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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 _;? Expires August 28, 2019 { 00127505.2 2704-0501640 } '�,p,'� �R` Bonded Thm Troy Fein insurance 800-385-7019 of 4 //Ar \\`XIllllllll/ ATTEST: _ 03 P cia Teufel, C C >f r PP► ® �o /11jillliliA APPROVED AS TO FORM: � q jl'�' v Kv Offid of the City Attorney STATE OF FLORIDA ) ) ss COUNTY OF BROWARD ) BEFORE ME, the undersigned, this OrT appeared Michael C. Cernech, City Manager, an Tamarac. �.aqY p TINA M. WHEATLEY Notary Public . State o1 Florida • = My Comm. Expires Aug 6. 2018 Commission N FF 135878 bonded Though National NOR Assn CITY OF TAMARAC, FLORIDA B. ichael C. Cernech, City nag d day of , 2016, personally Patricia Te fel, City Clerk of the City of Notary Public, State of Florida (00127505.2 2704-0501640) 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 D=43 01229" L=30.83' N 88°22'56" W RADIAL o, h o M• LU 53.00, TRACT 13 FORT LAUDERDALE TRUCKFARMS (P.B. 4, PG. 31, B.C.R.) of o SECTION 3-49-41 \w S O C Z W l i 12' POINT OF BEGINNING .20' N 2'S3" W F COMMENCEMENT LNORTHWESTCORNER OF "B" PLAT LIMITS NORTH LINE OF PARCEL 2.01 ' 15' UTILITY EASEMENT 3 (P,B. 115, PG. 37, B.C.R,) NS °3253" W,NOST LEXTENSION OF THE m - o ci I NORTHH LINE OF PARCEL 'B' 7 F t PARCEL "B" I a PICCADILLY CAFETERIA o s = I P.B. 115, PG, 37, B.C.R.) LEGEND: 60' a a 0 PG. PAGE a 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: AVID & 1.1= 80. 16-007 A FB/PG. CAD. FILE: F: \tamaroc 12' SHARED USE N/A \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 No Text