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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-113Temp. Reso. #10441 April 29, 2004 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A "TAMARAC WATER UTILITY EASEMENT' WITH HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA FOR THE HEARTLANDS OF TAMARAC, LOCATED AT 5901 NW 79TH AVENUE, TAMARAC, FL 33321, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Water Distribution System at The Heartlands of Tamarac, located at 5901 NW 79th Avenue, (attached hereto in map form as "Exhibit 1 ") will be improved to provide adequate water capacity to adjacent properties; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution System Improvements for The Heartlands of Tamarac; and WHEREAS, Health Care and Retirement Corporation of America, has offered the "Tamarac Water Utility Easement" for the Water Distribution System Improvements at The Heartlands of Tamarac; and F1 Temp. Reso. #10441 April 29, 2004 2 WHEREAS, it is the recommendation of the Director of Public Works and the Director of Utilities that this easement be accepted and executed for The Heartlands of Tamarac; 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 and execute a "Tamarac Water Utility Easement" with Health Care and Retirement Corporation of America for The Heartlands of Tamarac, required for installing, maintaining and operating the Water Distribution System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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: That the appropriate City Officials are hereby authorized to accept and execute a "Tamarac Water Utility Easement' (attached hereto as "Exhibit 2") with Health Care and Retirement Corporation of America for The Heartlands of Tamarac, located at 5901 NW 79th Avenue, Tamarac, FL 33321, 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. Temp. Reso. #10441 April 29, 2004 3 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. MA PASSED, ADOPTED AND APPROVED this 26th day of J e, 2004. C�-� :�;-z JOE SCHREIBER MAYOR ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. I4R(AF CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABIS DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS Job No. CITY OF TAMARAC QScale: N.T.S N PUBLIC WORKS DEPARTIM4T AI► Na ENGINEERING DIVISION SHEET 1 OF 1 w E sr sa s Tamarac Water Utility Easement MCNAB ROAD 6C W WOODLAND LAKES o W W W W W v W W W W Y• W •Y W W \ W W COL, W. \\ W W W W SANDS POINT CLUB HOUSE\. \\\ W W W L W W Q W \ W p RAL LMS W OLF W W W W rs. CAI'1/+O W \\ VkLLAS W W W W W \ §1 W W INS W W 9lvW R ]KEST W SPN�S POLAGOS APTS• •Y 'Y W W W W •Y w + WEDGES IW W W W W W W W W ,�• LAND SEC, ^I• W W W W 'Y W W \� w BOARD WALK APTS. Li FAIRWAYS \\ Q 61 ST CY BOAR➢W m 61 ST LK APTS• g Q" Q 59 PL 59 PL LIJ Q ¢ of 59 CT SUNSET 8 ISLES 59 CT ¢ Z J In MAINLANDS Cl) co 59 ST m UNIT 13 59 ST L.L H Temp. Reso. No. 10441 \ .�iz COMMONS PLAZA LUTHERAN NATIONS SHELL �3 BANK MCNAB R❑AD B NK TEXAC CONCO D VILLAGE WOO W W W W W W . UNIVER W W 'V LA W W W W W W a W W TS, W W W .• W W COMMON W W W W W \\ W w CgNNUNGAT£ W W W W \\\W W W W \. BELL CpLON), W W TER W VE CrR W W RSgILLES OF TAMARAC W a GARDE+ a; W W Uj \ \\\ L \ \\ W W ¢ ti \\ \\\ • \\ \ \\� \\ W J ¢ S COLONY CIR, + + > UNI SHOlP!P . S U W \\\\ L W W W W W OFC W W W W . GOLF COURSE, W W W EGAN PLAT W+ W W o q + Y U Z FAIRVIEW DR o > W REEN ILLAG SQUARE / 62 CT WATER THUMB /PLANT CTTC/ ¢ rn rn Z SAIN, MALA4 > 8 ������� n 3 cCEDGEW TER) 61 /T CURTIS CD a j ¢ FIELD NA a, 00 co PLAT B j WATERSIDE 60 ST w > w / MAI L NDS� a 58 CT o¢ 3 I- ¢ U N T 1/, cn 58 / o a Ix 58 ST m m LO/ $ 5 /j/' m CT m US Mw a w 58 57 DR 5 /� MIDWAY PLAZA caLJ In 58 A AI LA DS U T 1 �'ip aq /// . S/ > ¢ BLOCK oo n 57 LN > REEN AVE I' N w / o, BUSTER I`y °D n 57 PL 8 12 FAIRiAVE M ;7 PL CD¢ n UNITED BOSTON rn BIPLAZO CD gm ¢ m N / SPOSTS CHICKEN z 8741-8767 57 Z OFC, BLDG 57 ST CT 57 CT NW 57TH ST OFFICE a 5 TAMARAC TAMARAC = o a w < w M W A Z¢ w ¢ Z Y w a i o ¢ x~ o y CHEVRON BRANCH COMMUNITY moo_ z ra ¢ M Z a N} U-j Z Z Z C3FI-E. EENS LIBRARY CENTER m �_ w CD o w a+ rn ¢w ¢ a ¢ w a a¢i � y a a y f U fA C4 Vi U J U a W f ¢ A C❑M ERCI L BLVD SITE LO ATIO LAUDERHILL "'D'""' D-f^'�'y °�^°°/°' THE HEARTLANDS OF TAMARAC s - 5901 NW 79th Avenue cbww ft Da. EXHIBIT 1 �� BF Datr CITY OF TAMARAC, BROWARD COUNTY, FLORIDA .IOHN L DONEIR, P.E. SEC. 9, TWP. 49, RGE. 41 EL NO. 55393 Exhibit "2" TAMARAC UTILITIES WATER UTILITY EASEMENT FOR: The Heartlands of Tamarac Temp. Reso. No. 10441 On this G4 day of , 20 �, that Heath Care and Retirement Corporation of America ha ing an address of 5901 NW 79th Avenue, Tamarac, FL 33321, 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 which the 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 "A" and incorporated by reference herein, (hereinafter "the easement area"). Grantee may use the easement area for laying, installing, maintaining, operating and altering of water lines and appurtenant 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, Bell South, Sunrise Gas or franchised cable TV that crosses this easement at right angles. 000615 1 Water and Sewer Utility Easement 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 shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the 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. 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 by the party to be charged therewith. 000615 s:\020403\docs\deris\water and sewer utility easement.doc2 Water and Sewer Utility Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. /, / p/., Witness Type Name David K. Nees -Assistant Secretary Witness ryA=- Type Name Patr1 uo- A . Mr_C0y_Atl'(Ae_ STATE OF OHIO : SS COUNTY OF LUCAS (GRANTOR) Health Care and Retirment Corporation of Americ am Type Name/Title Steven M. Cavanaugh Vice -President Type Name/Title 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 Steven M. Cavanaugh to me known to be the person(s) described in and who executed the foregoing instrument and He acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this 1\fday of ''N , 20C�A . ( %) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC State of Fforida at Large CHtRYL ADAMSKI NOTARY PUBLIC, STATE OF OHIO MY COMMISSION EXPIRES u a5 c o (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 000615 s:\020403\docs\dens\water and sewer utility easement.doc3 Water and Sewer Utility Easement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swenson, CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe c reiber MayV te: Vvyr: Jeffrey L. &Ie:r�'- City Manager Date: b���o� By: Mitchell S. raft, C) : SS "-City Attorney COUNTY OF cvW-d : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State fore aid and in the County afgresaid to take acknowledgments, personally appeared ,Joe- ¢,146 .0 L" MLAmo me known to be the person(s) described in and who executed the going instrument and acknowledged before me and fo under oath that executed the same. WITNESS my 4nd and official seal this c�2-6 day of , 20. JUNE E%ff . WHITE ry Publ� A State o! Flor4da ommission E;VkasAug 15, 2008 mmission 8 DD119085 ed By National Notary Assn. (Ll Personally known to me, or ( ) Produced identification NOTA,VY PUBLIC, State of Florida at Larte �J use- A. lcil� (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( �DIDNOT take an oath 980605 4 Water and Sewer Utility Easement Exhibit "A" CARNAHAN • PROCTOR • CROSS, INC. ® CERTIFICATE OF AUTHORIZATION NO. LB 2936 6101 WEST ATLANTIC BLVD., MARGATE, FL 33063 PHONE (954)972-3959 FAX (954)972-4178 E-MAIL: margate@camahan-proctor.com DESCRIPTION AND SKETCH UTILITY EASEMENT ADJACENT TO TUSCANY PLAT LEGAL DESCRIPTION A PORTION OF TRACT 15, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 41 EAST, "FORT LAUDERDALE TRUCK FARMS", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH A PORTION OF PARCEL "A" 'TAMARAC NURSING CENTER", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 126,; PAGE 21 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID `TAMARAC NURSING CENTER"; THENCE SOUTH 01 °26'27" EAST, ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID "TAMARAC NURSING CENTER", A DISTANCE OF 67.01 FEET; THENCE SOUTH 89°35'24" WEST, ALONG THE SOUTH LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 23077 AT PAGE 37 OF SAID PUBLIC RECORDS, A DISTANCE OF 426.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°35'24" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 20.00 FEET; THENCE NORTH 00°24'36" WEST, A DISTANCE OF 115.10 FEET; THENCE NORTH 89035'24" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00°24'36" EAST, A DISTANCE OF 115.10 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. NOTES 1. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC., AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. 3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY, AND RESTRICTIONS OF RECORD. 4. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED. 5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS -OF -WAY, EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION NEED BE OBTAINED. 6. THIS IS NOT A SURVEY. ABBREVIATIONS B.C.R. = BROWARD COUNTY RECORDS D.E. = DRAINAGE EASEMENT O.R.B. = OFFICIAL RECORD BOOK P.B. = PLAT BOOK PG. = PAGE ((Sl = OP INl' OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.O.T. = POINT OF TERMINATION R = RADIUS RNV = RIGHT-OF-WAY U.E. = UTILITY EASEMENT SURVEYOR'S CERTIFICATION 1 HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID DESCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DONNA C. WEST PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 4290 DATE OF LAST FIELD WORK: NOT A SURVEY c \n9ndn3\lannia\— in, TUSCANY PLAT I JOB NO.: 020403 1 DATE: 03-31-04 1 SHEET 1 OF 2 SHEETS No Text Exhibit "A" CARNAHAN • PROCTOR • CROSS. INC. CERTIFICATE OF AUTHORIZATION NO. LB 2936 6101 WEST ATLANTIC BLVD., MARGATE, FL 33063 PHONE (954)972-3959 FAX (954)972-4178 E-MAIL: margate@camahan-proctor.com DESCRIPTION AND SKETCH UTILITY EASEMENT ADJACENT TO TUSCANY PLAT LEGAL DESCRIPTION A PORTION OF TRACT 15, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 41 EAST, "FORT LAUDERDALE TRUCK FARMS", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH A PORTION OF PARCEL 'W' "TAMARAC NURSING CENTER", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 126, PAGE 21 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID 'TAMARAC NURSING CENTER'; THENCE SOUTH 01°26'27" EAST, ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID `TAMARAC NURSING CENTER", A DISTANCE OF 67.01 FEET; THENCE SOUTH 89°35'24" WEST, ALONG THE SOUTH LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 23077 AT PAGE 37 OF SAID PUBLIC RECORDS, A DISTANCE OF 426.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°35'24" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 20.00 FEET; THENCE NORTH 00°24'36" WEST, A DISTANCE OF 115.10 FEET; THENCE NORTH 89035'24" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00°24'36" EAST, A DISTANCE OF 115.10 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. NOTES 1. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS SKETCH IS. THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC., AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. 3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY, AND RESTRICTIONS OF RECORD, 4. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED. 5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS -OF -WAY, EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION NEED BE OBTAINED. 6. THIS IS NOT A SURVEY. ABBREVIATIONS B.C.R. = BROWARD COUNTY RECORDS D.E. = DRAINAGE EASEMENT O.R.B. = OFFICIAL RECORD BOOK P.B. = PLAT BOOK PG. P.O.B. _ = _PAGE lS` DINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.O.T. = POINT OF TERMINATION R = RADIUS RAW = RIGHT-OF-WAY U.E. = UTILITY EASEMENT SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID DESCRIPTION AND S�TCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DONNA C. WEST PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 4290 DATE OF LAST FIELD WORK: NOT A SURVEY -onqun311annic\ io `Inc TUSCANY PLAT I JOB NO.: 020403 1 DATE: 03-31-04 1 SHEET 1 OF 2 SHEETS FILE: sl\020403\cadd\sk-esmt.dgn