HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0251
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Temp. Reso. # 6638
CITY OF TAMARAC, FLORIDA
RESOLUTION R-94-oZ5"
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE A TRI-PARTY
AGREEMENT AMONG LEADERSHIP HOUSING, INQ.,
THE CITY OF SUNRISE AND THE CITY OF
TAMARAC FOR A WATER AND NATURAL GAS
UTILITY EASEMENT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIME DATE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION,1: That the appropriate City officials are
hereby authorized to execute a Tri-Party Agreement among
Leadership Housing, Inc., the City of Sunrise and the City of
Tamarac for a water and natural gas utility easement.
SECT,O� N 2: All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
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.
SECTION 4: This Resolution shall become effective
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this A day of 1994.
L. BENDER
MAYOR
ATTEST:
CAROL A. VANS, CMC
CITY CLERK
I HEREBY CERTIFY �that I av
a�ed this Resti as
t f o m .o, ., A
TMiELL S .
CITY ATTO
MAYOR
DIST 1:
DIST. 2:
DIST. 3:
DIST. 4:
RECORD OF COUNCIL VOTE
•
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TRI-PARTY AGREEMENT
Among
LEADERSHIP HOUSING, INC.
and
CITY OF SUNRISE
and
CITY OF TAMARAC
for
A WATER AND NATURAL GAS UTILITY EASEMENT
THIS INSTRUMENT PREPARED
BY AND SHOULD BE RETURNED TO.
SUNRISE CITY ATTORNEY'S OFFICE
10770 WEST OAKLAND PARK BOULEVARD
SUNRISE, FL 33351
•
TRI-PARTY AGREEMENT
Among
LEADERSHIP HOUSING, INC.
and
CITY OF SUNRISE
and
CITY OF TAMARAC
for
A WATER AND NATURAL GAS UTILITY EASEMENT
This is an Agreement dated 1993, among:
LEADERSHIP HOUSING, INC., a Delaware Corporation (hereinafter
referred to as "LEADERSHIP") and CITY OF SUNRISE, a Florida
Municipal Corporation, whose mailing address is 10770 West
Oakland Park Boulevard, Sunrise, FL 33351, (hereinafter
referred to as the "SUNRISE"), and CITY OF TAMARAC, a Florida
Municipal Corporation, whose mailing address is 7525 N.W.
88th Avenue, Tamarac, FL 33321-2401 (hereinafter referred to
as "TAMARAC"):
W I T N E S S E T H:
WHEREAS, LEADERSHIP 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
2
WHEREAS, by instrument dated February 23, 1993,
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; 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 providing 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 TAMARAC and SUNRISE to
locate within the EASEMENT LAND; and
WHEREAS, SUNRISE wishes to cooperate with TAMARAC and
accommodate its request to use the EASEMENT LAND for a water
main by conveying the Non -Exclusive Utility Easement to the
grantor, LEADERSHIP, in exchange for the reconveyance by
LEADERSHIP to SUNRISE and TAMARAC of an exclusive easement to
be used by SUNRISE for a natural gas main and by TAMARAC for
a water main; and
WHEREAS, LEADERSHIP is willing to accept conveyance of
the Non -Exclusive Utility Easement from SUNRISE and to
reconvey a utility easement over the EASEMENT LAND for the
exclusive use of SUNRISE and TAMARAC;
NOW, THEREFORE, in consideration of the sum of TEN AND
• NO/100 ($10.00) DOLLARS and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged by LEADERSHIP, the parties hereby agree states
as follows:
1. The recitals set forth above are true and correct and
are incorporated herein by referenced.
2. SUNRISE hereby grants unto LEADERSHIP and LEADERSHIP
accepts all rights obtained by SUNRISE by virtue of the
grant of easement contained in that certain
Non -Exclusive Utility Easement document recorded in
3
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Official Records Book 20617, Page 0410, of the Public
Records of Broward County, Florida.
3. LEADERSHIP 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 exercises any of
the rights to construct, rebuild, maintain and install
public utility lines within the easement, such work
shall be preformed at the sole cost and expense of
SUNRISE or TAMARAC whichever party has exercised its
rights under this Agreement, and such party shall
restore the property to as good a condition as existed
prior to the party performing the work.
4. LEADERSHIP 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 by
SUNRISE, TAMARAC and LEADERSHIP.
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)
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TRI-PARTY AGREEMENT AMONG LEADERSHIP HOUSING, INC. AND CITY
OF SUNRISE AND CITY OF TARAMAC FOR A WATER AND NATURAL GAS
UTILITY EASEMENT
WITNESS NUMBER 1
0 Print Name:
WITNESS NUMBER 2
Print Name:
(CORPORATE SEAL)
STATE OF )
COUNTY OF )
LEADERSHIP HOUSING, INC,
a Delaware Corporation
By:
Print Name:
Title:
Address:
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 as
I of LEADERSHIP HOUSING, INC., a
Delaware Corporation, who is personally known to me or who
has produced as identification and who
DID/DID NOT take an oath.
WITNESS my hand and official seal in the County and
State last aforesaid this day of 1993.
My Commission Expires:
Notary Public
Typed, printed or stamped
name of Notary Public
k
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TRI-PARTY AGREEMENT AMONG LEADERSHIP HOUSING INC. AND CITY
OF SUNRISE AND CITY OF TARAMAC FOR A WATER AND NATURAL GAS
UTILITY EASEMENT
AUTHENTICATION:
By:
(SEAL)
C�
CITY OF SUNRISE
By:
Steve W. Ef
Approved as to form:
JON M. HENNING
City Attorney
City of Sunrise
10770 W. Oakland Park Blvd.
Sunrise, Florida 33351
Telephone: (305) 746-330-,
s�r� WInning
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TRI-PARTY AGREEMENT AMONG LEADERSHIP HOUSING INC. AND CITY
OF SUNRISE AND CITY OF TARAMAC FOR A WATER AND NATURAL GAS
UTILITY EASEMENT
CITY OF TAMAR.AC
By:
AUTHENTICATION: By:
By:
Carol A. Evans
City Clerk
(SEAL)
Dina M. McDermott
Interim City Manager
Approved as to form:
MITCHELL KRAFT
City Attorney
City of Tamarac
7525 N.W. 88th A nue
Tamarac lorid 3321-2401
Telep one: (305 22
BY:
Mitchell ft
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SCHWEBKE - SHISKIN & ASSOCIATES, INC.
LAND SURVEYORS • ENGINEERS * ARCHTECTS • 3240 CORPORATE WAY • MIRAMAR. FL 33025
ORDER Me. 04105 PpEPAp p uN0IR MY EUPvRVISi4N
DATE 12.16•92
V. -PAWS.
TF#!A Is NOT A 'LAMSURVEY• L� T. Aw OR r»f
fLA. PROF LAND 9UR EYOR L5 No. `
Sl,',SeT / OF ,3 SHEETS
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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
follower
Begin at the Southwesterly corner of Parcel "F", •V.0.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 B, for 100.00 foots
thence South 78 degrees 17 minutes 26 seconds west, for 61.19
foots thence South 89 degrees 36 minutes 02 seconds West, along a
line parallel with and 60.00 feet North of. an measured at right
angles to, the South line of the Southwest 1/4 Of said Section 8.
for 22.29 feats 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 Be 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 foots thence South 89 degrees 36
minutes 02 seconds west, for 116.88 foots thence North 86 degrees
57 minutes 57 seconds west, for 200.36'feets thence South 89
degrees 36 minutes 02 seconds west, along a line parallel with and
73.00 feet North of. as measured at right angles to, the South
line of the Southwest 1/4 of said Section 8. for 91.35 foots
thence North l degree 24 minutes 48 seconds West, along a line
Parallel with and 303.00 feet East of, as measured at right angles
too, the west line of the Southwest 1/4 of said Section 8, for
243.04 foots thence South 89 degrees 36 minutes 02 **condo west,
along a line parallel with and 315.00 feet North of, as measured
at right angles to, the South line of the Southwest 1/4 of said
Section 8, for 243.04 foots thence North 1 degree 24 minutes 48
seconds West, along a line parallel with and 60.00 feet East of,
as measured at right angles to, the west line of the Southwest 1/4
Of said Section 8, for 20.00 foots thence North 89 degrees 36
minutes 02 seconds East, along a line parallel with and 335.00
feet North of. as measured at right angles to. the South line of
the Southwest 1/4 of said Section 8, for 263.04 tests thence South
1 degree 24 minutes 48 seconds East► along a line parallel with
and 323.00 feet East of# as measured at right angles to, the west
line of the Southwest 1/4 of said Section 8, for 243.04 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 Be for
72.30 foots thence South 86 degrees 57 minutes 57 seconds East for
SCHWEBKE - SHISKIN do ASSOCIATES, INC.
LAND SLWEYORS • ENGWERS • ARCHTECTS 03240 CORPORATE WAY • MIRAMAR. FL 33025
ORDER No. i9JXZ5 aRE R UNDER MY SUPERVISION
DATE �Z'i%'✓4
T148 IR NOT A 'LAND SURVEY, A. A40 D T. SPA ZPCS FLPROF LAND SURVEYOR
-SHE-pro pF SEIEETS
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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 Section 8, for 96.28 feett 1/4 of said
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 feett 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 line 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 allel with par
and 92.00 fast North of, as measured at right angles ar the South
.9E Ether
line of the Southwest 1/4 of said Section S. for 103 thence South 79 degrees 05 minutes 22 seconds East, for 58e79
feet# thence South 1 degree 26 minutes 19 seconds East, along the
westerly Boundary line of the aforementioned Parcel *Fe, -V.C.C.
PAU REPLAT- for 20.47 feet to the Point of Beginning.
Lying and being in the city of Tamarac, Broward County, Florida.
BK20617PG17.415
Bmaw IN THE WIC" MAIN" 0"
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myxrn EDMINT111M 0•
SCHWEBKE - SHISKIN & ASSOCIATES, INC.
LAND SINiVEYORS a ARCHTECTS • 3240 CORPORATE WAY • MIRAMAR. FL 33A9R
ORDER Nn, CGl4g25
DATE /2--V192
THIS IS NOT A 'LAND SURVEY•
'Weei,3 OF 3
A 0 UNDER Mir SUPERVISION
V. -APEs.
4LWZC r. Ra Al ,R22G5
FLA. PROP LAND SURVEYOR No.
Saeers