HomeMy WebLinkAboutCity of Tamarac Resolution R-97-068Temp. Reso. #7787 February 19, 1997 1
CITY OF TAMARAC
RESOLUTION NO. R-97 6 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 LENNAR HOMES, INC., FOR THE
WELDON PHASE 2 PROJECT LOCATED ON THE
NORTHEAST CORNER ON NW 96TH AVENUE AND NW
77TH STREET; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Site Plan for the Weldon Phase 2 Project located on the northeast
corner of NW 96th Avenue and NW 771h Street (shown in map form as "Exhibit 1 ") was
approved by City Commission on August 11, 1993; and
WHEREAS, the development of the Weldon Phase 2 Project required the
installation of a Water Distribution System and a Sewage Collection System; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution and Sewage Collection Systems on the Weldon Phase 2 Project; and
WHEREAS, Lennar Homes, 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
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the Weldon Phase 2 Project; and
Temp. Reso. #7787 February 19, 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 Lennar Homes, Inc., for Weldon
Phase 2 Project required for the installation, maintenance and operation of Water
Distribution and Sewage Collection Systems.
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.
.QECTION 2: The appropriate City Officials are hereby authorized to accept and
execute a "Tamarac Water and Sewer Utility Easement" with Lennar Homes, Inc., for the
Weldon Phase 2 Project located on the northeast corner of NW 96th Avenue and NW 77th
Street (attached hereto as "Exhibit 2") 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.
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Temp. Reso. #7787 February 19, 1997 3
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this day of _Am/ L
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ATTEST:
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CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
CITY ATTORN
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-7 JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
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WATER AND SEWER UTILITY EASEMENTS
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Temp. Reso. #7787
WATER AND SEWER UTILITY EASEMENT
FOR: Weldon
NAME OF PROJECT
On this 3rd day of February
1997 Lennar Homes, Inc. having
an address of 7600 Nob Hill Road, Tamarac, Florida 33321,
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 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 "S" 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, Southern Bell
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 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.
2
• Grantee shall record this document in the Public Records of
•
Sroward 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.
3
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IN WITNESS WH
seal on the day an
�fitness
n
i►1
EOF, Grantor has hereunto set his hand and
year first above written.
Lennar Homes, lnc,--j i
Rob Ahrens
Vice President
STATE OF FLORIVA : �)
SS
COUNTY OF BROWARD
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
Rob Ahrens
to me known to be the person(s) described in and who executed the
foregoing instrument and he acknowledged before me that
he executed the same.
WITNESS my hand and off eal A 0 lb day
o f •: •. STA71= o
b Y 11i� • 'o COMMISSION # CC 404837
'qr •}r�� EXPIRES SEPT. 9,1998
NOTARY PUBLIC, State of
Florida at Large
CC LIDt4 W67
Signature otary Public)
Print
Commission No.
Personally known to me, or
( )Produced Identification
( )Type of I.D. Produced
( )DID take an oath, or ODID NOT take an oath.
4
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ATTE
By:..on
Robert S. Noe, Jr.,
City Manager
ATTEST:
By. ;� /.ar
Carol A. Evans,
City Clerk
STATE OF FLORIDA
COUNTY OF $RowARD
SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe hreiber
Mayor
Date:^ April 9; 1997
B�n��
Y�
Robert S. Noe, Jr.,
City Manager
Date: —April 9 1997
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 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.
•
WITNESS my hand and official seal this 9 day of April
199 7 .
gV PV OFFICIAL NOTARY SEAL
O1P �(� lacy '1 ; °' PnLIKCFF
? n CDMMIliSllirr NUMBER
j, r CC39os92
T' � MY COMWS8IDl1 EXP.
For;vO SFPT 23.1!A
A%wro,'' r�L•Y PUBLIC, eA of Florida
at •-
Phyllis Polikoff
(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 (x ) DID NOT take an oath.
961014
Wsue.wpd
CARNAHAN•PROCTOR & ASSOCIATES INC.
CONSULTING ENGINEERS • SURVEYORS • PLANNERS
LAND DEVELOPMENT CONSULTANTS
6191 WEST ATLANTIC BLVD., MARGATE, FL 33063 (3051972.3959 FAX (305)972.4178
NOT A SURVEY
(SKETCH AND LEGAL DESCRIPTION)
PARCEL"W"
KINGS POINT RELPAT
(WELDON)
LEGAL DESCRIPTION
PARCEL -W' OF THE PLAT ENTITLED 'KINGS POINT REPLAT'. AS RECORDED IN PLAT BOOK 156 AT PAGE 3 OF THE PUBLIC RECORDS
OF SROWARO COUNTY, FLORIDA.
NOTES
O1. REPRODUCTIONS OF. THIS SKETCH ARE. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
02. THIS DRAWING IS THE PROPERTY OF CARNAHAN•PROCTOR & ASSOCIATES. INC., AND SHALL NOT BE USED OR REPRODUCED
IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION.
03. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE UNDERSIGNED FOR RIGHTS -OF -WAY. EASEMENTS,
RESERVATIONS, AND OTHER SIMILAR MATTERS OF RECORD. SUCH INFORMATION SHOULD BE OBTAINED AND VERIFIED BY
OTHERS THROUGH APPROPRIATE TITLE VERIFICATION.
04. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY, AND RESTRICTIONS OF
RECORD.
05. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
06. BEARINGS SHOWN HEREON ARE BASED ON THE NORTHERLY BOUNDARY OF PARCEL 'W' OF -KINGS POINT REPLAT', ('P.S.
4p156,
PG, 7, B.C.11,1, BEARING NORTH 79.53'27' WEST.
ABBREVIATIONS
A
ARC LENGTH
B.C.R.
BROWARD COUNTY RECORDS
(C)
CALCULATED
C.M.E.
CANAL MAINTENANCE EASEMENT
CH.
CHORD
o ,
- DELTA (CENTRAL ANGLE)
O.E.'
- DRAINAGE EASEMENT
(M)
MEASURED
D.R.B.
- OFFICIAL RECORDS BOOK
(P)
- PLAT
P.B.
- PLAT BOOK
PG.
PAGE IS)
R
RADIUS
U.E.
UTILITY EASEMENT
JawncA00%3uRvrAv 11170 5J%rARCEL. W, 54i1,
SURVEYOR'S CERTIFICATION
I HERESY CER IFY THAT THE DESCR41'
AND SHOWN HEREON COMPLIES WITH
MINIMUM TE NICAL STANDARDS NTAINEDINCHAPTERSIG17.6,FLORIDA
AD R IVE CODE. P T21. FLORIDA STATUTES, AND THAT SAID
0 CRIPT AND CH IS TRUTHE BEST OF MY KNOWLEDGE AND BELIEF.
IC E C, WEINB RGkla6FESSIONAL LAND SURVEYORDATE OF LAST FIELD WORK: NOT A SURVEY
FLORIDA REGISTRATIONNp, 5273
WELDON I JOB NO.: eel20SJ DATE: 4.18.96
SHEET 1 OF 2 SHEETS
EXHIBIT A
C1
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PARCEL "WT'
KINGS POINT REPLAT
(WELDON)
A.�PIP
d1. $2730. a,
�� of
AOOENDDM F.S./Ml DATE I BT CK'D
JOB NO. 6112051 DWG BT, JP/JM SCALE, 1-- BO' SKETCH A LEGAL
NEIPON CK'D B DATE, NONE SHEET 2 OF 2 SHEETS