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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-197Temp. Reso.#7945 July 14, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97- IT % A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH UNIVERSITY HOSPITAL, LTD., FOR THE COLUMBIA UNIVERSITY HOSPITAL ALF PROJECT LOCATED ON THE EAST SIDE OF NW 80TH AVENUE BETWEEN NW 71ST COURT AND NW 72ND STREET TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFE TIVE D T . WHEREAS, University Hospital, Ltd., the developer of the Columbia University Hospital ALF Project is proposing an assisted living facility located on the east side of NW 80th Avenue between NW 71 st Court and NW 72nd Street (attached hereto in map form as "Exhibit 1 "); and WHEREAS, a Blanket Public Safety Ingress/Egress Easement is required by City Code Section 24-580 (n)(1) to provide proper access to private property for municipal services; and WHEREAS, University Hospital, Ltd., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Columbia University Hospital ALF Project; and Temp. Reso.#7945 July 14, 1997 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with University Hospital, Ltd., be approved and executed for the Columbia University Hospital ALF 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 Blanket Public Safety Ingress/Egress Easement with University Hospital, Ltd., for the Columbia University Hospital ALF Project. 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. SECTIQN 2: That the appropriate City Officials are hereby authorized to accept and execute a Blanket Public Safety Ingress/Egress Easement (attached hereto as "Exhibit 2") with University Hospital, Ltd., for the Columbia University Hospital ALF Project located on the east side of NW 80th Avenue between NW 71 st Court and NW 72nd Street. 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. 1 I Temp, Reso.#7945 July 14, 1997 3 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 /O day of 15 1997. ATTEST: IaWL4Z4�� CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION a M 0 rA TR/dav/aml MITCHELL S. I(RM CITY ATTORNEY ( a--e - Z� � JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR CHREt ER DIST t: COMM. MWAYE .10 DIST 2. VIM MISHKIN MST 3. gOMM. SULTANOF DIST 4: COMM. R BELTS • TEMP. RESO. # 7945 3 S-� PINES EXHIBIT I 78 CT Q `r z A VAL❑N n ESTATES n CD Q w CIR 78 PL rya > 78 ST ¢THE CENTRE -jw w a cc W❑❑DM❑NT `� z i U n - 79 ST 78 CT w Q W n nu � n n 78 ST TAMARAC >- P R D ELEM H- ¢ W �v SCHOOL P--- 4 r z / 76 DR ����0 nw / j �j j //' /j .// 76 CT �e �TAMARAC!j//j/ S,BELL F & D W /j'�/PARK' 76 ST r TR75 '// TOWN PLAZA n v >Q n v Q> n 75 ST GREENBRIAR E SENNSITIVEE'- S. TI Y LO CATI O1N LAND r THIS SITE TAMARAC MED, r NIV, UNIV, CTR PICCADILLY M D CTR H❑SP, 72 ST 72 ST 71 CT C� W❑❑DM❑NT SQUARE a 7'1 PPLACE THERAPEUTIC �r w 71 ST a TR72C ¢ ACAD MY coCD HIL S nca BANK co ❑ 90 80 7 6f 1 J4 q BR❑ K' 76 PL WEST ©❑ 1 01 > 4 Li ¢ Q d � , 3 N cv n CQ n n r 76 DR 76 CT _ ['/l 76 ST 76 S ¢ 75 CT )j (1: g > w > 75 ST Q ¢ H Q 10 n n n 74 PL n �( % 73 ST 72 ST 5 > > Q 71 ST ,moo // 70 CT // / 70 ST �3 70 CT N. AMER. UNITED METW❑➢IST ALBERTS❑N 1 1 W❑❑DM17NT W❑❑DM❑NT ALL SAINTS O a 0 zo a n COMMONSQ PLAZA LUTHERAN NATIONS SHELL 2 LAKE McNAB ROAD BANK COLONYM-1 ¢z ti w �� (69ST.) c� TEXAC❑ TGw PLAZAC BR❑❑KWOOD Q C❑NC❑ D VILLAGE BANK PLAZA ca n W❑❑ y y y y y y y UNIVERSITY w V LA TS 'Y y y y y y y y �Y y y yry C❑MM❑NS 68 ST \� y y y L'i :wr1 C/.�NNQNC4 y y y y y \� \y y y ¢ %' BELLE N, Cad❑Ny C y y \� y y TEORE V�RSAIL Ip y y y CL/ TAMARAC LDS GAR��NS y y LLI UNIV. S. COLONY CIR, y �� y SH❑PPES 67 ST a N w cl \, z © ¢ 66 ST ci � r v ¢ n MAINL NDS S 15'// 65 ST 64 CT 64 ST rma COLUMBIA UNIVERSITY HOSPITAL A.L.F. BLANKET PUBLIC SAFTY INGRESS/EGRESS EASEMENT H❑SP-ALF.DWG EXHIBIT 2 Temp. Reso.#7945 TAMARAC QTILITIES QLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: olum is University Hos ital ALF (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 10 day of September 199 7 , by University Hos 'tall, td, having an address of 7201 North Univer i Drive. Tamarac, 3321I, (the "Grantor"), and the City of Tamarac, a Florida municipal Corporation having an address at 7525 Northwest 88th Avenue, Tamarac, Florida, 33321 (the "Grantee"). WIT NESSETH: WHEREAS, Grantor is the fee simple owner of the real property described on Exhibit "A", attached hereto (the "Property"); and WHEREAS, Grantor desires to create a non-exclusive easement in favor of Grantee for ingress and egress over the property, as indicated on Exhibit "A", upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) paid to Grantor, the receipt and adequacy of which is hereby acknowledged, and for other good and valuable considerations, Grantor does hereby create, establish and grant this Blanket Ingress and Egress Easement to Grantee for the specific purpose of access by Grantee, for Grantee to provide municipal services to the above -described property such as services to existing utilities, maintenance to existing canals, fire protection, police protection, emergency and other public safety services. It is acknowledged that Grantor, or its successors, intends to construct a commercial dwelling and other improvements upon the above -described property, and nothing 961010 1 Bpsiee.wpd • r� • contained herein shall be deemed to prohibit or restrict Grantor or its successors from constructing any buildings or improvements upon the property, subject to the requirements of Grantee or any other controlling governmental authority, and upon the construction of any building and improvements upon such property, the easement created hereby shall be subject to such improvements as are constructed and shall be used by Grantee in a manner which is consistent with the buildings and improvements constructed upon the property and which, to the extent possible, will minimize interference with and will be compatible with the construction and use of said buildings and improvements. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. 961010 This easement shall not be released or altered without consent of the Grantee. 2 Bpsiee.wpd n IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the caay and year first above written. Witness Susanne Lindstrom Type Name 5USA,00 E- LW6 SF1f0) -7 Witness Type Name Dania Primiano STATE OF FLORIDA . SS COUNTY OF BROWARD ; UNIV ERSITY HOSPITAL, TD. (GRANTOR) Type Namerritle Ch r e s J. Hal l Se for Vice President Columbia Hospital Corporation_ ,of_ Tamarac, reffrev T. Crudele lice President olumbia Hospital .orporation of Tamarac, General Partner 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 appearedQhaLLqj__Lu.Hall and Jeffrey T. Crudele to me known to be the persons(s) described in and who executed the foregoing instrument and acknowledged before me that —the executed the same. WITNESS my hand and official seal this dWQj 199.1. z° COMMISSION CC 4 755 EXPIRES FEB 8,1999 �q�, 2� BONDED THRU 'nF F4G ATLANTIC BONDING CO., INC. NOTARY PUBLIC, State of Florida at Large 4rv-11 (Signature of Notary Public: Print, Stamp, or Type as Commissioned) (x ) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or (x ) DID NOT take an oath. is 961010 3 Bpsiee.wpd (51 • • ATTE T: y: - Robert S. Noe, Jr., y City Manager ATTEST: By; 4�3&14Z�2� Carol A. Evans, City Clerk STATE OF FLORIDA WS1 COUNTY OF BROWARD ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe S iber Mayor Date:�September 10, 1997 Robert S. Noe, Jr., City Manager Date: September 10 nsto iKraft, 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 JQe hr iber and Robert S. Noe, Jr. 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 --t_ executed the same. 199 7. WITNESS my hand and official seal this -LL day of Sapt!Zmber ni {.sF F17-4 NOTARY PR SEAL +:OMMI99ION NUMBER " ICY OOMMI9910N EXP. �'� 231998 ( X) Personally known to me, or ( ) Produced identification NO ARY PUBLIC, ate of Florida at Large t X LL/ 5 70> 1-,' D F-F` (Na'me of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (X) DID NOT take an oath. I* - 961010 4 Bpsiee.wpd K L� `1 ( `-i ' l 11 Senior Vice do hereby affirm that I am the _pres j dgnt of Columbia Hospital Corporation of Tamarac* and that I have executed a Blanket Public Safety Ingress / Egress Easement with the City of Tamarac for Columbia LF project and that I am the owner of the property covered by said Blanket Public Safety Ingress / Egress Easement There are no mortgages held on the property which is the subject of said Blanket Public Safety Ingress / Egress Easement. *General Partner FURTHER AF ANT SA TH NOT. (Signature) This 2 day of Jul y 1997 STATE OF FLORIDA COUNTY OF SS 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 Charles 1. HA11 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 h2 executed the same. WITNESS my hand and official seal this day of ,qvY," P4, DONNA RAE LEON a COMMISSION # CC 4377SS EXPI F NOTA Q� 4 �[., B"A at Laa.,44�c. Florida r e X) Personally know to me, or Produced identification (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ) DID take an oath, or ( X ) DID NOT take an oath. • 981010 5 Bpsiee.wpd SKETCH AND LEC AL BY POLICE LAND SURVEYORS, INC. SW Noe NLL ROAD SUNFMW, FLC*WA 33351 PL,S TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 CERTIFICATE OF AUTHORIZATION NO. LB3870 4 1 E—MAIL: pulice®ix.netcom.com • LEGAL DESCRIPTION: PARCEL. 3 OF 'UNIVERSITY HOSPITAL REPLAT' ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158 AT PAGE 46 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. NOTES& 1) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. 2 BEARINGS ARE BASED ON THE NORTH LINE OF PARCEL 3 BEING N8931'54E. LENGTH-396.37 G / SCALE:1' - 2m, ORDER NO.: 34M APRIL 14 IW7 :L 3 N89'31'54'E 430.28' PARCEL. 3 LENGTH-225.00' UNNERSITY HOSPITAL REPLAT FC)Ft COHN AND ASSOCIATES N89 31'54'E 336.69' S74 4,�.Og"W 8zg EXHIBIT "A" John F. Pulice, Reg. Land Surveyor #2691 Michael Charles Flynn, Reg. Land Surveyor #3281 State of Florida