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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-1741 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 F*A 23 24 25 26 27 28 29 30 31 32 33 34 35 Temp. Reso. # 6601 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93- / 7 A RESOLUTION APPROVING AND ACCEPTING A TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT TO CONTAIN A WATER MAIN, FIRE HYDRANT AND WATER METER EASEMENT OFFERED BY UNIVERSITY HOSPITAL, LTD. FOR THE PARK PLACE THERAPEUTIC CENTER PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Tamarac Utilities West Water and Sewer Utility Easement to contain a water main, fire hydrant and water meter easement offered by University Hospital, Ltd. for the Park Place Therapeutic Center project is HEREBY APPROVED AND ACCEPTED, a copy of said easement being attached hereto as "Exhibit 1". SECTION 2: That the appropriate City Officials are hereby authorized to execute said easement on behalf of the City. SECTION 3: That the City Clerk is hereby authorized and directed to record said easement in the public records of Broward County, Florida. SECTION 4: This Resolution shall become effective immediately upon adoption. _(J PASSED, ADOPTED AND APPROVED this day of 4,1993. L. BENDER MAYOR ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this Resolut' as to foxy. 7 TCHELL S. CITY ATTC RECORD OF COUNCIL VOTE MAYOR � rBENDER DIST 1: LIST. 3: -� R W� Corporate TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT FOR: PARK PLACE T1JERA2E11TI0- _ NAME OF PROJECT On this day of ,(.%.ram-2�f=� ' , 19 f UNIVERSITY HOSPITAL, LTD. having an address of 7201 N. UNIVERSITY DRIVE', TAMARAC, FL 3332hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 N.W. 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 parcel of real property, a legal description 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 "H" 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. 930222 - 1 - TUW WSUE(C) (-93- /?� 0 Corporate 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, Southern Bell or franchised cable TV that crosses thi6 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. 930222 - 2 - TUW WSUE(C) ;E C CoxPorate I - q_3 —1 ? c This instrument cont4i,ns the entire agreeme�t between the parties relating to the rights chanted and the o rligations assumed pursuant to thi,a instrument. Any oral represent lions or modifications Concerning this instrument, shall 6 of no force and I effect, excepting a subsequent modification raduced to writing, signed by the Party to be charged there*ith. IN WITNESS WHEREOF, Grantor has hereunto set', his hand and seal on the day and year first above written. j (GRANTOR) I Bs Michaer D a- .cG ness Darla Jones hTE OF FLORIDA OF SS I Robert L. N Chief Execu ve Officer I HEREBY CERTIFY that on this day, before me,. an Officer duly authorized in the State aforesaid and in the County aoresai.d to take acknowledgements, Personally appeared j .t< me known to be try wrson(s described in and wh© xec owledged before Me tuted the fore- g ing instrument and ackhhe t ,- executed t 4 same. I WITNESS my hand and offi63.ai Baal this \C'!- �- 19 d*y of 0Y ICATYH t). ELLtS NUTARY PUBLIC, 5to a o %CQiMSSION #CC318603 Florida at Large rXalpEs $sP 2a IWV AtIaMic Bonding bo..111C. OF 000•732-9245 (SXatty of N( Pro-�_ Personally known to me, car Produced Identification Type' of I,b. Produce DID take an oath, or ( ) DIA NOT take an oath. i i i anion No.,� Kathy E111s CC31862 c) j TIQN WS VE (C ) 930222 li ze•Cj .. 3 Z 19Z0J,!E -4 1 3 FaUZ 1WOW 0I a3Vc10Ml210 Corporate ATTEST: By: Dina M. McDermott Interim City Manager ATTEST: BY: L G� C rol A. vans, City Clerk STATE OF FLORIDA SS COUNTY OF j690C[/ /ZD ACCEPTED BY CITY OF TAMARACr GRANTEE By: H B der, Mayor Date: TAv . Dina M. McDermott Interim City Manager Date: Approv d 4s to form: By: Z 'I,- �' tc ell K�:4 City Att ney 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 %fG,li�/dD� N64YaF'� D1N+� N� �,xo �Nr rm c.fT•/ r&41vA6� to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that executed the same. 1. WITNESS my hand and official seal this ? y day of 19 • ( �) Personally known to me, or ( ) Produced Identification RUMP PUBLIC STATE OF FLORIDA MY COMMISSION EXP. NOV. 6;1991 BONDED THRU GENERAL I IS. U,yA, NOTARY PUBLIC, State of Florida at Large (Signature of Notary Public: Print',97�i4'lC„ a(� RGvR�D Commission No. CL C &17.9(c Type of I.A. Produced ( ) DID take an oath, or (V/) DID NOT take an oath. MAST-DOC TUW/W&SUT.ESMT. mw/nb 930222 - 4 - TUW WSUE(C) • EXHIBIT A ' D'ESCRIPT;ON: --PARCELS -"1l` • IhD -'B', 'HEI UR IM CAT. V JIZA, . ACCORDIIlG.Q TEE _.Pf i1T .THEREOF, , AS f:ECDRDED it1 SLAT EODX ],�t8, PAGE 50 OF THE .PUBLit RECORDS• . _--=-�•- OF. BROWARD COINTY, FLORIDA.*•- 0 L. _qj_/ �q EXHIBIT " B " E PARK PLACE THERAPEUTIC CENTER-TAMARAC 15 FOOT UTILITY EASEMENT LEGAL DESCRIPTION: Reference: (Parcels "A" and "B", Melaur Medical Plaza, according to the Plat thereof, as recorded in Plat Book 148, Page 50 of the Public Records of Broward County, Florida.) Commencing at the Southeast corner of Parcel "A", MELAUR MEDICAL PLAZA according to the Plot thereof, as recorded in Plat Book 148, Page 50 of the Public Records of Broward County, Florida. 1 • Thence N 00' 12' 16" W, 273.50 FEET along the East line of said Parcel "A" to the TRUE POINT OF BEGINNING being a point on the South line of said 15' easement; 2. Thence S 89' 55' 37" W, 122.70 Feet; 3. Thence S 00' 04' 23" E, 22.50 Feet; 4, Thence S 89' 55' 37 W, 35,00 Feet; LEGEND; 5. Thence N 00' 04' 23" W. 22.50 Feet; P.o-C. Point of Commencement P.O.B. Point of Beginning 6. Thence S 89' 55' 37' W, 75.00 Feet; 7. Thence S 00' 04' 23" E, 22,50 Feet; Reference: Sketch of Survey by Carmen Verde & Associates. irlc. 8. Thence S 89' 55' 37 W. 28.54 Feet; Project: No. 93-011, Dated 11/08/93 9• Thence N 09 36' 38" W, 128.77 Feet 10, Thence S 89' 01' 50" E, 15.01 Feet; 11. Thence S 00' 36, 38" E. 90.99 Feet; 'YA) 12. Thence N 89' 55' 37" E, 246.55 Feet; Ben T. Aarl<0 :r., .E, to a Point on the East line of said Florida Regi -ration No. 182?8 Parcel "B"; 13. Thence Southerly along said line PARKER ENGINEERING C 0 M PAN r , 'INC. S 007 12' 16" E, 15,01 Feet to the $7g7 N.W. First Street TRUE POINT OF BEGINNING. Coral Springs Florida 33071 PHONE: Area Code (305) 752-6978 FAX: Area Code (305) 346-0402 0 77 7J-1 LLJ 41 LAN 31NIOd I�v8vvqvl to hK H =L v