HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-125Temp. Reso. #8978
April 14, 2000 1
CITY OF TAMARAC
RESOLUTION NO. R-2000-
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 LENNAR HOMES, INC., FOR THE KINGS
POINT THEATER PROJECT, LOCATED ON THE
SOUTHEAST CORNER OF NOB HILL ROAD AND NW 77th
STREET; TO ALLOW LEGAL ACCESS BY CITY UTILITY
PERSONNEL FOR INSTALLING, MAINTAINING, AND
OPERATING THE WATER DISTRIBUTION SYSTEM;
AUTHORIZING AND DIRECTING THE CITY CLERK TO
RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF
BROWARD COUNTY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Site Plan for the Kings Point Theater Project, located on the
southeast corner of Nab Hill Road and NW 771h Street (attached hereto in map form as
"Exhibit 1 ") was approved by City Commission on October 9, 1996; and
WHEREAS, the development of the Kings Point Theater 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 Kings Point Theater Project; and
WHEREAS, Lennar Homes, Inc., as the owner of the property, has offered the
Tamarac Water and Sewer Utility Easement for water mains, water services and fire
hydrants; and
Temp. Reso. #8978
1 April 14, 2000 2
WHEREAS, it is the recommendation of the Interim Director of Utilities that this
easement be accepted and executed for the Kings Point Theater 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 Lennar Homes, Inc., for the Kings Point
Theater 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 Lennar Homes, Inc., for the Kings Point Theater Project, located on the
southeast corner of Nob Hill Road and NW 77th 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
1
Temp. Reso.#XXXX October 14, 1998 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.
RWkrs/bl
PASSED, ADOPTED AND APPROVED this - `/ day of ,
q-5--0- X44c!��k �
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKtN
DIST 3: COMM. SULTANOF
DIST 4: VIM ROBERTS
E-1/1"HIBIT I
TEMP. RESO. # 8978
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KPTHEATER.DWG
KINGS POINT THEATER
WATER AND SEWER UTILITY EASEMENT
"Exhibit 2"
•
•
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR: —Kinaa Point
NAME OF PROJECT
On this v94 day of � -AQV4--01 _, that Lennar Homes, Inc. _
aving an address of
8190 state Road 84 Davie Florida 33324 ,
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 88tn
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.
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.
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
•
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
By:
Type Name � k C ; e ,- A,
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF
Lennar Homes, Inc.
GRANTOR a Florida Corporation
By:
Type Name ud
�/y
Vice President
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State afore an in. the -County aforesaid to take acknowledgments, personally
appeared �� �� Ott C(5-V to me known to be the person(s)
described in and 4vho executed the fore oing instrument and acknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this D` day of _ ZTIJ
20c ,
�.
( Personally known to me, or
( ) Produced Identification
N,bTARY PUBLIC,'Stafe of Florida
at La
(Name of Notary Publ c: Print, Stamp,
or type as Co NOTARYSEAL
GRACE LAWLL.A
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CCO16418
MY COMMISSION EXP. MAR 29—OM
Type of I.D. Produced
( ) DID take an oath, or ( DID NOT take an oath.
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:
ATTEST:
By: y✓
Marion Swenson
Interim City Clerk
ACCEPTED BY CITY OF TAMARAC
GRANT E
By:
Joe reiber
Mayor
Daty
By: ••t�-�-....
Jeffrey L. Mill
City Manager
Date:
By: �ft,
STATE OF FLORIDA Mitc S. Kr
SS City Attorney
COUNTY OF &Wvg mot- :
i 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
e So ret be+r�J -� e- Z W me known to be the person(s) described in and
who executed the f regoing Instrument and acknowledged before me and
under oath that �.- executed the same.
WITNESS my hand and official seal this day of ,
20 ft
OFFICIAL NOTARY SEAL
MARION SWENSON
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION \O. CC605215
My COMMISSION EXI'. DEC.15,2000
(� Personally known to me, or
( ) Produced identification
--I&
NOTARY PUBLIC, State of Florida
at Large
0'j ti"
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
• ( )'DID take an oath, or (XDID NOT take an oath
980605
4 Water and Sewer Utility Easement
EXHIBIT A
I* LEGAL DESCRIPTION.
PARCELS 'A', "B ", and "C', KINGS POINT RECREATIONAL COMPLEX,
as recorded in PLAT BOOK 115, PAGE 27 of the PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA, less and excepting the Following
described portion OF PARCEL "B' there From -
Beginning a t the Southeast corner of said Parcel 'B'; running thence
North 0° 06' 44' West along the East line of said Parcel 'B'
a distance of 461,36 feet; thence South 89°53'19' West,
a distance of 310,23 feet; thence South 0° 13'05' East,
a distance OF 205.41 feet, thence South 80' 41 '57' West,
a distance of 439.31 Feet, thence South 9°18'03' East along
the Westerly line of said Parcel 'B', a distance of 239.05 Feet
to a point on a curve Concave to the South (a radial line
From said point bears South 16° 10'00" West); thence
Southeasterly along said curve, an arc distance of 4.00 Feet
(said curve having a radius of 70.00 feet and a central angle
of 3° 16' 14') to a point of tangency) thence South 70° 33'46'
East a distance of 88,40 Feet, to a point of curvature of
a curve concave to the North; thence Southeasterly and Easterly
along said curve on arc distance OF 96.96 Fee t(sa id curve
having a radius OF 190,00 Feet and a central angle OF
29 ° 14' 17') to a point or' tangency; thence North 80 *11 '57'
East along the Southerly line of said Parcel 'B', a distance
of 530,25 Feet to the POINT OF BEGINNING
Said property lying in the City of Tamarac, Broward County,
Florida and contains 8,17 acres more or less.
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FINAL OVERALL SITE PLAN
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�/�� "'"'•" "' KINGS POINT RECREATIONAL
A ■rr■ l� � � F.IkR. BUILDERS, INC. COMPLEX
CARNAHAN • PROCTOR • CROSS INC.
CERTIFICATE OF AUTHORIZATION NO. LB 2936
6101 WEST ATLANTIC BLVD., MARGATE, FL 33063
PHONE (953)972-3959 FAX (954)972-4178 E-MAIL: margate@camahan-proctor.com
DESCRIPTION AND SKETCH
(15 FOOT WATERLINE EASEMENT)
KINGS POINT RECREATIONAL COMPLEX
LEGAL DESCRIPTION
A 15.00 FOOT STRIP OF LAND LYING IN PARCELS A, C AND E, "KINGS POINT RECREATIONAL COMPLEX",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 115, PAGE 27 OF THE PUBLIC RECORDS OF
BROWARD, FLORIDA, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL C; THENCE NORTH 79-17'17" EAST, ALONG THE
SOUTH LINE OF PARCEL C, A DISTANCE OF 260.29 FEET TO THE POINT OF BEGINNING; THENCE NORTH 10*09'34"
WEST, A DISTANCE OF 70.63 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "A"; THENCE
SOUTH 79°36'01" WEST, A DISTANCE OF 49.44 FEET; THENCE NORTH 63°22'30" WEST, A DISTANCE OF 31.49 FEET;
THENCE NORTH 10'09'19" WEST, A DISTANCE OF 145.56 FEET TO A POINT TO BE KNOWN HEREINAFTER AS
REFERENCE POINT "B"; THENCE NORTH 03050'14" WEST, A DISTANCE OF 99.98 FEET TO A POINT TO BE KNOWN
HEREINAFTER AS REFERENCE POINT "C"; THENCE NORTH 02-48-07" WEST, A DISTANCE OF 49.32 FEET; THENCE
NORTH 88"03'44" EAST, A DISTANCE OF 45.22 FEET; THENCE SOUTH 53"43'17" EAST, A DISTANCE OF 20.36 FEET;
THENCE NORTH 89920'36" EAST, A DISTANCE OF 39.75 FEET TO A POINT TO BE KNOWN HEREINAFTER AS
REFERENCE POINT "D"; THENCE NORTH 88-11'43" EAST, A DISTANCE OF 278.03 FEET TO A POINT TO BE KNOWN
HEREINAFTER AS REFERENCE POINT "E"; THENCE SOUTH 00-12-08" WEST, A DISTANCE OF 98.54 FEET TO THE
POINT OF TERMINATION.
TOGETHER WITH THE FOLLOWING DESCRIBED 15.00 FOOT WIDE STRIPS OF LAND, THE CENTERLINES OF SAID
STRIPS OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE AFORESAID REFERENCE POINT "A"; THENCE NORTH 80°03'38" EAST, A DISTANCE OF 36.74
FEET; THENCE NORTH 09°24'48" WEST, A DISTANCE OF 20.28 FEET TO THE POINT OF TERMINATION.
BEGINNING AT THE AFORESAID REFERENCE POINT "B": THENCE NORTH 66°13'14" EAST, A DISTANCE OF 5.95
FEET; THENCE SOUTH 48"45'14" EAST, A DISTANCE OF 25.64 FEET TO THE POINT OF TERMINATION.
BEGINNING AT THE AFORESAID REFERENCE POINT "C"; THENCE SOUTH 88°53'55" EAST, A DISTANCE OF 36.63
FEET; THENCE SOUTH 85°57'37" EAST, A DISTANCE OF 47.02 FEET TO THE POINT OF TERMINATION.
BEGINNING AT THE AFORESAID REFERENCE POINT "D"; THENCE SOUTH 02°52'00" EAST, A DISTANCE OF 28.79
FEET TO THE POINT OF TERMINATION.
COMMENCING AT THE AFORESAID REFERENCE POINT "E"; THENCE NORTH 85012'22" EAST, A DISTANCE OF 175.76
FEET TO THE POINT OF BEGINNING;THENCE NORTH 88441'31" EAST, A DISTANCE OF 23.39 FEET TO THE POINT OF
TERMINATION.
(SIDE LINES OF SAID STRIPS OF LAND TO BE PROLONGED OR SHORTENED TO FORM A CONTINUOUS EASEMENT
AND TO TERMINATE AT SAID SOUTH LINE PARCEL C)
DESCRIPTION AND SKETCH
(15 FOOT WATERLINE EASEMENT-)
KINGS POINT RECREATIONAL COMPLEX ll. w.
Io THIS
Ix �, SKETCH
LULA11UN MAP �
N. T. S.
PRO15' WATERLINE IE
Nee003.44~E 553043'17"E EASEMENT REFERENCE i
POINT "E" �
45.22• 20.36'
N89°20'36"E N88°II'43 •... i
— -s: 39.75 . ` `` ` ; . 278.03 :"E7.50' �'.....• 2
0p lI 7.50 •
502 ° 52 � � _..�..._I • I• I � �
284,6
.79 •�.1' - REFERENCE ;
N� `..+� „�,. ,r� • POINT'�� i'� �;: ; 'ii �;i �• :.i� r�' i' ; 'i! '�r ;'1i f'� ' x: ;r: 'yr •�•
P. 0. T. • .,.................... Soo° 12.08 W j
5°57'37 P j,',.r•!:r '�•, 98.54'
I 47 02' + •.r;' I I i rf
I "S88°53'55"E P•O.T. I
1 I I 36 fi3' ...........
W. 1• REFERENCE
�� •i POINT ^C" 3
M° I -REFERENCE
s4,.
S48045. 14 -E KINGS POINT RECREATIONAL COMPLEX ; `, .0. �
25.64' (P.B. 115, PG. 27 B.C.R.) `, �.
fl
1 N66 ° 1 3. 14 "E �� ::4, ■
5.95'
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FILE No,775 04/07 '00 07:48 ID:CARNAHAN&PROCTCR&CROSS FAX:9549724178 PAGE 3i 3
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07-'29 99 TtiV 17- j9 FAX 101 3..i 630e JI-irGAL w1uuz/UU2
LL PARTNERS, INC.
CERTIFIED RESOLUTION
I, David a. McCain, Secretary of LL PARTNERS, INC,, a Nevada corporation. do hereby
certify that the following Resolution was duly adopted by Consent of the Board of Dnwors of
SOW corporation dated December 30, 1097, and that such Resolution hoe not been amended or
rescinded and is in full force and effect on the dote hereof.
RESOLVED, that all contracts, leases, deeds, mortgages, satisfaction
'0iAces of mortgages, relearn and assignmenh of mongagea, releases
and satisfactlona of h+dtimente and Any and all other Inslruments sna
documents necessary in or which pertain to the busino*G of the compan
shall be executed and acknowledged on behalf,of the company by they
President or any Vice President and that the co goal chat# be
axed thereto and attested by the Secretary or any Asrporosistant Secretary
and the execution and delivery of ouch papers by such officers shall be
considered as evidence of the company's approval of the apedAa
transaction and of the autha tty of such officers to execute, acknowledge
and deliver such papers in connection therewith,
I FURTHER RESOLVE, that Doyle D. Dudley is a Vice president of the
Corporation and Is therefore authorized to sign documents on behalf of the Corporatlon.
WITNESS my hand and the Seal of said Corporation this 200' day of July, 1999:oil
;
W
t3. a =�
STATE OF FLORIDA D Seuetary
COUNTY OF DADE ti _ :..
Sworn to and aubwftd before the 1hI0 v
McCain, Secretary of LL Po►ht . Inc., a Nevaga ccgmrratinn,oQn behal olg � by DavidS
She is panknow onilty knoto me and did not Latta an oath. corporation.
8tte of
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