HomeMy WebLinkAboutCity of Tamarac Resolution R-99-021Temp. Reso. #8211, April 14, 1998 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99--,,::Z /
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A "TAMARAC WATER AND SEWER UTILITY
EASEMENT" WITH ACTIVE SENIOR LIVING RESIDENCE,
INC., FOR THE ACTIVE SENIOR LIVING RESIDENCE
PROJECT LOCATED ON THE NORTH SIDE OF NW 57`h
STREET BETWEEN NW 91ST AVENUE AND PINE ISLAND
ROAD TO ALLOW LEGAL ACCESS BY CITY UTILITY
PERSONNEL FOR INSTALLING, MAINTAINING, AND
OPERATING THE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEM; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Site Plan for the Active Senior Living Residence Project located on
the north side on NW 571" Street between NW 91"Avenue and Pine Island Road (attached
hereto in map form as "Exhibit 1 ") was approved by City Commission on March 25, 1998;
and
WHEREAS, the development of the Active Senior Living Residence Project required
the installation of a Water Distribution and Sewage Collection System; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution and Sewage Collection System Improvements required to serve the Active
Senior Living Residence Project; and
1
Temp. Reso. #8211, April 14, 1998 2
WHEREAS, Active Senior Living Residence, Inc., as the owner of the property has
offered the "Tamarac Water and Sewer Utility Easement" for the water mains, water
services, fire hydrants and sanitary sewer; and
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed with Active Senior Living Residence, Inc., for the Active Senior
Living Residence 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 and Sewer Utility Easement" with Active Senior Living Residence, Inc.,
for the Active Senior Living Residence Project required for the installation, maintenance
and operation of the Water Distribution and Sewage Collection System.
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 "Tamarac Water and Sewer Utility Easement" (attached hereto as
"Exhibit 2") with Active Senior Living Residence, Inc., for the Active Senior Living
Residence Project located on the north side of NW 571h Street between NW 915` Avenue
and Pine Island Road to allow legal access by City 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.
Temp. Reso. #8211, April 14, 1998 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 thiso17yday of fi.
1999.
JOE SCHREIBER
MAYOR
ATTEST:
CAROL D, CMC/AAE
CITY LERK
I HEREBY CERTIFY that I have
apprgved this RESOLUTION as
MITCHELL S. KF
CITY ATTORN
TR/dav/tk
Temp. Reso. #8211
40
TO:
FROM:
•
0
CITY OF TAMARAC
INTEROFFICE MEMORANDUM
City Manager
Director of Utilities
Recommendation:
UTILITIES DEPARTMENT
DATE: April 14, 1998
RE: Active Senior Living Residence
Project Water and Sewer Utility
Easement
A Resolution of the City Commission authorizing the appropriate City Officials to accept
and execute a "Tamarac Water and Sewer Utility Easement" with Active Senior Residence,
Inc., for the Active Senior Living Residence Project located on the north side of NW 57t"
Street between NW 915t Avenue and Pine Island Road to allow legal access by City Utility
Personnel for installing, maintaining, and operating the Water Distribution and Sewage
Collection Systems.
Issue-
To accept and execute a "Tamarac Water and Sewer Utility Easement" with Active Senior
Living Residence, Inc., for the Active Senior Living Residence Project.
Background:
The Active Senior Living Residence Project Site Plan requires easements to accommodate
the installation, maintenance and operation of the Water Distribution and Sewage
Collection System. The "Tamarac Water and Sewer Utility Easement" will be used for water
mains (that are to be installed for fire protection and water service) and for sanitary sewers
that will be installed by the owner, Active Senior Living Residence, Inc., for the Active
Senior Living Residence Project.
The Director of Utilities recommends the City Commission authorize the acceptance and
execution of this "Tamarac Water and Sewer Utility Easement" for the Active Senior Living
Residence Project.
TR/dav/tk
J&04L
Michael Woika
EXHIBIT 1
•
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TEMP. RESO. # 8211
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ACT IVSEN.DWG
ACTIVE SENIOR LIVING RESIDENCE
WATER AND SEWER UTILITY EASEMENT
EXHIBIT 2
Temp. Reso.#8211
IA ARAC UTILITIES
W6IER AND SEWEE UTILITY- EAS(;=MENT,
FOR:
NAME OF PROJECT
On this .A7 day of , 1992— that Active Senior Living
Residence Inc. having an address of
14450 Stirling Road, Ft. Lauderdale, FL 33330
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 pafcel 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 " 6" and incorporated by reference
herein, (hereinafter "the easement area").
Grantee may use the easement area for the 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
961014 1 Wsue.wpd
furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised
cable TV that crosses this easement at right angles.
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 grants to 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.
961014 2 Wsue.wpd
• IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST: )
By:
Type Name
Ursula Tokarz
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF Broward
GRANTOR
By.
Type Name Beth Tokarz- esu
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 Tok rz-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/she executed the same.
L'
199 s WITNESS my hand and official seal this 7th day of April
OFFICIAL NOTARY SEAL
DARLENE ANN BAKER
[MY
OTARY PUBLIC STATE OF FLORIDA NO RY U IC, State of Florida
COMMISSION No. CC359136 at Larg
COMMISSIONEXP. JUNE3,2000
Darlene Ann Baker
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
( ) Personally know to me, or Florida Drivers Lic. #T262-853-66-723-0
( X) Produced identification Florida Drivers Lic. #T262-069-69-908-0
Type of I.D. Produced
( ) DID take an oath, or ( x ) DID NOT take an oath.
961014 3 Wsue.wpd
ATT
C�rS. Noe, Jr.,
Mnager
ATTEST:
By:
Carol Gold, CMC16E
City Clerk
STATE OF FLORIDA
:SS
COUNTY OF; 6WXrd :
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe c eiber
May'
Date:_ alS -99
*Manag
Noe, Jr.,
er �.
Date:
MIitchell S. Kraft,
City Attorney
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
�foresaid and in the aunty aforesaid to take acknowledgments, personally appeared
G t7 6 A1Q5! ../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 _ executed the same.
WITNESS my hand and official seal this �� day of ,
199-j—.
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print,
� Stamp, or Type as Commissioned)
( �� Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or( r6ID NOT take an oath.
MAW)N SwENSON
961014 4 NOTARY PLIIL.IC STATE LORIDA
COMMISSION \O' Imwp
MY comM155I0!\ F.XP• DEC. 152000
C�
•
11
41 AFFIDAVIT SHALL BE COMPLETED WHEN M,QRTGAGEE SIQNATURE IS NOT
APPLICABLE
•
_ . BethTokarz-Bess do hereby affirm that I am the, President of _
Active Senior; _Living Residence Inc. and that I have executed a
Tamarac Utilities Water and Sewer Easement with the City of Tamarac for Active en' or
Living Residence _ project and that I am the owner of the property covered by said
Tamarac Utilities Water and Sewer Easement.
There are, no mortgages held on the property which is the subject of said Tamarac
Utilities Water and Sewer Easement.
FURTHER AFFIANT SAYETH NOT.
fiz
(Signa re)
This 1stday of Aril , 1998 .
STATE OF FLORIDA
: SS
COUNTY OF Broward
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 Bath Tokarz-Sesu to me known to be the person(s)
described in and who executed the foregoing instrument and she acknowledged
before me and under oath that she - _ executed the same.
199 s WITNESS, my hand and official seal this ? day of April, H
• �4IZ
NOT Y IC,. State of Florida
at Large
Darlene Ann Baker
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
( ) Personally know tome, or Florida_ Drivers Lic. #T262-069-69-908-0
( x) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( X ) DID NOT take an oath.
961914
'7
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Wsue.wpd
EXHIBIT A
LEGAL DESCRIPTION FOR ACTIVE SENIOR
RESIDENCE PROJECT
DESCRIPTION:
All of Lots 2, 3, and 4, Block 3, according to the plat of "LYONS
INDUSTRIAL PARK", as recorded in Plat Book 71, page 1 of the Public Records
of Broward County, Florida being more particularly described as follows:
Commence at the Southeast corner of Section 8, Township 49 South,
Range 41 East, thence N Od 01' 37" W, 11119.14 feet along the East line of said
Section 8 to a point; thence N 88d 59'06" W, 713.12 feet along the North line of
Parcel A, according to the plat of "LYONS COMMERCIAL SUBDIVISION UNIT
NO. 2", as recorded in Plat Book 69, Page 43 of the Public Records of Broward
County, Florida; thence S Od 01' 37" E, 410.07 feet along the West line of said
Parcel A to the Point of Beginning of this description, thence continue S Od 01'
37" E, 250.04 feet along the said West line of said Parcel A to a point; thence
N 88d 59' 06" W, 336.84 feet along the North Right -of -Way line of N.W. 57Th St.
to a point; thence N 1 d 00' 54" E, 250.00 feet along the West line. of Lot 2, Block
3 according to the plat of "LYONS INDUSTRIAL PARK` thence S 88d 59' 06" E,
332.27 feet along the North line of Lots 2, 3, and 4, Block 3 according to the plat
of "LYONS INDUSTRIAL PARK" to the Point of Beginning.
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SKETCH OF 15' UTILITY EASEMENT f�
AT ACTIVE SENIOR LIVING RESIDENCE
vESCRIPTION:
A portion of Lots 2. 3 and 4, Block 3, ' LYONS INO115TRIAL PARK', as recorded
in Plat Book 71, Page I of the Public Records of Broward County, Florida.
more fully described as follows:
Commencing at the Southwest corner of said Lot 2; thence South 60'51'06'
East along the South line of Lot 2, for 5.00 feet to the POINT OF BEGINNING;
thence North 01'00'54' East for 214. II feet; thence North 46'00'54' East for
41.57 feet; thence South 06'59' 06' East for 270.70 feet; thence South 4430' 22'
East for 31.52 feet; thence South 00'01'37' East for 127.4q feet; thence North
0q'50'23' East, for 5.00 feet to a point on the East line of said Lot 4: thence
South 00'01'37' East, along the Fast IIne of said lot 4, for 55.Oq feet; thence
North 06'517'06' West for 107.44 feet; thence South 01'00'54' West for 30.75
feet to a point on the South line of said Lot 4: thence North 66'5q'06' West,
a long the 4outh l i ne of said Lot 4, for 15. 00 feet; thence North 01 * 00' 54' East
for 70.25 feet; thence South 06'51'06' East for 15.00 feet; thence South
01'00'54' West for 16.50 feet; thence South 56'5q'06' East for 57. 16 feet; thence
00'01'37' West for 161.06 feet; thence North 44'30'22' West for Iq.55 feet; j
thence North 66' 5q' 06' West for 1?6. 45 feet; thence South 01' 00' 54' West for j
for 7.50 feet; thence North 66'51?'06' West for 15.00 feet: thence North
01' 00' 54' East f or 7. 50 f eet; thence Nor th 66' 51?' 06 West f or 146. qO f eet;
thence South 46' 00' 54' West for 2q. 14 feet; thence South 01' 00' 54' West for
207.6q feet to a point on the South line of said Lot 2; thence North 60'5q'06'
West, along the South line of said Lot 2, for 15.00 feet to the POINT OF
BEGINNING. Containing 0.03g6 acres of land more or less.
Said lands lying, situate and being in the City of Tamarac, Broward County,
Florida.
LOT 2
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Lot 2
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N. W. 57th STREEr
THIS SKETCH POE4 NOT
FOR: TOKAAZ CON4TITLITE A P1ELI7 4LIRVEY.
NO.: 9804098
FATE: IL IP-EASE 8
FILENAME: ME: NIOHAEL J. Hirt REGISTEREOA W. 2771 STATE OF FLORIDA Reviead 5/4/90 SURVEYOR JEFFREY J. HITT RGISTEX0,M 10. 4117 STATE OF FLORIDA
Rey ,"d 12/1/915 4CALE I' - 60'
DEN I A SSDC I A TES
5701 PINE ISLAND ROAD. SUITE 260,TAMARAC. FL. 33321 (954)-720-1042 FAX (954)-720-1045
LAND SURVEYS 0 SUBDIVISIONS 0 CONSTRUCTION SURVEYS