HomeMy WebLinkAboutCity of Tamarac Resolution R-97-282Temp. Reso. #7955 October 21, 1997
Revision #1 - November 19, 1997
CITY OF TAMARAC
RESOLUTION NO. R-97-- c�&�Z
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 FAITH UNITED CHURCH OF CHRIST
FOR THE FAITH UNITED CHURCH OF CHRIST
SANCTUARY PROJECT LOCATED AT 6201 NW 57T"
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 Faith United Church of Christ Sanctuary Project
located at 6201 NW 57th Street (attached hereto in map form as "Exhibit 1") was approved
by City Commission on May 14, 1997; and
WHEREAS, the development of the Faith United Church of Christ Sanctuary 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 System required to serve the Faith United Church of Christ Sanctuary Project;
and
WHEREAS, Faith United Church of Christ, as the owner of the property has offered
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Temp. Reso. #7955 October 21, 1997 3
Revision #1 - November 19, 1997
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 zR6 day of___N
1997.
ATTEST:
CAR L A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approvod this RESOLUTION as
to ftirm.
MITCHELL S. KR
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSI N VOTE
MAYOR
SCHREIBER
DIST 1:
COMM. MIKAYE
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBED S
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TEMP. RESO. # 7955
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EXHIBIT 1
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AND SEC, 11
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FAITHUCH.DWG
FAITH UNITED CHURCH OF CHRIST
WATER AND SEWER UTILITY EASEMENTS
TAMARAC UTILITIES
WATER AND SEWER, UTILITY EASEMENT
FOR: Faith United Church of Christ (New Sanctuary)
NAME OF PROJECT
On this 26 day of November 199 7 , that Faith United Church
of Christ having an address of
6201 N.W. 57th St., Tamarac FL 33319 ,
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
961014 1 Wsue.wpd
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furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised
cable TV that crosses this easement at right angles.
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,
irr 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 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.
961014 2 Wsue.wpd
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IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST'
By:
Type Name
Robert W. Eichman
Corporate Secretary / Vice -President
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF 670,45
By:
Type Name ary Jane Redfield
President
Faith United Church of Christ
Tamarac, Florida
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 N E
El u to me known to be the person(s) described in and who
executed the foregoing i strument and acknowledged before me and under oath that _
executed the same.
WITNESS my hand and official seal this lJPd day of ,
1991
a° It `C ANNETTACOLEMAN T PUBLIC, State of Florida
My Commission C0377321 a arge
m� Expi— Jun. 10, 1998
°�
OF
(Naitne of Notary Public: Print,
Stamp, or Type as Commissioned)
( Personally know to me, or
( ) Produced identification dek_ k(g
Type of I.D. Produced
( V) DID take an oath, or ( ) DID NOT take an oath.
961014
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Wsue.wpd
E
ATT S .
R S. Noe, Jr.,
Cit Manager
ATTEST:
By -
Carol A. Evans,
City Clerk
STATE OF FLORIDA
SS
COUNTY OF BROWARD
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe Sch A er
Mayor
Date: November 26, 1997
CUkS. Noe, Jr.,
iiCi Manager
Date: November 25 1997
Apprr'(5veo as to rm:
y.
Mitchell . Kraft,
City 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 they executed the same.
199 7 .
WITNESS my hand and official seal this 26 day of November ,
Patricia Marc
Notary Public, State of Florida <
�s Commission No. CC 422913 {
'!sF woe My commission Expires 11/27/98 i
I .ROt -NOMY - V18- Nary Savi$c & drdin9 Co.
-a4a
NOTARY PUBLIC, State of Florida
at Large
,V -T 1C1,+ MMGVRIO
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
( Personally known to me, or NONE-
( )Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( x) DID NOT take an oath.
961014
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Wsue.wpd
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
s.r3z_Tnna Rerlfje,l.,ddo hereby affirm that I am the Prccirlont of
Faith United Church f Christ, Tamarac and that I have executed a
Tamarac Utilities Water and Sewer Easement with the City of Tamarac for the construction,
of a new sanctuary 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.
FURTHER AFFIANT SAYETH NOT.
(Signature;)'',,
This J� day of , 19V .
STATE OF FLORIDA
: SS
COUNTY OF rgpv,�AQ :
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 to me known to be the person(s)
described in and ho executed the foregoing instrument and � _ _ acknowledged
before me and under oath that s/h - executed the same.
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WITNESS my hand and official seal this .& day of O,
199_�L_.
NOT PUBLIC, State of Florida
c ANNETTA COLEMAN at Large
My Commission cC377321
r Expires Jun. 10. 1998 n9rF OF FI�P\O (Na a of Notary Public: Print,
Stamp, or Type as Commissioned)
( ) ersonallY know to me, or
( Produced identification „, ��y1 i a, 'Oel i"&�
Type of I.D. Produced
( V) DID take an oath, or ( ) DID NOT take an oath.
961014 5 Wsue.wpd
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P.O.C. NORTHWEST PARCEL "A"
SHEET I OF 2
CORNER OF PARCEL 'A' BERMUDA CLUB OF TAMARAC
FAITH UNITED CHURCH OF CHRIST (P.B. 78, PG. 14, B.C.R.)
(P.B• 141. PG. 25, B.C.R.)
- PLAT LIMITS
_vim
I
I
A
I/J PARCEL "A"
FAITH UNITED CHURCH OF CHR15 -
6
N
� I � (BEAT BOOK 141, PAGE 25. B.C.R.) -
cl
3 ACRES MORE OR LESS
m
� � S se•41'25" E �I %A
I � �R/ /3 S• I
1.
N 99.405' E 4.748 SF, N 80'48.15" E ,15.00'
_ 62.43' MORE OR LESS 32..57J S 00'13'45' E
�BB•48'15' W� � r5 8G'48'15" w
77.43'----�-I
-';---62.43' tp _ �--10' U.E. �ln�
• O PLAT LIMITS
oI /NI
+20
THE FOUNTAINS
(P.B. 83, PG. 44, B.C.R.)
ti fiIJY I(O.R.B. 5823. PC,EASEMNT 895-896. B.C.R.)
NOTES:
e - 02'20'51
R 406.00' I 1. BEARINGS SHOWN HEREON ARE REFERENCED
-,1. 16.63, TO THE PUT OF FAITH UNITED CHURCH OF CHRIST
I S (P.B. 141, PG, 25. B.C.R.).
2. THIS IS NOT A SKETCH OF SURVEY.
NON -VEHICULAR
ACCESS LINE
NORTH LINE OF
N-W, 57th ST.
LEGEND:
B.C.R.
BROWARD COUNTY RECORDS
O.R.B.
OFFICIAL RECORD BOOK
R/W
RIGHT OF WAY
P.B.
PLAT BOOK
PG.
PAGE
P, 0.8.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCEMENT
U.E.
UTILITY EASEMENT
CENTRAL ANGLE
R
RADIUS
L
ARC LENGTH
CER11flGO0N: ..__.
I HEREBY CERTIFY THAT THE ABOVE SKETCH AND DESCRIPTION IS TRUE AND CURIAE NUM
TO THE BESY OF W " II��OE AND 111JEF AND CONFORMS WITH iFR MIN MRR
THECHNHCAL STMDARDS FOR LAND SURVEYS AOOPI® BY THE FIARIG 5T THE UNDERSIGNED AND PAUL E BREW01 ! ASSOCIATES, INC. MAKE
11
BOMB OF PROFESSIONAL LAND SURVEYORS IN pNP1Eft 11p17-S, OF NO REPRESENTAl10N5 Op pUARA1REE4 AS TO 111E INFORMATION
FI.ONG AAMlASTMTNE CODE PURSUANT TO SECTION 47Z0$7, RHFL,ECTW HEREON PERTAWIND TO EASEMENTS. RIGHTS OF WAY.
AS AMENDED.
SITBACK LINES. ACREBMEMIS AND DTHEIt MATTERS. AND FURIHER,
;;�" r_. THIS WIRUMENT R NOT INIENMEO TO REFLECT Oft SET FORIM ALL
7 14 97 _ SUCH MATTERS, SUCH INFORMATION SHOULD 9E OBTAINED AND
GATED: .-.- .. CONFIRMED WY OTHERS THROUGH APPROPRIATE TIRE VERDTG1gN.
PMII E BREWER LANDS SHOWN NEREON WERE NOT ABSTRACTED FOR RMI S OF WAY
PROFESSIONAL LAND SURV M AND OR CO MENTS OF RECORD
_... FLORIDA R[CSTINTION NO. 3Y40
SCA
B
PAUL E. BREWER DRA'
& ASSOCIATES, INC,
12321 N.W. 35th Street
Coral Springs, FL 33065 CKti
(954) 753-5210
1"=5o'
FILE
BY: T.D.
Y.�
1. 97-228
ul
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SKETCH AND DESCRIPTION
SHEET 2 OF 2
A PORTION OF PARCEL "A", FAITH UNITED CHURCH OF CHRIST, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 141, PAGE 25, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "A";
THENCE SOUTH 00'13'45" EAST (BEARINGS ARE REFERENCED TO SAID PLAT OF FAITH
UNITED CHURCH OF CHRIST) ALONG THE WEST LINE OF SAID PARCEL "A", A DISTANCE OF
184.64 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 89'46'15" EAST, A DISTANCE OF 56.81 FEET;
THENCE NORTH 31*18'35" EAST, A DISTANCE OF 60.79 FEET;
THENCE SOUTH 58'41'25" EAST, A DISTANCE OF 15.00 FEET;
THENCE SOUTH 31'18'35" WEST, A DISTANCE OF 51.58 FEET;
THENCE NORTH 89*46'15" EAST, A DISTANCE OF 35.59 FEET;
THENCE SOUTH 0013'45" EAST, A DISTANCE OF 15.00 FEET;
THENCE SOUTH 89'46'15" WEST, A DISTANCE OF 32.57 FEET TO A LINE PARALLEL
WITH AND 77.43 FEET EAST OF THE WEST LINE OF THE AFORESAID PARCEL "A";
THENCE SOUTH 00'13'45" EAST, ALONG SAID PARALLEL LINE A DISTANCE OF 153.97
FEET TO THE POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST AND TO
SAID POINT A RADIAL LINE BEARS NORTH 26'32'48" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 406.00 FEET, A
CENTRAL ANGLE OF 02'20'51", AN ARC LENGTH OF 16.63 FEET TO A LINE PARALLEL
WITH AND 62.43 FEET EAST OF THE WEST LINE OF SAID PARCEL "A". THE LAST CALL BEING:
COINCIDENT WITH THE NORTH RIGHT—OF—WAY OF N.W. 57th ST. AS RECORDED IN O.R.B. 3918,
PG. 854, B.C.R.;
FEET; THENCE NORTH 00'13'45" WEST, ALONG SAID PARALLEL LINE A DISTANCE OF 146.79
THENCE SOUTH 89'46'15" WEST, A DISTANCE OF 62.43 FEET;
THENCE NORTH 00'13'45" WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF
BEGINNING.
SAID LANDS SITUATE LYING AND BEING IN BROWARD COUNTY, FLORIDA. CONTAINING
4,748 SQUARE FEET MORE OR LESS.
PAUL E. BREYVER
& ASS❑CIATES, INC,
12321 N.W. 35th Street
Carat Springs, FL 33065
4954) 753-5210
REVISIONS
A
/A
Y: T.O.
97-2.2a