No preview available
HomeMy WebLinkAboutRecorded Deed and Ingress/Egress Drainage & Cross Parking AgreementCOHMUN'rrY DEVELOPMENT W. CRAIG EAKIN, P.A. Drpp �RTKNT Q �y e ATToRNEY AT LAW 0! -$ Au I'+ d ?01 ItM ND0-A0WJILL57ARD 1 AUGU f7 FORT LAFJU6DDERDD►A1iLEE,, FLORIDA 33306 TELEPHOy,� FACSIMIL ' F August 6, 2001 iY t", _ -c Ms. Tammy Reed -Holguin City of Tamarac Community Development Department 7525 NW 88`h Ave Tamarac, FL 33321 Re: Agreement Between Broward County and City of Tamarac For Conveyance of Real Property For Public Library Dear Tammy: Enclosed please find for the City of Tamarac's records the following documents: 1. Original, recorded Ingress, Egress, Drainage and Cross Parking Agreement dated March 14, 2001 between Broward County and the City of Tamarac. This is the Agreement between Broward County and the City of Tamarac which allows for the sharing of the ingress, egress, drainage and parking between the City's Community Center property and the adjacent property we conveyed to the County for their construction of a new library facility. 2. A copy of the recorded Deed dated March 14, 2001, between the City of Tamarac and Broward County. This is the Deed whereby the City of Tamarac conveyed the library property to Broward County. Please retain these documents in the appropriate files at the City of Tamarac for future reference. At this time I have nothing further to offer; however, should you have any questions or concerns pleased frg.,-,M conta�at the office. 1T/ W. Craig Eakin WCE:tnt enclosures 1111111111111111111111111 ' INSTR * IOUS9076 OR BK 31817 PG 131S RECORDED 07/09/2001 10:11 AM COMISSIDN BROWARD COUNTY DEPM CLERK 2015 Co"U t 0r W, c a This Document prepared by: rat rAr;tedr -,W,, this W. Craig Eakin, Esquire at rQan�t�r and/pr 1 iv 1 o '`erg is 2900 E. Oakland Park Blvd. a di11g for tm at ttr, a Fort Lauderdale, FL 33306 g Pvrpas9, INGRESS, EGRESS, DRAINAGE AND CROSS PARKING AGREEMENT THIS AGREEMENT, is made and entered into this A day of MA-,e ,# , P 2001, by and between BROWARD COUNTY, a political subdivision of the State of Florida, and i the CITY OF TA MARAC, a Florida municipal corporation. WITNESSETH: WHEREAS, BROWARD COUNTY is the fee simple owner of the real property legally described on Exhibit "A" attached hereto and incorporated herein, said real property to be 9J referred to hereinafter as Parcel "A", and M C a WHEREAS, the CITY OF TAMARAC is the fee simple owner of the real property 50 legally described on Exhibit "B" attached hereto and incorporated herein, said real property to be referred to hereinafter as Parcel "B", and 01 7 WHEREAS, Parcel "A" and Parcel "B" are adjoining parcels, and WHEREAS, BROWARD COUNTY intends to construct on Parcel "B" certain improvements, including but not limited to, off-street vehicular parking and roadways for ingress and egress, and WHEREAS, certain improvements consisting of off-street vehicular parking, drainage facilities, and roadways for ingress and egress exist on Parcel `B", and WHEREAS, the parties to this Agreement desire that the off-street vehicular parking and roadways for ingress and egress on both Parcels "A" and "B" shall serve both Parcels "A" and "B", and WHEREAS, the parties to this Agreement desire that the existing drainage facilities located on Parcel "B" shall serve both Parcels "A" and "B", and WHEREAS, the parties to this Agreement further desire to provide for mutual rights of Page 1 of 4 .1 ingress and egress for vehicular and pedestrian traffic and vehicular parking on each others Parcel for the benefit of each owner, its tenants, subtenants, invitees, customers, licensees, agents, employees, and mortgagees, and WHEREAS, the parties to this Agreement further desire to provide for the right of the owner of Parcel "A" to drain stormwater from Parcel "A" into the existing drainage facilities located on Parcel "B". NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree and grant to each other the following rights: 1. Ingress and Egress Easements: Each party does hereby grant to the other an easement of ingress and egress for vehicular and pedestrian traffic on each others Parcel in those areas constructed (or to be constructed) as roadways. Each party shall be responsible for maintenance and repair of the roadways located on their respective Parcel and shall not take any action or cause any obstruction or other disruption of the rights of ingress and egress granted herein. 2. Cross Parking Easements: Each party does hereby grant to the other an easement for vehicular parking on each others Parcel in those areas constructed (or to be constructed) as parking spaces. Each party shall be responsible for maintenance and repair of the parking spaces located on their respective Parcel and shall not take any action or cause any obstruction or other disruption of the rights of vehicular parking granted herein. 3. Drainage Easement: The CITY OF TAMARAC does hereby grant to BROWARD COUNTY a drainage easement on Parcel "B" for the purpose of draining stormwater from Parcel "A" to the existing drainage facility (lake) on Parcel "B", said existing drainage facility (lake) being designated on the attached Exhibit "C" with the words "Existing Lake". 4. Duration: The easements and rights granted herein shall be perpetual and shall run for the benefit of Parcel "A" and Parcel "B", respectively, unless earlier terminated by an Agreement, in writing, executed by the holders'of title to Parcels "A" and "B"; provided, however, the easements and rights granted herein shall be non -cancelable, reciprocal easements for a minimum term of twenty (20) years duration and shall be binding upon all successors and assigns of the parties to this Agreement. Page 2 of 4 N w w+ Ch I OR BK 31817 PG 1317 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the date and year above first written. BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and t ugh its Chair or Vice Chair, authorized to execute same by Board action on the 1 2"'day ofz_ 52001. ATTEST: 6n BROWARD COUNTY, by and through its Board of County Commissioners 't Mlss/ rd County Admin' at O�c�`� it ricio Clerk of the Bro d� 1ST i LO of County CommissioePe-, 1915 Insurance requirements Approved by Broward County Risk Management Division By/-) kb 'n VARD ed as to form by Lf A. DION, County Attorney For Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By nV11% (C.4,c: r County Attorney t71-ISTIP-i't Page 3 of 4 OR 8K 31817 PG 1318 IN WITNESS WHEREOF, the parties hereto have made and executed this -Agreement the date and year above first written. The CITY OF TAMARAC, signing by and through its Mayor and City Manager duly authorized to execute same. CITY OF TAMARAC, a Florida municipal corporatio A ST : B' Y: Prin e: Z� Title: Mayor rion Swenso , CMC 7525 NW 88`h Avenue City C1 k Tamarac, FL 33321-2401 Approved s F cx By: ¢�,,,/.,Print Name: TB ' : Title: City Manager itchell . Kraft, Esqui e 7525 NW 88`h Avenue itle: City Attorney Tamarac, FL 33321-2401 525 NW 88``' Avenue Tamarac, FL 33321-2401 Page 4 of 4 ( CArlIU11: It LLCM DE:SC1iI1''IIDN� A FORMON OF LOTS T i,. I Z,- T3 AND 1:4,.1XQCK 8; L.YONS• CO +MMFR.CiAL .son ?LVLSION. ACCDRD1NCc"1C) "13itspi..ATTfLELZEOFREC[7RDED i1`rPr-A.T1300K6},.PAGE4ZOFIFfFPT7l3t.tL RECORDS OF13ROWARD C074- Y;.FCORMA. MO 'L PA?-=ULARLYDESCRMF.17AS FOLLOWS_ COMMENCE' AT I'm* SOU'1xit;Asr CoRNEa OF LOT 2 of s-Aro Bnocx 8: '11I13NCE ON AN ASSUM1sL'} sEAs Nc OF N.0.1"00'36 "E., ALONCr- THZ F.A.Trr NF OP SAID LOT Z A DISTA.'YCE t)F 7.q0 FEET; 'I'C?'A. POTNTQI►I. AT ll�iE SEVrN. (T)1L:i:'T,NUR'Ii1 OFAND PAFALLL'•'L WIMI.'111B30UTULINUOFSAIDBLOCKS; TliE:NCF-N.83.'S9"24"W,ALONCi,SAM ixARALLI=LLINE A.DT..TrAMCFOF925.99-FF.E"r•I:O A POW 7-6.01'L•i' 1: WUSr OLD TLLL• EAST La4Z OESAID LOT LL SA.1,1.7 POLNi ALSO BE.24a THE PtOWT OF BEGINNING,. T?MNCL CONTINUE N$8659.Z4. W.-ALONG SAM PAZAL,r FT_ LINE; k. D1'SrANCE OF 4Z34 FlUi"1 TO A. POIN'L' 31.7 L=- C-AZr OF'1Ti7- wESi` C7NF OF SA M. roT TNF,NCF. N:$S"33'Z3"W.� il.I]ISI'ANC:F OF Z0036 FFFi'Tp A. POINTON A. Y:INF. 14.0A F`r.'F.T NORTI-LOF AND PARALL1-'L, W=SA D1 SOU-LULLNLs Oi I3LOCKS.SALR7 PO1N1' L1 LNG 31.7 EEBTILA OrTim. W=LINEOFnor 13 THENCE N88"-59" "W.,ALONG, SAM PARAI:L.F.7. rIN7 A.DT.SrANC:EOr. W-1.37FEETTO A .. PC7Jlti'L" OF TFiF wF.sr iiNF CIF SAID. LOT 1.4;. .i'T�E1�iCF_N.QO°gl'24"W.,,,d:.DISTANCEUt ZH.1.051�L•'i:'1"i:0 THE N(71ZTFi�TFSTC'C)RNF,R QF%OT I4 OF SAM BLOCK T;,. THENCE S33059'WL., AL.ONGTFfF NORTIT LINE OF SALD BLOCK 3; A U15'I'ANCL: 01° 353.78 I: EkZr ' THENC U S.01,100'36-wT_ A DISTAXCE OF 293.001rLL•'"L' "1'O TFF POMT• OF BEGIti-3.<NC. SAID LANDS S""UATF. WrrHTM= CITY Ulu "IAM.ARAC , nROWARD COUNTY, FLORMA Ct31'FTAi4NING Z.53 ACRES. (I.10,243 SQUARE FEET) MOF-C OR. LL•"SS. Exhibit B LEGAI. DESCRIPTION: A PORTION OF LOTS 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11, BLOCK 8, LYONS COMMERCIAL SUBDIVISION, AC.CORDING.TO THE PLAT THEREOF RE, CORDED IN PLAT BOOK 69, PAGE 42 OF THE PUBLIC RECORDS OF BROWARU COUNTY, FLORIDA. MORE PARTICULARLY DE, SCRIBED AS FOLL.OWS: COMMENCE AT THE SOLITHFAST CORNER Or SAiU LOT 2; THENCE ON AN ASSUMED BEARING OF NORTII 01°00'36" PAST ALONG = EAST LrNE OF SAID LOT 2 A DISTANCE OF SEVEN (7) Fhl. f TO A POINT ON A TINE SEVEN (7) FEET NOR174 OF AND PARALLEL WITH TIIE SOUTH LINE OF SALU RI.00:K 8. SAM POINT ALSO BrINCG 'LIM POINT OF BEGINNING; THE;NCF NORTH 85°59'24"" WL$"I' ALONG SAID PARALLEL LINE A DiSTANCE OF 926.00 FELT TO A POINT 26.0 FEET WEST OF "THE FAST LINE OF SAID LOT 11; THENCE NORTH 01 000'36" EAST A INSTANCE OF 293.00 FEET TO A POINT ON THE, NORTH LINE OF SAM BLOCK 8; THENCE NORTII 88°59'24" WEST ALONG SAID NORTH LINE OF 13LOCK 8, A DISTANCI= OF 926.00 FEET; THENCE SOj3TIi01°UO'36" WESTALONG SAID EAS'1 I. , A DISTANNCF. OF 293.00 FEET TO =-. POINT OF BEGINNING. SAID LANDF SI'TUArh wTR7TN THE CTI'Y OF TAN ARAC, BROWARD COTINTY, FL.ORIDA CONTAINING 6.23 ACRES (271,316 SQUARE FEET), MOKE OR LESS. Cl N r�rr r � f 4 wN � G n n s _ �r... msr UNC Of • .__z. is EXHIBIT "C,r _ r�arrrc..r. it !: N.W. dBThf:AYSU�it'-- r��_ rriS'C ttt�t cr rAT », arccx?�� �? I n 8f+ 'r 1 .. :E � , I I +"11 7 T .yi M Z%sr f nC f• ATTACHMENT 112" This Document prepared by: Record and Return to: W. Craig Eakin, Esquire 2900 E. Oakland Park Blvd. Fort Lauderdale, FL 33306 Parcel ID # t q 10q — 04— O afDL-�> Grantee's Tax ID # DEED imm # 10115907S 0R BK 31817 PG 1312 RECORDED 07/09/2001 10:11 AM COMMISSION BROWARD COUNTY DEPUTY CLERK 201; R07Z: '><iher pari o, a"1 of this �1°run4ent submitted for recording is n.ot clear andlor legibie at time v` recording for imaging purpos9s This Deed, Made this / �(- day of z2la"a 2001, A.D., Between CITY OF TAMARAC, a Florida municipal corporation, whose mailing address is 7525 NW 88'b Avenue, Tamarac, Florida 33321, grantor, and BROWARD COUNTY, a political subdivision of the State of Florida, whose mailing address is Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida 33301, grantee. That GRANTOR, for and in consideration of the sum of TEN AND No/100 ($10.00) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs and assigns forever, the following described land, situate, lying and being in the County of Broward, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. Subject to: (a) Building and zoning laws, ordinances, state and federal regulations, (b) Restrictions relating to the use of the property recorded in the Official Records, (c) Reservation. of any mineral rights in the State of Florida or any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the property, including submerged, filled and artificially exposed lands, and lands accreted to such lands, (d) Utility and drainage easements which do not interfere with the proposed use of the real property, Together with all the tenements, hereditaments and appurtenances belonging or in any way appertaining to the real property described in Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to Broward County, its successors and assigns, title to the real property described in Exhibit "A" attached hereto to make or cause to be made or constructed thereon a library facility for the use of the general public and to be a part of the Broward County Library System, and to provide to the general public the following goods and services, which shall include, but not be limited to, providing library staff, library books, library materials, library equipment, and library services; and is made, executed and delivered with the Page 1 of 2 y OR BK 31817 PG 1313 express understanding and condition that should the real property described in Exhibit "A" attached hereto ever be discontinued or abandoned for such purpose or use or should the real property described in Exhibit "A" attached hereto ever be used principally for other than library purposes, Grantor shall have the right to give written notice to Grantee(by hand delivery or U.S. Mail, postage prepaid, return receipt requested, to Broward County, Director of Libraries Division, 100 South Andrews Avenue, Fort Lauderdale, FL 33301), demanding discontinuation of the improper use on the property and/or demanding the restored use of the property principally for library purposes and if Grantee does not discontinue the improper use or restore the use of the property principally for library purposes within ninety (90) calendar days from the date Grantee receives said written notice, the title to the real property described in Exhibit "A" attached hereto shall thereupon revert to and revest in Grantor, its successors and assigns. To Have and to Hold the same in fee simple forever. And Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple and that Grantor has good right and lawful authority to sell and convey the Property. In Witness Whereof, Grantor has hereunto set its hands and seal the day and year fast above written. Signed, sealed and delivered in our presence: name: ..j uNc-- L . 1---E.` Printed name:6/-�',v' Witness Pri d Name: 1 Printed Name: ")Ic'c i 11 ApproNied tis o F By/ 1�fitchell S. Kraft, Esquire Title: City Attorney 7525 NW 88d Avenue Tamarac, FL 33321-2401 CITY OF TAMARAC, a Florida municipal corporation. By: �- Pri� ame: Title: Mayor 7525 NW 88`h Avenue Tamarac, FL 33321-2401 By: Print N F",/ rL-1-6 ,- Title: City Manager 7525 NW 88`h Avenue Tamarac, FL 33321-2401 Page 2 of 2 ( CArI101 is Pt GIiGAI. I7 �t'1tIFTIUN_ A pOitTION OF LOTS T 1, 17, T3 AND L4g.I3LOCK 8, LYUNS CDMMFRCrAL b`iJLiI?LVISION, ACCORDING 'rO ULU PLAT M ERE0F RECORDED WTr-AT HOOK 6q,. JrAGE 4Z OF TRp PT 1131.t L RECORDS OFBROWARD COTJNiM,.FT.ORITMA- MO,ELU.FA&==LARLYDFSC_RI]3Fn s FOLLOWS: COMMENCE' AT'TI. B SOU1'r r tta r C:OELNER OF LOT 2'OF SAD Br.oCX S: TIMNCE ON AN ASSUMLi$7 SI ADZ C OF N.()-V0036"E., ALONGTRE F.&37rll�M Olr.SAID L.UT Z A DISTANCE OF 7.00 FFIrT, TO A POTNT O*�F. A- UNE SF_VEN. (T) L I:LrrNORTFi OF -AND PAIL4LLLL WITII.'1 IL SOUTIL LINL? OF SAID BLOCK S; TRZ'NCE N.83."59'Z4"W., ALONG SAID 1IARALLEL LINE A DTSTANCF AF 9Z5.99-FF,E'l "1'O A POINT Z6.0 LrL•.cr wu-Tr. Or'II Ll~ J:ASL L' INL Olr 5AM LOT IL SAiD POLNT ALSO BEINCx. THE POrN7 OF BFGTNNIi4:4- THENCE CONTINUE X3Za59M4"W.,.ALL'NCs SAm PAXAZr LINF, I ISrAIvCE OF 47-3 4- '- l�i::I: L"L'O.A POIN'1" 3I.71•'%iiT aASr OFTRE WEST LINF OF SAm. rOT THFNCF. N.8S'33'Z3"W;, & DISTANCE OF'Z00.36 FEFi"TO A.POTNTON A. rINF. 19.00 FF.F.T NORTH OF AND PARALLLL W=SALD'SOU"IULLNB 0EI3LOCIC9. SAID 20INI' 13EING 31.7 I±EITEAST OFTE - W=LINB0FrO713:- THENCZN.88059'24'W.,ALONG SAID P'ARAT.1.FT. T:IN-F A.0T.STANCI=OF L4:137FE27TO A .. POLL�L' OF THE GVF.S'i• I.INF OF SAID. LOT I:4;. iFiENCF N dO°01'z.�"w A DISTANCE UL' ZH1.051� Li* L"i O THE NOIZT WF-'M C ORNF.R OFLOT I4OF SAM BLOCKS;. .THENCE S 83"5'1'Z4"E:, ALONG-T.FFF. NORTFrLINE OF SAID BLOCK S, A ll15'1'ALNCI: OI; 383.73 ' THFNC E S.O I" 00'36"W.,. A. DISTANCE OF Z93.00 FEIli L"PO TFi F_ PCNNT OF BEGINNING. SAID LANDS SlTiJATF. WTI FIIIr= CITY O "I-AMARAC: 13RONVARD COUNTY, L-LORIJJA *C()N7Ar,4 NG ZS3' ACRLS. (I.10,243 SQVARE FEET) MORE. UR LL'SS.