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Home My WebLink AboutCity of Tamarac Resolution R-96-233Temp. Reso. #7556 September 17, 1996 1 CITY OF TAMARAC RESOLUTION NO. R-96 , Z- 33 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A "TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT" WITH MARTHA JEAN EICHELBERG FOR THE RADIATION THERAPY CENTER PROJECT LOCATED ON THE EAST SIDE OF UNIVERSITY DRIVE BETWEEN NW 78TH STREET AND NW 82ND STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the Radiation Therapy Center Project located on the east side of University Drive between NW 78th Street and NW 82nd Street (attached hereto in map form as "Exhibit 1 ") was approved by City Commission on July 26, 1996; and WHEREAS, the development of the Radiation Therapy Center 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 Radiation Therapy Center Project; and WHEREAS, Martha Jean Eichelberg, as the owner of the property has offered the "Tamarac Utilities West Water and Sewer Utility Easement" for the Water Distribution System and Sewage Collection System; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the Radiation Therapy Center Project; and City Temp. Reso. #7556 September 17, 1996 2 WHEREAS, the y 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 Utilities West Water and Sewer Utility Easement" with Martha Jean Eichelberg for the Radiation Therapy Center 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 Utilities West Water and Sewer Utility Easement" with Martha Jean Eichelberg for the Radiation Therapy Center Project (attached hereto as "Exhibit 2") located on the east side on University Drive between NW 78th Street and NW 82nd Street 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 : 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. Temp. Reso. #7556 September 17, 1996 3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of , 1996. ATTEST: CAROL. A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KRA CITY ATTORNEY utilities/dav/aml 1 Y M�� &Lb4V4V NORMAN ABRAMOWITZ MAYOR RECORD OF COMMISSION VOTE MAYC DIST DIST DIST DIST TAMARAC UTILIJ_IEa WEST WATEE aN SEWER UTILITY EASEMENT FOR: Radiation TheKapy ( gnter NAME OF PROJECT On this 2-9 day of QC "�0 Lo�o, 199�Martha Je-an Eichelbercrhaving an address of JE71 SE 10th Street, Deerfield Beach, Florida441 , 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 "B" and incorporated by reference herein, (hereinafter "the easement area"). Grantee may use the easement area for the laying, installing, ismaintaining, operating and altering of water lines and appurtenant 962601 1 TUWWSUE L • 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. 962601 i) TUWWSUE 2 - 9 ( - 02 ,?.3 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 b the art to be charged therewith. g Y party g 0 962601 3 TUWWSUE C� • IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) Witness KLINE JONES Witness DEBRA A. VINCE STATE OF FLORIDA : : SS COUNTY OF 4&&Aej) Ml�THA JFA EICHELBERG, O R 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 who executed the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal this -IL day of�� 19�- NOTARY P BL I C, State of OFFICIAL t,40TARY SEA Florida at Large ROSE MARY "J CONNOR n NOTARY MJSSIC STATE O; FLORID, COMMSSSICr�,T'',1 � •'" -C4W90 n(� ub i±T.iR�k ?i199g (Signatur of Notary ub i'E)"~ Print 7,0' &E / 14QV C�� M�'i Commission No. Ce AI5 6496 ( )Personally known to me, or {Pr uced Identification (y'Type of I.D. Produced- Z/t� ( )DID take an oath, or { ✓ )DID NOT take an oath. 962601 4 TUWWSUE g_ I6- a 3 3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and ACCEPTED BY CITY OF TAMARAC delivered in the presence of: GRA EE ATTEST: By: 1'' S No man Abramowitz, By:J Mayor Robert S. Noe, Jr., O` Z 8-�� City Manager Date: ATTEST: By: Carol A. Evans, City Clerk STATE OF FLORIDA: : SS COUNTY OF Oie WAA.A By: &-1 n b-e Robert S. Noe, Jr., City Manager Date: /to - z9- 96 AP ved as to form: By : 1� Mit ell S. 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 10acknowledgments, personally appeared Nor✓vi..1 %arau�na �� ' ,qa ,[t't w �p14f+_ E Noe. (, � m Ito me known to be the person (s ) described in and o who executed the foregoing instrument and r acknowledged before me and under oath that executed the same. WITNESS my hand and official s al this Z9 day of ""Y Karen Jackson NOT RY PUB C, State of Florida Nay Pa61ic, state of Florida a Commuioq No. CC 539151 > at Large OFF-" My Commission Expires 05/14100' ks&� tom,. -NOTARY. »»rii 1(a-rev�c (Name of Notary Public: Print, ( Personally known to me, or Stamp, or Type as Commissioned) ( ) Produced identification Type of I.D. Produced (/�V DID take an oath, or ( ) DID NOT take an oath. 0 962601 5 TUWWSUE -5&- a 3.3 E-XN i F, ! i q ,s l5 ( FO8 '6b 1'd 'ZL •F,c - 011264ROH Q e .t .tee a �laa�ceccz &Skoe n�sa+g R231ssa+g a�as iv i I Z �oec�as .ter ,CZ i Q Q CL� 4 71 l7 i� 3Hvi X_A� CD 21 rr I I� • b ryr I a H !� cn t �( j c Ca w •V U �s C5w rr �� ..d Q U U �,YSr t r XXLU I I a I� Y a ct I I I Cn a LU y R Lj I �t t7v- SMNKLM MA iv 3q fit 3Nv1 I f € lilt, N ` f I I C In Van" ovw;w R, g �1 I� s: ! M Y d UFE %,_� j t i __ __ Y \ b.,M. .AP'PtIlk" a w xa 1Z3a0'7. . •w. a..A. x . ALV! -�AIP(1 1 IIC�-I�nQnin 4--16,- c;2 3 3 "EXHIBIT B" Note: Basis for bearings is the West line of Block 11, Lyons Commercial Subdivision No. 3 being North 00e12'16" West F,:n, point o� ��inntn9 P.o, c. Fnin4 o• Ce mmoncamen� F. E3 Pl d gcr�IC R- - ��9e gc.Z. Brow&6 Count I"2�coerls Ce n-her/in e C w 40f /9 I� � N 4- I N TN x I �ro I I7.$' 75 I � � g.ao°Iz'Ilri � Gi Iw �' - go .8%*QT 44' 115.0c" x �t za c r-I- — 16, Essemen}-�p 4-1.10, kLoo"12' Il.•w. Wash line Faack 11 —/ PO•C• IV . CARMEN VERDE & ASSO.CIATESAC. SURVEYORS 2300 W. SAMPLE ROAD, SUITE #306, POMPANO BEACH, FLORIDA 33073 (305) 978-5464 NOTE: This drawing is the property of CARMEN VERDE & ASSOCIATES. INC. and shall not be reproduced in whole or pert without written permission. REVISIONS AND UPDATES DATE DRAWN BY: JOB CARMEN F. VERDE / CHECKED 8): PROFESSIONAL LAND SURVEYOR # 3602 95 G✓. STATE OF FLORIDA o FIELD BaOK: 5 F40.IE.'r � � of Z A_ 9 G -.2 3-3 "EXHIBIT B" DESCRIPTION: UTILITY EASEMENT A PORTION OF LOTS 18 AND 19, BLOCK 11, LYONS COMMERCIAL SUBDIVISION NO. 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19,BLOCK 11, LYONS COMMERCIAL SUBDIVISION N0.3;THENCE NORTH 00012'16" WEST ALONG THE WEST LINE OF SAID BLOCK 11 A DISTANCE OF 47.10 FEET;THENCE NORTH 89047'44" EAST A DISTANCE OF 15.00 FEET TO A POINT ON THE EAST LINE OF A PLATTED 15.00 FOOT UTILITY EASEMENT,BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89047'44" EAST A DISTANCE OF 59.30 FEET;THENCE NORTH 00012'16" WEST A DISTANCE OF 24.60 FEET;THENCE SOUTH 89047'44" WEST A DISTANCE OF 25.00 FEET;THENCE SOUTH 00012'16" EAST A DISTANCE OF 9.60 FEET;THENCE SOUTH 89047'44" WEST A DISTANCE OF 34.30 FEET TO A POINT ON THE EAST LINE OF A PLATTED 15.00 FOOT UTILITY EASEMENT;THENCE SOUTH 00012'16" EAST ALONG SAID EAST LINE OF A 15.00 FOOT UTILITY EASEMENT 15.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF AS MEASURED AT RIGHT ANGLES TO THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, BLOCK 11, LYONS COMMERCIAL SUBDIVISION NO. 3;THENCE NORTH 00°12'16" WEST ALONG THE WEST LINE OF SAID BLOCK 11 A DISTANCE OF 132.20 FEET;THENCE NORTH 89047'44" .EAST A DISTANCE OF 15.00 FEET TO A POINT ON THE EAST LINE OF A PLATTED 15.00 FOOT UTILITY EASEMENT, BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°47'44" EAST A DISTANCE OF 39.00 FEET TO THE POINT OF TERMINUS. SAID LANDS LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. CERTIFICATION: I HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61 G17-7.002, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 LORIDA.ST TUTES. - y6P DATE CARMEN F. VER E PROFESSIONAL SURVEYOR AND MAPPER, #3602, STATE OF FLORIDA 0 SHEET 2 OF 2 ,e- �6-0233 EXHIBIT 1 • MISSION LAKES SOUTHGATE BLVD 85 . W W W ISOUTHGATE GARDENS W W W W DON I CHEVR❑N S❑UTHGATE APTS CARTER'S W W I I a 84 ST 84 ST A4 nT 84 ST W W I J 2 W w W W TARGET N $ ] 83 ST 83 ST W W W W I Z mu z W w AMOCO H N. OLo w BANK W TR51 ��jjjj W N.AMER. I � � y CASSIA y y 82 ST I CT ( y , T1153 w WO❑DM❑NT y SH❑PPES ,- I3 Wa Q I r-j as z a SD c * an w w A. > W h R /� rya (`i G �z D L�J y y w C✓/ W y y I „IO TR54 !j/. / > • W y w l/!//�//�/ I W Lj 111 W n CIR ;•, w I J F 79 sT ,^pa TR55 �/ 7. I cba w w / ¢• TR56 >.co Q 43D78 CT: r- M • AVAL❑N $T THE p / : ESTATES awwa CIR / 78 PL F 76 ST z / > I HY v > a • a �HE CENTRE 4/�2 / jjj °L°T W❑ODM❑NT I I n � f �i TAMARAC I 1 ELEM I I SCHOOL �TAMARAC jj! j. S.13E LL TR75 !j/%PARK TOWN jI x PLAZA ST I y rl a ul 82 CT n SUNFL❑WE w r a 81 CT ¢ > cu a n CD81 ST 81 ST 80 PL CT�i%%:/!,�/ r�CT LOCATION 1t11� �11� a HE TWGA E 79 ST 7$ CT LAN S . W � � W W M Q ~ r ^ cu o n r- n 78 ST 78 ST P R D a w �%/:76 PL WEST loo qr jla nL7k rG 76 DR76 CT 76 DR�CT W F& D w V- -- RADIATION THERAPY CENTER WATER AND SEWER UTILITY EASEMENT mmommo ■I 1 RTCWSUE.DWG