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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-217Temp. Reso. #8705, July 28, 1999 1 CITY OF TAMARAC RESOLUTION NO. R-99- a j $7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A "TAMARAC WATER AND SEWER UTILITY EASEMENT" WITH UNIVERSITY HOSPITAL, LTD., FOR THE UNIVERSITY HOSPITAL AND MEDICAL CENTER PROJECT, LOCATED AT 7201 NORTH UNIVERSITY DRIVE, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEMS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the University Hospital and Medical Center Project, located at 7201 North University Drive (attached hereto in map form as "Exhibit 1 ") was approved by the City Commission on April 28, 1999; and WHEREAS, the development of the University Hospital and Medical Center Project requires the installation of the Water Distribution and Sewage Collection Systems; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution and Sewage Collection Systems required to serve the University Hospital and Medical Center Project; and Temp. Reso. #8705, July 28, 1999 2 WHEREAS, University Hospital, Ltd., as the developer of the property, has offered the "Tamarac Water and Sewer Utility Easement" for water mains, water services, fire hydrants and sanitary sewers; and WHEREAS, it is the recommendation of the Director of Utilities that this easement be accepted and executed for the University Hospital and Medical Center 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 University Hospital, Ltd., for the University Hospital and Medical Center Project, required for the installation, maintenance and operation of the Water Distribution and Sewage Collection Systems. 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 University Hospital, Ltd., for the University Hospital and Medical Center Project, located at 7201 North University Drive, 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. 1 fl 1 Temp. Reso. #8705, July 28, 1999 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 day of , 1999. ATTEST: e".'/ CAROL GbLD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approv d this RESOLUTION to foz A 7 MW/krs/mg �►� f�j ■ _ ■ •;► 1 Wm' JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: __._ MM. ROBERTS EXHIBIT 1 lu • a Do 3 1 Word -DRUM"Me MR �, '� �,�//,. /jjj//W O� W / W �� 7 CIR / W W W Q ERN / 79 ST v 0 n n R55 Q TR56 7 00 p co Q 78 CTcliz^ a "4 x AVAL❑N r` W W❑❑DM❑NT w THC p INE$ W CIR / ESTATES A 78 C7 COUNTRY w 'CLUB 0G 78 PL W w w 2 w w w 78 ST Z W W W W = Q THE CENTRE co JW W V 7 Q Li Li ^(V - W❑❑DM❑NT q 2 o 1 V Ln n n ✓x 4, TR74 �� / / 77 ST TAMARAC C7 / ✓� SCHOOL y. 'RI31 AL w PALM ^ j Oq�d Q PAL Ty CIR S.BELL TAMARAC W PA E a Ap % -� PARK tY w LA w CT P�� / TR75 76 ST Li TWN 7 P oAZA > n ST r n¢ 75 ST n a 'ENVIRMENTALLYGREEN$RIAR IINj/ �jt 'IT VLAND- cy— / w W WOODMgNT V' w ' / 74 ST LJ 73 ST/j/ w wr ^/ UNIV. UNIV. TAMARAC jjj//jj%j jj%// w w W MED. ARTS MED. O w W w w MED CTR CTR Z PICCADILLY 72 CT / r /:;a� ,3 ST ( r % 72 ST SITE LOCATION R72B j 71 CT W❑❑DM❑NT 71 GT PARK SQUARE J4 CT m O 7 THERAPEUTIC rw 71 ST a Q TR72C WINN a ACAD MY OD naci IX E N TR72A % PIN APP E K aO'o HILLS n NA❑AMER. �O 70 ST ca a} 70 CT Z � W j Y 1st UNION ALBERTSON m r w W❑❑DM❑NT W❑❑DM❑NT ALL SAINTS BANK 0 � ¢ } / Z ¢ PLAZA LUTHERAN SHELL o as `z W % Z m w'" COMMONS NATIONS v Li ti Y.. N J3 BANK w w w w W W McNAB ROAD B NK TExAC❑ TAMARAC w w w w W CONCORD VILLAGE PLAZA w v w w W W W W❑❑ w W W W W W W w w w W W •V LA W W W r w W W w UNIVERSITY \ w w W W w TS. w W w W \ W W W COMMONS SANDS P❑INT w\ �\ w w w w CgNN W W W w W W W w \X\� W w W w w w pNGA jF W W\\\� W BELLE W W w CbWN), TERRE 7 \• OF \\ . W w w w VERSAr N CIR W w W W w TAMARAC GARDENS W w n UNI_H❑SPITAL.DWG UNIVERSITY HOSPITAL AND MEDICAL CENTER WATER AND SEWER UTILITY EASEMENT "Exhibit 2" TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR:' NAME 6F P OJECT On this day of J 199_, that having an address of 7 FL_- 3Z1 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 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 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 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 ame Corporate Secretary (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in th County aforesaid to take acknowledgments, personally • appeared a & , a 4 to me known to be the person(s) described in and who executed the foregoing instrument and az4,) acknowledged before me and under oath thatexecuted the same. WITNESS my hand and official seal this _�da of 199!? y • (VTPersonally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large .... Wk6d P. aw VyomsgomwCMM s aooM (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. 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: ATTE B ` J� (�-. 6 R dt b- rt 8. Noe, Jr. City Manager ATTEST: By: Carol Gold, CIVIC! City Clerk STATE OF FLORIDA SS COUNTY OF ow arm 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 j _18ele_ „60- r ,S' Nc TQ. to me known to be the person(s) described in and who executed the foregoing instrument and T,�8�Y _ acknowledged before me and under oath that executed the same. ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe S reiber Ma r S. Noe, Jr. Ci Manager Date: Q - WITNESS my hand and official seal this day of 199�. (/Personally known to me, or ( ) Produced identification N ARY PUBLIC, State of Florida at Large Type of I.D. Produced 0 ( ) DID take an oath, or (DID NOT take an oath 980605 4 Water and Sewer Utility Easement L IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name I Type Na e Corporate Secretary ` Presid t (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF 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 _�s A , Cr,,,���„ \� 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 04, day of 199 C7 . 1!1" MIMMY MY C0MMI9810N / CC 8WIS i OPM: JIMMY 11, 2001 BMW flan *UY PW* llnd mf" ( ,Personally known to me, or ( ) Produced Identification • ( ) DID take an oath, or ( N TARY PUBLIC, State of F14 a at Large (Name of Notary Public: Print, 81tamp, or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 980605 5 Water and Sewer Utility Easement "Exhibit A" C. • c I si r GOLD COAST ENGINEERING COMOUL TANTSt INC. 1 C/VK �i EM/�O/Ip1W�/Fj�, g pip. SUNWEV1M PLAJrMWQ & AMM Mt7 I 7A80 FAJRWA V DRIVE, 9WTLr 208, MUM LAKES, FL 980f8 CF arr PHDAW 46303) 822-06" AAX W.106) 8M►D88a A" za d sass was seT -nu-1 1 sann rr-inn r t : 7 i wnw Fr, -A x --inr "Exhibit B" • • -Cn a r+� o r- �n m a r I� �Ir � ff '6' M — — — Naa• 28' 06' M 420.57' `� €!5'EASEMENT m I m w 5. 41' I (lm v m O T' N00' 28' 06' w Z I 27.02' L ..�� Q O !� I m� m m II a �f� n : a Y V H O m p fA O^Y� Dq W7C—Ym2 rm n�' CMM33rna Lan 1Q�lrm V1 Lu — q� Y m H En WEST LINE OF UNIVERSITY DRIVE A m n n 0 f m m 0 W I— m n O r v J AUG--20-99 FRI 14:48 GOLD COAST KNG. 305 822 9539 P, 02 "Exhibit S" i • "I co -ur toi r�c ryrj Vl CA .-1 n n � ��ppp y m z tow 0 C o S M-w m',1 M11r 71 'i t7lz y• n��-+.'r�oe cmmK N rm 9$a{nc _ m _� w "r`�--micwm- �' y m y77 ��fTTF7lSSr�i) s mar MOM •�- n r1l c _ Z A m ~r�! z y 9~!R p'AAm i C K TI I2 --I T ��Q9 Gy7� r DIrS�o r ZdCICm .'�7 Q� � } d TI, 3c V =NOO' 28' 06' "I'll ll' I[? a 20'SANITAPY SEWEA EASEMENT T m t4 cap scn X c Gl ua ED WEST LINE OF UNIVERSITY DRIVE cf J �_T17 ' 1 C--) CD CCDl i ) a ff] "Exhibit B" �c7 of m� —n of Tin wM �� r� sme�'i �n vi �� cR xc�m-n n Nw �vtir w-4aam�cmm sm TCx'9 zm TCx7 O -Ma, sr1*x s nIS C-ni w^ A.J~ iT VCx7 —q—r-- =m =m xx ��m aor— MR T -1 m �2So�o i00TrxfNr L"7 v ftQT�Sc cry om T� a� my AM zT v-yi =T vy sMpx cmi� rrPSb 4nv so �iv iM �°1Tv �v Tv T o�T��M mvmm�`nm'rmfKry o �._. —O N— OO ti.� OYa ITT WO sx En sx n Nnax A�C~j xi sx V1} �r ra�n�i ppo m-n mm c NM ry A�OrS*1'S iz_ :=90 aY NN xr YY xy r�igy crY cny ��cm� m TN z NN m HN amN m N o cn c7 'n— mT 4� vc =m ~T' =m $ mox oo v myna-n�i9w��n�`no m c_ s~m maces Tm T•c nm mt_ c"~WMV-- �" g 2 CNOC nc cn r ig M— M— c 'Lan* -Wr—SAw OOI"'W V cn m�icn ar K K � Y-K MMC3 OK MM v-4 mmm:xmr-8wA n— O O C3 171v TO TT(7TIMG IT*7— " m LA N w Ay O tTJI �GTn }T. cn xH00 WTmP-x [.7 xa.+ m— n �_ a ;a ova mg ms "",Ne=m== m W= i =m S7 v p wO i= till 70O �nx�m nxxm 'd m m m MM T y m mAom�mewcs�� m1 co M oN© r�i cx� vyiwm�_ wiar�ry x rb 6 TN Wm Vl-n� lJ1Tx xT Q N C ai Om�18AAVIMHmTa XA vw s K a 1D TW O C H Me CD T r O� T-M=M zKvamx r m Cw "'�Mn rh fit rV W -''1 CStiT�"w1x �xWn to vt o stn m=m n Co v ~`nomao-7 w z T a m mA i m ~maxi tiTr' M.., ie T� aco c�no�oas N_yoa a �a ==M a o s w m W"nAHTi xwrTn c,i�(Cyr�7 La Wcn TNC7 V 91 T�x ,(wc� O qw*r Om� ITTrwO 4 to NCi N C H CNGaryNEm��4x"i -Mn m m rT.v TiTT y WM-nS f'+`I C2ac iu�rsoTfn W a 9 c rn a m T �n i -o Tc m� N �nrCD 7O ae-f x i?i a � a y T_0 v V-n m C =�4 R2w CYA vti' S 6Y T H c a rim ii TN ooN — m m tiff . 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