HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-051January 11, 2000 - Temp. Reso. #8896
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- SV
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A "TAMARAC IRRIGATION EASEMENT" WITH
LENNAR LAND PARTNERS, FOR THE SOUTHAMPTON
PROJECT, LOCATED ON THE WEST SIDE OF NOB HILL
ROAD AT NW 77T" STREET, TO ALLOW LEGAL ACCESS
BY CITY PERSONNEL FOR MAINTENANCE OF THE
IRRIGATION SYSTEM; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the development of the Southampton Project requires the installation
of the irrigation system; and
WHEREAS, pursuant to City Code Section 11-8(d)(1), an irrigation system is
required to be constructed to serve the swale adjacent to this project within the public right-
of-way; and
WHEREAS, an easement is required by City Code Section 22-191 for the irrigation
water distribution system; and
WHEREAS, Lennar Land Partners, as the developer of the property, has offered the
"Tamarac Irrigation Easement" for irrigation water distribution; and
WHEREAS, it is the recommendation of the Director of Public Works that this
easement be accepted and executed for the Southampton 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
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January 11, 2000 - Temp. Reso. #8896
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a "Tamarac Irriaation Easement" with Lennar Land Partners. for the Southampton Proiect_
required for the installation, maintenance and operation of the Irrigation water distribution
system.
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 Irrigation Easement" (attached hereto as "Exhibit 1 ") with Lennar Land
Partners, for the Southampton Project, located on the west side of Nob Hill Road at NW
77th Street, to allow legal access by City Personnel in performing their duties, including
maintenance and operation of the irrigation system.
Section 3: That the City Clerk is hereby authorized and directed to record said
agreement in the Public Records of Broward County.
Section 4: That 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.
C:\WINDOWS\TEMP\8896RES-Southampton Irrigation Easement.doc
January 11, 2000 - Temp. Reso. #8896
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1
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1
PASSED, ADOPTED AND APPROVED this � 3F� day of liv-, ,2000.
ATTEST:
0 / 14 t lei
CAROL GOL MC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
rfo
ro e� this RESOLUTION as
r -`) � I---
MITCHELL S. K AF
CITY ATTORN
r
, Qs�
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DISTII:
COW PORTNER
DIST 2:
V/M MISHKIN 0.00
DIST 3:
COMM. SULTANOF
DIST 4:...COMM.
ROSERM—
C:\WINDOWS\TEMP\8896RES-Southampton Irrigation Easement.doc
THIS INSTRUMENT PREPARED BY:
Rosanna Molinari, Esq.
ZACK KOSNITZKY, P.A.
One International Place, Suite 2800
100 Southeast Second Street
Miami, Florida 33131
UTILITY EASEMENT
A�
,)-o6THIS UTILITY EASEMENT (this "East=") is given as of this�t-.Y�day of
Set by LENNAR LAND PARTNERS, a Florida General Partnership joined in by
ENNAR HOMES, INC., a Florida corporation (hereinafter collectively, "Grantor"), whose address
is c/o Lennar Homes, Inc., 7600 Nob Hill Road. Tamarac, Florida 33321 to the CITY OF
TAMARAC, a (hereinafter "Grantee"), whose address is
`7 SdS w , Tamarac, Florida 3 33a./ .
A. Grantor is the owner of the real property located in Broward County, Florida as legally
described in ExUbiLA attached hereto and made a part hereof ("Easement Area"); and
B. Grantee desires to have the right to operate, repair and maintain Grantee's irrigation line and
related equipment (" ") which has already been constructed within the Easement
Area.
C. The parties have agreed that Grantor will grant to Grantee a utility easement for the operation
and maintenance of the Irrigation System.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
conditions contained in this agreement, and for the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
Recitals, The Recitals set forth above are true and correct and are incorporated herein.
2. Ca=. Grantor hereby grants to Grantee a nonexclusive easement to operate, repair and
maintain the Irrigation System upon, across, under or above the Easement Area.
3. Easement Area. The Easement Area shall be limited to the area described in Exhibit A.
4, Right to Enter, Grantee shall have the right to enter upon Easement Area of Grantor at
reasonable times and in a reasonable manner so as to perform any such maintenance, repair,
replacement or removal of the Irrigation System.
5. Restnr, tom, Grantee agrees to promptly restore the Easement Area to the original condition
it was in immediately prior to any such installation, maintenance, replacement or removal of the
Irrigation System in the event the property of Grantor is hereby damaged.
6. Indemnificatiou. Grantor and Grantee shall indemnify, hold harmless and defend each other
from and against any and all claims, demands, actions, losses, suits, damages and expenses and
judgments that the other may suffer, incur or sustain or for which said other party may become liable
because of the violation of any laws, ordinances or governmental regulations or because of injuries
to or death of any person or persons, including employees of Grantor or Grantee or damages to or loss
..00MMPC00051ZKV702014 1999109107, 05.33 pm
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of property arising; out of or caused directly or indirectly in whole or in part from Grantor's or
Grantee's (including; their respective employees, invitees and licensees) use of the Easement Area.
7, Rescrvation of Ri1~hts. 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 casements under, over and on the Easement Area; provided that, in no event
shall any of the rights herein reserved impede the easement herein granted.
8. Removal. In the event Grantee permanently removes said Irrigation System, this Easement
shall automatically terminate.
9. Covenants Running with the Land. This Easement, rights, covenants and reservations
contained herein shall run with the land and it shall inure to and be binding upon the respective
successors and assigns of the parties hereto. This easement shall not be released or altered without
consent of the Grantee and Grantor.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and
year first above written
WITNESSES:
4-M491A�X�
Print Name: E4t, A —
STATE OF FLORIDA
GRANTOR:
_-Lennar Land Partners, a Florida General
partnership
By: Lennar Homes, Inc., Attorney in Fact
pursuant to Power of Attorney recorded in
Official Records Book 27298, Page 827 of the
Public Records of Broward County, Florida
By: J V vd-A— --_
Sean Woodcock
as Vice President
SS.:
[SEAL]
The foregoing instrument was acknowledged before me this 13thday of Septettlber ,
1999 by Jean Woodcock as Vice President of Lennar Homes, Inc., who is personally
known to me or who produced as identification on behalf of the
corporation.
My commission expires:
MY COMMISSION 9 CCS 37901
'..•3 EXPIRES: Aural28,2002
''?p1 80ndod Thm Notary Puulc Underwriters
ATTEST:
By �G • %�l 11l'� ,r
• Print Name: Y'�rt �� r-_'` z . 41 CL '
Title: City Manager
:OOMAtP000C5tZK177020t4 1999,09,07. 05.33 om
t ?,o
NOT Y PUBLIC, State of Florida
at LI/In
e
Print name: d A"
JT
GRANTEE
ACCEPTED BY CITY OF TAMARAC
PrintName: 77CF- �Ok' l!3 r�
Title: Mayor
Date: ' ' -',I- u 0 a
r"J
ATTEST:
By:
Print Name: _ o"4,t
Title: City Clerk
STATE OF FLORIDA
COUNTY OF [ ' D
By.
PrintNamc:_ "7r�ric'��i ! ✓}//C[ z`Z
Title: City Manager
Date: -3 j - 2-0e J
Ap ovc as o f tin:
y:
�PrintName: �'/i C,y� L L- / Rf1c%
Title: City Attorney
SS.:
The foregoing instrument was acknowledged before me this 3 day of 'i,4'lec ,
_199H by (1) S74iCFI66--iC as Mayor, (2) JL FFeC �' Z , r11IL4k as City Manager, by
( /Vol 6z-z as City Clerk and (3) 1 717t< llcl <� / !ACT as City Attorney, respectively,
of the City of Tamarac, a Florida who are personally known to me uL whapr-oduced(I)
(2) and (3)
respectively, as identification on behalf of the corporption.
My commission expires: 9 -1 $~ o 2 _
NOTARY BLIC, State of Florida
NOTARYs a Large
JLJNE A 6vHtiE
NOTARYPUBUCSTATE OFR IDA Print name:
CiD6Q11{S�ON NO. CC77372D
JWYCX7�a1P5610N Exp. SEPT 1S20M
:.OMWP000CSI➢Q77 M4 1999109/01, 05.00 pm
•
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JOINDER
LENNAR HOMES, INC.
LENNAR HOMES, INC. ("Lennar") does hereby join in this Easement, to which this Joinder
is attached, and the terms thereof are and shall be binding upon the undersigned and its successors in title.
Lennar agrees that this Joinder is for convenience only, and is not a condition to the effectiveness of this
Easement as Lennar is not the current owner of the Easement Area.
IN WITNESS WHEREOF, the undersigned has executed this Joinder on this * 13th
day of * September*, 1999.
WITNESSES:
Print me: rl/15
*.1Na4..1
STATE OF FLORIDA
COUNTY OF BRC WAM
LENNAR HOMES, INC., a Florida
corporation
By: N
Name: Jean Woodcock
Title: ViCe President
SS.:
{SEAL}
The foregoing instrument was acknowledged before me this 13th day of September
1999 by Jean Woodcock as Vice President of Lennar Homes, Inc., who is personally
known to me or who produced as identification on behalf of the
corporation.
My commission expires:
:'.0QMMP000CS2Kt770=4 1999109(07. 05:77 pm
U'W'o
N&aY PUBLIC, State of Florida
at Lar e
Print name:
CONSENT TO UTILITY EASEMENT
• THE FIRST NATIONAL BANK OF CHICAGO, ("First National Bank"), the holder of a
mortgage ("Moaga"") recorded in Official Records Book 27263, Page 0251, Public Records of Broward
County, Florida, which encumbers the Easement Area as described in Exhibit A, does hereby consent to this
Easement, to which this consent is attached, and acknowledges that the terms thereof are and shall be binding
upon First National Bank and its successors and assigns.
IN WITNESS WHEREOF, the undersigned has executed this Consent on this.1,&,L day of
2 1999.
WITNESSES:
n
Print me:
1.
Print name:
STATE OF --r—ANC115 )
COUNTY OF (!OeX )
THE FIRST NATIONAL BANK OF CHICAGO
By: V4
Name:
Title:
F. PATT SCHIEWIT(ZEAL)
SENIOR VICE PRESIDENT
The foregoing inst���'men was acknowledged before me this.Vwd day ofgs 1999
bye . P w�%as` 5eui cR V 1-,P ',5, of THE FIRST NATIONAL BANK OF CHICAGO, CA�GO, who is
personally known to me Qr- predtrced won, on behalf of the corporation.
My commission expires: y1 YlO ;5
• OFFICIAL SEAL
EDITH MILLER
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES:07l14l03
:'.00MA\P000CSVKW702014 1999109107, 05'.90 p,
- -:IgAirt - ?,ee,
NOTARY PUBLIC, ,State of .Tlli�vois
Print name: F�%� M i //td2
EX0IBIT "A"
CARNAHAN•PROCTOR • CROSS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 2936
6101 WEST ATLANTIC BLVD,. MARGATE. FL 33063
PHONE (954)972-3959 FAX (954)972-4178 E-MAIL margateacamahan-proctor.com
DESCRIPTION AND SKETCH
(NOT A SURVEY)
10' UTILITY EASEMENT
FOR IRRIGATION LINE
IN PARCEL "S", "KINGS POINT REPLAT
LEGAL DESCRIPTION
A PORTION OF PARCEL "S", "KINGS POINT REPLAT", ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 156, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE TRAFFIC CONTROL EASEMENT IN SAID PARCEL "S"
AS SHOWN ON SAID PLAT; THENCE NORTH 81°15'20" WEST, ALONG THE SOUTH LINE OF SAID TRAFFIC
CONTROL EASEMENT, A DISTANCE OF 11.88 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
03°31'01" EAST, A DISTANCE OF 49.12 FEET; THENCE SOUTH 11°13'29" WEST, A DISTANCE OF 27.50 FEET;
THENCE SOUTH 06°09'32" WEST, A DISTANCE OF 155.75 FEET; THENCE SOUTH 05-58-51" EAST, A
DISTANCE OF 66.86 FEET; THENCE SOUTH 89-29'41" EAST, A DISTANCE OF 14.45 FEET TO A POINT ON THE
ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS SOUTH 89°18'32" EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, BEING COINCIDENT WITH THE EAST BOUNDARY
OF SAID PARCEL "S", HAVING A RADIUS OF 2453.00 FEET AND A CENTRAL. ANGLE OF 00°14'01", A
DISTANCE OF 10.00 FEET ; THENCE NORTH 89°29'4=1" WEST, ALONG A NON -RADIAL LINE, A DISTANCE OF
23.36 FEET: THENCE NORTH 051581511, WEST, A DISTANCE OF 76.85 FEET; THENCE NORTH 06"09'32" EAST,
A DISTANCE OF 157,25 FEET; THENCE NORTH 11°13'29" EAST, A DISTANCE OF 26.65 FEET; THENCE
NORTH 03°31'01" WEST, A DISTANCE OF 55.43 FEET; THENCE NORTH 11°2718" EAST, A DISTANCE OF
103.95 FEET; THENCE NORTH 59°04'34" EAST, A DISTANCE OF 14.82 FEET; THENCE NORTH 11*58*32" EAST,
A DISTANCE OF 114.61 FEET; THENCE SOUTH 77"00'33" EAST ALONG A LINE RADIAL TO THE NEXT
DESCRIBED CURVE, A DISTANCE OF 6.76 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE
LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, BEING COINCIDENT WITH SAID EAST
BOUNDARY OF PARCEL "S", HAVING A RADIUS OF 2465.00 FEET AND A CENTRAL ANGLE OF 02048154", A
DISTANCE OF 121.10 FEET; THENCE SOUTH 59°04'34" WEST, ALONG A NON -RADIAL LINE, A DISTANCE OF
11.47 FEET; THENCE SOUTH 11°2718" WEST, A DISTANCE OF 98.23 FEET; THENCE SOUTH 03°31'01" EAST,
A DISTANCE OF 6.29 FEET TO THE POINT OF BEGINNING.
(BEARINGS ARE BASED ON THE WEST BOUNDARY OF SAID PARCEL "S" HAVING A BEARING OF NORTH
02° 17'28" EAST, AS SHOWN ON SAID PLAT OF "KINGS POINT REPLAT".
SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA.
NOTES
1. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC.. AND SHALL NOT BE USED OR REPRODUCED IN
WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION.
3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY, AND RESTRICTIONS OF
RECORD.
4. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED.
5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS -OF -WAY,
EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION
NEED BE OBTAINED.
6. THIS IS NOT A SURVEY.
ABBREVIATIONS
A = ARC LENGTH D.E. = DRAINAGE EASEMENT P.O.B. a POINT OF BEGINNING
B.C.R = BROWAROCOUNTYRECORDS OR = OFFICIAL RECORD BOOK P.O.C. POINT OF COMMENCEMENT
CH = CHORD P.B. = PLAT BOOK R • RADIUS
D DELTA (CENTRAL ANGLE) PG. = PAGE IS) RAN • RIGHT-OF-WAY
LIE, UTILITY EASEMENT
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH
MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17.6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID
SCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
�d76•n/Nk7� ti.. I
DONNA C. WEST
SURVEYOR AND t
FLORIDA LICENSE
.rrcm DATE OF LAST FIELD WORK: NOT A SURVEY
10, LS 4290
SOUTHAMPTON JOB NO.: 881205C DATE: 7-13-99 1 SHEET 1 OF 2 SHEETS
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SKETCH
LOCATION MAP
NOT TO SCALE
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KINGS POINT REP
(P.13.156, PG.3• B.C.R,)
SKETCH OF
10' UTILITY EASEMENT
(FOR IRRIGATION LINE)
IN PARCEL "S"
KINGS POINT REPLAT
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P.O.6. S T.
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EASEMENT
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NOS 76 85�"1' I'
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JOB NO. 881205C DWG BY: JP SCALE: I"• BD' 10' UTILITY EASEMENT
SOUTH
AMPTON CWD B � DCw DATE- 7-13-99 SHEET 2 OF 2 SHEETS
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