HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-210Temp. Reso. #9092
July 25, 2000 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- ,.P%/ O
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A PUBLIC
UTILITY EASEMENT WITH EDWARD W. AND BLANCHE
HIGGINS FOR THE WALGREENS PROJECT LOCATED ON
THE NORTHWEST CORNER OF COMMERCIAL
BOULEVARD AND PINE ISLAND ROAD; 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 development of the Walgreens Project located on the northwest
corner of Commercial Boulevard and Pine Island Road (a map of which is attached hereto
as "Exhibit 1 ") will require the installation of various public utilities; and
WHEREAS, the public utility easement is required by City Code Section 10-207
which states that recorded easements shall be provided for the installation of all
underground utilities facilities; and
WHEREAS, Edward W. and Blanche Higgins, as owners of the Walgreens Project
have offered the "Public Utility Easement" (a copy of which is attached hereto as "Exhibit
2") for utilities; and
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed; and
1
LJ
L,
Temp. Reso. #9092
July 25, 2000 2
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 authorize the
appropriate City Officials to accept and execute a "Public Utility Easement" with Edward W.
and Blanche Higgins for the Walgreens Project located on the northwest corner of
Commercial Boulevard and Pine Island Road as required for the installation and operation
of various public utilities and infrastructures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
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: The appropriate City Officials are hereby authorized to accept
and execute a "Public Utility Easement" agreement with Edward W. and Blanche Higgins
for the Walgreens Project located on the northwest corner of Commercial Boulevard and
Pine Island Road to allow legal access by Public Utility Personnel in performing their
duties, including utility installation, maintenance and operation.
SECTION 3: 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.
L_J
Temp. Reso. #9092
July 25, 2000 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 40"day of ax, gefeeen ,
2000.
ATTEST:
MARION SWENSON, CIVIC
CITY CLERK
I
apl
to i
RG/krsldml
C RTIEY that I ha
RESOLUTION,
MITCHELL AF
CITY ATTORNEY
SCHREIBER
r-
RECORD OF COMMISSION
MAYOR SCHREIBER y.,-�
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN .!
DIST 3: COMM. SULTANOF c
DIST 4: VIM ROBERTS
EXHIBIT 1
TEMP. RESO. # 9092
MCNAB ROAD ;/ MCNAB ROAD W
THE GREENS W W
�Py LIME BAY j BAY //j OF TAMARAC W
SEC, II SEC. I
❑L. W.
CLUB
HOUSE
T ❑ D L W W
C RAL W W
LMS W W W
CD ❑LF W W W W
wW V L L A S W W W W
w
�/ T y! pp�J 9l�• ! �.y�� / U r
U W W W SY`\v� I.-AUUS
W 3 W W W W WEDGES
41.1Y rw w
W W W W W
G' .]
W 62
WEDGEW❑❑D LN W W W W W W
s� W W W W W W W W
W W W W W .j 63 Will)
BOARDWALK APTS.
sANrA RozAZR. 61 ST� / ¢ 61 ST Q PARADISE CT 61 ST
a r r PATI❑ HQMES 6 Q
a s m a I T� m a co PAR. DR BQARDWALK APTS,
0. 60 ST
60 ST II co
m PAR, 59 PL
// // / /// / i/ / // / i 7-
59 / p
u STANLEY LN. /// / /] W
Z i Pt / / L j C� j a 59 CT 8
LANDINGS ON PARADISE
CYPRESS ESTATES % J % m 59 ST 00
XBRABSHAW LN
6w M // GREENS
//
E. PLUM HARB[]R wY. 59 CT / WATERS
j/ EDGE 58 PL
//// L Y ON S /j j w P L
INDUSTRIAL j/ nF n n w w
V.G.C. PARK / PARK co 00 ~ ¢ ~
58 ST .o uo //
(VISUAL GRAPHICS) 58 / / co j
GRAPHLINE a 57 DR
ST j MARLEN w
~
ST❑R❑PACK Q / i/ / / // // / PARK 57 LN n a
THE TAMARAC
57 PL
ACTIVE
z MIAMI JEWISH SENIOR CINNAMON oo
HERALD CENTER m RESIDENCE TREE 8741-8767 57 C
57 ST PLAZA OFC, BLDG 57 ST
o LY❑NS COMM SUB
z CHEVRON
--------------------
C❑MMERCIAL BLVD (C❑ RD 870) SITE
LOCATION
WALGRE_C❑MM_PI,DWG
WALGREENS
PUBLIC UTILITY EASEMENT
"Exhibit 2"
TAMARAC PUBLIC UTILITY EASEMENT
FOR: . -e02�w
NAME OF PROJECT
z��This PUBLIC UTILITY EASEMENT made this Ii da,of d v
by F�,Shavinga address of
4-t9 M S -�
(hereinafter "Grantor"), and the City of Tamarac, a municipal corporation of the State of
Florida, having an address at 7525 Northwest 881h Avenue, Tamarac, Florida 33321,
(hereinafter "Grantee"). (Whenever used herein, the term "Grantor" and "Grantee" shall
include the respective successors and assigns of the parties hereto, whenever the
context so admits or requires).
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in Broward
County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred
to as "Servient Estate"); and
WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to
use a portion of the servient estate das described in "Exhibit B") .
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable considerations paid by each of the parties hereto to the other
party, receipt of which is hereby acknowledged by both parties, the parties hereto do
hereby grant and agree as follows:
1. Grantor hereby grants and conveys to Grantee, its successors and
assigns, a non-exclusive easement over and upon the servient estate for the installation
and maintenance of public utilities.
980605
1 Public utility Easement
2. Grantor reserves all rights not herein granted pursuant to this easement,
including but not limited to, the right of free ingress and egress over and upon the
servient estate and to grant further easements under, over and on the servient estate;
provided that, in no event shall any of the rights herein reserved impede the easement
herein granted or the exercise of the rights of use thereunder.
3. The provisions of this easement shall be binding on the parties hereto and
the respective successors and assigns as a covenant running with and binding upon the
servient estate.
4. This easement shall not be released or altered without consent of the
Grantee.
980605 2 Public Utility Easement
r : ;.t 8139682882 PAGE 04
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
(GRANTOR)
W Type NameMtle
rfr7 --
Type Name
Type Name__ff-_2fAW..1d1� ..._....
STATE OF
SS
COUNTY OF fir'
Type Namethile (�
I HEREBY CERTIFY that on this day, before role, an Officer duly authodzed in
the Stag aforesaid and in the County aforesaid to take acknowl+edgmerits, personally
app6ared EA u�pav-A 1 " a —e , r-j5 to me known to be the person(s)
described in and who executed the foregoing instrument antic , s *helicknowledged
before me and under oath that executed the same.
WITNESS my hared and oifciale-al this --.Lday Of 5' _J
Personally known to me, or
( ) Produced Identification
NOTARY "1141C;, Stag 6f-Z
at large
(Name of No'tany Public: Print, Stamp,
AN
or typ/e�'as Corxir;lissiV"n'
'(ht� (.OY�UMt `J i1 Ur1 ` 7CgI ins MCL" al �-�
Type of I.D. Produced
( �) DID take an oath, or ( ) DID NOT take; an oath.
9suao!}
Public Utility Easement
ATTEST:
By:
Marion Swenson, GIMC
City Clerk
STATE OF FLORIDA
SS
COUNTY OF 1400) :
ACCEPTED BY CITY OF TAMARAC
GRANTEE
n
By:
Joe reiber
Mayor
Date: d d
Jeffrey VtMilgr
iV City Manager
er
1-1-9-e
Date:
By:
MitcV S. Kraft,
City Attorney
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afore aid and in the County aforesaid to take acknowledgments, personally appeared
-2cE �CRRE8,a -4��FO L AL to me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me and
under oath that _ N executed the same.
WITNESS my hand and official seal this .2k day of
2000 .
( ) Personally known to me, or
( ) Produced identification
qvlu-S�, )r'�
NOT Y PUBLIC, State of Florida
at Large OFFICIAL NOTARY SEAL
, JUNE A WHITE
NOTARY PUBLIC STATE OF FLORIDA
_ COMMISSION NO. CC775720
MY COMMISSION EXF'. SEPT 15
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or( DID NOT take an oath
980605 4 Public Utility Easement
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
W 6 We
t"by affirm that)Kam the N6—R5
of `155 LLS- Fc and that I have executed a Public Utility
Easement with the City of Tamarac for
project and that I am the owner of the property covered by said Public Utility Easement.
There are no mortgages held on the property, which is the subject of said Public
Utility Easement.
WiNG
STATE OF FLQ1k=
COUNTY OF SS w&r— ;
FURTHER AFFIANT SAYETH NOT.
2�� Lo! c
(Signature)
This day of lo u-e249
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State afore aid and in he County aforesaid to take acknowledgments, personally
appeared to me known to be the person(s)
described in and who execut hp foregoing instrument and _acknowledged
before me and under oath that executed ;he same.
Rfp WITNESS my hand and official seal this /, day of _�IN j
(4 Personally known to me, or
( ) Produced Identification
NOTAAY PUBLIC, St +Io, ida
DEBRA R. SANN� -: r
Notary public, Maine ~�
A41, commission Expires January e. -pm"
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (p() DID NOT take an oath.
980605 5
Public Utility Easement
0
EXHIBIT "A"
All of Lot 1 W the East 18.37 feet of Lot 2, Block 9, LYONS
COMMERCIAL SUBDIVISION NO. 2, according to the Plat thereof,
as recorded in Plat Book 69, Page 43 of the Public Records of
Broward County, Florida; LESS and except therefrom that certain
portion of additional right-of-way taken for Commercial Boulevard
and Northwest 88th Avenue, as described in Official Records Book
7462, Page 357 of the Public Records of Broward County, Florida.
Subject to all easements, reservations and rights -of -way of record.
Said lands situate, lying and being in Broward County, Florida,
containing 58,187.00 square feet or 11336 acres, more or less
LOCATION SKETCH
"Exhibit B"
SKETCHAND DESCRIPTION
Fog Development Inc.
LEGAL DESCRIP770N.-
A 6.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF LOTS 1, 2, & 3, BLOCK 9,
L YONS COMMERCIAL SUBDI VISION NO. 2, ACCORDING TO THE PLA T THEREOF, AS RECORDED
IN PLAT BOOK 69, PAGE 4J,, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
BEING MORE PAR77CULARL Y DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2. 7HENCE SOUTH 885906" EAST, A
DISTANCE OF 246.63 FEET, THENCE SOUTH 44 30 21 " EAST, A DISTANCE OF 49.05 FEET;
THENCE SOUTH 0010137" EAST. A DISTANCE OF 223.00 FEET,• ;HENCE SOUTH 4579'39"
WEST, A DISTANCE OF 49.95 FEET THENCE NORTH 885906" WEST, A DISTANCE OF 249.00
FEET; THENCE NORTH 00"01'37" WEST A D/STANCE OF 6.00 FEET; THENCE SOUTH 8859'06"
EAST, A DISTANCE OF 246.60 FEET; THENCE NORTH 452939" EAST, A DISTANCE OF 44.91
FEET,• THENCE NORTH OOV1'37" WEST, A DISTANCE OF 21,603 FEET; ]HENCE NORTH
44 30 21 " WEST; A DISTANCE OF 44.14 FEET; THENCE NORTH 88 59'06" WEST, A DISTANCE
OF 247.72 FEET; THENCE NORM OOV1'37" WEST, A DISTANCE OF 6.00 FEET; ]HENCE SOUTH
88 59106" EAST, A DISTANCE OF J. 65 FEET TO THE POINT OF BEGINNING.
SAID LANDS SI7UJATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. CONTAINING 4,868
SOUARE FEET MORE OR LESS.
NOTES:
1) THIS IS NOT A SKETCH OF SURVEY
2) Bearings shown hereon are based on the North line of Lott (P.B. 69. PG. 43. B.C.R.)
South 88'59'06" East.
3) This Sketch and Description consists of two sheets and is not complete without both sheets.
4) This Sketch and Description is not valid without the signature and original raised seal of a
Florida Licensed Surveyor and Mapper.
5) The undersigned and David & Gerchor, Inc., make no representations or guarantees as to
the information reflected hereon pertaining to easements, rights —of —way, setback lines,
agreements and other matters, and further, this instrument is not intended to reflect or
set forth all such matters. Such information should be obtained and confirmed by others
through appropriate title verification. lands shown hereon were not abstracted for
rights —of —way and/or easements of record.
REVISIONS
DATE I BY I CKD
REVISE LEGAL DESGRIP77oN 1 6/29/00 1 R.M. I W I N/A
DEAN M. GE CHAR FOR H FIRM
PROFESSIONAL SURVEYOR A D MAPPER
FLORIDA REGISTRATION NO. 5829
DAVID & GERCHAR, INC. 1-13j6935
SHEET 1 OF 2
A PORTIONOFL0TS
1, 2 AND 3, BLOCK9
LYONS I00AB MRCIA L
SUBDIV7SIONNO.2
(PLATBOOK 69, PACrE43, B.CA)
DMG I TO I NIA
JOB NO:
1" = 80' 99-224L--6'
FB/PG: CAD. FILE:
N/A C: \TDWGS\99--224
RAWN BY: DATE-
T.D. 5/16/99
CKD, BY: 1PROJ. FILE:
D.M.G. 99-224
AVM &
ERCHAR, mc.
SURVEYORS AND MAPPERS
4301 Oak Circle, Suite 1
Boca Reim, Florida 33431
(561) 417-6173 • Pax: (561) 417-9619
"p,rki},ir ul,
y SKETCH DESCRIPTION
Fog Development Inc.
_ P0a N.I'� 57th STREET
NORTHWEST CORNER OF (SOB R�t,� —
LOT LYONS COMMERCIAL
OF LOT 3 2 SOUTH RIGHT-OF-WAY LINE
SUBDIKS/ON UNIT NO. 2
KLINE
9�.F.P.L EASEMENT
5' (O.R.B. 26071, PG. 0056, B.C.R.) �.
246.6,3"11
N 00*01'37" W 24772' N 8859 06 W ._ �`�- N a
6, 00' I cis �,rr m
� r
O _ m � 1 w _ O
H�r
W
� m� 0 3 of � ��
a av I z rc6
------ —-------.----..___ � �J W I= W I 3�
z-----------
ca
i J W e Q�
i 1w.
i Q
40
a a to
C)
O � � _
N m
LOT 3 LOT 2 9 LOT > j _ Wo
Y dCK RCIAL
CO
yo 5100 UNIT rz
5�gpl69, p�' 19�
P
INGRESS/EGRESS EASEMENT
10825, PG. 971, B.C.R.) N
IIf(O.R.B.
r
N 00 00. W S 8859 06" E _ 7' 1 246.60' ��
__ --249.00'— N 885906' W
SOUTH LINE OF BLOCK 9
NORTH RIGHT-OF-WAY LINE LO
� SOUTH LINE $EC710�N^ 8-49--41
S��
N N. W 56th STREET ' CORNER
OF SECTIONN 9-49-41
LEG(WEST
COMMERCIAL BL VD.) P, R. POINT OF BEGINNING
(RIW WIOTN VARIES) P. B, PLAT BOOK
PG. PAGE
f B. C. R. BROWARD COUNTY RECORDS
CENTERLINE
SOUTH RIGHT—OF—WAY LINE
THIS IS NOT A SKETCH OF SURVEY (P.B. 160, PG. 34. B.C.R.) SHEET 2 OF 2
REVISIONS
DATE
BY
CKD
FB/PG
REVISE LOCATION OF EXISTING F"PL EASEMENT
161281001
ID
L.YA
SCALE:
JOB N099-224L-6'
ID
AV &
A PDRTIONOFLOTS
h 2 AND 3, SLOCKq
FB/PG:
N/A
1DRAWN
CAD. FILE:
c: \TDwcs\as-224
E"' RC�.� INC.
L YDNS C011�IIERCIAL
BY:
T.D.
DATE:
5/16/99
SURVEYORS AND MAPPERS
SLTBDIVISIONNO. Z
4301 Oat Cir &l Sabo 1
CKD. BY:
PROJ. FILE:
(PLATBWK69, PAGE43, B.C.R.)
&e&Rzftm,Fkdida33431
D.M.G.
99-224
(561) 417-6173 • F= (561) 417-%19