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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-006Temp. Reso. #8857, December 14, 1999 1 CITY OF TAMARAC RESOLUTION NO. R-2000- 06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A "TAMARAC WATER AND SEWER UTILITY EASEMENT" WITH TRAMMELL CROW REALTY SERVICES, INC., FOR THE ZEPHYRHILLS PROJECT, LOCATED ON THE NORTHEAST CORNER OF HIATUS ROAD AND NW 67th STREET, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Zephyrhills Project is located on the northeast corner of Hiatus Road and NW 671h Street (attached hereto in map form as "Exhibit 1 "); and WHEREAS, the development of the Zephyrhills Project requires the installation of the Water Distribution System; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution System required to serve the Zephyrhills Project; and WHEREAS, Trammell Crow Realty Services, Inc., as the developer of the property, has offered the "Tamarac Water and Sewer Utility Easement" for water mains, water services and fire hydrants; and Temp. Reso. #8857, December 14, 1999 2 WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Zephyrhills Project; 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 accept and execute a "Tamarac Water and Sewer Utility Easement" with Trammell Crow Realty Services, Inc., for the Zephyrhills Project, required for the installation, maintenance and operation of the Water Distribution System. 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. SECTION 2: That the appropriate City Officials are hereby authorized to accept and execute a "Tamarac Water and Sewer Utility Easement" (attached hereto as "Exhibit 2") with Trammell Crow Realty Services, Inc., for the Zephyrhills Project, located on the northeast corner of Hiatus Road and NW 67" Street, to allow legal access by City Utility Personnel in performing their duties, including 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. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 C� Temp. Reso. #8857, December 14, 1999 3 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 applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of , 2000. ATTEST: CAROL GQO, CMC/AAE CITY ERK I HEREBY CERTIFY that I have appr a 1his RESOLUTIgN�s to f rm. A /% MW/krs/mg 1YTCHEL-C S.1K CITY ATTORN JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR ... SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. RQBERTS EXHIBIT I • • TEMP. RESO. # 8857 L N. d W H T A LN, p� 71 P� 3 TR11 a BA a LN. <, �WESTW❑❑D / x w PERIW �• NKEL jri j�ri, 5l V) Qf CAPTIVA n a EA H BISCUS LN. 7 rj// ) 1 � 3 PALM IDGE LN. Q 7 a d // �7a,CD �d NJEWEL BOX LN. %JD ANGEL WING DR. 9b r d 3 r � a a �- r- r x � � W w ' � N d W > � N C- Z 0 l� p U © MCNAB ROAD TEE PLAT J & J PLAT TAMARAC MARKET ............................................... ............... ................ PLACE r ZEmfyRRuw L❑VESHAW I.T.W, MIMA j SITE r LOCATION 67 ST W SUNBELT MEDIA❑NE W PRECISI❑N W T- ARCH ALUMINUM W w o w Z CULLIGAN J y WATER J COMPANY —, y y n © aW Z 'o v W LAND SEC. 7 I WESTP❑INT s V) d s� PUBLIC SERVICES COMPLEX PROPOSED STATE STREET a s W 3 a a� A Z ZEPHYRHILLS.DWG ZEPHYRHILLS WATER AND SEWER UTILITY EASEMENT • TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Zephryhills _ NAME OF PROJECT �aLI0 On this day ofJJ that Trammell Crow Realty Services, Inc. having an address of 1515 S. Federal -Highway #113 Boca Raton Florida 33432 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 and sketch 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 laying, installing, 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, Bell South, Sunrise Gas or franchised cable TV that crosses this easement at right angles. 980605 1 Water and Sewer Utility Easement 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; following reasonable notice to Grantor. Grantor grants to the 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; provided that the Grantee's right of access shall not adversely affect Grantor's, use of the servient estate. 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. 980605 2 Water and Sewer Utility Easement • ATTEST: By: �� t Type Name CCt 1 1 Srw I iI o Corporate Secretary (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF PALM BEACH Trammell Crx# Realty Services, Inc. GRANTO X�/i' � By: Type Name Pryse R. Elam President 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 +-1 _�1C Gary� to me known to be the person(s) described in and who executed the foregoing instrument and cknowledged before me and under oath that ✓ executed the same. WITNESS my hand and official seal this day of 1dyVf— -- 199 �_- fop P& MARIANNA LOVATT ��, COMMISSION # CC 677914 EXPIRES SEP 7, 2001 BONDED THW 0P ATLANTIC BONDING CO., INC. C'Personally known to me, or ( ) Produced Identification NO ARY PUBLIC, State of +exa Flc,it-dr4 at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or j; 'l ID NOT take an oath. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: 980605 3 Water and Sewer Utility Easement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe,Scfireiber Mayor ATTES By: Carol Gold, CM E City Clerk Date: —2- By:OJeff L. till City Manager a CCyity :STATE OF FLORIDA itchell Kraft, :SS Attorney COUNTY OF 1 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 PLY- 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. WITNESS my hand and official seal this day ofI� (---)Personally known to me, or ( ) Produced identification NOTARY, PUBLIC, State of Florida at Larg FFICIAL N ARY SEAL , JUNE A WHITE NOTARY PUBLIC STATE OF FLORIDA COMM O (Name of , or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath 980605 4 Water and Sewer Utility Easement • I, Pryse R. Elam_ do hereby affirm that I am the Emee4ye—V'ee President of Trammell Crow Realty Services, Inc. and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for Zephyrhills project and that I am the owner of the property covered by said Tamarac Utilities Water and Sewer Easement. There are no mortgages held on the property, which is the subject of said Tamarac Utilities Water and Sewer Easement. STATE OF FLORIDA SS COUNTY OF PALM BEACH: FURT R AFFIAPT SAYETH NOT. (Signature) This Alay of , 199-1. 1 HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of esaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in'an6 who executed the fore oing instrument and acknowledged before me and under oath that executed the same. ��� /q WITNESS my hand and official seal this --f-"`—day of �e� l l g 1QQ MARIANNA LQVATT p�PpY PU8! COMMI55ION # CC 677914 x CYPIRE5 5EP 7, 2001 90NDED 1HRU INC. j-': ;rlr. Ca�N01NG CO., �Oersonally known to me, or ( ) Produced Identification RY PUBLIC, State of Florida atLarge (� / (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, orCN}-131D NOT take an oath. 980605 5 Water and Sewer Utility Easement EXHIBIT "A" E 11 LEGAL DESCRITION PARCEL "A ' TAMARAC 1299 AS RECORDED IN PLAT BOOK BROWARD COUNTY RECORDS, LAND TRUST PLAT 151, PG. 13 CITY OF TAMARAC, FL. 'M 0 ohla ow lit Ifill,1114111n, ifill dill' T11II!,11 JgJ�J�iDr+lea,w9�eda[r[ei8s'�e:��JJ�Jr�'J[[�EF+ffR� ! j Igo 1 111 "R b k 0 EXHIBIT "B" do • 0 LEGAL DESCRIPTION 15' WATERMAIN EASEMENT A PORTION OF PARCEL "A", "TAMARAC 1299 LAND TRUST PLAT", ACCORDING TO THE PLAT TI IEREOF, AS RECORDED IN PLAT BOOK 151, PAGE 13, OF THE PUBLIC RECORDS OI' BROWARD COUNTY, FLORIDA. BEING A STRIP OF LAND LYING 7.50 FEET EACH SIDE OI' A CL'NTLRI.INL BEING MORI' PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTI I RIGHT-OF-WAY LINE OF N.W. 67'' STREET AS SHOWN ON SAID PLAT AND THE EAST LINE OF SAID PARCEL "A": THENCE SOUTH 89°26'32" WEST ALONG TI IE SOUTH LINE OF PARCEL "A" AND SAID NORTH RIGHT-OF-WAY LINE OF N.W. 67"' STREET, A DISTANCE OF 70.32 FEET; THENCE NORTH 00° 3'28" WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF SAID HEREIN DESCRIBED CENTERLINE; THENCE NORTH 00°44'55" WEST, A DISTANCE OF 183.64 FEET TO REFERENCE POINT "A"; THENCE NORTH 00°44'39" WEST, A DISTANCE OF 253.73 FEET: THENCE NORTH 42°15'07" WEST, A DISTANCE OF 53.59 FEET: THENCE NORT11 83°45'29" WEST, A DISTANCE OF 306.61 FEET; THENCE SOUTH 44°15' 14" WEST, A DISTANCE OF 16.55 FEET TO REFERENCE POINT "B"; THENCE CONTINUE SOUTH 44°15' 14" WEST, A DISTANCE OF 21.62 FEET; THENCE SOUTH 00044'24" EAST, A DISTANCE OF 301.74 FEET TO REFERENCE POINT "C'% THENCE SOUTH 00°58'05" EAST, A DISTANCE OF 8.29 FEET TO REFERENCE POINT "D"; THENCE SOUTH 00044'46" EAST, A DISTANCE OF 176-58 FEET TO THE POINT OF TERMINATION: TOGETHER WITH; BEGINNING AT SAID REFERENCE POINT "A"; THENCE SOUTH 00015' 14" WEST, A DISTANCE OF 23.85 FEET TO THE POINT OF TERMINATION; TOGETHER WITH; BEGINNING AT SAID REFERENCE POINT "B"; THENCE SOUTH 45°44'46" EAST, A DISTANCE OF 20.95 FEET TO THE POINT OF TERMINATION; TOGETHER WITH; BEGINNING AT SAID REFERENCE POINT "C'; THENCE SOUTH 89007' 19" WEST, A DISTANCE OF 18.96 FEET TO THE POINT OF TERMINATION; TOGETHER WITH; BEGINNING AT SAID REFERENCE POINT "D'; THENCE NORTH 89' 15' 14" EAST, A DISTANCE OF 32.99 FEET TO THE POINT OF TERMINATION. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, 13ROWARD COUNTY, FLORIDA CONTAINING 20,837 SQUARE FEET (0.48 ACRES) MORE OR LESS. PREPARED BY: DOUGLASS, LEAVY & ASSOCIATES, INC. 7914 WILES ROAD CORAL SPRINGS, FLORIDA 33067 DATED: NOVEMBER 5, 1999 PROJECT NO: 99033LGL.I I OF 2 • • • 151 WATERMAIN EASEMENT TRACT 8 "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2" (PB. t, PG. 102, P.B.C.R.) TRACT E SITE PARCEL A TRACT e `LARCq A r R1]AYNOER PARCEL A' IPB. 151, PG. 13, OCR) 4544.46• E rLY UNE 5 "15.14• w 20.95' PARCEL A 16.55' N R3.45'29• W _ 306.51' S 44'15'14• W n N 4515'07• W P.O.T. `~ �` _ = /%4 I 20.830.4e ACRES C \ V) \ 11i OL rM c> cai N Di III --a a I III t` ZN 00.44'24' E I I Q� o C7 301.74' N W"39• W-� l l Q d ,p�r III 2W173' L I f a �REMAINDER PARCEL A�` I pN a AMARAC 1299 LAND TRUST PLAT III (PB. 151, PG. 13, BCR) III' III e.29' 05 E I I s erar��De III N e1s 14 E s girls lw-� / 32A9D' !/ \\U� AI P.O.T. I P.O.T. P.O.T. III INN III arH'b' E N 00•44'S5• I j i/ 176.58' 153.64•�I I I,I III III III III I'I I'I III III III W33.2e• W 15,00' P.O.T. P.O.B. LEGEND S WZW32 P.O.C. SCR - Broward County Records 70.32' NORTH LINE BORY - boundary N.W. 67TH STREET ESMT - easement SOUTH LWE & EAST LINE E'LY - EastN N'LY - Nortneriy NNIw ` R ANEE PARCEL A One - Official Records Book TRACT 6 Poe - Point of Beginning "FLORIDA FRUIT LANDS COMPANY'S POC - Point of Commencement SUBDIVISION N0. 2" POT - Point of Termination R/W - Right-of-way (PB. 1, PG. 102, P.B.C.R.) S'LY - Southerly SO. FT. - Square Feet SURVEY NOTES AND QUALIFICATIONS: I. Unless it bear, the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch, plat or map m for informational Purposes only and is not valid 2. Baarings shown hereon ore relative to the plot of TAMAR 1299 LAND TRUST PIT, PB 151, PG 13. SCR. 3. Data shown hereon was compiled from instrument, of record and does not constitute a field survey a, such. For the Scott 3 ProfessVpy Surveyor k Hopper Florida Regislrotion/Nar 553\2 PREPARES BY � REVISION$ Descrl D ➢OUGLA$8, LEAYY & ASSOCIATES INC. t•4• aIONS- [ten OA tr Fb/ 1ro�t. BRAVING BATH prrrtrg data 11/04/22 ib/pBBrA =e l,t HORIZONTAL P1rorpPRONAL SURVfVans A NAppiis 7214 Wave Raga CheakerA sd SCALE (FT) �LJ� CaRAI. nilNas, MR1DA 5a0,T C�A^RD d.g r1a.99033av,.d.g O 2525 S�0 QFnCX, (444) 544-7944 FAX: )ee4) E44-aese uctNsip iui0tiai Ne. SHEET: 2�i ---. e7n