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Home My WebLink AboutCity of Tamarac Resolution R-2000-2121 Temp. Reso. #8993 July 7, 2000 1 CITY OF TAMARAC RESOLUTION NO. R-2000- cP-/,) 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 WYNNE BUILDING, CORP., FOR THE HAMPTON INN HOTEL PROJECT LOCATED ON THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND NW 47'h TERRACE, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEMS; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID DOCUMENT 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 Hampton Inn Hotel Project located on the northeast corner of Commercial Boulevard and NW 471h Terrace (a copy of which is attached hereto in map form as "Exhibit 1 ") was approved by City Commission on September 22, 1999; and WHEREAS, the development of the Hampton Inn Hotel Project requires the installation of the Water Distribution and Sewage Collection Systems; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution and Sewage Collection Systems required to serve the Hampton Inn Hotel Project; and Temp. Reso. #8993 July 7, 2000 2 WHEREAS, Wynne Building, Corp., as the owner of the property, has offered the "Tamarac Water and Sewer Utility Easement" forwater mains, water services, fire hydrants and sanitary sewers; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Hampton Inn Hotel 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 Wynne Building, Corp., for the Hampton Inn Hotel Project, required for the installation, maintenance and operation of the Water Distribution and Sewage Collection Systems. 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 "Tamarac Water and Sewer Utility Easement" (a copy of which is attached hereto as "Exhibit 2") with Wynne Building, Corp., for the Hampton Inn Hotel Project located on the northeast corner of Commercial Boulevard and NW 47th Terrace, to allow legal access by City 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 Document in the Public Records of Broward County. 1 Temp. Reso. #8993 July 7, 2000 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 thisvi.� day of J� , ATTEST: M RION SWEN ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this,f�ESOLUTIO"s RG/krs/mg MITCHELL q. TAFT CITY ATTORNEY t JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM, PORTNER Wa— DIST 2: COMM. MISHKIN DIST 3: COMM. SU4TANOF DIST 4: VIM ROW" EXHIBIT 1 TEMP. RESO. # 8993 W A- w W W. I. W W W W W I W W W SA AL.W PALM, w W *GOLF COURSE w I I I I SEVEN w ' WINDS �p W W W W W W r w w W W 'A DR 9 SEC 2 48 ST 47 CT � Ito 47 ST LAKESIDE WnN a ]L � d J SIDE ISLAND CLUB `LSD 1 U DR AST❑RIA DINER f� ^ r 0 z F' n \ Q V rco SITE LOCATION v� GRANTS (SUNSHINE PLAZA) TAMARAC ANIMAL HOSP. A� SEC 5A L�` CORAL MIDAS ¢ NATI❑NS 49 CT GABLES w BANK N M❑BILE BANK 13 el._ • //� w w / wp c AM❑C❑ cn y Z wo FLORIS ¢ CT w F � ¢ a 3 ��' ra BUD'S a zw w WLo M th DZ q j DUNKIN' DONUT--) aw 0 ~ 000 to �48 49 ST 4 p2� / // 4 71 PLAZA GINA S 49 ST CT 3 �Q� g a /. �. DR v �Pj� 48 S v a ��LAND a 47 CTui j �a 47 CT '7 m / IH❑P 47 ST c7 47 ST j 4_j 46 ST } 3 // ~L 46 ST IF g 45 C7 0 j v 45 CT 0 W W i SEC 4A % w W W w W W SEC 3 w w w CL45 W ST w w w r HAMP_INN.DWG HAMPTON INN HOTEL WATER AND SEWER UTILITY EASEMENT "Exhibit 2" TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR; HAMPTON INN HOTEL NAME OF PROJECT 4,4 On this o?2 d y of 2000 that WYNNE BUILDING CORP. having an address of 8000 SOUTH US 1, #402, PORT ST. LUCIE, FL 34952 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. 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 r,PANTnR By: / Type Name Eric P. Wynne Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF sT . LUCIE: Type Name President Joel F. Wynne 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 Joel F . W n n e & Eric P . W n n e to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this 16 day of July 1999 . MARGARET A. MORGAN MY COMMISSION R CC 618806 ` :q EXPIRES: May 15, 2001 9 �; r k°"••` Bonded Thru Notary Public Underwriters ( x) Personally known to me, or ( ) Produced Identification 4- laA-� 0_(j di-911t NOTARY P LIC, State of Flor at Large Margaret A. Mor an (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 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: ATTE By: Marion Swenson, C City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe Zzfireiber Mayor Date:�-VZ Av: ;Tt� JeffreyVMikl6r City Manager Date: A prove for v: Mitchell . Kraft, Ity Attorney 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 ESeew'j gEft M' L47Z to me known to be the person(s) described in and who executed the foregoing instrument and --)&.41 acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this 2000 . ( ) Personally known to me, or ( ) Produced identification ad�v NO ARY Pt .121 IC State of FIQLirin at Large OFFICIAL JUNEUL— A,Hr NG rARX PUBIC STATE OF FI.ORIDA COMMISSION NO. CC775720 X COMMISSION EXP. SEPT I5 uN� �G fE (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 Water and Sewer Utility Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE 1, Joel F. Wynne do hereby affirm that I am the President of Wynne Building Corporation and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for Hampton Inn Hotel 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 ST . LUCIE : FURTF)FIR AFFIANINSAYETH NOT. (Signature) This 16 day of July , 199 9 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 Joel F . Wynne to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this 16 day of July 199 9. MARGARET A. MORGAN MY COMMISSION # CC 618806 ='a EXPIRES: May 15, 2001 '�"A? ;;;:"' Bonded Thru Notary Public Underwrhars ( x) Personally known to me, or NOTAR-Y613LIC, State of Flod at Large Margaret A. Morgan (Name of Notary Public: or type as Commissioned) ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. Print, Stamp, 980605 5 water and sewer utility Easement dp "Exhibit A" LOCATION PLAN SCALE NOT TO 90ALE 40 LEGAL DESCRIPTION PAwce. a XT� r A FLAT OF A PORTION OF SECTIONMOMARS �' 40 80Un{ RANGE 41 EAST, FGf{T LAUDBDAI.E ( PB. 4, PQ 3% BCJt) N THE CITY OF TAMARAG BflGVIIAFD COUNTY, fi.OFID0. "Exhibit A" r i s "Exhibit e, •+ SKETCH OF WATER EASEMENT TO BE DEDICATED A portion of Parcel "A", WYNNE COMMERCIAL PLAT, as recorded In Plat Book 162. Page 43 of the Public Records of Broward County, Florida, being more partic- ularly described as follows: Commencing at the Northeast corner of said Parcel "A" said point also being a point of curvature of a curve concave Southeasterly, having a radius of 927.25 feet and a central angle of 05024'19"; thence Southwesterly along the arc of said curve to the left and along the North line of said Parcel "A" for an arc distance of 87.48 feet to the POINT OF BEGINNING". thence South 21002'24" East (on an assumed bearing), a distance of 71.40 feet to a point of curvature of a curve concave Southeasterly, having a radius of 842.75 feet and a central angle of 12'50'14"; thence Southwesterly along the arc of said curve to the left, for an arc distance of 188.82 feet; thence South 50°09'25" West, a dlstance of 96.74 feet; thence South 45000'00' East, a distance of 99.82 feet; thence North 45000'00' East, a distance of 22.00 feet; thence South 45000'OO" East, a distance of 15.00 feet; thence South 45000'00" West, a distance of 22,00 feet; thence South 45.00'00" East, a distance of 46.00 feet; thence South 00'33'03' East, a distance of 19.00 feet to a point on the South line of said Parcel "A"; thence South 89026'57" West along the South line of said Parcel 'A" a distance of 16.50 feet; thence North 00033'03" West, a distance of 11.89 feet; thence North 45033'03" West, a distance of 171.07 feet; thence North 50009'25" East, a distance of 116.57 feet to a point of curvature of a curve concave Southeasterly, having a radius of 857.75 feet and a central angle of 11005,58"; thence Northeasterly along the arc of said curve to the right for an arc distance of 166.41 feet; thence North 18'57'26" West, a dist- ance of 56.74 feet to a point on the arc of a curve concave Southeasterly, having a radius 927.25 feet and a central angle of 01.33'350, said point also being a point on the North line of said Parcel "A"; thence Northeasterly along the arc of said curve to the right, for an arc distance of 25.24 feet to the POINT OF BEGINNING. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida. A- 3' 35' A-25. 24�e f •�9 POINT OPT BEGINNING \ A% -POINT OF OMMENCEME� NE CORNER PARCEL A' PARCEL 'A' \ ' 411. 5' Utility Eaocmcnt (PO 162, PG 43, DCRW ) 5' Exeluelve ,I, L6. 50' W S89' 26' 57' M 616. 26' South line Parcel "A• 011 FOR: WYNNE NO.: 0004071 DATE: 417100 REVISED: 715100 FILENAME: WP-A SCALE: 1' w 100' THIS 4keTCH DOES NOT CONSTXTUTE A FIELD 4URVEY NIKKI L HITT REGISTERED LAID SURVEYOR H0. 5A53 SIATE OF FLORIDA JEFFIEY J. HITT AEGISTEED LAID SURVEYOR H0. 4717 STATE. OF FLORIDA DEN I ASSOCIATES 5701 PINE ISLAND ROAD, SUITE 260,TAMARAC, LAND SURVEYS 0 SUBDI FL. 33321 (954)-720-1042 FAX (954)-720-1045 (ISIONS 0 CONSTRUCTION SURVEYS "Exhibit 6 " • SKETCH OF SEWER EASEMENT TO BE DEDICATED N 0 \ A portion of Parcel "A", WYNNE COMMERCIAL PLAT, as recorded In Plat Book 162, Page 43 of the Public Records of Bromard County, Florida, being more partic- ularly described as folloms: Commencing at the Northeast corner of said Parcel "A'; said point also being a point of curvature of a curve concave Southeasterly, having a radius of 927.25 feet and a central angle of 03603'441; thence Southeesterly along the arc of said curve to the left and the North line of said Parcel "A" for an arc distance of 49.56 feet to the POINT OF BEGINNING; thence South 07.58'27" East (on assumed bearing), a distance of 100.28 feet; thence South 82001'33" West, a distance of 20.00 feet; thence North 07058'27" West, a distance 94.14 feet; to a point on the North line of said Parcel "A" said paint also being a point on the arc of a curve concave Southeasterly, having a radius of 927.25 feet and a central angle of 01017'349; thence Northeasterly along the arc of said curve to the right and along the North line of said Parcel "A" for an arc distance of 20.92 feet to the POINT OF BEGINNING. Said lands situate, lying and being In the City of Tamarac, Bromard County, Florida. 0�1 L tk ^� Qet/O•1 FOR: WYNNE NO.: 0004071 DATE: 4/7/00 REVISED: FILENAME: WP-A srei F* 4" .. fnn' S89' 26' 57' N 616.26' TH14 41KETCH DOES NOT CON41XTUTE A FIELD SURVEY 60O 7/5/00 NIKKI L NITT RESISTERED LAID SURVEYOR NO. 5553 ATE FLORIDA ,ffF1EY J. NITT REGISTERED LAID SINIYEYOR K 4717 STATE OF FLORIDA DEN I ASSOCIATES 5701 PINE ISLAND ROAD, SUITE 260,TAMARAC, FL. 33321 (954)-720-1042 FAX (954)-720-1045 LAND SURVEYS 0 SUBDIVISIONS 0 CONSTRUCTION SURVEYS