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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-060Temp. Reso. # 7657 January 22,1997 1 CITY OF TAMARAC RESOLUTION NO. R-97 w C) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A "TAMARAC WATER AND SEWER UTILITY EASEMENT" WITH JOHNVINCE FOODS, INC., FOR THE JOHNVINCE APARTMENTS PROJECT LOCATED ON THE NORTHEAST CORNER OF MCNAB ROAD AND NW 70TH AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the Johnvince Apartments Project located on the northeast corner of McNab Road and NW 70th Avenue (shown in map form as "Exhibit 1") was approved by City Commission on September 27, 1995; and WHEREAS, the development of the Johnvince Apartments Project required the installation of a Water Distribution System and Sewage Collection System; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution and Sewage Collection System on the Johnvince Apartments Project; and WHEREAS, Johnvince Foods, Inc., as the owner of the property, has offered the "Tamarac Water and Sewer Utility Easement" for water mains, water services, fire hydrants and sanitary sewers; and Temp. Reso. # 7657 January 22,1997 2 WHEREAS, it is the recommendation of the Director of Utilities that this easement from Johnvince Foods, Inc., be accepted and executed for the Johnvince Apartments 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 execute a "Tamarac Water and Sewer Utility Easement" with Johnvince Foods, Inc., for Johnvince Apartments Project required for the installation, maintenance and operation of Water Distribution and Sewage Collection 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" with Johnvince Foods, Inc., for the Johnvince Apartments Project (attached hereto as "Exhibit 2") to allow legal access to City Utility Personnel to perform 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. Temp. Reso. # 7657 January 22,1997 3 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of c, 1997. JOE SCHREIBER MAYOR ATTEST: - CAROL A. EVANS, CMC CITY CLERK RECORD OF COMMISSION VO I HEREBY CERTIFY that I have MAYOR..,,[, o approved this RESOLUTION as DIST too DIST ► DIST 3: MItCHELL S. KRAFT d1ST4� CITY ATTORNEY Utilities/dav/aml 1 Prepared By: Record and Return To: Mitchell Kraft, Esquire City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321 TAMARAC UTILITIES WATER & SEWER UTILITY EASEMENT FOR JOHNVINCE APARTMENTS On this Z.G day of IfAA-4# _ , 19 Yam, that JOHNVINCE FOODS, INC., a Florida corporation, having an address of O -r O P (hereinafter "Grantor"), expressly grants an easement to the CITY OF TAMARAC, a municipal corporation having an address as 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 incorporate by reference herein (hereinafter the "Easement Area"). Grantee may use the Easement Area for the laying, installing, maintaining, operation 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, BellSouth, 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, in no event, shall any of the rights herein reserved to Grantor impede the Easement herein or the exercise of the rights thereunder. Grantor shall have the right to remove any natural or man-made obstructions placed on the easements which impede the easement herein granted or the exercise of the rights thereunder. 0 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. • 11 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 int he 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 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. ATTEST By: Secretary s 7-4Tc-- o f o, -- (2o Q h y 0q0 BrouagwrD : SS JOHNVINCE FOODS, INC., a Florida corporation, RANTOR By: Vincevzio Pulla, President [corporate seal] I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Country aforesaid and in the Province aforesaid to take acknowledgments, personally appeared Vincenzio Pulla, as President of Johnvince Foods, Inc., a Florida corporation to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this a&-� day of Dee-&m 1 Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, orA DID NOT take an oath. NO ARY PUBLIC (Name of Notary Public: Print, Stamp, or Type as Commissioned) O FFICIALRy E L TEIN NOTE OF FLORDDA . CC55g8,1¢ NY Comm. E 2(1' C� Signed, sealed and delivered in the presence of: ATTEST \� By: Robert S. Noe, Jr. J� City Manager ATTEST: By: Carol Evans, City Clerk STATE OF FLORIDA COUNTY OF BROWARD ACCEPTED BY CITY OF TAMARAC GRA TEE w By: Mayor Dated 9 By: V - Robert S. Noe, Jr. City Maiager to F Mitchell S. 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 and Robert S. Noe, Jr. tome known to be the persons) described in and who executed the foregoing instrument and+ie acknowledged before me and under oath that he executed the same. they WITNESS my hand and official seal this __2_6 day of March , 192L. 1pRY PUe OFFICIAL NOTARY SEAL NOT RY PUBLIC State lorida O 6 PNYLL13 POLIKOFF � 2 r * COMMISSION NUMBER at Large Q CC390392 o4�e MY COMMISSION ExP. PHYLLIS POLTI{QFF O Fv SEPT 231998 --- (Name of Notary Public: Print, Stamp, or Type as Commissioned) (X) Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or (KXDID NOT take an oath. 11 ATTEST: ; l IIf° By: Secretary STATE OF FLORIDA SS COUNTY OF MORTGAGEE: By: -✓� nc Vied President [corporate seal] I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid nd in the County aforesaid to ake acknowled ent ,,perso all i eared I,y �T1'��l���►vCpr� as of (�� Va� P 0tilp, to me known fo, be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this Z 3 day of �Bt V&e , 19 -2L OFrJAMES C WATERS N40TARY PUBLIC STATE 01 43 Of COMMISSION NO MY CQo 15510N �Cr. NdV,17 (personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or (_,YbID NOT take an oath. • �>/ 1) / / �111 ; ` /I ARC PUBLIC, State"of Florida urge (Name of Notary Public: Print, Stamp, or Type as Commissioned) • • • "EXHIBIT A" LEGAL DESCRIPTION The North 73.75 feet of Tract T, and all of Tract Y of McNAB COMMERCIAL SUBDIVISION NO. 1, according to the Plat thereof, recorded in Plat Book 71, Page 13, of the Public Records of Broward County, Florida. 101 MMMIT A OESlRwn0m: Tract Y together with the North 7ZL73 feet of TrOOt 7 Of 11CNAB OOMVEFCAL SUBONSION NO. I' SHEET 1 OF Oxdrding to the blot thereof as recorded In Plot Book 71. Pagd 13 of the Public Records of Braward County, t1OrWd_ Sold Iortds NWale, lylnq, and boring In the My Of Tamorvq Braword County, Floods ' and aantaining 30.146 aquae Inl (0.m Dorn) more or Ins, e f x �^ a I rrNr rt'+dy� I I I a 1 r ��� d `✓� � ��4 i � Y � ^ i .r ` 1 J92, dt Kn �a.o0- ��• N . a � ry � � � W �w.taY �� '�• LJ U N cr_ u t 1 I.0-EV. - ELEVATION !s 33-TE ITERLINEE {. ANC % R " RAOUSL S. L + ARC LEMOTH /� Y X �++�\ it CAP & V . NAIL i I CMSK 9. M.R.. BROWARD COUNTY RECORDS MCNAS ROAD � i ��� a _ � aeora• r k' I� SLVriErOR'S NOTES This uwvoy sa-j not dbatmeted by the 0.RAAN Br JC11 CHECKED 97. 0�ko SCALE: I• - SO LMO SURVEY tw-*rwgned Tar rights—Of—rd% easarnenU ne.0 3K. / PCS : CfRTIFlW ro: Or Mermtlons Of record. ELEVATION NOTE; REMSIONS. GEMSTAR Qe,gtlana are rMetkv to N. Clod Datum Of and I?Z9. and "these thin o INg t� I h-n6y cwtlfy that this SUI►vt1' mchth the UinW"urrt remmkw MOOD INSURANCE: NOTES: Zone Stmdords as "' forth try tl ytrrtda Horrd of Prof Bea al Lritd Sun..yrrs N "tw alri17-4, Plompag AdmiM.bmtivs COds, (lase Flood 17ehotldn !t/A arwwdnt to "i•etlsn 4,Z.OZ7. FlaAdo SWtatn. COnw,esrlly P"di NO, 1ti/A. EngNewt PI. rfsrs Dated this nth date of Au.1 TI• r T973 AA. prc FIRU doted -aLL 1 Land Surrryan ' Rshranae Floor LrM p r 'r Envlranmenta Professlo, ;� f, Lower Ua+rnt flair LeW 1 Site Qude ti lelO H. O sa.e s n. red r„�„w iaatNae+teas (� � + I. �(" for qraffwln,4 Lnne �' I Sl to 6l Fla Ida Rm"tration 2044 R11s Nrrnber NDT uMr3I ZXW OIN AN UMM "WM" SEµ w nw75—❑1n�Sir-_i s�a,tifvtn.re DESCRIPTION: (Utility Easement) The West 15,00 feet of Tract Y, together with the West 15.00 feet of the North 83.75 feet of Tract T of "MCNAB COMMERCIAL SUBDIVISION ;�lo NO. V. according to the Plat thereof as recorded in Plat Book 71, Page In" 13 of the Public Records of Broward County, Florida. o' i RO5r- 1d0RrN14/CSp Co,@A1E1Z, rRACr' Y" Said lands situate, lying and being in the City of Tamarac, Broward r 'l AlaerulQCV eW" °a4 County, Florida, �o y rader Y" 1\jam � ' `R•soa.ao' Basis of Bearings is North 89'42'0e" West along the South line of said N Plat, C' 7.6f'58" A ` r50/' I � I.J LU N IN Q I I 150p I �I yI u I ui W • 13 � •— I � may'• - o I n I I I I FJ.09.02'b9" W. � � � uaeruuuE,rancr i I /Soo_ t_ I ti-ID cores � 3 d .�. � I f• P015m P0AJF Of BE611JIAl1JG ti I ?. 2 • R6PIUs z 5.•4• CeLtrRAL a1JG(.E J 4. A • auc vlsreucr: 3 _.! S 10 75 JO I % ' BRA N1C SCUE 1".30 MCAJA5 WOA0 This sketch does not represent a boundary survey. SURVEYOR'S NOTES: DRAWN BY: ,T.P CMECKED BY: SCALE: I" - 30r Sketch & Description This sketch was not abstracted by the FIELD BK, PGS.: undersigned lot rights-of-woy, easements / PREPARED FOR: a reservations of record. REVISIONS: Y GrCA�J�TAR ELEVATION NOTE: Elevations ore relative -"" to Noliona Geodetic Vertical Datum of t929, and ore shown thus: 1 hereby Certify that this sketch meets the Minimum Technical Standards as set forth by the Florida Board of Professional FLOW INSURANCE NOTES: Zone: Surveyors and Mappers in Chapter 61GI7-6, Florida Administrative Base Flood Elevation Code, pursuonl to Section 474027. Florido Statutes, panFIRM d Pone_ No. FIRM doled _ Engineers a onntlrs Land Surveyors • Dalav Inie 30 H .IIIL IggV/per lowest Floa Elevation (living area) I Environmental Pra(esslonols Lowest Floor Elevation (garage) CA Average Situ Grade �Vo"� IWa R. acutll•. R..d, suite 2aa p.mtraM• Pla... El.rta. ssaPr WILLIAKA M. L•YhrCI- Praleasionol Surveyor and Mapper Fila Nymber ((4e4I4ae-tovv E•.: (sb4pae-eae4 Grt. e( A�lheryx.11.n r I-D sew Stole of Florido Regislralaon Nor .vxep Not VALID UNLESS SEALED PATH AN EkOOSSFD SURVEYOR'S SEAL • u DESCRIPTION: (Utility Easement) A portion of Tract T of "MCNAB COMMERCIAL SUBDIVISION NO. V. according to the Plat thereof as recorded in Plat Book 71, Page 13 of the Public Records of Broward County, Florida, said portion more particularly described as follows: COMMENCE at the Southeast corner of said Tract T; thence along the East line of said Tract T on an assumed bearing (based on said Plat) of North 00*57'11' East 146.75 feet to the POINT OF BEGINNING; thence parallel with and 103.25 feel South of the North line of said Tract T, North 89°02'49" West 140,00 feet to the West line of said Tract T; thence along said West line, North 00.57'11" West 20.00 feet; thence parallel with and 83.25 feet South of the Nor h line of said Tract T, South 89'02'49" East 70.49 feet; thence North 00'57'11' East 9.50 feet; thence parallel with and 73.75 feel South of the North line of said Tract T, South 89'02'49" East 15.00 feet; thence South 00'57'11" West 9.50 feet; thence parallel with and 83.25 feet South of the North line of said Tract T. South 89"02'49" East 54.51 feet to the East line of said Tract T; thence along said East line, South 00'57'11" West 20.00 feet to the POINT OF BEGINNING. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida. uOTES roc r PPIA/T OE 'cem dE) cemeur P,RB. - Powr mar-aij I.I)Afe jr CWTERLIME Rr RAO7U5 d r CEA)TRAL AAJrW At ARC D)STAIJCE •0000" rR v�n�3 4 �P h O53 4 I ISURVEYQR'S NOTES: This 61:064 was not abstracted by the undersigned for rights-•ol-way, eosemer or reservations of record. is ELEVATION NOTE: Elevations are relative to Noliond Geodetic Vertical Datum or 1929, and we shown thus: j 1 FLOOD INSURANCE NOTES: Zone! _,•_ Oaae Flood Elevation _ Communily Panel No, _,•_ per FIRM doled _ Lowest' Floor Elevation (living area) UIA_ Lowasl Floor Elevation (gorage) W# Average Site Geode -WA I Basis of Bearings is North 89'42'09" West along the South line of said Plat. AJORM Or 4. AVEAIUE wEsr uue rreacr'r"-. u.00'�7'rr• �. 7000' I I I 85.75 I la v 00 . I B t•�� Si F% • ; LL-Y)- 2i �IN o n17:C5 q� I Ibt Pe • e I I„ 57`ll "E, 14c,7$' EAST LINE, rRACr, r77— / w, 5,00'S7' 11"µ7. DRAWN BY: JP I CHECKED BY: KL FIELD ale. / PGS. REVISIONS: o g 00 76 60 OROF ell C SCALE 1" 30' This sketch does not represent o boundary surve SCALE: I"_- 36 Sketch h Description PREPARED FOR: GEMSTAQ 1 hereby cerliry that this sketch meele the Minimum Technical Standards as set forth by the Flarido Board of professional Surveyors end Mappers in Cho 61G17-6, Florida Adminislrplive Coda, puru sanl to Section 41 1127* Florida Slolulea. Doled this 80rN day of jULy 1996 AEngineers • Planners �► Land Surveyors Environmental 1 ea 1p N. a•uelu 0••d. aalL. epp 4. . Suit. PI-- PlnFlarle• 330e4 (9e•)•3111-90ee r— lee+Nse-e6e4 .W 14 LIAM M, LYNrCM Profess�wol Surveyor and Mapper Slate of Florida Regislrolion N— or*49 F__File_ Number core, a Aurkerlr•rlon / IA 6680 ; :NOT VALID UNLESS SEALED bTTII AN EMBOSSra SURVEYM'S SEAL • C� • uor�s !. P.D.B.' P[711JrOP BEGl1.1luAlG 7. a• RAOIL16 9. A' CEIORAL A"GLE 4. A • ARC orsrwice 5 � 'CEJJrERLIl,IE 0 e ra 2c 5a CRAP( rG AC�O• SURVEYOR'S NOTES: DRAWN BY: ,TP This 5e41(41 was not obstructed by the FIELD 8K, / PCS, undersigned far rights-ol-way, easements or reservations of record. REVISIONS: ELEVATION NOTE: Elewlions ore relative to Nolional Geodetic Vertical Datum of 1929, and ore shown thus: DESCRIPTION: (Canal and Utility Easement) Portions of Tracts T and Y of'MCNAB COMMERCIAL SUBDIVISION', according to the Plat thereof as recorded in Plat Book 71, page 13 of the Public Records of Broward County, Florida, said portions being more particularly described as follows: BEGIW at the Northwest corner of said Tract Y, said point lying on a 300,00 fool radius curve concave to the South whose radius point bears South 00'57'11' West; thence Easterly along said curve, also being the Northerly boundary of said Tract Y. through a central angle of 27'49'05' an arc distance of 145.66 feet to the Northeast corner of said Tract Y; thence along the East line of said Tracts Y and T on an assumed bearing (based on said Plat) of South 00'57'11' West 249.08 feel; thence parallel with and 73.75 feel South of the North line of said Tract T. North 69'02'49' West 20.00 feel; thence North 00*57'11" East 236.73 feel to a point an the are of a 280.00 fool radius non tangent curve Concave to The South whose radius point bears South W 26'19'48' West: thence Westerly along said curve, being concentric with the aforesaid Northerly boundary of s01d Tract Y, Through a central angle of 25'22'37" an arc distance of 124.01 feet to the West line of said Tract Y; LU thence along said West line, North 00*57'11' West 20.00 feel to the POINT OF BEGINNING. Basis of Bearings Is North 89'02'49' Wesl along the South line of said Plat. Said lands sltuata, lying and being in the City of Tamarac, Broward County, Florida, C1 3 90• CHECKED BY: 00 �i y n�51 glI�$ l ,� CWMER,TRACP•y"C4�4('Pr�Hl- R• aoo 00�• WQY W g Arge7N65RC 1 �9o0,v6q 7edj b5 •• A y , 3 a•zao.ao•�`n.a �` &•7z,a' W�1� r %+ "i t?� r•r I �V, �I J al ti V, lV V W .r �I 4 3 �I I u.Mrpsdo•'w. �•"�• I I ua(ru wue, ragc)• • • i '- I •h j � I a I N-89•o •a�",U 2o.PQ• MCNAa ROAD This sketch does not represent a bounder SCALE: 1" d30' Sketch & Description PREPARED FOR: GEMSMR ct 3 H B N 1 hereby certify that this sketch meets the Minimum Technical • St andards as eel forth by the Florida Board of Professional FLOOD INSURANCE NOTES: Tone; Surveyors and Mappers in Chappter 61G17-6, Florida Administrative Base Flood Elevation Cade, pursuant to 5action 472,027, Florida, olulea. Na. _ Per ld Engineers . Planners 'Doled this D^''ao 01 y . FIRM per FIRM doled led G Land Surveyors ®��' �/ Environmental Professionals .fi, Lowest Flaw Elevation (living ea) EL l. GG W ILLI A" i A, LY CH Lowasl Flow Elawtion (garage) �` low K. bevel.. pad, aulr sap Professional Surveyor and Mdppar rile Number Average Silo G/Odf F.rnbrab. pin.., Florid. aaal4 (p54)45e-.sap F. (ae.)4ae-see. Slate vl Florida Regielrolion N,— IG® C.n..1 Aurherlunon IT w esao NOT VALID UNIESS SEALED MIN AN (uR055E0 SURVFYOR'S SrAL TEMP. 'RESO. # 7657 EXHIBIT I • I• I• 80 ST Q ] 7 uo a r• n v HE THGA E 79 ST 78 CT W H < w n P nI P R D 7 0� Q w n n 76 DR 76 CT F & D w u�> v 7 n Q 75 ST ~ GREENBRIAR LO CAS' 0 N. THIS -S TI im eKWf'1b BRG a w w > i- m 5 �9 LANE S K. 3 cy, w c 7 W ~ \0 \Jo r 7Q N o n � o 78 ST 78 ST 78 ST 78 ST 78 ST ./ 77 ST Q 76 PL WEST ❑❑ 17 Q, 3 w Q r• kD D � 3 � n r- n n n 76 DR �6 GT i 76 CT 76 ST 76 ST 76 ST 75 DR a ~ i 7 MAIN AND 16 7 > r- 75 CT g [IRS TH 6 m 75 CT Q `D N iGo ¢ W Q 75 ST a 75 ST p n n r- 74 PL n n 74 PL 73 ST 73 ST 72 ST T , 72 ST 7 o rr 0 / ¢ 71 ST ^ b 71 CT n n 70 CT 71 ST MA LANDS 14 > 70 ST RCREST 14 70 CT j t• .D 70 ST �D �D Y UNITED METHS❑DISTQ Q 0 LAKE Wz �w CD z ¢z n COLONY w Z) M z j w � w TAMARAC BR❑❑K WOOD PLAZAL MCNAB ROAD PLAZA JOHNVINCE/MCNAB APARTMENTS WATER & SEWLrR UTILITY EASEMENTS JVFWSUE,DWG