HomeMy WebLinkAboutCity of Tamarac Resolution R-98-1641
E
1
Temp. Reso. #8128, February 3, 1998 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98-. Z6�
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 BRISTOL PARK OF TAMARAC, LIMITED,
FOR THE BRISTOL PARK OF TAMARAC ASSISTED LIVING
PROJECT, LOCATED ON THE SOUTHWEST CORNER OF
MCNAB ROAD AND NW 70T" AVENUE, 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 Bristol Park of Tamarac Assisted Living Project,
located on the southwest corner of McNab Road and NW 70th Avenue (attached hereto in
map form as "Exhibit 1 "), was approved by City Commission on February 11, 1998; and
WHEREAS, the development of the Bristol Park of Tamarac Assisted Living Project
required the installation of a Water Distribution System; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution System required to serve the Bristol Park of Tamarac Assisted Living Project;
and
Temp. Reso. #8128, February 3, 1998 2
WHEREAS, Bristol Park of Tamarac, Limited, as the owner of the property, has
offered the "Tamarac Water and Sewer Utility Easement" for the water mains, water
services, and fire hydrants; and
WHEREAS, it is the recommendation of the Director of Utilities that this easement
be accepted and executed for the Bristol Park of Tamarac Assisted Living 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 Bristol Park of Tamarac, Limited, for
the Bristol Park of Tamarac Assisted Living 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 Bristol Park of Tamarac, Limited, for the Bristol Park of Tamarac Assisted
Living Project located on the southwest corner of McNab Road and NW 70t" Avenue to
allow legal access by City Utility Personnel in performing their duties, including utility
installation, maintenance and operation.
1-1
�J
Temp. Reso. #8128, February 3, 1998 3
SECTION 3: That the City Clerk is hereby authorized and directed to record
said Agreement in the public records of Broward County.
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 l0 day of ,
W1111-113
ATTEST:
A-/'t -P-I'd-�eal
CAROL qJfD, CMC/AAE
CITY rLERK
I HEREBY CERTIFY that I have
appr6v�d this RESOLUTION as
TR/dav/mg
4ep-lr
6,10E SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST 1:
COMM. MCKAYE
DIST 2:
WM MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
EXHIBIT 1
�J
•
'EMP. RESO. # 8128
GREENBRIAR
w
7
75
ST >
75 ST
Q
¢
a
9 0 Ip
n
n 74 PL n
74 PL
8 o
j
73 ST
73 ST
PICCADILLY
72
ST
q , 72 ST
72 ST
722 ST
71 CT
7
6 5%
O
,
7
a
7
¢
71
ST
^
Q e
^� b 71 CT
W❑❑DM❑NT
SQUARE J
j/
/
^
Ri
^
70
CT
g 71 ST
70 ST
MA LANDSI4
o BR
KW❑❑D' 3
F
IRCREST 14 70 CT
3 G
DENS]
/
n .D
BA❑NF
�
/% j j/ // // j/
70 ST
N. AMER.
UNITED
METH❑DIST
Li
ALBERTS❑N
1 ¢
NATI❑NS
SHELL
20
L, L,
LAKEO¢ a¢ z n
z o
/j
BR❑OKSIDE COVE
BANK
<69ST,�
COLONY �
ED
M C N A B R DAD
GW
SANK
TEXAC❑
TAMARACy��
PLAZA
w�z4 r y$ arr
$R❑❑KW❑❑D �� �•+
�r�r�vi �$
CASABLANCA
CENTER
7
/
a
/
W❑❑DLANDS
W
UNIVERSITY"
SCHOOL
COMMONS
//
w
/
W
w
d
67 ST ¢
\
r//
BELLE
W
TERRE
]
0
4 66 STOF
\
//
w
TAMARAC
\
¢
W
"
MAINL
NDS S 15,�j�/
¢
/
W
y
w
Q
65 ST
SITE
LOCATION
UNIV,
(,4 CT � /
%
Cl
SH❑PPES
g
/%
OFCS.
64 S7
y
/ 64 ST
EGAN
W
PLAT
v
]
a
63 CT
��
Q
n
¢
¢
63
¢7
\\
CT
/
\\
ILLAGE
CL/
LLJ
63 ST
63 ST j
SQUARE
�_ SAINT
62 ST
62 STD
%�)
62 ST
v
MALACHY
ly-
e }
J❑HN
w
~
a a
a
/ a
�j 61 ST 3
Liz
_
n 3 r
H❑RAN
TER. 7
a
n
n r
n
/ n
D
61 ST
�D
��
7
CURTIS
n
N ANDS SE 10 / �cP 60 CT
FIELD
NATIONS
/ ji/ /i��
°
�
PLAT
BANK
�Q ��
60 ST j r %/ 60 ST
�c j vL 92- / j 59 ST
59 ST j// S
59 ST
%//
BRISTOL PARK OF TAMARAC ASSISTED LIVING FACILITY
WATER AND SEWER UTILITY EASEMENT
GRIST❑L,DW
EXHIBIT 2
Temp. Reso.#8128
FOR: Bristol Park of Tamarac Assisted Living
NAME OF PROJECT
On this-1 o day of .
�uF -- 199,k—, that Bristol park of Tamarac
Limited
having an address of
1Fi01 Forum Place Suite 805 West Palm Beach FL 33401
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 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 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
981014 1
Wsue.wpd
E
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. Bristol Park of Tamarac Limit d
by:
Witness
Type Name dawn Peterson-Zwart
Witness
Type Name
STATE OF FLORIDA
SS
COUNTY OF
► e
MKV Realty, Inc. General rtner
(GRA T
Type Nam itle Jp]er J. r��, Presi
Type Name/Title
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County a oresaid to take acknowledgments,
personally appeared � to me known to
be the persons(s) described in and who executed the f e oing instrument and
acknowledged before me that �_ executed the same.
WITNESS m1992. y hand and official seal this 2_?— day of
NOTARY UBLIC, State of
Florida at Large 0 0 Lz t a y j. MILLER
My Comm Exp. 4/01/00
Pue a Bonded By Service Ins
(Signature of Nota °-
Print, Stamp, or Type as Commisne �ly KO&M [ I OdW L A
(>4 Personally known to me, or
( ) Produced identification
Type o�ID. Prod ied
40 ( ) DID take an oath, or "'DID NOT take an oath.
961014 3 Wsue.wpd
r�
•
ATTEST:
By:
Carol Gold, CM / E
City Clerk
STATE OF FLORIDA
COUNTY OF Mgr_
SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By: r /
Joe Schreiber
May{r
Date:_. June i n - 19 9 R
9.. Noe, Jr.,
nager
Date:
Mitchd#IS. Kraft,
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
Joe to me known to be the person(s)
described in and who executed the foregoing instrument and they acknowledged
before me and under oath that they_ executed the same.
1998.
WITNESS my hand and official seal this 10 day of Junk
'
1PRY PV OFFICOAL NOTARY SEAL
0 e�i PHYLLIS POLIKOFF
x ; * COMMISSION NUMBER
CC390392
�f'or f`0�° MY COMMISSION EXP.
SEPT 231998
( 7O Personally known to me, or
( ) Produced identification
2". lm� -
NOTARY PUBLIC, St of Florida
at Large
//VZZjj'dL, o
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (y .) DID NOT take an oath.
961014 4
Wsue.wpd
•
APPLICARLE
Walter J. Mackey do hereby affirm that I am the President
MKV Realty, Inc., Genera artner Of w
and that I have executed a
Tamarac Utilities Water and Sewer Easement with the City of Tamarac for B r is to I Park
of Tamarac A. L. F. 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 AFF ANT SAYETH NOT.
(Sign re
This 1_7 day of N��r 199
STATE OF FLORIDA
SS
COUNTY OF P
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the
State aforesaid n n the CountX afores id to take acknowledgments, personally
appeared to me knpyvn to be the person(s)
described in and who executed the forego' g instrument and acknowledged
before me and under oath that executed the same.
1999 .
WITNESS my hand and official seal thisc�2 day of
,
Personally know to me, or
( ) Produced identification
NOTARY BLIC, State AfFlo�rida
at Large
"FF4
LizIS'Y J. MILLER
MY Comm Up. 4/01/00
(Nameof Nota Y ice Ins
Cvtamp, or • - 6 '
• of • • •
) DID take an oath, or (X) DID NOT take an oath.
961014 5 Wsue.wpd
EXHIBIT A-.
LEGAL DESCRIPTION
The Eastem 65 feet of Lot 7, less the North 2 feet, and Lots 8 through 12 inclusive, less the North
2 feet, in Block 248, of MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN, according to
the Plat thereof, as recorded in Plat Book 71, page 3, of the Public Records of Broward County,
Florida.
C�
r]
BLOCK 241
� I I
11'
I BLOCK 242
N.W. 72nd AM
N.W. 7181 AVE.
NORTH
SCALE: 1 = 200
BROOKWOOD BLVD.
N.W. 70th AVE.
N.W. 70th AVE.
��i
EXHIBIT B
z I r
0
r00
rn
N.W. 71 st AVE.
5 OOD00'16" E 300.04'
0
� z
rn m Q)
(J (.Jl
wry
w+
f
F-
47 Q7 -•� io m �- A co 7 z a o (] o A N fX7 p Q
pmo Om0 �Arom Or000 romaro 1, I� C
op -.
ro ro a «n 3 � s �� � a• o rev n T� � � m o o�n n C7 CC)
no�p�zOcL o "D 0 n n. `° o cn =1
C]on ry �- O
3 o•�� ro sa ° ° mro z (�
m - a�» �rn���o
�mm �mro o o� 10
0
ro
IOD
�o �o ID lb naro C? C 00
o
row' �� f o o o 41 a
° a ° Q o t,, .,D an° a 0 .t tp O
m ro P `ozo �35 �
w n I-D 7 Q-o F7 Cfl
ID
(D 7
msc
acn O og Nmw
mmVar`l
mcPCO
rn(Jl
oOo h000 N4• O m0.0
. nm
ro i,�N(CD
ID 0N(�o Cl I CD O
ro C'
npQ
rn
y Q
7 m 7 ro
to m O
Doom �� - m 'b
Z (n O cn 7 W 3 fb •-+ (�
T 3 �og�ronp�.
O 00 • Soo
z
Ua fb ccn nCn
0_ mMr0 Hm ro ONnm D o U mz
a rn o� =Zw _ wID m m
p Z(D00C, Oam f
r9 m O - Ut U1 ro 7 .o
o ° m 7 tnL ��0��
m
m CO 2 O 4? j' 7 _
w .-' 4 o rn (Jl
a ° n n ro s° cr yn O r O
n n OS QO W (D 2,2 Nip qa y Ul
m AO•CO -+ a0 4m 9Z
O O cL .N-., Q). O COS IDp� fn yA W U _
m T N� }
D z n m ro n N 7 m f 0 C iv
m lir
W o-.Iro m�nn o oroo m
m -
0 0 ° acWcn nro o W +
tom ° a
0 0 o 0-
_
$ N OODOO'16" W 300.04'
CD CD o,°
0 CD
m o
O
n z
ID 7
N.W. 70th AVE.
Oro S O N� �• 0)
IDO
�.y o
o
Wrt
(D TD
n
- �b
o:00 C: o�
z
co
S �(D
CD (D
fD =� .
U0
Ln �:.'n
nn.
N
ro
tl
NORTH
SCALE. 1 - 100