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Home My WebLink AboutCity of Tamarac Resolution R-2000-057Temp. Reso. #8913, February 4, 2000 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- s% 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 PROSPECT COMMERCIAL, INC. FOR THE COMMERCIAL SHOPPES PROJECT LOCATED ON THE SOUTHWEST CORNER OF COMMERCIAL BOULEVARD AND PROSPECT ROAD, TO ALLOW LEGAL ACCESS BY CITY UTILITIES 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 Commercial Shoppes Project located on the southwest corner of Commercial Boulevard and Prospect road (attached hereto in map form as "Exhibit 1") was approved by City Commission on April 14, 1999; and WHEREAS, the development of the Commercial 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 Commercial Shoppes Project; and WHEREAS, Prospect Commercial, 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. #8913, February 4, 2000 2 WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Commercial 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 Prospect Commercial, Inc. for the Commercial 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 Prospect Commercial, Inc. for the Commercial Shoppes Project located on the southwest corner of Commercial Boulevard and Prospect Road, to allow legal access by City Utilities 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. a i7 1 Temp. Reso. #8913, February 4, 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 �6 day of , 2000. ATTEST: CAROL GOLD, C C/AAE CITY CLERK I HER BY CERTIFY that I have app(oveld is RESOLUTION/ s tefformA I _ /' MW/krs/tf MITCHELL�RAF7/ CITY ATTORNEY GG'' JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1:.. COMM. POR CNER , DIST 2: V/M MISHKIN DIST 3: , COMM. SULTANOF ICOMM. DIST 4: _. ROBERTS 7 fl�,�asII • • l-Emr. mEbu. # Oulu 55 ST THE BOULEVARDS ~ESmi ti > N h a N ru N N co 54 ST ru g ST N 53 ST 53 ST pPOSPECT un 53 ST to... .. .. co a ru 52 ST 51 P LAND SEC, 17 CHRISTIAN LIFE CENTER RD BTD� d � CZ P�- >- ru Gpr\M�� q�t4 a j uj 49 ST a 1 .1 rruu N N \��\ v ❑AKLAND PARK >I �I a Na ro ro N N MUNICIPAL PARKING LOT > a N N CAP❑RELLA PARK a 51 > T SITE N TEXACp LOCATION N .D49CT 0 u 0 N a w z M d .D v> N N H UNITED `D METHODIST r11 48 $T CHURCH C7 TAMARAC I INDUSTRIAL PARK Q ru COMMERCIAL SHOPPES WATER AND SEWER UTILITY EASEMENT COMM_SHOPPES.DWG "Exhibit 2" TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Commercial Sho es NAME OF PROJECT On this day of 2600 that Pros ect Commercial Inc. having an address of 943 Clint Moore Road Boca Raton Florida 33487 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 ($1 Q.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: Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF Rain,M : GRANTO By: Lam, Type Name Robert Kleinhenz Authorized Agent 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 o,c3� �� y� N z. to me known to be the person(s) described in and who executed the foregoing instrument and /ff acknowledged before me and under oath that /VE executed the same. WITNESS my hand and official seal this day of /c7:f 56Au14ie y 2000 . NOTARY P at Large .��F �', TERESA M. FOSTER PA a Pu } My Comm Exp. 10/28/2001 No. CC 874782 (Name of N I Cal I Ifil or type as Commissioned) ( ) Personally known to me, or P) Produced Identification AIe/ 11r?5 41d �Vs E 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: ACCEPTED BY CITY OF TAMARAC GRANTEE Joe §dhreiber Mar Date: 3113 /,Lav v ATTEST: By: .�� Jeffr �Iler By: City anager Carol Gold, CMC/ E City Clerk Date: ppro ed s t o By: STATE OF FLORIDA Mitch S. Kraft, SS City Attorney • COUNTY OF rLm�„oR : 1 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 - Cc, to me known, to be the person(s) described in and who executed the for of g instrument and acknowledged before me and under oath that -,LIL executed the same. WITNESS my hand and official seal this /3 day of��_zc. 20 ---)k"-""j Z�� NO ARY PUBLICe,"State of Florida at Large OFFICIAL NOTARY SEAL MARION SWENSON NOTARY PUBLIC STATE OF FLORIDA (Nam F(u diq: DI rintost mp, (IfPersonally known to me, or or Type as Commissioned) ( ) Produced identification Type of I.D. Produced 9 ( ) DID take an oath, or ( -T'D- ID NOT take an oath 980605 4 Water and Sewer Utility Easement • r LJ AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Robert Kleinhenz do hereby affirm that I am the Authorized Agent of Prospect Commercial Inc. and that I have Tamarac Utilities Water and Sewer Easement with the City of Tamarac for executed a Commercial Shoppes project and that I am the owner's authorized agent 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 ow FURTHER AFFIANT AY TH NOT. (Si ture) This -;We day of F Beu qR , 20e O 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 to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that 1746 executed the same. WITNESS my hand and official seal this g �a day of r�ee�r�y 20 o D ( ) Personally known to me, or ( x) Produced Identification NOTARY PUBLIC State of Florida at Large 7n. TERESA M. FOSTER My C-nM Exp. 1012&-=1 No. CC 874782 or type as Commissioned) R� u"FRS LiGFh�SCC Type of I.D. Produced • ( ) DID take an oath, or( k) DID NOT take an oath. 980605 cJ Water and Sewer Utility Easement KrY EXHIgIt „A�. }' IJ hw—• ` '' - ..r. r°' ... a i+'.' � ji 11gi. 1 jr—.-!Ii R Sla, IL �i i.�. ' •Y � I rx' rrwvr. � �f `�d 3 (' �! �� .s sit } �} �.•�$} i�lf��A}�i�""s�rYrst�j IIr}All� rJ lisle jgx F i A Ass a s } 1.}} 1i �p• {/{'� ,� � �� } � P1. tI}(C I�� sael i} �� "'�� i}}'F its'"�� s�11r�s �� s��'��r� ; >~ i�• , �I'� ! ` ' } i�Ty� } a� - � �}l [fr� � ��-� � Y}��1� �r��r" i�rs's"IA 3 �'�'��`� •'� ec��` •' I • 00 0t EXH I IT. ! '"Al nTCrMTDm TnN. City of Tamest - BE1M the East 125 feet of the North 175 feat of Parcel 'S', 'Twr*Xac lakes South', according to a plat thereof recorded in Plat Book 62, at page 24, of the Public Retards of said Btoo rd County, and a portion of the Northwest quarter of the 'Southeast quarter of Section 17, Township 49 South, Range 42 Bast, LYIM past of and adjacent to said Parcel "8•, bm d on the East by a lino parallel to and 50 test East of the Bast lino of said Parcel "S' and bourried an tha North by the Easterly extension of the North line of said Parcel 'S" and bounded on the South by a line parallel to and 175 feet South of the said North line of said Pnrvel "V . LZS; the external past of a 25 foot radius curve LYTtG betsmm the tangents and being located at the Northeast corner of the above described portion of said Section 17, and more particularly described as follower BEOINNING, at the Southeasterly and of a curved highway connectiM right of way llr* which connects the Southerly right of way line of Went Counmrcial Boulevard (N.W. 50th Sheet) (100 foot right of way) with the Westerly •, right. of way liner of Prospect Road (100 foot right of way)) running thence :.• (1) alo g the said Line of Prospect Road, South 01 degree 18 minutes 53 seconds East 149.89 feet to an iron pipe in concrete in line of land now or foxn arly of February Development Corporation; thence (2) along the said line of land of February Deveeloprett Corporation; South 88 degrees 26 minutes 15 seconds west 175 feat to an iron pipe In concrete in another line of land raw or formerly of February Davelopment Corporation; thence (3) along said. other line of land of February Develognant Corporation; North 01 degree 18 minutes 53 secordo west 175 feat to an irc n pipe in ccwv=etr in the said line of West Crarmercial Bmdavardn thence (4) along the said lire of West Ccmarcial Boulevard, North 88 degrees 26 mtmtes 15 seconds Fast 149.99 foot to the Northwesterly end of the said curved highway connecting right of way line; and thence (5) along said curved highway ,connects Ig right of way line, along a curve to the right with a radius of 25 feet, an arc distance of 39.38 (the chard bearing and distance of said arc being South 4G degrees 26 minutes 19 seconds East 35.43 feat) to the Plate of Beginning; said lards situate, lying and being in Bsoward Ommty, Flcci.da i UNDER AND SUBJECT to the restriction that at no time hereafter forever stall grantee, its successors or assigns, suffer or permit any fence or Obstruction to be constructed or maintained along the eon= botudacy, line of the said eonvayed lends and lands adjoining to the South and West which would prevent the free flaw of traffic (vehicular and pedestrian) over, acraea and along the driveway areas which are or may be•ocnatructed and maintained on lands abutting or adjoining said coma property line. Being the same property deslgnated as Parcel 6 as conveyed to Mobil Oil Corporation, a New York Corporation, by Special Warranty Deed from. Atlantic Richfield Caw", a Pennsylvania Corporation, dated March 20, 1972, and recorded in Book 4927, page 843, of Official Records of Bzcwaxd County, Florida. bs4 Lane the following ofthe SStateof Florida, taken da,byy astipula�ted Final JJJudgnjnnttlenical subdivision entered on July 17, 1981, rer 78-3393, Parcel 61, and described as follower In C] Z ~C. A portion of the Northwest ar�r.tPurter• (NW 1/4) of the Southeast one -quarter (5E 1/4) of Section 17, Township 49 South, Range 42 Ust, more fully described as follower 'A U CR'2492CIN3 at the Nan khmst corner of the said Northwest one -quarter (NW o W 1/4) of the Southeast one -quarter (SE 1/4) of Section 17; m a, b , THENCE South 00' 17' 51" East along the Bast line of the said Nux-Ur•mt one -quarter (NW 1/4) of the Southeast one -quarter (SE 1/4) of Section 17, v O(i a distance of 65:39 feet. 'n T41£1JC9 South 89' 42' 09' West, a distance of 50.0 feet to the POINT OF BEGINN= and a point on a curves 7URCE Nonthweaferly along a curve to the left whose tangent is parperdicular to the lest mentioned turrse with a radius of 25,0 feet, and a central angle of 90' 18' 00', and are distance of39.40 feet to a point of tangency, said point being 40.0 feet South of as measured at right angles the north line of the said Northwest one-cpuarter (NW 1/4) of the Southeast one -quarter (SE 1/4) of Section 17; THENCZ South 45' 26, 51" Fast, a distanco of 35.45 feet to the POINT OF DMINNING; TNA aurorr m"Is It'd Mlnwm Trim" stor4A,411 01 IIM FIV" ".m 01 LA d iWY7pa/e yN1f11a111 10 ch"IM 4T7.07, r CERTIFlCAT! 1 bWMVV t[elnwY THAT rH[ ATTAC//ea SAVCM M IH~ Of r"I Aaove pgoc4o la RIorgm f to TAy{ Amo COMICT TO TH! HAT of DIY ■e10vaim[ mo a[uef As SURV"Ia UNOM WY 011weG FEB-02-00 WED 09:19 AM CITY OF TAMARAC BLDG DEP FAX NO, 954 724 ''383 P. 0i • AGENCY AUTI[ORIZA TI()N KNOW ALT, '\tFN 13Y 1Hf;,SE PRESENTS that 1'raspcct Commercial, Tile. h�1s made, collstituted and appointed, and by tlll=se prOsents does make constitute anti appoint, Robert Kleinllcrlx its true and lawful agent For it and in its place Und sti nd, for the purpose. of CXtcutina and processing any and all documents which 111tty be ncc,cary or appropriate in order to effect the issL1,111ce of site plan approvals <uld pc;lllits from the }aUVCrrinlClltal authorities collccr11111g tl1C Propcl-ly located in 131-oward County Florida, bivillb and (ranting unto Robert KlcinlicI12. full potive, and autlull'ity to do anti 17cri�11ln ��Il t and every tier arid thine whatsoever requisite and necessary to he dune in collneetioll whe issu""ce of such site p1t,11 approvals and perinits. i111 PN WITNESS THERF01,, I have hereunto set my hand and seal the _ day of June, 1999. Sealed and dcliverccT in the presence of: Aartin P. 1lcise, S�crctary Prospect Commercial, Inc. State omorida County of Palm Beach 13efore me 11c:rs0114111y appeared Martin P. 11cise, known to nle to be file Person described, Sworn and subscribed before me. this day of June, 1999 OFFICIAL NOTARY 5EA L BECrI,'NA J WW..................... .......... NOTARY Pi1BL1C STATE OF FLORMA COMWWON NO. Cemi$y MYCOMytlssrON EXP. UNIZ 10.2001 0 AP 46543A "Exhibit S" • • COMMERCIAL BLVD. N. LINE PARCEL S 100' R/W TAARAC LAKES SOUTH T1300K 62, PAGE 24 uaa-nmvxrFFPL�A 367.53. r P.O.C. N.W. CORNER PARCEL S "TAMARAC LAKES SOUTH" PLAT BOOK 62, PAGE 24 DESCRIPTION: (10' UTILITY EASEMENT) A PORTION OF PARCEL 'S', "TAMARAC WOES SOUTH-, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62. PAGE 24 OF THE PUBLIC RECORDS OF BROWARO COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF PARCEL 'S' OF AFFORESAID PUT, THENCE ALONG THE NORTH LNE OF AND A PROJECTION EASTERLY OF PARCEL 'S', NBB'05'34"E 367.53 FEET; THENCE 54647'00'E 35-43 FEET; THENCE S01'39'34E 46.81 FEET TO THE POINT OF BEGINNING; THENCE SW'03'34"W 8.00 FEET; THENCE S01'39'34'E 10.00 FEET; THENCE NBB'05'34"E 6.00 FEET; THENCE NO1'39'34'W 10.00 FEET TO THE POINT OF BEGINNING. SURVEYOR'S NOTES: 1. ALL BEARINGS OR ANOLES SHOWN HEREON ARE BASED ON THE RECORD PLAT UNLESS OTHERWISE NOTED. 2. THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH IN CHAPTER 01017-6 FLORIDA ADMINISTRATIVE CODE. 0 e*i . ra P.O.B. 58e k, B o a $ a d w O N68'05'34"E ['>.- Ei z a i CADD FILE; C;\SDSK\PROJ\bagd\dwq\ROCKASDLT.dwq THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS Of THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO CHAPTER 472.027. F.S. DATE; //7/Z06a PAUL A. DAMS P.L.S. #45311 STATE OF FLORIDA. DAVIS ASSOCIATES, INC. 201 S.R. 15th THRRACR, SU11% 103A, D88llF'1ELD BEACH, PU 33441 PlION9 (954) 690-9101, FAX (954) 690-9'/22 phone: (305) 698-9101 fax: (305) 698-9103 IJoe No. IDATIs 117la—---lainew`r w. IF.D./PG. 1 e