The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-99-196Temp. Reso. #8596, April 14, 1999 1 Revision #1, August 6, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99-J—q� A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PUBLIC UTILITY EASEMENT WITH ACTIVE SENIOR LIVING RESIDENCE, INC., FOR THE ACTIVE SENIOR RESIDENCE PROJECT, LOCATED ON THE NORTH SIDE OF NW 57" STREET BETWEEN NW 915t AVENUE AND PINE ISLAND ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the development of the Active Senior Residence Project located on the north side of NW 571" Street between NW 915t Avenue and Pine Island Road (attached hereto in map form as "Exhibit 1 ") will require the installation of various public utilities; and WHEREAS, the public utility easement is required by City Code Section 10-207 which states that recorded easements shall be provided for the installation of all underground utilities facilities; and WHEREAS, Active Senior Living Residence, Inc., as owners of the Active Senior Residence Project, have offered the "Public Utility Easement" (attached hereto as "Exhibit 2") for utilities; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in Temp. Reso. #8596, April 14, 1999 2 Revision #1, August 6, 1999 the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to accept and execute a "Public Utility Easement" with Active Senior Living Residence, Inc., for the Active Senior Residence Project, located on the north side of NW 57th Street between NW 91 st Avenue and Pine Island Road as required for the installation and operation of various public utilities and infrastructures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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 "Public Utility Easement" agreement (attached hereto as "Exhibit 2") with Active Senior Living Residence, Inc., for the Active Senior Residence Project, located on the north side of NW 571h Street between NW 91" Avenue and Pine Island Road, to allow legal access by public utility personnel in performing their duties, including utility installation, maintenance and operation. SECTION 3: That the City Clerk is hereby authorized and directed to record said agreement in the Public Records of Broward County. SECTION 4: That 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 L11 Temp. Reso. #8596, April 14, 1999 3 Revision #1, August 6, 1999 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 OP day of , 1999. ATTEST: CAROL GOLD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved W is RESOLUTIO as to M`rk MITCHELL S. KF CITY ATTORN MW/krs/mg w JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR_ SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M M15HKIN DIST 3: comm. suamoF DIST 4: COMM. R013ERT3 EXHIBIT t • 11 • TEMP. RESO. # 8596 � MCNAB ROAD MCNAB ROAD W a LIMES BAY THE GREENS W W �P LIME BAY j SEC. II OF TAMARAC W W SEC, I COL. W. `' CLUB HOUSE �\ 91, W Tc ❑D 2 j%/ �� / L W W R. AL LMS W W W W W qU, �i/ °' c� / o,`v Q w w cb Li w w ❑L F V LLAS W W W W W W W /j 6 w w (ION W / W w G �W4(2• W w W O1N p w fp w 4 W V W W O W SPN�S LAGaS � / 2 w 3 w w w w WEDGES 3Ll 62 w w w W W W WEDGEDOD J❑OD LN / w QS)+ w w W W W W W W y _ c6.] T� w w w w W W W W W LAND SEE, 48 w W BOARDWALK APTS. r- SANTA ROSA DR. 61 ST 3¢ / ] z z j ¢ 61 ST ¢ PARADISE CT 61 ST a PATIO HOMES i a m a m a I 6 Tm m Ll> GO PAR. DR B❑ARDW � ALK APTS, o / / 60 ST ��' j 60 ST II GO L Qj/ / 59 PL PAR. Q u S. I MLEY LN. LJ a W� zz 59 Pt / j it Q a 59 CT LANDINGS ❑N PARADISE CYPRESS ESTATES % J % ano 59 ST oc'o gBRADSHAW LN W r-, GREENS d 59 CT E. PLUM HARBOR wv, WATERS EDGE LY❑NS i! ¢ ] v"i a 58 PL j Lo INDUSTRIAL j/ oz 3 ~ /% w ] w V.G.C. PARK PARK 717 j/i% W / 3 °D co a // (VISUAL GRAPHICS) 58 / j / 58 ST co co BUJ GRAPHLINE j ST % MARLEN 57 DR Li ST❑R❑PACK !ii/ /ii/ /// ////i PARK :57DL ,. ] THE TAMARAC > ACliv>E 57 PL z co MIAMI JEWISH SMOR CINNAM❑N HERALD CENTER ° RESMVKe. TREE 8741-8767 57 C 57 S7 PLAZA ❑FC• BLDG 57 ST z � a LY❑NS COMM SUB SITE LOCTION SHELL CHEVRON COMME�'i�r;�L�;L- y__(CO Rn 870) __..-_____-- ACT SEN RES.DWG ACTIVE SENIOR RESIDENCE PUBLIC UTILITY EASEMENT "Exhibit 2 TAM8R8Q_PUSLIC „QTILITY EASEMENT FOR: Active Senior Living Residence Project Name This PUBLIC UTILITY EASEMENT made this day of 199 9-,,- , by Active Senior Livin_q Residence Inc. having an address of 14450 Stirling Road Ft. Lauderdale FL 33330 (hereinafter "Grantor"), and 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"). (Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient Estate"); and WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to use a portion of the servient estate. NOW, THEREFORE, inconsideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations paid by each of the parties hereto to the other party, receipt of which is hereby acknowledged by both parties, the- parties hereto do hereby grant and agree as follows: 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive easement over and upon the servient estate for the installation and, maintenance of public utilities. 2. Grantor reserves all rights not herein granted pursuant to this easement, LJ 961010 1. Tupue.wpd 0 including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the easement herein granted or the exercise of the rights of use thereunder. 3. The provisions. of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. • 0 961010 2 Tupue.wpd IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and . year first above written. ATTEST: DD By: �"!2 I Type Name Ursula Tok Corporate Secretary S eAIL (Corporate Seal) STATE OF FLORIDA COUNTY OF Broward SS GRANTOR By:/'ZM , /a &. Z-'�' Type Name Beth Toka z-Besu 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 Ursula Tokarz and Beth Tokarz-Besu to me known to be the person(s) described in and who executed the foregoing instrument and she she acknowledged before me and under oath that _ she he executed the same. 199 8. WITNESS my hand and official seal this 7th day of April OFFICIAL NOTARY SEAL DARLENE ANN BAKER NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC559136 MYCOMmISSION EXP. JUNE3,2000 ( ) Personally know to me, or ( x ) Produced identification NOTARY TPUtate of Florida at Large �`�`� Darlene Ann Baker (Name of Notary Public: Print, Stamp, or Type as Commissioned) Florida Drivers Lic.#T262-853-66-723-0 Florida -Drivers Lic.#T262-069-69-908-0 Type of I.D. Produced ) DID take an oath, or ( x ) DID NOT take an oath. • 961010 3. Tupue.wpd is • ATTEST: By: S .L Rob Noe, Jr., City nager ATTEST By: Carol Gold, CMC8AAE City Clerk STATE OF FLORIDA COUNTY OF ,�o&OrW : SS ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jo S hreiber Ma r D R Noe, Jr., Ci Manager Date: Z roed s t for: 4chell S. raft, City 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 - 0 5C 2E1BE72 AN(1 to me known to be the person(s) described in and who executed the foregoing instrument and-1-YeY_ acknowledged before me and under oath that 7-ff4-Y executed the same. 199q. WITNESS my hand and official seal this ,,,27 day of 14u"S T OPM&NCTARYSEAL ,JUNE A WHITE NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC775= MY COMML-SON EXP. SM 1S ( ✓f Personally known tome, or ( ) Produced identification NOT Y PUBLIC, State of Florida at L ge (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. is 961010 _ Tupue.wpd AFFIDAVIT SHALL BE COMFIEETED WHEN TGA SIGNATURE IS N APPLICABLE 13A.xh,_ Tokarz-Besu -do hereby affirm that I am the President of and that I have executed a Water and Sewer Developer's Agreement with the City of Tamarac for Active Senior Living Residence prpjectand that I am the owner of the property covered by said DEVELOPER'S AGREEMENT. There are no mortgages held on the property which is the subject of said DEVELOPER'S AGREEMENT. FURTH R AFFIANT SAYETH NOT. (Signs Ia`re) This 1 day of _ . Aril , 998. STATE OF FLORIDA _ . : SS COUNTY OF Broward 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 Beth Tokarz-agsu to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath thaf she executed the same. 199 s WITNESS my hand and official seal this 1 day of April , OFFICIALNOTARY SEAL NOTARY P0B C, State of Florida o4Z DARLENE ANN BAKER at Large NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.CC559136 Darlene Ann Baker MY COMMISSION EXP. JUNE3,2000 ( ) Personally know to me, or ( X) Produced identification (Name of Notary Public: Print, Stamp, or Type as Commissioned) Florida Drivers Lic.rT262-069-69-908-0 Type of I.D. Produced ( ) DID take an oath, or ( X ) DID NOT take.an oath. 961010 5_ Tupue.wpd • SKETCH OF 6' UTILITY EASEMENT AT ACTIVE SENIOR LIVING RESIDENCE 1 I DESCRIPTION: Aftrtion of Lots 2, 3 and 4, Block 3, 'LYONS INDUSTRIAL PARK', as recorded lat Book 7I, Page I of the Public Records of Broward County, Florida, more fully described as follows: i The west 6 feet of said Lot 2 along with the North 6 feet of said lots 2, 3 and 4 along with the East 6 feet of baid lot 4. ,Sold lands lying, situate and being in the City of Tamarac. Broward County, F I or I do. Pr epecd 6' Utility Eescmept I LOT 2 IOT 3 i 25' utility go ... ent w — _ t N- W. 57th STREET THS5 SKETCH DOES NOT FOA' KAAZ CONSTITUTE A FIELD SURVEY. 0A1t8/99 F1L E: LIP -EASE SCALE I' - 60' LOT 4 MICIIAEL J. HITT AE615 AW SUIYEYDA RD. 2711 'STATE OF FLORIDA JEFFREY d HITT IF61 D LAIU M. 14 A117 STATE OF FLORIDA DENS ISLASSOCIATES ,ST2 L FL. 33321 ( 9541-720-1042 FAX ( 9543-720-1045 LAND SURVEYS 0 SUBDIVISIONS 0 CONSTRUCTION SURVEYS CI