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Home My WebLink AboutCity of Tamarac Resolution R-95-205Temp. Reso.715E CITY OF TAMARAC RESOLUTION NO. R-95 -- 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- FOR THE AUTO SPA OF TAMARAC PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the Auto Spa of Tamarac Project located on the south side of Commercial Boulevard between N.W. 47 Court and N. W. 47 Terrace and was approved by City Commission on July 26,199,5 r` and WHEREAS, the development of the Auto Spa of Tamarac property will require the installation of water utilities; and WHEREAS, an easement is required by City Code Section 22-191 for the water utilities on the Auto Spa property; and WHEREAS, Instant Office Partnership, Ltd. as the owner of the Auto Spa of Tamarac property has offered the "Tamarac Utilities West Water and Sewer Utility easement" (attached hereto as "Exhibit 1") for a water main, meter and fire hydrant; and WHEREAS, it is the recommendation of the Utilities Director that this easement be accepted and executed; and 1 1 1 Temp. Reso.7158 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 Instant Office Partnership, Ltd. for the Auto Spa of Tamarac Project required for the installation, maintenance and operation of water and utilities and infrastructures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: T N 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 Instant Office Partnership, Ltd. for the Auto Spa of Tamarac Project (attached hereto in map form as "Exhibit 2") to allow legal access by City Utility Personnel in performing their duties, including utility installation, maintenance and operation. S-EQIION 3: The City Clerk is hereby authorized and directed to record said Agreement in the public records of Broward County. -5-E.. TIC ON 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 2 Temp. Reso.7158 SECTION 5: If any clause, section, or other part of 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this*Jday of 21YY1 1995. 1 ATTEST: &LidLiz CAROL A. EVANSJ C MC. CITY CLERK I HEREBY CERTIFY tVat I have approved this RESOLUTION as MITCHELL S. rRAFT CITY ATTORNEY Utilities-mw 1 II NORMAN ABRAMOWI MAYOR RECORD OF COMN MAYOR ABRAMOWITZ niu. 1: V / M KATZ MIST. 2: COMM. MISHKIN MST. 3: COMM. SCHREIBER GIST. 4: COMM. MACHEK ION VOTE 1( _ 9S aC e-' FOR: Auto S a of Tamarac Inc. NAME OF PROJECT On this 23ecr q day of s 1995 having an address of 4500 W. Commercial Boulevard T or'd 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 herebyacknowledged b both parties. g Y 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 1 facilities, sewer lines and appurtenant facilities as well as for surf water storm ace ate 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 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 4Dof 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. 2 This easement shall not be released or amended without '10 consent of the Grantee as evidenced by a document signed with the • is 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. 3 IN WITNESS WHEREOF, Grantor has hereunto set his hand and . seal on the day and year first above written. Z_ (GRANTOR) N A Witness L� Witness Instant Office Partnership, Ltd. STATE OF FLORIDA Bruce Schreiber, President • : 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 acknowledgments, personally appeared J C —to me known to be the person(,t) described in and who executed the foregoing instrument and Re acknowledged before me that Re— executed the same. WITNESS my hand and official seal this _pq-L'L day of. -ycca% NOTARY P6BLIC, State of 8MRLY ROOKS Florida at Large 611 My Comm Exp. 3/30/98 Bonded By Service Ins No. CC360537 (Signatu e of Notary Public) rVido IJOWLa Print Commission No. (2C_3GaS�T (✓)Personally known to me, or ( )Produced Identification ( )Type of I.D. Produced ( )DID take an oath, or fDID NOT take an oath. 4 • • 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: AT E By; 1�7 n VC Robert S. Noe, Jr., City Manager ATTEST: By: U-C �- Carol A. Evans, City Clerk STATE OF FLORIDA: SS COUNTY OF ACCEPTED BY CITY OF TAMARAC GRAMEE ByIV UZ Orman Abramowitz, Mayor Date : By: VkA k)]\I— S' f�- Robert S. Noe, Jr., City Manager Date:. By roved as to fo Mitchell S.(Xraft, 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 acknowledgments, personally appeare d i 9.-.. E' „ . Ti to me known to be the person(s) described in and who executed the foregoing instrument and � acknowledged before me and under oath that executed the same. WITN SS my hand and official seal this a_ day of -e i 19 9 Si O� pay, NOTARY SEAL NOTARY PUBLIC, Late of Florida KAak`pAL � dACK50N J / e aN Nuc�n at Large • t CCx91SI6 FOF FL M� N$as;ON FxP. �ilI � 141996 (Name of Notary Public: Print, XPersonally known to me, or Stamp, or Type as Commissioned) { ) Produced identification �� 4 eo-ln Wls y0� � �i�/r-,x� vh ( ) DID take an oath, or ( DID NOT take an oath. 61 • LAND DESCRIPTION Lot A, The Patrician A, according to the Plat thereof as recorded in Plat Book 150, Page 29 of the Public Records of Broward County, Florida. Said lands Lying in the City of Tamarac, Broward County, Florida containing 49,462 squae feet (1.135 acres) more or less. • S� .'Q S-� LAND DESCRIPTION 15 FOOT WATER LINE EASEMENT THE PATRICL#N A A Water Line Easement, 15.00 feet in width, lying within The Patrician A, according to the Plat thereof as recorded in Plat Book 150, Page 29 of the Public Records of Broward County, Florida, lying 7.50 feet each side of the following described centerline: COMMENCING at the Northwest corner of said Plat, said point being on the Southerly Right -of -Way line of Commercial Boulevard as shown on said Plat (said point also being POINT OF COMMENCEMENT #1); THENCE South 39048'34" East, along said Southerly Right -of -Way line, 16.00 feet to POINT OF BEGINNING #1 and the BEGINNING of said Centerline; THENCE South 50011'26" West, 42.50 feet to the POINT OF TERMINATION of said Centerline; TOGETHER WITH A Water Line Easement, 15.00 feet in width, lying within The Patrician A, according to the Plat thereof as recorded in Plat Book 150, Page 29 of the Public Records of Broward County, Florida, lying 7.50 feet each side of the following described centerline: COMMENCING at the Northeast corner of said Plat, said point being on the arc of a curve concave to the Northeast (a radial line through said point bears North 33041' l9" East) and the Southerly Right -of -Way line of Commercial Boulevard as shown on said Plat (said point also being POINT OF COMMENCEMENT #2), THENCE Northwesterly along said Southerly Right -of -Way line and the are of said curve having a radius of 1014.93 feet, a delta of 06'16'13", an arc distance of 111.07 feet to POINT OF BEGINNING 42 and the BEGINNING of said centerline; THENCE South 40027159" West, 16.40 feet to REFERENCE POINT "A THENCE continue South 40°27'59" West, 13.50 feet to the POINT OF TERMINATION of said Centerline; TOGETHER WITH A Water Line Easement, 15.00 feet in width, lying within The Patrician A, according to the Plat thereof as recorded in Plat Book 150, Page 29 of the Public Records of Broward County, Florida lying 7.50 feet each side of the following described centerline: BEGINNING at said REFERENCE POINT "A"; THENCE North 49032101" West, 12.50 feet to the POINT OF TERMINATION of said Centerline. The sidelines of said easement to be lengthened or shortened to intersect perpendicular to said centerline or to intersect on the Southerly Right -of -Way line of Commercial Boulevard as shown on said Plat and as shown on sheet 2 of 2. Said lands lying in the City of Tamarac, Broward County, Florida Land Description Prepared by. Sunbelt Environmental Corporation 1302 S. Congress Avenue Delray Beach, Florida 33445 August 24, 1995 pat 15ut1. sam SHEET 1 OF 2 SHEETS C, J • • THE PATRICIAN A WATER LINE EASEMENT CITY OF TAMARAC, BROWARD COUNTY, _A,SNLY � �• ` PL g L / 0f . }9r FLORIDA /eii 11 9GF'y 11 111 / 91 l 1 II S40 'S9.y o vrv, �x a \ Ng Nur \ \\ M N33.41' 19• E 40 0 40 80 120 GRAPHIC SCALE IN FEET SUNBELT ENVIRONMENTAL CORP. ENGINEERS - SURVEYORS Q02 S. Congress Avenue Delray Beach, Florida 33445 (407) 361-9928 5i. ill IIAL) {�. SHEET 2 OF 2 SHEETS `, n Q) n a C r- rn A JD d 0 le I• vi cy, VZVld M F► IV I ❑213WW❑3 uo W -9 a- an Y I -� J (/l u F— L) L Irr LO Q �D H 0 � EXHIBIT 2 e- 32vnos Q U �?Jpl �� 6S6' N _ Dv21'dW'dl Ad IV Cl LSEC1213.DWG