HomeMy WebLinkAboutCity of Tamarac Resolution R-99-236Temp. Reso. #8716, August 6, 1999 1
CITY OF TAMARAC
RESOLUTION NO. R-99--�0
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 ST. MALACHY CATHOLIC CHURCH FOR
THE ST. MALACHY CHURCH PROJECT, LOCATED ON THE
NORTHEAST CORNER OF UNIVERSITY DRIVE AND NW
61$' STREET, TO ALLOW LEGAL ACCESS BY CITY UTILITY
PERSONNEL FOR INSTALLING, MAINTAINING, AND
OPERATING THE WATER DISTRIBUTION SYSTEM;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Site Plan for the St. Malachy Church Project, located on the
northeast corner of University Drive and NW 6111 Street (attached hereto in map form as
"Exhibit 1 ") was approved by City Commission on January 19, 1999; and
WHEREAS, the development of the St. Malachy Church Project requires the
installation of the Water Distribution System; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution System required to serve the St. Malachy Church Project; and
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Temp. Reso. #8716, August 6, 1999 2
WHEREAS, St. Malachy Catholic Church, as the owner of the property, has offered
the "Tamarac Water and Sewer Utility Easement" for the fire hydrant; and
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the St. Malachy Church 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 St. Malachy Catholic Church for the
St. Malachy Church Project, required for the installation, maintenance and operation of the
Water Distribution 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 St. Malachy Catholic Church for the St. Malachy Church Project, located
on the northeast corner of University Drive and NW 61" Street, 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.
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Temp. Reso. #8716, August 6, 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 thisoday of ,
1999.
ATTEST:
oa--'a 0'i
CAROL aLD, CMC/AAE
CITY CLERK
I HER,eB,Y CERTIFY that I have
appOvejt7 RESOLUTION as
to arm. ,-, 1 "I /
MW/krs/mg
MITCHELL S. KRAI
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M MISHKIN
DIST 3; COMM. SULTAN_Q.F�
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STMALACH.DWG
ST. MALACHY CATHOLIC CHURCH
WATER AND SEWER UTILITY EASEMENT
JUN-24-99 THU 11:05 AM
"Exhibit 2"
P. 031
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR, St. Malachy School Library/ edia Center
NAME OF PROJECT
On this day of -i -- 1991 that John C . Favalora As
Archbisho of the Archdiocese of Miami having an address of
9401 Biscayne Boulevard Miami Shares FL 33138
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 880
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.
980609 1 Water and sewer MAY Easement 0
JUN-24-99 THU 11:05 AN
P.04
0
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.
0 960605 2 Water ano Sewer Utility Easement
UN-24-99 THU 11:05 AM
P. 05
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
Witness
Type Name Ethel Marinelli
Z1— i—L'
Witness
Type Name
Maria Conturbi
STATE OF FLORIDA
sS
COUNTY OF DADE •
(GRANTOR)
•
Type NamejT'itle John i'. Favalora Archbishop
of Miami
Type Namer itle
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 John C. Favalora 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 e same.
WITNESS my hand and official seal this day of
199 jJ.
(, Personally known to me, or
( ) Produced Identification
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NOTARY PUBLIC, State of Florida
at Large
Ethel Marinelli
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
SPRY P�8 rJFFl
EtNIL AIARINELLI
�OMMeM011 NUMBtTII
N
Type o IPog F\._-ftdulr� oaNRES
( ) DID take an oath, orj DID NOT take an oath.
•
980605 3 Water and Sewer Utility Easement 0
C�
•
IN WITNESS WHEREOF, the parties hereto have caused ':here presents to be
executed on the day and year indicated below -
ATTEST:
4—ey:L;. ' er
City Manager
ATTEST:
By -
Carol
Carol Gold, CM AAE
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe /S reiber
Ma or
Date:2Z 7 - 1
y L, filler
City anager
COUNTY OF
SS L City Attorney "
� t��/�-,�i
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
Jot Sc-kre fiber y � Fta L. M,lloeto 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 7 _ day of i
199�.
(- ' ersonally known to me, or
( ) Produced identification
,, �-' � a- ), ��
NOT PUBLIC, State of Florida
at La ge C*-RCL LNOTARYSEAL
JUNE A WHITE
N , • ARY PUBLIC STATE OF RDMA
COMMESION NO. CC775M
WY COMMISSION ExP. sEPr is=2
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( Z-)-MD NOT take an oath
980605
4 Water and Sewer Utility Easement
JUN-24-99 THU 11:07 AM
AFFIDAVIT SHALL BE COMPLI~TED WHEN MORTGAGEE SIGNATURE is NOT
APPLICABLE
I, J0 n C _ Fiiva 1 nra do hereby affirm that I am the owne
of St. Malach and that I have executed a Tamarac
Easement with the City Utilities Water and Sewer y of Tamarac for Libra
Center project and that 1 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.
rJ
(Signature)
qq
This U\day of�-`-
STATE OF FLORIDA
: SS
COUNTY OF DADS
1 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 John C. Favalora to me known to be the person(s)
described in and who executed the foregoing Instrument and hp ^acknowledged
before me and under oath that he executed4he same.
WITNESS my hand and official seal this day of
199,
r
NOTARY PUBLIC, State of Florida
at Large
Ethel Marinelli
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
(Personally known to me, or
GFFICIAL
2p1P�Y �L� THILMARINELLI
( ) Produced Identification
Type �. w cedCCS49493
s �nF M I COMMUM EXPIRES
( ) DID take an oath, or DID NOT take an oath. JUNK 5,2001
98mos 5 Water and Sewer L04Y Easement
EXHIBIT A
ST. MALACHY CATHpLIC CHURCH
• 6200 NORTH UNIVERSITY DRIVE
TAMARAC, FLORIDA
LEGAL DESCRIPTION
THE NORTH 525,5 FEET OF WEST 881,�2 OF TRACT 12
-SECTION 10, TOWNSHIP 49S, RANGE 41 E, ACCORDING TO
THE PLAT THEREOF, OF FT,LAUDERDALE TRUCK FARMS
RECORDED IN PLAT BOOK 4, PAGE 31, PUBLIC RECORDS OF
-BR❑WARD COUNTY, FLORIDA, l ESS THE WEST- 53' THEREOF
FOR THE ROAD RIGHT OF WAY.
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LOCATI❑N MAP
SEC, 10--49-41
NO SCALE
09
THIS PLAT
W 61
Z
32
NW 57 STREET
10
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C❑MMERCIALBOULEVARD
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