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Home My WebLink AboutR-2010-082 Broward Commerce Park Waterline Easement RESOLUTION NO. 2010-082 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A TWELVE (12) FOOT WATERLINE EASEMENT LOCATED ON BRYAN ROAD IN THE CITY OF DANIA BEACH (A COPY OF THE WATERLINE EASEMENT WITH EXHIBITS A AND B IS ATTACHED) GRANTED BY BROWARD INTERNATIONAL COMMERCE PARK LIMITED PARTNERSHIP, A MICHIGAN LIMITED PARTNERSHIP; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward International Commerce Park Limited Partnership, a Michigan Limited Partnership, constructed and extended the commercial building on its property, which is located on Bryan Road in the City of Dania Beach; and WHEREAS, due to the construction, the twelve (12) inch waterline was relocated, but is still on the property of Broward International Commerce Park Limited Partnership; and WHEREAS, the waterline presently serves property to the north of the commercial building in the City; and WHEREAS, Broward International Limited Partnership desires to grant to the City of Dania Beach the twelve (12) foot Waterline Easement for the City to maintain (a copy of the Waterline Easement with Exhibits A and B is attached to this Resolution); NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Broward International Commerce Park Limited Partnership grants to the City of Dania Beach the relocated twelve (12) foot Waterline Easement located on Bryan Road to the City for future maintenance. A copy of the Waterline Easement with its Exhibits is attached to this Resolution, and is incorporated by this reference. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 25, 2010. c'/ FIRST c K. McELYE Po5 OR-COMMISSIONER ATTEST: m�o3P j (7� --lejr LOUISE STILSON, CMC , CITY CLERK �Nca+roaP'�o APPROVED AS O F AND CORRECTNESS: THO AS . A R CITY ATTORN 2 RESOLUTION#2010-082 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: James Danto Danto Investment Company,Inc. 1700 Stutz Drive, Suite 25 Troy,MI 48084 (248)649-4770 WATERLINE EASEMENT THIS WATERLINE EASEMENT(the"Easement's dated this�f day of ,.II f QP k,,2010,from BROWARD INTERNATIONAL COMMERCE PARK LIMITED PARTNERSHIP,A MICHIGAN LIMITED PARTNERSHIP,having an address of 1700 Stutz Drive,Suite 25,Troy,Michigan 48094(hereinafter"Grantor'),to the CITY OF DANIA BEACH,a Florida municipal corporation,having an address at 100 West Dania Beach Boulevard,Dania Beach,Florida 33004(hereinafter"Grantee'). $ELITALS: Grantor is the owner and operator of that certain commercial property located in Broward County,Florida, as more particularly described in Exhibit"A"attached hereto and by this reference made apart hereof(the"Servient Estate"). Grantor has agreed to grant to Grantee this Easement,subject to the terms and conditions hereinafter set forth. NOW,THEREFORE,for and in consideration of the premises and the sum of TEN AND NO1100 DOLLARS($10.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto do hereby agroe as follows: Grantor hereby grants,bargains and sells to Grantee,its successors and assigns,a perpetual easement under,over and across a parcel of real property,the legal description of which is attached hereto as Exhibit"B"and incorporated by reference herein(hereinafter the "Easement Area"or"Easenent'j. Grantor has full power and authority to convey the rights and easement conveyed herein, and will defend the title to same from and against the claims of all persons whomsoever,subject however,to easements,covenants and restrictions of record as of the date hereof,real estate taxes and assessments not yet due and payable and zoning,building and other applicable laws,codes and regulations. Grantee may use the Basement Area for the installation,use and maintenance of water lines. 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 anyone other than Grantee,except Grantor may grant an easement to other utilities in the Basement Area so long as such utility easements do not interfere with Grantee's use of the Basement Area. Grantor may,for its own purpose,utilize the surface area of the Easement Area except in such areas as are used by Grantee in the exercise of its rights under this Basement. The Grantor's use of the surface area of the Easement shall be further limited to the use of the surface area of the Easement for landscaped areas,open space recreation areas and other uses and improvements in accordance with plans as are approved by Grantee or its utilities department; but shall not include the establishment of permanent buildings or other structures. The Grantor shall maintain the surface area of the Easement. Grantor grants to Grantee a perpetual non-exclusive easement upon the Servient Estate described in attached Exhibit'A"whereby Grantee shall have the free right to enter upon and depart over and across the Servient Estate and the Easement Area to the extent necessary to fitlly exeecise Grantee's rights within the Easement Area,for purposes including but not limited to, inspection,maintenance,repair,and replacement or reinstallation of utility facilities,but in each instance Grantee shall be responsible to restore the Easement Area to its condition prior to Grantee's work. The provisions of this Basement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with the land and binding upon the Servient Estate. The 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 obligation assumed pursuant to this instrument. Any oral representation 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. (Acknowledgment on following page) IN WITNESS WHEREOF,Grantor has hereunto act its hand and seal on the day and year first above written. Browad International Commerce Park Limited Pamership By: Danto Investment Company, Inc., General Partner Witnesses: Br James Danto,President Print Name: Print Name: STATE OF MICHIGAN ) SS: COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me on 2010 by James Danto, as President of Danto Investment Company,a Michigan corporation,on behalf of the corporation,who is personally known to me and who did not take an oath, Notary Public, State of Michigan Typed,printed or stamped name of Notary Public My Commission Expires: EXHIBIT"A" i Tract A,leas the South 295 feat thereof,of RE-AMENDED PLAT OF HOLLYWOOD PALMS, a subdivision according to the Plat thereof,as recorded in Plat Book 36,at Page 46,of the Public Records of Broward County,Florida,which tract is also described as the South 1124 feet of the West 'h of the Northeast K of Section 33,Township 50 South,Range 42 East, Broward County,Florida,less the South 295 feet thereof i EXHIBIT, DB" SKETCH & LEGAL DESCRIPTION SURVEYOR'S NOTES; THIS IS NOT A SURVEY I. REPROOIIG110NS of THIS SMICII ARE 40T VALID MIHCIT THE SNIlANI E AND THE ORIGINAL RAISED SEAL OF A RORIDA LICENSED WAVEYOR AND IIAPPER. 2, NO TITLE WPM OR A9STRAOT TO INS PV99P POVERTY NAS GUN PROVIDED. RCS POSIMLE IHAT THERE ARE DEEDS.EAMENTE, OR O71tER WWWA NIE(RECORDE)00 ON[CORDFD)WON WAY NFI:CT TIE SINNECT PNOPERTY,NO SEAW OF INE NISUC ROOMS HAS BEEN UADC OT TNE SMRVCTOt. >. THE LAND DEWWr1ON 111401114 If MM 111AS PRIPAR119 Er THE SURVEYOR. 4. DEAWIIDS ARE ASSIINIM AND 6ASOO ON INC NMI"LINE C'IRACT A,RE-ALIEIIOED FLAT OF HDLLYAWO PAWS,PS. 35,PO. 40. HAVING A BCAM40 OE N.N'4ws7'G 5. DATA 90101 NO="W15 CONPLED F*M NSTRUNENT(S)OF RECORO AND DOES NOT CONSTITUTE A BOUNDMY SURLEY. A PORTION OF TRACT A OF THE RE-AMENDED PLAT OF HOLLYWOOD PALMS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 36 PAGE 46, OF THE PUSUC RECORDS OF BROWARD COUNTY, FLORIDA. AN EASEMENT 12.00 FEET IN WIDTH LYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. THE SIDES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED AS NECESSARY IN ORDER TO MAINTAIN A CONTINUOUS STRIP OF LAND 12.00 FEET IN WIDTH AND TO INTERSECT AT ANGLE POINTS. COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 'A", THENCE SOUTH 01'21'45" EAST ALONG THE WEST LINE OF SAID TRACT A TO A POINT ON A LINE &GO FEET SOUTH OF AND PARALLEL TO, AS MEASURED AT RICHT ANGLES TO THE NORTH LINE OF SAID TRACT A, A DISTANCE OF 8.DO FEET TO THE POINT OF BEGINNING; THENCE NORTH 57'46'57' EAST ALONG SAID PARALLEL LONE . A DISTANCE OF 438.95 FEET TO REFERENCE POINT 'A'; THENCE CONTINUING ALONG SAID PARALLEL LINE, NORTH 87'46'57- EAST, A DISTANCE OF 16.41 FEET; THENCE NORTH 0213'03" WEST, A DISTANCE OF &00 FEET TO THE POINT OF TERMINUS. TOGETHER WITH: AN EASEMENT 12.00 FEET IN MOTH LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. THE SIDES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED AS NECESSARY IN ORDER TO MAINTAIN A CONTINUOUS STRIP OF LAND 12.00 FEET IN MOTH AND TO INTERSECT AT ANGLE POINTS. BEGINNING AT REFERENCE POINT "A"; THENCE NORTH 02'1T03" WEST, A DISTANCE OF &00 FEET TO THE POINT OF TERMINUS. NOT VALID WITHOUT PAGE 2 CERTIFICATION: I WRENY C0111PY INAT ME ATTAOIES 399M AND oL909PTI0M OF THE NOUN DESC KO PROPERTY R IRUE AND CORRECT TO THE BEST OF NAY IDIDVAEOGE AND BELIEF AS PREPARED ANGER MY DMEICi W E FURIHER CODIFY THAT THIS METCI AND OESCMPTRN NESTS IK NWMUM WrAlbCµ STANDARDS SET FCITN N CCIAPTER DIM- S. MANDA A0111HS11FAIM CODE,PURSUANT TO S(CTION 47LO27, FLCSOA STATUTEA DNY_s 2 OE NOTE: TIN aspmyned OM MIRY CARTER M ASSOC1471W nob no repmeantoUm or yeamatm oe to the Wfamollen reSeotod bream PaWn" to eoeemente,dible el Nu MOalk 111u,rpunume"rowenle OW a AmRw mdum and NNW. thw welrym"I Is net"woo to MRoe/er mt forth eB wok mattem. Such IeformaUo. Shoem be"loW a"onRrmAd h7 olia fle myh en eapreprwte ISIe eeereh. NOTE: Linde element Penn wre AN Molraated M AShle-obw7 wWfor roeananl8 oA no" BRUCE CARTER & ASSOCIATES, INC. 1103 SEEM IS NOT DATE 03--29-10 SURVEYORS -PLANNERS VALID UNLESS IT SEWS W 011I6 OPAL SISNAltm 405 S.E. 6TH AVE. AND EWmRrmimsEA1fD DRAM Y RCA (SOUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 35483 PHONE 561 -265-1910 / FAX fib 26 -1919 F.B. PG. NA . BROWARD INTERNATIONAL COMMERCE CENTER TIEOrcTPRED L m SCALE NTS UTILITY EASEMENT IsTATE SFLGRTOA PAGE 1 OF 2 • LE(EHQ P,L ' PLAT M K SKETCH 6 LEGAL DESCRIPTION ►u , rim THIS IS NO A SURVEY PAC POINT OF CONIVICENENr ►AB POINT or K(iINNY6 PAT • POW K IOWORIS UE. • UTILtTI EASENENI P,O.C. ^ ^N—OR Ti0MCORNER . BEAOND M E P.Q.T.ROTA MP6.TO. TE.OFTRACTA BAI.21'd6'E — ^ —T N6T1«TENB. 5 .2N 0W N ' . BA Bw M.2'UWW. B WEST CA III'EAMFA? OFTRACTA NOT VALID VATFIOUr PA08 I NOTE: Tha uNV"p of and BRACE CARTER k ASSOOAIEABC malts m rpfawal.tlm a Ratmlax ao to tho IafamatNa "OW hNom peAVaYig to xeemmlA Ap As of w% eoWm4 Ilex,e�Wplbu oyoyNall VH oUV 0 W maWn and*1ter. this ImV j A not NIVdW to nleel V Nt NRh eR aVa maNar< eh pl7aaaotla SRald ba obloined and amRrmed er ether, thmagh an gppnptlato title oomok NCTEt Lamp allavA hWan vaes Aal awtmoled for tlphlo-ohvar and/r m,emnla of teaa,d. BRUCE CARTER IN ASSOCIATES, INC. na swcN Is Nor Vial DATE 03-29-t0 SURVEYORS - PLANNERS tnEEss IT BEARS AN ORIGIONAL IMMATURE AND ----" 405 S.E. 6TH AVE, �wa RAWN Y RCA SURVErORs (SOUTH FEDERAL HIGHWAY) Am OELRAY BEACH,FLORIDA 33463 PHONE 61 2b - 10 /FAX %1 965-1019 / F� PG_ NA E N cmrER BROWARD INTERNATIONAL COMMERCE CENTEft� ISTERE2 LAND SCALE NTS LITILITYEABEMENT SUIIVETOR "MIArE of TIORIM PAGE 2 OF 2