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Home My WebLink AboutCity of Tamarac Resolution R-2000-021Temp. Reso. #8867, December 16, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- .21 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 ORITT/TRION WOODMONT, LTD. FOR THE WALGREENS AT WOODMONT SHOPPES PROJECT, LOCATED ON THE SOUTHWEST CORNER OF UNIVERSITY DRIVE AND NW 82ND 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 Site Plan for the Walgreens at Woodmont Shoppes Project, located on the southwest corner of University Drive and NW 82nd Street (attached hereto in map form as "Exhibit 1 ") was approved by City Commission on October 13, 1999; and WHEREAS, the development of the Walgreens at Woodmont Shoppes 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 Walgreens at Woodmont Shoppes Project; and WHEREAS, ORITT/TRION WOODMONT, LTD. 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. #8867, December 16, 1999 2 WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Walgreens at Woodmont Shoppes 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 ORITT/TRION WOODMONT, LTD. for the Walgreens at Woodmont Shoppes 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 ORITT/TRION WOODMONT, LTD., for the Walgreens at Woodmont Shoppes Project located on the southwest corner of University Drive and NW 82nd 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. 11 1 Temp. Reso. #8867, December 16, 1999 3 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 thiscU day of , 2000. ATTEST: q�"� CAROL GOL , CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as o t lid MW/krs/tf MITCHELL S. K CITY ATTORN JOE SCHREIBER MAYOR RECORD OR Disc I: DIM: DIST & DIST 4: EXHIBIT 1 10 • Cl TEMP. RESO. # 8867 C14/CYPRESS CREEK CANAL I ` I T P.S. #I S O U T H G A T E D L V l l MISSION LAKES CORAL CREEK COMMUNITY 211UTHGATE`B.* • 85 CT •<fSJ " DON SOUTHGATE GARDENS SOUTHGAtE APTS 83 ST c�rE"�ix CARTER'S CHEVRON 1j 170 84 ST 4 T c 84 ST 84 T 84 S- • • • • . �� ' ' • " " ' ' • TARGET 83 ST 83 St u a y . • . • ] ] cy u j AMOCO a a a I' 82 CTcn r p ^ n r / i%i�i�/ •,+ . + S~ BANK SUNFLOWER 82 ST r TR51 N.AMER. SS /1 CASSIA 82 ST cc j • • WALAIRMI8 81 PL ] fr. • TR53 AT W cT 81 PL ; ~ SNbPp)< ~ ^ a 81 CT j 1 S TE " 81 CT ; LOC kTI N a 81 T 81 ST n % 81 ST81 ST i + 0a / 8� aP `'t eo PL .+. sj • • � o CT !jj!/0 CT /i 80 Cr /!// 15 ] 80 CT Nso ST BD ST i80 T a . • • • • a w a � w 7 • • W a a n � � � � a 1 a. ERN CIR W 7 T r cT Tn ! e • u?S TR55 r n TR56 79 ST > ^ T a 78 CT Ia 79 ST 7 i AVALON 1 • >g sT • THE pt,S w ESTATES^ Ila 7e CT LAN S R 8 PL id C 78 ST ~ ] 7 ] 7R74 ai' 4, 2 j1 n(°T E: CjAADf; 'J j n r n n to a 78 ST 78 ST 78 ST 78 ST 78 ST 1 TAMARAC P R D %/ a e % ELEM a F % 76 P WEST 11 17 m a ] a i s (j A, SCHOOL r ] W > li 3 a n !/ Z Y e2 W n n xa a a t n n Q��Q%��j;%i�%/j�/j� Ce 76 76 CT / a]i ^ � 76 DR a S.BELL 76 CT [7 i 76 ST rr F & D r W r % 76 ST 76 7R75 Z / i//PARK cLi x a MAIN 73 ST i/ij�i% H n n a 75 CT NVIRMOCKTAL— j i (/1 GREEN a 1AR , 7 a W ' 7 a 75 ST . LVIr/ L1 N .,. > 9 10 n r n 74 PL ��UNIV. TAMARAC ME D, Z 8 UNIV. CTR PlccpmLLY 73 ST MED CTR HOSP. 72 ST 72 ST 72ST $�< 7 6 5y' ] 71C7 0 jQ a 71ST / /r/ 71 CT pPPApRRKE WOODMONT SQUARE n n 7 Cl c THERAPEUTIC CT a r 71 ST a eyo p BR Off /// 3/ 70 ST TR72C A MYm m 7 G NSA INEAPPLE PK� HIL n 10 CT N' R' UNITED WOOnMDNT WOODMONT ALL SAINTS ALBERTSON O I METHODIST 0 COMMONS PLAZA LUTHERAN NATIONS BANK SHELL LAKE oc^ Z COLONY is rm (69ST,) , W SANK TEXACO TP„�A BROOKKW OD CONCO D VILLAGE I PLAZA iN 16 ] n `p j 3R TH 6 e 7 T i u v 75 T /. ! n 74 P 73 ST % O P C g 71 ST / MA LANDSI4 a C1 14 70 CT 70 St � r BROOKSIDE COVE MCNAB ROAD as CASABLANCA CENTER I NANDINA LN WALGRE@WOODMONT.DWG WALGREENS AT WOODMONT SHOPPES WATER AND SEWER UTILITY EASEMENT "Exhibit 2" TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Wal reens at Woodmont Shoppes NAME OF PROJECT On this day of November, 1999, that ORITT/TRION WOODMONT, LTD. having an address of 5310 NW 33rd Avenue, Suite 219, Ft. Lauderdale, Florida 33309, 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. 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. 10 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: GRA� R By: By: 2 ORITT/TRION WOODM NT, LTD. By: Trion Woodmont, Inc., its General Partner Kenneth T. Barber, President Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA M COUNTY OF BROWARD : • I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afore id and in the County aforesaid to take acknowledgments, personally appeared � ,tin,L.i� _—; _ t'- Z A t,4 to me known to be the person(s) described in and who executed the foregoing instrument and rV'Z—acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of November, 1999. y ALlpq SIMS NOTARY PUBLIC, State of Florida 7� MY Commission CC5678 ExPMee Jun. 26, 2000 ,,t Large 'rf OF F l00 (Name of Notary Public: Print, Stamp, or type as Commissioned) (-�j Personally known to me, or ( ) Produced Identification 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: By:?1d Carol Gold, CM E City Clerk ACCEPTED BY CITY OF TAMARAC GRANT E By. Joe $Areiber Mayor Date: a.?-/ - 64 / By: /I - Jeff . Mill City Manager Date: -I -1 -dam fo By: STATE OF FLORIDA Mitch S. Kraft, SS City Attorney COUNTY OF Wva, : • 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 �- • )-- , LtL-jL to me known to be the person(s) described in and who executed the f re oing instrument and Lz.L- acknowledged before me and under oath that Z. executed the same. WITNESS my hand and official seal this day of 1-E a -Le r , 1011 (V1 Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large OFFICIAL NOTARY SEAL MARION SWENSON NOTARY PUBLIC STATE OF FLORIDA (Na wbifiwcRF tamp, or Type as Commissioned) Type of I.D. Produced . ( ) DID take an oath, or (✓jDID NOT take an oath 980605 4 Water and Sewer Utility Easement IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY 0FN\a*% f-.: MORTGAGE By: . Type Nams! V.W 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 G-. FIN\< _ 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 2t.D day of T) 199 � . ( 7C) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large nn Is U �-&r, (. , yvvkN Ltr (Name of Notary Public: Print, Stamp, or type as SUSAN A. MANDELL My COMMISSION M CC 755290 EXPIRES: August 28. 2002 '•pi i�d: •' Bonded Thru Notary Public Underwriters Type of I.D. Produced ( ) DID take an oath, or DID NOT take an oath.,, 980605 5 Water and Sewer Utility Easement "Exhibit A" • LEGAL DESCRIPTION: PARCEL A. OF "PORTOBELLO", ACCORDING TO THE PLAT THEREOF, AS • RECORDED IN PLAT BOOK 132, AT PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. "Exhibit All • • SOUTHGATE BOULEVARD N.W. 82nd STREET PROJECT' LOCATION w a U) w z LOCATION MAP S 41 T 49 S, R 41 E SCALE 1" = 300' .e& BdouiVo9 "Exhibit B" SKETCH AND LEGAL DESCRIPTION POLICE LAND SURVEYORS, INC. LS) 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: �954) 572-1777 FAX: (954) 572-1778 �( CERTIFICATE OF AUTHORIZATION N(_-). l_B3870 E—MAIL: surveys(�Dpulicelarndsurveyors.com LEGAL DESCRIPTION: A PORTION OF PARCEL "A" OF "PORTOBELLO" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 132 AT PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID PARCEL "A"; THENCE RUN SOUTH 89 DEGREES 47 MINUTES 44 SECONDS WEST ALONG THE SOUTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 100.00 FEET TO A POINT; THENCE RUN NORTH 00 DEGREES 12 MINUTES 16 SECONDS WEST FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 89 DEGREES 47 MINUTES 44 SECONDS WEST FOR A DISTANCE OF 15.00 FEET TO A POINT; THENCE RUN NORTH 00 DEGREES 12 MINUTES 16 SECONDS WEST FOR A DISTANCE OF 70.00 FEET TO A POINT; THENCE RUN NORTH 89 DEGREES 47 MINUTES 44 SECONDS EAST FOR A DISTANCE OF 15.00 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 12 MINUTES 16 SECONDS EAST FOR A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING. (CONTAINING: 1050 SQUARE FEET). NOTES. 1) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. 2) BEARINGS ARE BASED ON THE SOUTH LINE OF PARCEL "A" BEING S89'47'44"W. N.W. 82nd STREET PARCEL TA" N89'47'44"E 15.00' S00'12'16"E 70.00' N00"W- EXISTING 10' UTILITY 70.00'0,00' POINT OF EASEMENT BY PLAT `� C BEGINNING _._ _ — — — — — _ — — __ M9 47 44' W 100.00' S89'47'44" W N00'12'16"W 15.00' 10.00' FILE: TRION VENTURES, INC. 1 SCALE: 1" - 100' 1 ORDER NO.: 38674A SATE: DECEMBER 7, 1999 1 1 WATER MAIN EASEMENT 1 UNIVERSITY DRIVE AND N.W. 82nd ST. FOR. TRION VENTURES, INC. J POINT OF COMMENCEMENT S.E. CORNER PARCEL "A" John F. Pulice, Reg, Land Surveyor #2691, State of Florida Michael Charles Flynn, Reg. Land Surveyor #3281, State of Florida Jay Keri, Reg. Land Surveyor #5721. State of Florida "Exhibit B" SKETCH AND LEGAL DESCRIPTION POLICE LAND SURVEYORS, INC. PLSI 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 1 TELEPHONE: (954) 572-1777 . FAX: V/ (954) 572-1778 CERTIFICATE OF AUTHORIZATION NO. LB3870 E—MAIL: surveys(g)pulicelandsurveyors.com LEGAL DESCRIPTION: A PORTION OF PARCEL "A" OF "PORTOBELLO" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 132 AT PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A THENCE RUN NORTH 89 DEGREES 47 MINUTES 44 SECONDS EAST ALONG THE NORTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 280.00 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 12 MINUTES 16 SECONDS EAST FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 89 DEGREES 47 MINUTES 44 SECONDS EAST FOR A DISTANCE OF 15.00 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 12 MINUTES 16 SECONDS EAST FOR A DISTANCE OF 20.00 FEET TO A POINT; THENCE RUN SOUTH 89 DEGREES 47 MINUTES 44 SECONDS WEST FOR A DISTANCE OF 15.00 FEET TO A POINT; THENCE RUN NORTH 00 DEGREES 12 MINUTES 16 SECONDS WEST FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. (CONTAINING: 300 SQUARE FEET), NOTES: 1) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, 2) BEARINGS ARE BASED ON THE NORTH LINE OF PARCEL "A" BEING N89'47'44"E. N.W. 82nd STREET S00'12'16" E N89'47'44"E rvoy Yi �� t [au.vu POINT OF COMMENCEMENT �� 5�1�6-"E UEXISTING — —__.N.W. CORNER PARCEL "A„ BEGINNING 20.00' 10' UTILITY N00'12'16"W S89'47'44"w EASEMENT 8Y PLAT 20.00' 15.00' PARCEL "A" FILE- TRION VENTURES, INC. SCALE: 1" - 100' 1 ORDER NO.� 386748 MATE: DECEMBER 7, 1W9 1 WATER MAIN EASEMENT 1 UNIVERSITY DRIVE AND N.W. 82nd ST. 1 FOR: TRION VENTURES, INC. } n ti� John F, Pulice, Reg. Land Surveyor # State of Florida Michael Charles Flynn, Reg. Land Surveyor #3281. State of Florida Jay Keri, Reg, Land Surveyor #5721, State of Florida