HomeMy WebLinkAboutCity of Tamarac Resolution R-97-267Temp. Reso.#8002 October 1, 1997 1
CITY OF TAMARAC
RESOLUTION NO. R-97-a (y7
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 SAM AND NATHAN BUTTERS FOR THE
CONTINENTAL CABLE PROJECT LOCATED ON THE
SOUTHWEST CORNER OF NOB HILL ROAD AND NW 67T"
STREET TO ALLOW LEGAL ACCESS BY CITY UTILITY
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 Continental Cable Project located on the
southwest corner of Nob Hill Road and NW 671h Street (attached hereto in map form as
"Exhibit 1") was approved by City Commission on December 11, 1996; and
WHEREAS, the development of the Continental Cable Project required the
installation of a Water Distribution System; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution systems installed to serve the Continental Cable Project; and
WHEREAS, Sam and Nathan Butter, as owners of the property have offered the
"Tamarac Water and Sewer Utility Easement" for water mains, water services and fire
hydrants; and
Temp. Reso.#8002 October 1, 1997 2
WHEREAS, it is the recommendation of the Director of Utilities that this
easement be accepted and executed for the Continental Cable 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 Sam and Nathan Butters
for the Continental Cable 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 Sam and Nathan Butters for the Continental Cable Project located on
the southwest corner of Nob Hill Road and NW 67t' Street to allow legal access by City
Utility 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
u
11
Temp. Reso.#8002 October 1, 1997 3
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 this/.�' day of 1t ,
i0'1'rA
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
apnoro
ed this RESOLUTION as
to.A _n J4/, z
TR/dav/aml
. , 6,
JOE SCHREIBER
MAYOR
RECORD OF COMMISSI N VOTE
MAYOR SCHREIBER
DIST 1: COMM. ► cKAYE
DIST 2: V/M MISHKIN
DIST 3: COMM, SULTANOF
DIST 4: C�___OMM_._ROBERTS
•
•
EXHIBIT 1
TEMP. RESO.# 8002
McNAB RD.
TEE
PLAT J & J PLAT
.• .....................
a
TAMARAC 1299
LAND TRUST
PLAT
am
WESTPORT
z
A
Q
R
W
N
0
4
U
a
TAMARAC
MARKET
PLACE
S & N PLAT
PARCEL A
N.W, 67th ST,
S & N PLAT
PARCEL B '
SITE-----/- I
LOCATION ,
PROPOSEDISTATE STREET
COMMERCIAL BLVD
Q
CD
0
PUBLIC J
SERVICES r«
COMPLEX =
PQ
z
CONTINENTAL CABLE
WATER AND SEWER UTILITY EASEMENT
CONTIN.DWG
EXHIBIT 2
Temp. Reso.#8002
TAMAEAQ UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR:-Qontinental Cable
NAME OF PROJECT
On this 12 day of November , 199 7 , that Sam and Nathan .Butters
having an address of 005 NW 62n venue Suitp, 202 F Laud le Florida 33aO9,
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 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
961014 1 Wsue.wpd
cable TV that crosses this easement at right angles.
0 Grantor may, for its own purposes, utilize the easement area and shall retain a
r�
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 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 amend
ed 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.
961014 2 Wsue.wpd
•
C�
0
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day
and year first above written.
Witness
Type Name G` L L Ji i Aiz T6 i
Witness
Type Name k1Z1AjReec
STATE OF FLORIDA
:SS
COUNTY OF Broward
(GRANTOR) -ZW'
Type Name/Title S@m Butters/owner
/M 1fit- -
Type Name/TitleNajUn_ Butters/owner
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 Sim ar►d Nathan Butters to me known to be the persons(s)
described in and who executed the foregoing instrument and they acknowledged before
me that they executed the same.
WITNESS my hand and official seal this ? day of ,
EDWARD CHINSKY NOTARY PUBLIC, State of
NOTARY PUBLIC, STATE OF FLORITJ149orida at Large
COMMISSION NO. CC 368728
COMMISSION EXPIRES APRIL 20, 199", y
BONDED THRU NOTARY PUBLIC UNDERWRITER.
(Sig nAu re'—oTTrotary u Ic:
Print, Stamp, or Type as Commissioned)
Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or DID NOT take an oath.
961014
3
Wsue.wpd
•
ATT
s-,
jPert S. Noe, Jr.,
C y Manager
ATTEST:
By:
Carol A. Evans,
City Clerk
STATE OF FLORIDA
: SS
COUNTY OF SROWARD
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Jo S hreiber
Maor
Date: November 12, 1997
S. Noe, Jr.,
ity Manager
Date:
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
JQe Schreiber & Robert S. Noes_ 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 —they executed the same.
199Z. WITNESS my hand and official seal this -12.,- day of November
sp.%Y p(/� OFFICIAL NOTARY SEAL
O �0 PHYLLIS POLIKOFF
r * COMMISSION NUMBER
CC390392
O� FLp5`O MY COMMISSION EXP.
SEPT 231998
( Personally known to me, or
( ) Produced identification
ZZAAMA&
NOTARY PUBLIC, ate of Florida
at Large
(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.
961014
4
Wsue.wpd
C�
•
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the
day and year first above written.
ATTEST:
By.
OL4=9=�
Type Name ()Ct.f0_ F .
Aerp- Secretary
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF G SS
MORTGAGEE Nations Bank
�� Type Name .. Q�ie �-, .&G AVP
.R�esids�
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afore�d and in the County aforesaid to take acknowledgments, personally appeared
n le- Iiih �G to me known to be the person(s) described in and who
executed4he foregoing instrument and acknowledged before me and under oath that -_
she -_ executed the same.
WITNESS my hand and official seal this Vh day of
199�.
OFFICIAL NOTARY SEAL RY PU IC, State OFlorida
LOURDES SANTIAGO t Large
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC418785
MY COMMISSION RXF. NOV, 6199I3 I ntiG
(Name of Notary Public: int,
Stamp, or Type as Commissioned)
( Personally know to me, or
( ) Produced identification
Type of I.D. Produced
DID take an oath, or ( VIDID NOT take an oath.
961014
5
Wsue.wpd
�00 NanhaNl Th" Av.nw
MCLAUGHLIN ENGINEERING PT. 4AVOERDAIA FLORMA 33301
Ife 4 Tdepheu6 (666) 763.7611
ENGINEERS-SURVPMRS Talewplp (666) 766.7618
u
•
C�
■",ENTERuMF NO.=NUMBER,SUED=505DIV15 ION; R/w=RILHT•0E-WAY
Pg C.'R'PALM 8EACH aVWTY RECO21)5j P.B.-PI-AT paoxi P4.zPA(.E
X%EE V, : 000'
>,xururM Fa
SKETCH AND DESCRIPTION
PRoPo-r o EASI PARCEL
rwir
aKerCM
I
r +
Jf Cr�ONi
i- 99•!/
A portion of Parcel,"B", "S & N PLAT", according to the plat thereof as y
recorded in Plat Book 154, Page 38 of the public records of Broward County, `°var 7v xnolff p
Florida; more fully described as follows:
Commencing at the Southeast corner of said Parcel "B"; thence South 890 24' 52" West on the South line
of said Parcel "B", a distance of 400.00 feet; thence North 01 ° 24' 48" West, a distance of 300.11 feet to
a point, on the North line of said Parcel "B'; thence North 89° 26' 31" East on said North line, a distance -of
370.45 feet; thence South 451 59' 08" East an the Northeasterly boundary of said Parcel "B", a distance of
42.11 feet to a point on the East line of said Parcel "B"; thence South 01° 24' 48" East on said line, a
distance of 270.36 feet to the POINT OF BEGINNING.
Said lands situate, lying and being in the City of Tamarac, Broward County, Florida and containing 119,556
square feet, or 2.7446 acres more or less.
We hereby certify that this sketch meets the minimum technical standards as set forth by the Florida Board of
Professional land Surveyors in Chapter 611317.6, Florida Administrative Code, pursuant to Section 472.027,
Florida Statutes.
Certified Correct. Dated at Fort Lauderdale, Florida this 1,1th day of September, 1995.
0 ' N/W 4?'
41 L /A/E OA
AbtYN/w ntN S
/Al
P A
[f
v�
�
�4
4� �2.Orcrrr� oW
O
2'7 ,E.vJErr�ENT h
�F X.93124'.1i2"W. 400.00' r
s i 1.4le ,s a co and[ a of
aP PA.[ !!L 9 P,*,e ,g
rRAcr 3 padwr 41f d66/NurN4
1-6 6,e/a4 "gall- L.oNaS'
-Oa AV PMY Juea• Na- 2
6 iRINGS 51 r4W)4 Re dce e ro Rd-co.eo AZ 4 r
AA-0 4 J-X /ME rNE- SOUr41 L IAI e O c PA e6f4 9'
,4.s S.99°24',52"w
L' LDESCRIMOV4PREMED64 M-LAUGNLIu
E GINEEQ%NG Co. THIS 11� Dq4 QF 5 E P re r)13c &'
IRIS, FIND DOES NOT IUFER TilIX OR OWNERSHIP.
T 41S is Ncir A SURUE4.
T as VAETtH REFLE'EVISEPMEWS AND RIGIAT•OP-
5 Woulu ON 111E P56t4E; FEREN
THE SUBJECT P94PERN JAM Ua
Ow
! � EEM20 V M�gpuG A EN014
M'LAUGVALW EMMWEERMG CO.
eA,eZ e. r4L Y"A rf F1V; REd1MED
lM1D Su1iUE4oR NO Ales , b OF FLIDR
NOT VALID UNLESS SEALED 41tT1{ Aw EM1B055ED UR11E40RS 50
FIE LD Ma
DRAWN B4
pIJC('vcn pu
•
C�
MCLAUGHLIN ENGINEERING CO. ALB. #2851
Engineering . Surveying . Platting . Land Planning
EXHIBIT a
SKETCH & DESCRIPTION
WATERLINE, EASEMENT
CONTINENTAL CABLE SITE
400 NORTHEAST THIRD AvENUE
FORT LAUDERDALE, FLORIDA 33301
Telephone (954) 763-7611
TeleCopier (954) 763-7615
Sheet One of Two
A Fifteen Foot (1S) wide easement over, across and through a portion of Parcel "B', S & N PLAT, according to the plat
thereof, as recorded in Plat Book 154, Page 38 of the public records of Broward County, Florida; the centerline of said Fifteen
Foot 05') Easement being more fully described as follows:
COMMENCING at the Southeast corner of said Parcel "B'; thence South 89' 24' 52" West on the South line of said Parcel "B",
a distance of 371.15 feet; thence North 00° 33' 29" West, a distance of 12.00 feet to Point of Beginning (1) of the herein
described easement; thence continuing North 000 33' 29" West, a distance of 36.08 feet to a Reference Point "A'; thence North
89' 26' 31" East, a distance of 14.00 feet to a Reference Point "B"; thence continuing North 890 29' 31" East, a distance of
199.00 feet; thence North DO- 33' 29" West, a distance of 203.00 feet; thence North 890 26' 31" East, a distance Of 8.00
feet to a Reference Point "C"; thence continuing North 89' 26' 31" East, a distance of 132.41 feet to a point on the West line
of an existing Twelve Foot (12') Utility Easement and the Pont of Termination (1) of the herein described centerline.
TOGETHER WITH:
BEGINNING (2) at the aforementioned Reference Point "A'; thence South 89' 26' 31" West, a distance of 18,00 feet; thence
North 000 33' 29" West, a distance of 179.00 feet, to a Reference Point "D"; thence continuing North 00' 33' 29" West, a
distance of 33.00 feet to a Reference Point "E"; thence continuing North 00' 33' 29" West, a distance of 18.00 feet to a point
on the South line of an existing Ten Foot (10') Utility Easement and the Pont of Termination (2) of the herein described centerline;
TOGETHER WITH:
BEGINNING (3) at the aforementioned Reference Point "B"; thence North 00' 33' 29" West, a distance of 20.00 feet to the Point
of Termination (3) of the herein described centerline;
TOGETHER WITH:
BEGINNING (4) at the aforementioned Reference Point "C'; thence North 000 33' 29" West, a distance of 27.00 feet to a point
on the South line of and existing Ten Foot (10') Utility Easement and the Point of Termination (4) of the herein described centerline; .
TOGETHER WITH:
BEGINNING (5) at the aforementioned Reference Point "D'; thence North 89' 26' 31" East, a distance of 45.00 feet to the Pont
of Termination (5) of the herein described centerline
TOGETHER WITH:
BEGINNING (6) at the aforementioned Reference Point "E'; thence South 89' 26' 31" West, a distance of 24.00 feet to the Point
of termination (6) of the herein described centerline.
Said lands situate, lying and being in the City of Tamarac, Broward County, Florida,
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
Certified Correct. Dated at Fort Lauderdale, Florida this 14th day of August, 1997,
We hereby certify that this Sketch meets the "Minimum Technical Standards" as set forth by the Florida Board of Professional Land
Surveyors in Chapter 61G17.6, Florida Administrative Code, pursuant to Section 472.927, Florida Statutes
rDIIM
LEGAL DESCRIPTION PREPARED BY MCLAUGHLIN ENGINEERING COMPANY AND
DOES NOT INFER TITLE OR OWNERSHIP
BEARING SHOWN REFER TO AN ASSUMED BEARING OF NORTH 01 ° 24' 48' WEST
ON HE EAST LINE OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 41 EAST
THIS SKETCH REFLECTS ALL EASEMENTS AND RIGHT-OF-WAY OF RECORD, AS
SHOWN ON ABOVE REFERENCED RECORD PLAT. THE SUBJECT PROPERTY WAS
NOT ABSTRACTED FOR OTHER EASEMENTS, ROAD RESERVATIONS OR RIGHTS.
OF -WAY OF RECORD BY MCLAUGHLIN ENGINEERING COMPANY.
THE SIDELINES OF THE HEREIN DESCRIBE EASEMENTS ARE TO BE SHORTENED
OR EXTENDED TO INTERSECT ADJOINING EASEMENTS
THIS IS NOT A SURVEY
McLAUGHUN ENGINEERING Co.
-,
Cerl,E. Albrek¢sen
Registered Land SurvRYnr Na. 4185
Sta!e of Florida
"THIS G K�;C:113 NOT VALID UNLESS SEALED WITH AN
EMBOSSED SURVEYOR'S SEAL"
FLEW BOOK No. �_ 9 7- / !�
JOB ORDER No. yv;-
DRAWN BY _
CHECKED BY
•
•
•
MCLAUGHLIN ENGINEERING CO. ILB. n:857 400 NOR I n1:As 1 TIIIRD AVLNk IL
FORT LAUDERDALE, FLORIDA 33301
Telephone (954) 763-7611
it— Engineering . Surveying . Platting . Land Planning Telecopier (954) 763-7615
F'b.Ci. = Pe)uT of lifCIWA1 .ArG
^L'...
P.e,C. = PbleT OF ConnEPcEMEn{T
TAMARAC
R.F Pi. = RCFERENCE Powr
33321
o.R_ n OVCICMA/, REeoRAS 73eoK
P PA46
(SCRsFARo(. VELD CcU►NTY RECoAos
tv
13•03. = PALM BEACH COuurY RECORDS
do�.vr-io.✓ MAP
A/iY
Yd .!GALE
Ti✓O.PGO'Gii.FA.P� pEd/c"AY/C�t/ ��aCAli ��
V� N
T -
-
6.3 a. �
W
&OT."i/yy
° t ~
- -
771
w Kf1dtll/F,/tD/5' ll
� '
t�llr�
fe.T �S
I
Iterpr C rd9 �y—rr'
w
SSA*
0u, Vf111CII
bx/ST/N6
CCES a
cr
/3 uieO/,rG
(P[ a r I
o
r
a_D w
l
cr
i" 7J4
d
rY
Iy�,•� P D,.s
S
!B•Oo'
.R
ry
m
'q S�9'ry SZ"vf!
4dD.L�D'
lR.9CT- .4 F(.oK/PA
CUMPRNY SUQG,Np�. /;4rP/OS,F4rC.[-
Poc.
Pastes 3„
Certified Correct. Dated at Fort Lauderdale, Florida this 14th day of August, 1997.
LEGAL DESCRIPTION PREPARED BY McLAUGHLIN ENGINEERING COMPANY AND
DOES NOT INFER TITLE -OR OWNERSNM
ILARNNG SHOWN REFER TO AN ASSIGNED BEARING OF NORTH Ol • 24' 48' WEST
ON HE EAST LIME OF SECTION 7, TOWNSHIP 48 SOUTH. RANGE 41 EAST
THIS SKETCH REFLECTS ALL EASEMENTS AND RIGHT-OF-WAY OF RECORD, AS
SHOWN ON ABOVE REFERENCED RECORD PLAT. THE SUBJECT PROPERTY WAS
NOT ABSTRACTED FOR OTHER EASEMENTS, ROAD RESERVATIONS OR RIGHTS•
OFWAY OF RECORD BY MCLAUGHLIN ENGINEERING COMPANY.
THE SIDELINES OF THE HEREIN DESCRIBE EASEMENTS ARE TO BE SHORTENED
OR EXTENDED TO INTERSECT ADJOINING EASEMENTS
THIS IS NOT A SURVEY
"NOT VALID UNLESS SEALED WITH
AN EMBOSSED SURVEYOR'S SEAL"
McLAUGHLIN i NGiNEERING CO.
Carl' E. Albreklseu
Registered Land Surveyor No. 4185
State of Florida
RELD BOOK No. /er 0406, 97-/-
Job OkaLH NU. � 71i y /
....... DRAWN Hi
(.Iri.('kPD M