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Home My WebLink AboutCity of Tamarac Resolution R-88-009Temp. Reso. #4895 1 2 3 4 5 11 8 I 9 10 11 12 13 HER 15 fsi 17 20 21 22 23 24 25 26 27 28 29 tL I 32 33 34 k6.2 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88- c/ A RESOLUTION APPROVING AND ACCEPTING A COVENANT RUNNING WITH THE LAND OFFERED BY HEALTH CARE & RETIREMENT CORPORATION OF AMERICA FOR THE DUMPSTER ENCLOSURE AND AN EMERGENCY GENERATOR PAD WHICH HAVE BEEN ERECTED UPON A UTILITY EASEMENT AT TAMARAC NURSING CENTER; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Covenant Running with the land offered by Health Care & Retirement Corporation of America for the dumpster enclosure and an emergency generator pad which have been erected upon a utility easement at Tamarac Nursing Center is HEREBY APPROVED AND ACCEPTED, a copy of said Covenant being attached hereto as "Exhibit 1". SECTION 2: That the appropriate City officials are hereby authorized to execute said Covenant on behalf of the City. SECTION 3: That the City Clerk is hereby authorized and directed to record said Covenant in the public records of Broward County, Florida. SECTION 4: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this/J day of'. 1988. ATTEST:' ARM, E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD DOODY CITY ATTORNEY BERNARD HAFT MAYOR MAYOR: HART DIST. 1: C/M ROHR DIST. 2: C/M STELZER DIST, 3: C/M HOFFMAN DIST. 4: V/M STEIN i 11 e Z4 *IV LD k, W SLIIt COVENANT RUNNING WITH THE LAND i THIS COVENANT made this /3 day of , 1988 by and between HEALTH CARE & RETIREMENT CORPORAITON OF AMERICA# an Ohio corporation (hereinafter referred to as "Developer".), and CITY OF TAMARAC,, FLORIDA (hereinafter referred to as "Tamarac,"), W I T N E 9 S E T Hi WHEREAS, Developer is the owner of a parcel of land in the City of Tamarac , County of Broward and State of Florda described in Exhibit (A) attached hereto and hereby incorporated herein by Yeferencef and WHEREAS, Developer is building a nursing home on said property and in the course of said construction has erected a dumpster enclosure which may encroach upon a Utility Easement recorded in O.R. Book LjU.5, Page ate, and an emergency generator pad which may encroach upon a utility easement recorded at O.R. Book 13344.255 , Page aQ - 45; and WHEREAS, said dumpster pad and enclosures and emergency generator pad are described on the "as built" planet for Tamarac uutsing Center prepared by Craven -Thompson Associates, Inc. and dated January 21, 1987, a copy of which is on file with Tamarac . WHEREAS, Tamarac requires that Developer hold Tamarac. harmless against any expense of removal of said dumpster enclosure and emergency generator pad. r I NOW, THEREFORE, in consideration of the premises and the mutual covenants herein oontained, the parties hereto hereby agree as follows: 1. Developer shall remove said encroachments or either of them at such time as Developer shall be required to do so by Tamarac or any lawful titleholder to said easements. Z, Developer shall hold Tamarac harmless from and indemnify Tamarac against all claims, liability and expense arising from the aforesaid encroachments, including the expense of removing And relocating same. 3. Developer shall place a plaque on the southeastern wall of the aforesaid dumpster enclosure and shall state as follows: "This structure may be ordered removed by the City of Tamarac. at no cost to the City should its removal become necessary to repair any utility line. The cost of removal shall be borne by Health Care & Retirement Corporation of America, its successors and assigns." 4. This Agreement contains the entire Agreement between the parties relating the subject matter hereof.. No amendment shall be binding unless reduced to writing and executed by both parties hereto. S. This Agreement shall run with the land and bind Developer, its agents, heirs, successors and &&signs and subsequent owners of the aforesaid described real estate. -2- CI II �So. 5,g- 9 " IN WYTNESS,WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above, d 2L�1�� ulty cleric 7,#72, E. 6,tResuro war H94TH CARE i RETIREMENT CORPORATION OF AMERICA One Woute Toledo, Ohio 43666 By P' au ie an, V/Ga �easivemT Duly Authorized Officer Corporate Secretary Easwoiq-W 14, irngKi veR Ilt CITY OF TAMARAC , rLORIDA 5811 N.W. 88th Avenue Tamara Florida 3332 Byes-� uuiy Autnortzea orllcer ae'VIV fRD H/VZ ' MAYOR I HEREBY CERTIFY that I have approved the form and correctness of this document. t!'lEylittorney 774,7oaD y C� STATE OF'OHIO COUNTY OF UC S r as t BE IT REMEMBERED, that on this day of 1D4FCeN5 --C r 198.Z, before me,.the subscriber, a Notary Public in and for said county, personally came the above named Health Care a Retirement CotCorporation of America, by ��AOL J, 5iCWAJ D��StGN p ,_ cc:��rc�_, its Authorized Agent, and who acknowledged the signing of the same to be his voluntary act and deed for the uses and purposes therein set forth. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. otary blic • MY Co I SSldT.1�C+�iS'. /'3� STATE OF FLORIDA COUNTY OF BROWARD BE IT REMEMBERED, that on this day o , 198 Q, before fAa, the subscriber, a Notary Publ c In and for said Count , personally came the above named City of Tamarac , Florida, by , its Authorized Agent, and who acknowledged the signing of the same to be his voluntary act and deed for the uses and purposes therein set forth. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. E NOTARY PUBLIC STATE OF FLORIDA Notary u O NY CON41SSION EXP SEPT 17.1990 iONDED THRU 6ENERAL IRS. UND. DESCRIPTION: exlwsi r A RF_ so -- A PORTION OF TRACTS 10 AND 15, OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 9, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 01°26'27" WEST, ALONG THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 40 459.03 FEET; THENCE SOUTH 89°35124" WEST, ALONG THE NORTH RIGHT OF WAY LINE OF N.W. 57th STREET, A DISTANCE OF 1350.01 FEET; THENCE NORTH 01°26'27" WEST, ALONG THE WEST RIGHT OF WAY LINE OF N.W. 79th AVE., A DISTANCE OF 585.66 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 01°26'27" WEST, ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 386.55 FEET; THENCE SOUTH 69*35135" WEST, A DISTANCE OF 569.98 FEET; THENCE SOUTH 01*26108" EAST, A DISTANCE OF 386.58 FEET;' THENCE NORTH 89035'24" EAST, A DISTANCE OF 570.01 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING 5.057 ACRES MORE OR LESS. 11 0 CERTIFICATE: I HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 21HH-6.06(1), MINIMUM TECHNICAL STANDARDS FOR LAND -SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF LAND SURVEYORS, IN SEPTEMBER 1981, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE /Q DENNIS M. BEALE - REGISTERED LAND SURVEYOR NO—` 3606— STATE OF FLORIDA EAI41 B rr SITE h p 2 J , 7 T CW-WArER YILLAC.E i C A-NAL TAµal3AG r 5; EAK to 3 C a z µ rWAY PLAZA TA M/+.7iA n POST pFF IGE � Y 7 N. W. 577th 5T Com"EACIAL L-o r tC" N •T, S A _HEET 1 OF 2 SHEETS i ASSOCIAI-ES INC., ARCHITECTS - ENGINEERS PLANNERS - SURVEYORS 5901 N.W. 31 AVENUE . FORT LAUDEFiDAIFLOFUDA 33309 (305) 971-7770 OFFICES: FORT LAUDERDALE, WEiT PALM $EACH FOR = Af C SCALE: DATED: NOT E THIS as MT A SKETCH Or SwkvET,wl •sir a erasMc eotr.tt•es of we ocampin 114oNs heroos Tholl het Nos so rwre A►h . 0000149 It tho 00000 MNR1 • OF +osvoop" MT .s ewmectNs wei tM ►rh►e►erlos or rho rslMoet.00 ohws horeos , E. G irYdr, a'gg�G- 7 BEARINGS SHOWN HEREON ARE BASED ON THE STONER/KEITH vESURVEY OF TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN MISCELLANEOUS PLAT BOOK 3, PG. 44 (B.C.R.) A/ 1 %9 ca' .o'E SBS.'G!v • . 386.SS" NO/° 26'27" ' Q• C'A�•4L __/00, '%qy__ -... _- 96G7 A'4. S47• sio' h h SHEET 2 OF 2 SHEETS A UPDATES and/or REVISIONS DATE BY CK'D NOTE The undersigned and CRAVEN •THObPSON di ASSOCIATES, INC. make no rePre+emctiora or quarontees as to the Itforrrcgion nilected heron psrt*ng to easements, rights- of -way, set back rues, reservations, ogreernwh and other timlar matters, and further, this instrument Is not Mended to rifled or set forth oll such matters. Such imormation shmid be obtained and oonfrmed by others through appropriate titis vsrtification. NOTE Lands shorn hw-om arrenot obstracted far rWd-of-Tray or,d/or eosemenri of record. JO9_ . H0. 84-0117 nAWN BY 7-7-55. CI CKEd BY F.B. FILE NO. . _ .._