V.G.C. PARK REPLAT" for -20.47 feet to the Point of
Beginning.
Lying and being in the City of Tamarac, Broward County, Florida.
SCHWEBKE " SHISKIN & ASSOCIATES, INC.
LAND SURVEYORS • ENGINEERS 0 ARCHITECTS • 3240 CORPORATE WAY* MIRAMAR, FL 33025
ORDER No. 3 P 0 UNDER MY SUPERVISION
DATE _ 4' 25�PRd yR=16-
THIS IS NOT A 'LAND SURVEY' 14111
LAVRO ? 11 R
a pr
FLA, LAND VEYVH N1.226-5