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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 S Tamarac Water Utility Easement - TR #10343 AC-0 S� m y l. H� Y& as W y 3 .�., COMMONS PLAZA LUTHERAN NATIONS BANK SHELL MCNAB ROAD w.�.w_w. w v C N A B R❑ A D HANK 7EXAC �S w« w w w w w w CONCO ➢ VILLAGEM AC w w w �Wf7oDCANII LAKES' w w w w w WOO W w w w w UNIVER$ w vlrL W V LA w w w w w w W TS. w w W COMMON COL. W. 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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 3nN3AV 416L MN 3,-LZ,9Z .LOS 3„LZ,9Z .LOS 40•L9 d31N30 rW-^ ONISNnN OVLIV►Ydl ztr 3NIl ' 3 � m cti _- d Q U� �m Z N O to 7 O N U�U It4'm �U ox o�a� W O L" W r r h- Sao z m om- 3 Q U tp wrZ a Loa.n p� ul Z (V Cam ¢ M N O>- a a a r a. o 0 a. Z Qn Q 4 U mp �` F woo a m F- Q: 0 3.,9£.4Z .00S .00'bb w 3 � Op p W� o ,o sy3 f �n a co n �, z OD .00' b ti M.;9£,tiZ .00N ADDENDUM F.B./PG. DATE BY CK'D 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 vn c. •:%njnA0IAenAA\AF-e.mf.AM