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�-�
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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
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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