HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-082Temp. Reso. No. 12817
August 4, 2016
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016 -
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE ACCEPTANCE AND RECORDATION OF A
PERPETUAL EASEMENT AND MAINTENANCE
AGREEMENT, ATTACHED HERETO AS EXHIBIT
"1", FROM THE FLORIDA CONFERENCE
ASSOCIATION OF SEVENTH DAY ADVENTISTS
FOR THE PURPOSE OF INSTALLING AND
MAINTAINING A SHARED USE PATH FOR
PEDESTRIAN AND BICYCLE ACTIVITY ON A 12
FOOT STRIP OF LAND LYING WITHIN A PORTION
OF TRACT 13, FORT LAUDERDALE TRUCK
FARMS SUBDIVISION OF SECTION 3, TOWNSHIP
49 SOUTH, RANGE 41 EAST, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 4,
PAGE 31, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND INCORPORATED
HEREIN; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to encourage and promote a
walkable community through pedestrian and bicycle mobility; and
WHEREAS, the City's adopted Capital Improvement Program projects
proposed funding for a significant bikeway network through a series of existing
and proposed bike and shared use paths; and
WHEREAS, the Florida Department of Transportation (FDOT) is planning
on building a bike path on the east side of University Drive in accordance with
their University Drive Corridor Study; and
WHEREAS, this FDOT bikeway will connect the northern point of the City's
planned bikeway Phase IV at NW 72"d Street with both the University Drive
Overpass and the City's future bikeway Phase V at NW 76th Street; and
Temp. Reso. No. 12817
August 4, 2016
Page 2
WHEREAS, Phase V of the City of Tamarac Bikeway — Walkway system
proposes a shared use multi -modal pathway on NW 76th Street connecting
University Drive to NW 70th Avenue, the City's bikeway Phase II; and
WHEREAS, the proposed shared use path on University Drive traverses
private property owned by The Florida Conference Association of Seventh Day
Adventists; and
WHEREAS, Florida Conference Association of Seventh Day Adventists
has proposed to donate a Perpetual Easement ("Easement") attached hereto as
Exhibit 1", incorporated herein and made a specific part hereof, containing
approximately 3,941 square feet, over their property described as the Church
Property, hereinafter "the Property", according to the Plat thereof, as recorded in
Plat Book 4, Page 31, of the Public Records of Broward County, Florida being
more particularly described in Exhibit "A" attached hereto and incorporated herein;
and
WHEREAS, the Community Development Director and the Public Services
Director have determined that the proposed easement will highlight, encourage
and promote a walkable community through pedestrian and bike mobility in a
manner consistent with the City's Comprehensive Plan and recommend
acceptance of the Perpetual Easement and Maintenance Agreement; 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 the Perpetual Easement from Florida Conference Association of Seventh
Day Adventists for the installation and maintenance of a shared use path; a copy
Temp. Reso. No. 12817
August 4, 2016
Page 3
of said Easement is included herein as Exhibit 1" (attached hereto, incorporated
herein, and made a specific part thereof).
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 upon adoption hereof; all exhibits referenced and attached hereto are
incorporated herein and made a specific part of this resolution.
SECTION 2: It is hereby found and determined that the acceptance of the
Easement Agreement is in the best interest of the City of Tamarac and the
residents and businesses located within the described area.
SECTION 3: The appropriate City officials are hereby authorized to
execute a Perpetual Easement and Maintenance Agreement with Florida
Association of Seventh Day Adventists, a copy of said Agreement is attached
hereto as Exhibit 1 ".
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
Temp. Reso. No. 12817
August 4, 2016
Page 4
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 o2 day of 2016.
- &14/
HAR Y DR SSLER,
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
n.11 ► M
SAMU LE S. GOREN
CITY ATTORNEY
This instrument prepared by:
David N. Tolces, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
PERPETUAL EASEMENT AND MAINTENANCE AGREEMENT
)Ioe
THIS EASEMENT AND MAINTENANCE AGREEMENT made this -#day of
2016, by and between Florida Conference Association of Seventh -day Adventists, a
Florida not -for -profit corporation, ("GRANTOR") whose address is 351 S. State Road 434,
Altamonte Springs, FL 32714, and the City of Tamarac ("CITY"), a Florida municipal
corporation, its agents, servants, employees, or contractors, whose address is 7525 NW 881'
Avenue, Tamarac, FL 33321.
WITNESSETH:
WHEREAS, the GRANTOR is the owner of certain parcels of real property located
within the City of Tamarac, (hereinafter referred to as the "Property"), more particularly
described as follows:
See Legal Description Attached Hereto as Exhibit "A"
WHEREAS, the GRANTOR will grant a Perpetual Easement to the CITY in order to
permit CITY to install and maintain improvements associated with the City's shared use path
program to provide for pedestrian and bicycle traffic within the parcel described in Exhibit "A";
and
WHEREAS, the City Commission has authorized the expenditure of funds for the CITY
to install the improvements upon GRANTOR's property; and,
WHEREAS, once installed, the improvements will be maintained by CITY, and, if
necessary, further replaced by the CITY; and,
WHEREAS, the GRANTOR will agree not to construct anything of a permanent nature
over, under and within the Easement; and,
WHEREAS, the parties hereto have concluded that the most efficient manner in which to
achieve the purposes and goals set forth above would be through the granting of this Easement to
the CITY, together with the right of entry into the Property for the construction and maintenance
of the improvements, and execution of this Perpetual Easement and Maintenance Agreement;
{00127505.2 2704-05016401
Page 1 of 4
NOW, THEREFORE, in consideration of the mutual promises contained herein and
Ten and no/100 ($10.00) Dollars and other good and valuable considerations, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1. The aforesaid recitals are true and correct and are incorporated herein.
2. The GRANTOR hereby grants and conveys to the CITY a permanent, perpetual
Easement for the installation and maintenance of improvements associated with the City's shared
path project to provide for pedestrian and bicycle traffic within the portion of the Property
legally described and as depicted on Exhibit "A" which is attached hereto and incorporated
herein by reference. For purposes of this Agreement, the term maintain may include, at the
option of the CITY, the actual installation, maintenance, repair, replacement, and/or removal, of
such parts and/or portions of said improvements as are deemed to be necessary by the CITY, and
in order to serve and promote the general safety, health and welfare of the citizenry of the CITY.
3. This Easement is a permanent perpetual easement and shall not be changed,
altered or amended except by an instrument in writing executed by GRANTORS and CITY or
their respective successors and assigns.
4. In the event the CITY does not construct the improvements within the Easement
by December 31, 2021, this Easement shall terminate on its own accord, without any further
action by the CITY or GRANTOR. After the completion of the construction of the
improvements, in the event the CITY abandons the use of the Easement as a public shared path
for a period of twelve (12) months, or more, the Easement shall revert to the GRANTOR, its
successors or assigns.
5. GRANTOR further agrees to sign any applications and documents for any permits
which the CITY may be required to submit to any local, state, or federal agency in association
with the installation and maintenance of the improvements. CITY agrees to pay any and all fees
associated with obtaining any permits from any local, state, or federal agency for the installation
of the improvements.
6. In association with the GRANTOR's grant and conveyance of the Easement,
GRANTOR agrees to cooperate with CITY in order to obtain any consents and/or agreements
from any person or corporation which holds a mortgage or other property interest in the Property.
GRANTORS agree to sign any applications, documents, and/or amendments to this Agreement
which are required for the mortgage holder to consent to the GRANTORS conveyance of this
easement to the CITY. CITY agrees to pay any and all fees associated with obtaining any
consents from any mortgage holders, or other entity with a property interest in the Property.
7. The Perpetual Easement and all conditions and covenants set forth herein are
intended to be and shall be construed as covenants running with the land, binding upon and
inuring to the benefit of the GRANTOR or CITY, as the case may be, and their respective heirs,
successors and assigns, including, without limitation, all subsequent owners and/or tenants of the
Easement, the Property, and all persons claiming by, through and under them.
100127505.2 2704-0501640)
Page 2 of 4
8. CITY shall be liable for its own actions and negligence and, to the extent permitted
by law, shall indemnify, defend and hold harmless GRANTOR against any actions, claims, or
damages arising out of CITY's negligence in connection with this Easement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by
CITY to indemnify GRANTOR for GRANTOR's negligent, willful or intentional acts or
omissions.
9. In the event of any litigation in connection with this Agreement, the prevailing
party shall be entitled to recover court costs and reasonable attorney's fees.
10. If any provision in this Agreement shall be determined to be invalid by a court of
competent jurisdiction, then such provision or determination shall not affect any other provisions
of this Agreement, all of which other provisions shall remain in full force and effect.
Signed and Sealed the day and year first above written.
GRANTOR
FLORIDA CONFERENCE ASSOCIATION
OF SEVENTH -DAY ADVENTISTS,
a Florida not -for -profit corporation
Print Name: Katherine Deering
Title: Vice President
ATTEST:
By:
Print Name: Phi
Title: Secretary
(CORPORATE SEAL)
STATE OF FLORIDA)
COUNTY OF SEMINOLE)
The foregoing instrument was acknowledged before me this /f ' day of June, 2016, by
Katherine Deering and Philip J. Bond as Vice President and Secretary, respectively of Florida
Conference Association of Seventh -day Adventists, a Florida not -for -profit corporation, who are
personally known to me, on behalf of Florida Conference Association of Seventh -day
Adventists, and have executed the foregoing instrument on behalf of Florida Conference
Association of Seventy -day Adventists.
My commission Expires:
Notary Public, State of Florida
::•�k., FRANK MCMILLAN
Frank McMillan
Commission # FF 225111
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BEFORE ME, the undersigned, this OrT
appeared Michael C. Cernech, City Manager, an
Tamarac.
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Notary Public . State o1 Florida
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bonded Though National NOR Assn
CITY OF TAMARAC, FLORIDA
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Patricia Te fel, City Clerk of the City of
Notary Public, State of Florida
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Page 4 of 4
SKETCHAND DESCRIPTION
LEGAL DESCRIPTION:
A 12.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF TRACT 13, FORT
LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE
41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PG. 31,
OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 'B'; PICCADILL Y CAFETERIA,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 115, PAGE 37, OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTH 88 °32 'S3 "
WEST ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID PARCEL '$'; A
DISTANCE OF 29.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH
88 °32 'S3 " WEST A DISTANCE OF 12.01 FEET; THENCE NORTH 00 ` 16 '03 " WEST A
DISTANCE OF 309.60 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE
RIGHT AND TO SAID POINT A RADIAL LINE BEARS NORTH 882256" WEST; THENCE
NORTHEASTERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 40.89 FEET, A
CENTRAL ANGLE OF 43° 12'29 " AND AN ARC LENGTH OF 30.83 FEET; THENCE SOUTH
00` 16 03 " EAST, A DISTANCE OF 337.57 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY,
FLORIDA. CONTAINING 3,941 SQUARE FEET MORE OR LESS.
NOTES
1 ) Bearings shown hereon are based on the North line of Parcel "B' with an assumed bearing of
N 88'32'53" W.
2) This Sketch and Description is not valid without the signature and original raised seal of a
Florida Licensed Surveyor and Mapper.
3) The undersigned and David & Gerchar, Inc., make no representations or guarantees as to
the information reflected hereon pertaining to easements, rights —of —way, setback lines,
agreements and other matters, and further, this instrument is not intended to reflect or
set forth all such matters. Such information should be obtained and confirmed by others
through appropriate title verification. Lands shown hereon were not abstracted for
rights —of —way and/or easements of record.
4) This Sketch and Description consists of two (2) sheets and is not complete without all sheets.
THIS IS NOT A SKETCH OF SURVEY SHEET I OF 2
REVISIONS
THEODORE J. DAVIC FOR THE FIRM
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 5821
DAVID & GERCHAR, INC. LB#6935
DATE I BY I CKD I FB/PG
12' SHARED USE
PA THEASEMENT
SCALE: JOB NO:
N/A 16-007 A
FB/PG: CAD. FILE: F: \tomaroc
N/A \16-007\Easements
DRAWN BY: DATE:
RRM 2/23/16
CKD. BY: PROJ. FILE:
TD 1 16-007
AVID &
ERCHAR,
SURVEYORS AND MAPPERS
12750 N.W. 40th Street, Bay I
Coral Springs, Florida 33065
(954) 340-4025• email: ted@davidandgerchar.com
SKETCHAND DESCRIPTION
N.W. 76TH STREET
R=40.89'
(50
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L=30.83'
N 88°22'56" W
RADIAL
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P,B. PLAT BOOK
O.R.B. OFFICIAL RECORD BOOK
B.C.R. BROWARD COUNTY RECORDS
U.E. UTILITY EASEMENT
THIS IS NOT A SKETCH OF SURVEY
SHEET 2 OF 2
REVISIONS
DATE
BY
CKD
FB/PG
SCALE:
JOB NO:
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16-007 A
FB/PG.
CAD. FILE: F: \tamaroc
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\16-007\Easements
ERCHAR, INC.
DRAWN
BY:
DATE:
PA THEASEMENT
SURVEYORS AND MAPPERS
RRM
2/23/16
12750 N.W. 40th Street, Bay 1
CKD. BY:
PROJ. FILE:
Coral Springs, Florida 33065
TD JL
16-007 JL
(954)340-4025•email:ted@davidandgerchar.com
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