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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-239Temp. Reso. #7964 August 4, 1997 1 CITY OF TAMARAC RESOLUTION NO. 023 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 PULTE HOME CORPORATION FOR THE SANIBEL PROJECT LOCATED ON THE WEST SIDE ON NW 108TH TERRACE BETWEEN MCNAB ROAD AND SOUTHGATE BOULEVARD TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the Sanibel Project located on the west side on NW 108th Terrace between McNab Road and Southgate Boulevard (attached hereto in map form as "Exhibit 1 ") was approved by City Commission on February 9, 1994; and WHEREAS, the development of the Sanibel Project required the relocation of a Water Main due to conflicts with the water main and the buildings; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution Systems required to serve the Sanibel Project; and WHEREAS, Pulte Home Corporation, as the owner of the property has offered the "Tamarac Water and Sewer Utility Easement" for the relocated water main; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Sanibel Project; and 'J Temp. Reso. #7964 August 4, 1997 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 accept and execute a "Tamarac Water and Sewer Utility Easement" with Pulte Home Corporation for the Sanibel Project required for the installation, maintenance and operation of 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: The appropriate City Officials are hereby authorized to accept and execute a "Tamarac Water and Sewer Utility Easement" (attached hereto as "Exhibit 2") with Pulte Home Corporation for the Sanibel Project located on the west side on NW 1 08th Terrace between McNab Road and Southgate Boulevard 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 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. 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. 11 'fJ Temp. Reso. #7964 August 4, 1997 3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this q day of _1997. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HERE CERTIFY that I have approvfed is RESOLUTION as to fdrm. A /'? �& � _■•:►. utilities/dav/aml �' JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. MCKAYE DIST 2: V/M M_ISH_KIN DIST 3: COMM. SULTANOF _ DIST 4: COMM. ROBERTS EXHIBIT 1 0 -0 • TEMP. RESO. # 7964 C14/CYPRESS CREEK CANAL ' r SOUTHGATE BL 1 83 ST :3. ] 83 ST gQ ] 7 Q 82 S T p C sr l co A, A CV f#, R r a;, < 81 sTuJ W E T W❑ D 6 ti l�N �� c o 80 CT SE TI❑N 4 4 �� �✓ p 8a » 411SY ���fMR iL 11 D EXETER % �a CO��✓� 02 � LJ W 1a� jj%jjj%jj%�j/ e0 p �p L❑MBARDY 'J W g EXETER . U Q a KINGS PT. TREN C❑MMER. PK. Nr U w w a ROCKFORD z LJ GRANVILLE SP[fRTS C❑MF�L�X` z// T R 2� j // j/// SEDGEFIELD /jj/ /�/�� EVANGELICAL 77 ST COVENANT x %/// // j//�/ CHURCH ly 0 7 % KINGS///%/ PROF. PLAZA KINGS P❑INT SALES CENTER LAIRFAX CLUB HOUSE co /�Iffil SANTBLEX.➢WG SANIBEL WATER AND SEWER UTILITY EASEMENTS EXHIBIT 2 Temp. esc. 7964 THIS INSTRUMENT PREPARED BY RECORD AND RETURN TO: FRANK A. UTSET, ESQUIRE GOLDBERG & YOUNG, P.A. 1630 North Federal Highway Fort Lauderdale, Florida 33305 TAMARAC UTILITIES SE ND WATER ND SEWER UTILITY EASEMENT FOR: NAME OF PROJECT On this.8 day of , 199 7 , that PULTE HOME CORPORATION, a Michiaan corporation having an address of 1350 East ,Newport Center Drive. Suite 00 Deerfield Beach Florida 33442 , 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 developer of a residential community known as Sanibel, a legal description and sketch of which is attached hereto as Exhibit "A", and incorporated by reference herein, (hereinafter the "Servient Estate"). The Servient Estate is subject to a Declaration of Covenants, Restrictions and Easements for Sanibel dated February 4, 1994 and recorded February 8, 1994 in Official Records Book 21733, Page 542 of the Public Records of Broward County, Florida, together with any amendments thereto (hereinafter referred to as "Declaration of Covenants"). Pursuant to the Declaration of Covenants (and particularly Article 2 thereof), Grantor has the unilateral right to grant or create such easements (exclusive or non- exclusive ) as it may determine in its sole discretion without the joinder of any other parties. Grantor hereby pursuant to Article 2 of the Declaration of Covenants 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 the 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. Notwithstanding anything contained herein, the City of sunrise Natural Gas Easement may be located within the Easement Area. However, in no event shall any natural gas line running parallel to the water and sewer lines within the Easement Area be located within eight feet of a water main and appurtenance and/or 10 feet from any storm or sanitary sewer main. 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. 2 Grantor grants to Grantee, a perpetual non-exclusive easement upon the Servient Estate wherebyGrantee shall have reasonable access ess 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. 3 �J This instrument contains the entire agreement between the parties relating to the rights ranted and the obligations assumed p 9 9 9 g 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. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. GRANTOR: PULTE VOME CORPORATION, a Michigan corporal ,ion / �fiVEN/ FELDMAN, an Authqi�ized Signatory STATE OF FLORIDA ) ) SS COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this c�4ti day of M t,_ , 1996, by STEVEN J. FELDMAN of Pulte Home Corporation, a Michigan corporation, on behalf of the corporation. He is personally known to me WITNESS my hand and official seal this cbA,�.. day of , 1996. NOTARY PUBLIC, State of Florida at Large y�:� SUSIWE.PFiILWIMN ��v� � . Qr�,If My�,gdj OMMMM 0 CC MayCt� (Signature of Notary Public) EVIRB;40a.. ' Boned 7hM Nfty Pa6k lkidarr tm Print Commission No. 3"7 W751 ( ✓) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or DID NOT take an oath. 4 • • ATT R rt S. Noe, Jr., Ci Manager ATTEST: By:��— Carol A. Evans, City Clerk STATE OF FLORIDA COUNTY OF BROWARD SS ACCEPTED BY CITY OF TAMARAC GRANTEE Jo%9chreiber Mayor Date: nrtnher R3', 1997 A )\ --t <��' f) R rtS. Noe, Jr., Cit Manager Date: October 8, 1997 Appfoveo a$ to Ychell`S. (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 Joe Schreiber & Robert S . Noe Jr. 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 tthey executed the same. 199 7. WITNESS my hand and official seal this 8 day of October , 70if�c—� NOTARY SEAL LIS POLIKOFF SSION NUMBER C390392MMISSION E%P. T 231998 ( x) Personally known to me, or ( ) Produced identification 1W MA NOTARY W- of • . at Large Ph)41 I is -P-al i kcLff (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( x) DID NOT take an oath. 5 EXHIBIT "A" TO TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT FOR SANIBEL All of Land Section 6 - North, according to the Plat thereof, as recorded in Plat Book 153, on Page 20, of the Public Records of Broward County, Florida. �J fau\misc\eanihe1.a cmd022396.1 • • THIS PLAT � J C� Sou FHCATE BLVD. MCNAB ROAD SECTION C-49--4I LOCATION SKETCH NOT TO SCALE CCL CONSULTANTS, INC. AUTHORIZATION MLB5610 ENGINEERS SURVEYORS PLANNERS 2200-PARK CENTRAL BLVD. N. SUITE 100 POMPANO BEACH, FL 33064 (305) 974.2200 -LEGEND: R= RADIUS L= ARC DISTANCE n = CENTRAL ANGLE PB. = PLAT BOOK > 5' WATER PG.= PAGE O.R.B. = OFFICIAL RECORDS BOOK B.C.R.= BROWARD COUNTY RECORDS U.E,= UTILITY EASEMENT -H1 = NON VEHICULAR ACCESS LINE EASEMENT SANIBEL NDRTN LOCATION SKETCH (NOT TO SCALE) LEGAL DESCRIPTION: 15.00 FOOT UTILITY EASEMENT AN EASEMENT LYING IN A PORTION OF PARCEL "A", "LAND SECTION 6 - NORTH', ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15 3, PAGE 20. PUBLIC RECORDS, BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST EASTERLY CORNER OF SAID PARCEL _A" A POINT ON A CURVE, SAID POINT BEARS SOUTH 31-29-26" EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE: THENCE SOUTH WESTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 1240.00 FEET, A CENTRAL ANGLE OF 10'36'20". FOR AN ARC DISTANCE OF 229.52 FEET, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL "A"; THENCE NORTH 42'05'46" WEST FOR 25.00 FEET TO THE POINT OF BEGINNING OF A 15,00 FOOT WIDE EASEMENT, LYING 7.50 FEET ON EACH SIDE OF AND ABUTS THE FOLLOWING DESCRIBED LINE; THENCE NORTH 46'18'23" WEST FOR 92,40 FEET TO A POINT OF TERMINUS. SUBJECT TO EXISTING EASEMENTS. RIGHTS -OF -WAY, RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY, EASEMENT LINES ARE TO BE LENGTHENED OR SHORTENED TO PROVIDE A CONTINUOUS 15.00 FOOT WIDE EASEMENT, I NOTES: 1, UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING. SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID, 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY CCL CONSULTANTS, INC. FOR EASEMENTS AND OR RIGHTS - OF -WAY OF RECORD, DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 4. BEARINGS ARE BASED ON THE EAST LINE (SOUTH 00'59'02" EAST), LAND SECTION 6-NORTH PLAT BOOK 153, PAGE 20. DATE BY (NOT A SURVEY) Composite Exhibit Page of 3 CERTIFICATION: I HEREBY CERTIFY T14AT THE ATTACHEO SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO'THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT -IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH 'BY THE FLORIDA STATE BOARD OF PROFESS(ONAL'WPVEYOR$ AND. MAPPERS IN CHAPTER 61G(7-6, FLORIDA ADMINISTRATIVE CODE. Sig N M x SKETCH AND LEGAL 4/96 NANO PERSAUD: PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA N 4790 DATE DRAWN CHECKED FIELD 02/24/96 BY M.M.M BY BOOK 0 z CCL CONSULTANTS, INC. AUTHORIZATION #LB561 D ENGINEERS SURVEYORS PLANNERS 2200 PARK CENTRAL BLVD, N. SUITE 100 POMPANO BEACH, FL 33064 (305) 974-2200 _ POMPANO BEACH ._ ORLANDO MIAMI LEGAL DESCRIPTION: 15.00 FOOT UTILITY EASEMENT Composite Exhibit Page -2 , of_ AN EASEMENT LYING IN A PORTION, OF PARCEL "A", "LAND SECTION 6 -- NORTH , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 153. PAGE 20, PUBLIC RECORDS, BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID PARCEL "A": THENCE SOUTH 00'59'02" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL "A FOR 440.18 FEET; THENCE SOUTH 89'00'58" WEST FOR 40.00 FEET TO THE POINT OF BEGINNING OF A 15.00 FOOT WIDE EASEMENT, LYING 7.50 FEET ON EACH SIDE OF AND ABUTS THE FOLLOWING DESCRIBED LINE: THENCE SOUTH 89'01'10" WEST FOR 83.83 FEET TO A POINT OF TERMINUS. SUBJECT TO EXISTING EASEMENTS, RIGHTS -OF -WAY, RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY. EASEMENT LINES ARE TO BE LENGTHENED OR SHORTENED TO PROVIDE A CONTINUOUS 15.00 FOOT WIDE EASEMENT, NOTES: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY CCL CONSULTANTS, INC. FOR EASEMENTS AND OR RIGHTS- F-WAY OF RECORD. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH, 4. BEARINGS ARE BASED ON THE EAST LINE (SOUTH 00-59-02" EAST), LAND SECTION 6-NORT14 PLAT BOOK 153, PAGE 20. DATE BY SKETCH AND LEGAL 02/23/96 u u (NOT A SURVEY) CERTIFICATION: I HEREBY CERTIFY --THAT THE,. ATTACHED SKETCH AND LEGAL DESCRIPTION IS.-TRUE'41ND CORRECT TO THE BEST OF MY KNOWLEDGE AND -BELIEF AND THAT tT•.MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH'.BY THE FLORIDA STATE BOARD OF PROFESSIONAL SURVEYORS AND' -MAPPERS IN CHAPTER 61G17-B FLORIDA ADMINISYRATIV� CODE. NAND PERSAUD: "PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA N 4790 v. h O w w T- V) 0 N U wo �z 02/23/96 I BYAWN M.M.M I By FIELD I BOOK CCL CONSULTANTS, INC. AUTHORIZATION #LB5610 ENGINEERS SURVEYORS PLANNERS 2200 PARK CENTRAL BLVD. N. SUITE 100 POMPANO BEACH, FL 33064 (305) 974-2200 ORLANDO MIAMI SANIBEL LEGEND: R= RADIUS L= ARC DISTANCE © = CENTRAL ANGLE PB. = PLAT BOOK PG.= PAGE O.R.B. = OFFICIAL RECORDS BOOK B.C.R.= BROWARD COUNTY RECORDS U.E.= UTILITY EASEMENT 41,L = NON VEHICULAR ACCESS LINE 9 5' WATER EASEMENT I COmpos;te Exhibit PageL--�of NORTH LOCATION SKETCH (NOT TO SCALE) Ga z� w U � IX w Q U 0_ z L,J L� O O w z Lu Or Oo � U o¢ Li W z SCALE: 1".-60' Lu Vwq} LaJ � 1 � U m U Z rz a s O � u7 O x In a w U � � Q a L� 0 w z J i I X z C2 J z z a z w M44 Li W — m O o z 83.83' �' P a I ra Il^. r-S 89'01'10",IW 1 rn 89'00'58" w 40,00' k, LJ. O N H LJ Ld 2 Ln OVA o is DATE SKETCH AND LEGAL I09/?I/oFI " „ I NANO PERSAUD: PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA 0 4790 DATE DRAWN CHECKED 02/23/96 BY M.M.M BY FIELD BOOK 0 x