HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-0511
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- 67
Temp. Reso. #10361
March 4, 2004 1
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
DEPENDABLE MEDICAL SUPPLY, INC., FOR THE
DEPENDABLE MEDICAL SUPPLY PROJECT, LOCATED AT
7835 WEST COMMERCIAL BOULEVARD, 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 City Commission has approved the Site Plan for the Dependable
Medical Supply Project, located at 7835 West Commercial Boulevard (attached hereto in
map form as "Exhibit 1 "); and
WHEREAS, the Dependable Medical Supply Project requires the installation of
Water Distribution System Improvements; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution System Improvements required to serve the Dependable Medical Supply
Project; and
1
Temp. Reso. #10361
March 4, 2004 2
WHEREAS, the Dependable Medical Supply, Inc., has offered a "Tamarac Water
Utility Easement" for the Water Distribution System Improvements associated with the
Dependable Medical Supply Project; 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 Dependable
Medical Supply Project; 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 Dependable Medical Supply, Inc., for the
Dependable Medical Supply Project, 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 Dependable Medical Supply, Inc., for the Dependable Medical Supply Project, located
at 7835 West Commercial Boulevard, 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.
1
1
Temp. Reso. #10361
March 4, 2004 3
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.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 241h day of March, 2004.
JOE SCHREIBER
n MAYOR
ATTEST:
MARION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION, as to form.
MITCHELL S. RAFT
CITY ATTORNEY
JED/DM
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABI
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
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DEPENDABLE MEDICAL SUPPLY
EXHIBIT I
CITY OF TAMARAC, BROWARD COUIM. FLORIDA
SEC. 9, TWP. 49, RGE. 41
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Exhibit "2"
Temp. Reso. No. 10361
TAMARAC UTILITIES
WATER UTILITY EASEMENT
FOR: Dependable Medical Supply
On this A7 day of)����, 20p� , that Dependable Medical Supply, Inc.,
having an address of 7835 West Commercial Boulevard, Tamarac, Florida, 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
I 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 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 2 Water and Sewer Utility Easement
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
By:
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF9
ew,v :
GRANTOR Dependable Medical Supply, Inc.
J
By: -'-••-
Type Names`�os�n.,ca•a5
President
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 Jadk a a �K,fk�:� 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 ,_ day of
20d3.
( Xpersonally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large 4P''"r'` % Dayns JOhns.,y
"y Commission 1X)03831
& yAa JGIt11 fen s nv Expires June 25, 20ns
(Name of Notary Public: Print, Stamp,
or type as Commission "a"a johns"
My CCIWAiswn DDOS6347
rd ' Fxpves June 25, 2005
N A'
Type 6f I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
980605 3 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:
ACCEPTED BY CITY OF TAMARAC
GRANT E
By:
Joehreiber
Mayor
Date: L `1l°
ATTEST:
effrey L 4diIIe
By: City Manager
Marion Swenson, CM
City Clerk Date: -j l 5'��a
-X 7 vea as lip 1P
(�
�y
STATE OF FLORIDA itchell S. aft,
SS ity Attorney
COUNTY OF 8M
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the Countaforesaid to take acknowledgments, personally appeared
-'G&5C e+a 6W t-�yMilky 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 � day of IMaarc�n ,
200.
REM
A. WHITE NOTA PUBLIC, State of Florida
- St'ate of �at Lar e
My +E� �n 0 [)q IMSational Notary Assn. t
J uN�
Personally known to me, or
( ) Produced identification
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ID NOT take an oath
980605 4 Water and Sewer Utility Easement
L6/ VJI LV VJ VJ. VJ 7J4 e YOJ.JWL 1JLf'CI"/LHOLG 11ILLL'—"L. THUG JQ VO
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
�• !1
Type Name Pf�I 1
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF 5ir���1111► �J���E
MORTGAGEE Union Planters -Bank
By:
Type Name
President s
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State resaid andjn th County aforesaid to taKe acknowledgments, personally
appeared `->� r to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that execute I Nhe same.
WITNESS my hand and official seal this � day ofr-
4(�.
ea Marielena Peraza
My Commission DD080435
a wd; Expires March 31 2006
(vj Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
1
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
W0605 5 Water and Sewer U611EY 6a?ement
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Exhibit "B" Page 1 of 2
SKETCH AND LEGAL DESCRIPTION
13Y
POLICE LAND SURVEYORS, INC.
+ I 5381 NOB HILL ROAD '-
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572--1777—• FAX: (954) 572-1778
E—MAIL: surveys0pulicelandsurveyors.corn CERTIFICATE OF AUTHORIZATION #1-133870
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NORTHWEST 57TH STREET
O.R.B. 3919, PAGE.554
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COMMERCIAL BOULEVARD
O.R.B. 4509, PAGE 6
FILE; J. RUSKIN HOLDINGS, INC. SHEET ONE OF TWO SHEETS
SCALE: 1"-60'
ORDER NO.- 44964
DATE. 11/07/03
7835 WEST COMMERCIAL BOULEVARD
TAMARAC, BROWARD COUNTY, FLORIDA
FOR. DEPENDABLE MEDICAL
tF. Puullice, Reg�Land Surveyor #a91
13urns, Reg. Land Surveyor #6136
State of Florida
Page 2 of 2
SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
4111111 5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777 •T F-AX: (954) 572-1778
E—MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION #LB3870
LEGAL DESCRIPTION: WATER LINE EASEMENT
A PORTION OF TRACT "A", "FAGERSTROM PLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 164, PAGE 46 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID TRACT "A"; THENCE SOUTH 01'26'27" EAST ON THE -
FAST LINE OF SAID TRACT "A" 64.55 FEET; THENCE: SOUTH 88'39'51" WEST 81.54 FEET; THENCE
SOUTH 07'21'20" EAST 3.73 FEET; THENCE NORTH 89'45'05" EAST 11.30 FEET; THENCE SOUTH
00' 1 4'55" I -AST 15.00 FEET; THENCE SOUTH 89'45'05" WEST 18.92 FEET; THENCE NORTH
.59'38'02" WF-SJ 10.45 FEET; THENCE NORTH 07'21'20" WEST 10.41 FEET; THENCE SOUTH
88'39'51" WEST 4.13 FEET; THENCE SOUTH 00'36'03" WEST 3.96 FEET; THENCE SOUTH 46'35'24"
WEST 15JO I-EET; THENCE NORTH 43'24'36" WEST 6.59 FEET; THENCE SOUTH 01'26'27" EAST
137.87 FEEI; (HENCE SOUIH 88'33'33" WEST 15.00 FEET TO THE INTERSECTION WITH THE WEST
LINE OF SAID IRACT "A"; THENCE NORTH 01'26'27" WEST ON SAID WEST LINE 214.08 FEET TO
1HE NORI-HWEST CORNER OF SAID TRACT "A"; THENCE NORTH 89'33'13" EAST ON THE NC RTI-I
I. INE.- OF SAID TRACT "A" 15.00 FEET; THENCE SOUTH 01'26'27" EAST 51.36 FEET; THENCE NORTH
88'39'51" EAST 101.98 FEET; THENCE NORTH 01'26'27" WEST 49.78 FEET TO THE INTERSECTION
WI I H I -FIE AFORESAID NORTH LINE OF TRACT "A"; THENCE NORTH 89'33' 13" EAST ON SAID NOR `H
I. INE. 15.00 FEET TO THE POINT OF BEGINNING.
SAID WATER LINE EASEMENT CONTAINING 6,283 SQUARE FEET, 0.1442 ACRES.
NOTES:
1) BEARINGS ARE BASED ON THE NORTH LINE OF TRACT "A" BEING N89'33' 13"E.
2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY.
FILE: J. RUSKIN HOLDINGS, INC.
SCALE: N/A
ORDER NO.- 44964
DATE. 11/07/03
7835 WEST COMMERCIAL BOULEVARD
TAMARAC, BROWARD COUNTY, FLORIDA
DEPENDABLE MEDICAL
SHEET TWO OF TWO SHEETS
ri F. Pulice, eg. Land Surveyor #2691
Beth Burns, Reg. Land Surveyor #6136
State of Florida