HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-031Temp. Reso. #10343
February 5, 2004 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-31
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 79T" 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 79" 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" forthe Water Distribution System Improvements at The
Heartlands of Tamarac; and
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
Temp. Reso. #10343
February 5, 2004 2
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 79" 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.
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.
E
1
1
SECTION 6-
passage and adoption.
Temp. Reso.#8248 May 29, 1998 3
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 251h day of February, 2004.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCAE RAFT
CITY ATTORNEY
JED/DM
/ JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST 1:
COMM. PORTNER
AYE
DIST 2:
COMM. FLANSBAUM-TALABISCO
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4:
VIM ROBERTS
AYE
CITY OF TAMARAC jW iscale: N.r.s N
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION [SHEET 1 0 F 1 W • E
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5901 NW 79th Avenue
mw.+ iv DOW EXHIBIT 1
CITY OF TAMARAC. BROWARD COUNTY. FLORIDA
4FAc AMOK JOIN L 00FI RIM. P.0 SEC. 9. TWR 49. ROE. 41
F4 R0. am
Table of Index
Exhibit "T' Location map
Exhibit "2" Tamarac Utilities Water Utility Easement
Exhibit "A" Legal description and sketch of real property
Exhibit "B" Legal description and sketch of easement area
Exhibit "2"
Temp. Reso. No. 10343
TAMARAC UTILITIES
WATER UTILITY EASEMENT
FOR: The Heartlands of Tamarac
On this,,,25" day of h a , 200, that Health Care and Retirement
Corporation of America having an address of 5901 NW 79th Avenue, Tamarac, Florida
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 88t"
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, a legal description
and sketch of which is attached hereto as Exhibit "A", and incorporated by reference
herein, (hereinafter "the servient estate").
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 "B" 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.
980605 1
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.
980605 2
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST: GRANTOR
By: By:
Type Name David K. Nees Type Name Steven M. Cavanaugh
Corporate Assistant Secretary Vice -President
(Corporate Seal)
STATE OF OHIO
SS
COUNTY OF LUCAS
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 Ck"h day of
20�.
CKRYL ADAIMSKI
vorn, Y PLIFUC, STATE OF OHIO
c', ?II M1S3►0N EXF;RES t
( x) Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Ohio
Cheryl Adamski
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( x) DID NOT take an oath.
980605 3
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
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
-L:�-Y-
Joe P reiber
Mayo"r
Date: a S °
y: e, /'7W11'-V1
Jeffrey VI(Aillef
City Manager
Date: a ±5/(> 7
Approved
BBB_ L�
STATE OF FLORIDAilitchell S. K aft,
COUNTY OF &U)Ctrd : SS CCity
Attorney
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
.7oe Sc{tre�xr J-efffej L. M i lier to me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this ed-5-"-Lday of _ fe-, r a-ry ,
20o�.
uuaa
dUME A. WHITS
" Notary p" tjI" - state of Fiona NOTAR UBLIC, State of Florida
My Camrrrio bn 15, MW at Large
Commission # Augp011GD96
Y ,pF, • 30rded 8y National Notary Assn.
( Personally known to me, or
( ) Produced identification
ju ,ve A
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( v DID NOT take an oath
980605
4
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I, Steven M. Cavanaugh do hereby affirm that I am the vice President
of Health Care & Retirement Co oration of and that I have executed a Public Utility
Easement with the City of Tamarac for America 020403
project and that I am the owner of the property covered by said Public Utility Easement.
There are no mortgages held on the property, which is the subject of said Public
Utility Easement.
STATE OF OHIO
SS
COUNTY OF Lucas
FURTHER AFFIANT SAYETH NOT.
(Signature)
This 2sf day of
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 Ste en 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 CA'"", day of..,,,��,sJ ,
20LLx�_.
CHERYL ,4DA14SK1
t'OrARY PUf?I_IC, S-ATI' OF OHIO
( X ) Personally known to me, or
( ) Produced Identification
\.
NOTARY PUBLIC, State of Ohio
Che 1 Adamski
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (X) DID NOT take an oath.
980605 5
FILE No-708 02/09 'OA 10:38 IMARNAHAN&PROCTOR&CROSS FAX:95A972A178 PAGE 2i 2
Temp. Reso. No. 10343
Exhibit "A"
A PORTION OF TRACT 15, "FORT L.AUDERDALE TRUCK FARMS," ACCORDING TO THE PLAT
THEREOF, AS IN PLAT BOOK 4. AT PAGE 31 OF THE PUBLIC RECORDS OF BROWARD
COUNTY. FLORIDA. BEING MORE PARTICULARLY DE13AMED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL "A", "TAMARAC NURSING CENTER,"
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK, 126, AT PACE 21 OF
THE SAID PUBLIC RECORDS OF BROWARD COUNTY; THENCIr SOUTH 01" 26' 27" EAST,
ALONG THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID PARCEL "A", A
DISTANCE OF 67.01 FEET; THENCE SOUTH 890 35' 24" WEST, ALONG A LINE 67.00 FEET
SOI `TH OF AND PARALLEL. WITH, AS MEASURED AT RIGHT ANGLES TO THE SOUTH H LINE
OF SAID PARCEL"A", A DISTANCE OF 570.01 FEET; THENCE NORTH 01' 26' 08" WEST,
ALONG THE SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID PARCEL "A", A
DISTANCE OF 67.01 FEET; THENCE NORTH 89. 35' 24" EAST, ALONG THE SOUTH LINE OF
SAID PARCEL "A", A DISTANCE OF 570.01 FEET TO THE I'OINY' OF BEGUWONG.
SAID LANDS STI'UATED IN THE CITY OF TAMAA.AC, BROWARD COUNTY, FLORIDA, AND
CONTAINING 0.878 ACRES (38,191 SQUARE FEM MORE OF LESS.
PLUS, ALL OF PARCEL "A", ' TAMARAC NURSING CENTE)v" ACcoRDING TO THE PLAT
THRERE OF, AS RECORDED IN PLAT BOOK 126, AT PAGE 21 OF THE PUBLIC RECORDS OF
BROWARD COUNTY FLORIDA.
Exhibit "B" Temp. Reso. No. 10343
CARNAHAN - PROCTOR - CROSS INC.
CERTIFICATE OF AUTHORIZATION NO. LB 2936
8101 WEST ATLANTIC BLVD., MARGATE, FL 33063
PHONE (954)972.3959 FAX (954)9724178 E-MAIL: margataCcamahan-proctor.00m
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, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE 'TAMARAC NURSING CENTER", ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 126 AT PAGE 21 OF SAID PUBLIC RECORDS; THENCE
SOUTH 01"25'27" 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 44.00 FEET; THENCE NORTH 89'35'24" EAST, A DISTANCE OF 20.00 FEET; THENCE
SOUTH 00-24'36" EAST, A DISTANCE OF 44.00 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 (S)
P.O.B.
= POINT OF BEGINNING
P.O.C.
= POINT OF COMMENCEMENT
P.O.T.
= POINT OF TERMINATION
R
= RADIUS
RIW
= 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 61G17-0. FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. AND THAT SAID
Df-SCRIPTION AND SKETCH ISIRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
PROFESSIONAL SURVEYi7R AND MAPPER DATE OF LAST FIELD WORK: NOT A SURVEY
FLORIDA LICENSE NO. LS 4290
I TUSCANY PLAT I JOB NO.: 020403 1 DATE: 11-18-03 1 SHEET 1 OF 2 SHEETS I
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JOB NO. 020403 DWG BY, MDS SCALE, V- 20' OFFSITE UTILITY EASEMENT
TUSCANY PLAT CK'O B $ DCW DATEI 11-18-03 SHEET 2 OF 2 SHEETS
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