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Home My WebLink AboutCity of Tamarac Resolution R-2005-137Temp. Reso. #10729 June 22, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005- l 3 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH UNIVERSITY HOSPITAL, LTD., FOR THE UNIVERSITY HOSPITAL MEDICAL OFFICE BUILDING PROJECT, LOCATED AT 7225 NORTH UNIVERSITY DRIVE, TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES SUCH AS UTILITY, CANAL, FIRE AND POLICE PROTECTION, EMERGENCY AND OTHER PUBLIC SAFETY SERVICES; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID DOCUMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE WHEREAS, University Hospital, Ltd, is the owner of the University Hospital Medical Office Building Project located at 7225 University Drive (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, a Blanket Public Safety Ingress/Egress Easement is required by City Code Section 24-580 (1)(3)(a), to provide proper access to private property for municipal services; and WHEREAS, University Hospital, Ltd., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the University Hospital Medical Office Building Project; and Temp. Reso. #10729 June 22, 2005 Page 2 WHEREAS, it is the recommendation of the Director of Public Works and the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with University Hospital, Ltd., be approved and executed for the University Hospital Medical Office Building 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 Blanket Public Safety Ingress/Egress Easement with University Hospital, Ltd., for the University Hospital Medical Office Building Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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 Blanket Public Safety Ingress/Egress Easement (a copy of which is attached hereto as "Exhibit 2") with University Hospital, Ltd., for the University Hospital Medical Office Building Project located at 7225 North University Drive. 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. Temp. Reso. #10729 June 22, 2005 Page 3 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 13 day of J01q 2005. JOE SCHREIBER MAYOR ATTEST: /n""/'RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS n I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4�4UUS. GOREN LEL RIM CITY ATTORNEY JED/ejw Job No. CITY OF TAMARAC �� Scale: N.T.S N PUBLIC 110Rn DEPARTMENT ENGINEERING DIVISION < SHEET 1 OF 1 w sa S University Hospital Medical Office Building Blanket Public Safety Ingress/Egress Easement TR# 10729 / S.B LL 76 ST T R 1`5 ! /� rawN PLAZA 7 A,MARAC MFT) r j IJNIV, l i_1NI PICCA ILLY / 72 ST 72 ST t Q�1 Cb f % SITE LOCATION 71 CT WASMU TON UAL TELLER W W F 1 W❑❑ M❑NT 71- f-PAPEi.1TTT ' SQ ARE CLj71 ST a ACAD _- MY ao PIN ARP E PK o iI1._.1.. 00 WENDY'S BANK 06z _...._.._ 70 CT WINN- WACH❑VIA DIXIE BANK N. AM ALBER SON d --- Iw z -w W❑❑DM❑NT W❑❑DM❑NT ALL SAINTS z a as >z w C❑MM COMMONS PLAZA LUTHERAN NATI❑NS SHELL W BANK .J3 M C N A B ROAD WAS ❑ MUTUAL CVS %;CihaCC] 'D VT I LA1 E r w w W w PHARM CY v w \,;'1711D' W •\/ i A y y W w •y w ............. .............. .. _ UNIVERSITY HOSPITAL MEDICAL OFFICE BUILDING EXHIBIT CITY OF TAMARAC, BROWARD COUNTY, FLORIDA ate`' 00 L WHM, P.L SEC. 4, TWP. 49, RGE. 41 iI Exhibit 2 TR#10729 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: University Hospital Medical Office Building (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of 1 12005 between University Hospital, Ltd., a Florida limited partnership, having an address of One Park Plaza, Nashville, Tennessee 37203, (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88th Avenue, Tamarac, Florida 33321 (the Grantee") WITNESSETH WHEREAS, Grantor is the fee simple owner of the real property described on Exhibit "A", attached hereto (the "Property"); and WHEREAS, Grantor desires to create a non-exclusive easement in favor of Grantee for ingress and egress over the property, as indicated on Exhibit "A", upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the sum of ten Dollar ($10.00) paid to Grantor, the receipt and adequacy of which is hereby acknowledged, and for other good and valuable considerations, Grantor does hereby create, establish and grant this Blanket Ingress and Egress Easement to Grantee for the specific purpose of access by Grantee, for Grantee to provide municipal services to the above -described property such as services to existing utilities, maintenance to existing canals, fire protection, police protection, emergency and other public safety services. 981208 1 Blanket Public Safety Ingress/Egress Easement \\Comp149Wctive Properties Development\_UNIVERSITY - MPR\Civil Engineer (Flynn)\Blanket Access Agreement with City of Tamarac-031805.doc It is acknowledged that Grantor, or its successors, intends to construct a two-story 31,170 gross square feet medical office building and other improvements upon the above -described property, and nothing contained herein shall be deemed to prohibit or restrict Grantor or its successors from constructing any buildings or improvements upon the property, subject to the requirements of Grantee or any other controlling governmental authority, and upon the construction of any building and improvements upon such property, the easement created hereby shall be subject to such improvements as are constructed and shall be used by Grantee in a manner which is consistent with the buildings and improvements constructed upon the property and which, to the extent possible, will minimize interference with and will be compatible with the construction and use of said buildings and improvements. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. This easement shall not be released or altered without consent of the Grantee. 981208 2 Blanket Public Safety Ingress/Egress Easement \\Comp149\Active Properties Development\_UNIVERSITY - MPR\Civil Engineer (Flynn)\Blanket Access Agreement with City of Tamarac-031805.doc IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) .Its �11 lLw Witness Type Name, V\!�\ t- Witness Type Name STATE OF TENNESSEE SS COUNTY OF DAVIDSON: UNIVERSITY HOSPITAL, LTD., a Florida limited partnership By: COLUMBIA HOSPITAL CORPORATION OF TAMARAC, a Florida corporation, its general partner r/ � , Howard K. Patterson Vice President 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 Howard K. Patterson to me known to be the person(s) described in and who executed the foregoing instrument and _acknowledged before me and under oath that It _ executed the same. WITNESS my hand and official seal thisQ5� day of , 2005. ( personally known to me, or ( ) Produced Identification N ARY PUBLIC, State off at Large Tttiv%es s e 4?_ \,C\-P_rX W. fob (Name of Notary Public: Print, r,22, or type as Commissioned) . .�. .isSioil E;,a`iU w,w `C'�e a•.� rrr NOTARY PUBLIC AT Type of I.D. Produced- ; LARGE ■� ( ) DIDa e t k th DID NOT h •p■■°•O""t `V an oa , or ( ) to k a an oat "'`r�y x, UI CO 981208 3 Blanket Public Safety Ingress/Egress Easemenfff"All \\Comp149\Active Properties Development\_UNIVERSITY - MPR\Civil Engineer (Flynn)\Blanket Access Agreement with City of Tamarac-031805.doc IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: ' By Marion =-Swenson, OMC Pity Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANT By:, Joe hreiber Mayor ate: 11�u�0� y: L�— Jeffrey LAVilleP City Manager Date: ~l I ul DS Approved s to form: By: Q� dr"'Samuel 8f. Goren, D Interim City Attorney COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and i=th Co my aforesaid to take acknowledgments, personally appeared e'J ! to me known to be the person(s) described in and who executed the foregoinfi instrument and -tKe_� acknowledged before me and under oath that executed the same. J 64 WITNESS my hand and official seal this day of jQjW, 2005' . Personally known to me, or ( ) Produced identification —M - 4 w2eh� NOTARY PUBLI , State of Florida at Large . Marlon Seowis rs My Commission DD260279 VIV Expires October 24. 2007 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( �ID NOT take an oath 981208 4 Blanket Public safety Ingress/Egress Easement a AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Howard K. Patterson do hereby affirm that I am the authorized representative of University Hospital, Ltd., a Florida limited partnership and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for the two-story, 31,170 gross square feet medical office building project and that I am the owner of the property covered by said Blanket Public Safety Ingress/Egress Easement. There are no mortgages held on the property, which is the subject of said Blanket Public Safety Ingress/Egress Easement. STATE OF TENNESSEE : SS COUNTY OF DAVIDSON: FURTHER AFFIANT SAYETH NOT. UNIVERSITY HOSPITAL, LTD., a Florida limited partnership By: COLUMBIA HOSPITAL CORPORATION OF TAMARAC, a Florida corporation, its general partner Howard K. Patterson Vice President h This a�rday of t , 2005, 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 Howard K. Patterson _to me known to be the person(s) described in and who executed the foregoing instrument and As —acknowledged before me and under oath that )r\f— executed the same. WITNESS my hand and official seal this day of 2005. ..'"fammin— NOTARY� PUBLIC to • AT n •� +� 066 LAJrGE a 0 ( personally known to me, or ( ) Produced Identification NOT RY PUBLIC, State of Florida at Large fit.\ t R (Name of Notary Public: Print, Stamp, or type as Commissioned) ^,� C?issfoii Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 5 Blanket Public Safety Ingress/Egress Easement EXHIBIT A p p� R1E kRR7 E R;�r�RRJE �1 kR � rir■+ ww,• wj� rrr trrr .rr ]r R • � I�i�CRr�.C� 1 •r� �..� � -fir?;. ,� N+ ��'...:.�...:3L�S9"3[.��.,...�.:� r;� �,� -.^�}� .� CE� � •�.' iy`� X':�I, '� � a�� fliy�' �i t:�..- � "� i r Y - -„ w war i _ _ •' . — •�x 4} Sri: M___.''i"^.� }• C re R .d ,n"�•i r .7 ! .r � r 11 r r4 y�� 16 �r?w 'i�• b.11 yr �T ! � i � 5 "i�4. � �e-� •�-�1• n� Fr-, --�y __-�a".w`«�+.+�--=+f+� ... � _p�lg5• y-__ ....mm. Lf_ 41 ttaR' i