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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-048Temp. Reso. # 7635 December 6, 1996 1 CITY OF TAMARAC RESOLUTION NO. R-97 49 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A "TAMARAC WATER AND SEWER UTILITY EASEMENT" WITH NANCY A. STERN FOR THE MCNAB / PINE ISLAND ALF PROJECT LOCATED ON THE SOUTHEAST CORNER OF MCNAB ROAD AND PINE ISLAND ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan for the McNab / Pine Island ALF Project located on the southeast corner of McNab Road and Pine Island Road (shown in map form as "Exhibit 1 ") was approved by City Commission on December 11, 1996; and WHEREAS, the development of the McNab / Pine Island ALF Project required the installation of a Water Distribution System and Sewage Collection System; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution and Sewage Collection System on the McNab / Pine Island ALF Project; and WHEREAS, Nancy A. Stern, as the owner 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 McNab/Pine Island ALF Project; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in Temp. Reso. # 7635 December 6, 1996 2 the best interest of the citizens and residents of the City of Tamarac to execute a "Tamarac Water and Sewer Utility Easement" with Nancy A. Stern for the McNab / Pine Island ALF Project required for the installation, maintenance and operation of Water Distribution and Sewage Collection 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: The appropriate City Officials are hereby authorized to accept and execute a "Tamarac Water and Sewer Utility Easement" with Nancy A. Stern for the McNab/Pine Island ALF Project (attached hereto as "Exhibit 2") to allow legal access to City Utility Personnel to perform their duties, including utility installation, maintenance and operation. SECTION 3: 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. Temp. Reso. # 7635 December 6, 1996 3 SECTION This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 42 day of _ zjcy� 1997. LARjkfY MISHKIN VICE MAYOR ATTEST: CAROL A. EVANS, CMC CITY CLERK HEREBY CERTIFY that I have awmved this RESOLU11ON a;/ (\"LM CHELL S. K RA F CITY ATTORNEY utilities/dav/aml 1 RECORD OF COMMISSION VOTE MAyno DI,ST DIST DOT DWI • • EXHIBIT 1 iW W w W W W W W W W W //ii W W W �• W FERN CIR �TR55 C prNCS • W W •WDDDM❑NT C[7UNTRY W CIR w w w CLUB pq W W W w W W W W W W W La > w w W w TR74 aw W w w w¢ It Q ��pC•� w 75w S. w w Q Q Al PALM vD `Rq ,� / OD IM w w W Z Q Q 79 ST WN n n a TR56 7 oQ x� a 78 CT n ^P4 AVAL❑N n ESTATES �^ 78 CT 78 PL 7 a 78 ST Q THE CENTRE as� W Q ``�5 z r WDDDMONT Ln NY U n n TAMARAC d ELEM SCHOOL ¢ n a wPAL T CIR `Q0 ;� '/'/ j•/•%• w SIL a 73 i ~ !i i; %; / !i !i % TAMARAC!% !iIX PAL Cr �M���O TR75 //iPARK / / / w Q 76 ST F-r W W P ST / 'i !/ /iii TOWN PLAZA � 'a 7� n 5l73 W fN .p C rrrrrr GREENBF yl W q� `r.1' 9` y� Al VIRONMENTALL E Yi ur / LL' W W W WOObMONT b� 73 ST TAMARAC i MED W w w W W W W r r �' • UNIV. UNIV. CTR Z PICCADILLY W W w w Sr � ; MEDL4CATIQN TR ❑sP. 72 ST 72 ST $�.9L � ��3� / THIS SITE 71 CT b Qw w w R72B // • i/ 7 71 CT PARK PLACE W❑❑DM❑NT SQUARE . THERAPEUTIC CT r r 71 ST Q i TR72C a ACAD MY Ono � W ��E TR72A // PI APP E - HILL BA❑K N. AMER. 70 ST ca as 70 CT r HALBERTSON z 0 C7 m J "J W � � Q a W r/ .�.� '-' z rn Z Q ]Z WOODM❑NT WODDMQNT ALL SAINTS PLAZA LUTHERAN NATI❑NS SHELL O n d va uo� r� W J W COMMONS BANK N v w w w W W M c N A B ROAD GW BANK TEXAC❑ TAMARAC w w W w w CONCORD VILLAGE PLAZA w w W W w W W WDD w W w W W W w UNIVERSItY V W w W W W W W W r• `V LA w TS, w w w w w w COMMONS SANDS POINT �' ` w Y W w CgNNpNGgT W w w w w y W W W\ \\w W BELLE W w W �pyONy W�� W TERRE w t CjR. a �• w OF Q VERS TAMARAC n w �� w CS GARDENS W W McNAB MARKETPLACE MCNMPL.DWG WATER AND SEINER UTILITY EASEMENT r. -1 I -rJ TAMARAQ UTILITIES WAT__ER_AND S,EWEEUTILITY EASEMENT FOR: McNab / Pine Island ALF _ NAME OF PROJECT On this-1 2 day of March , 199 , that Nancy A. Slern having an address of 3130 ti. Eing I s-lap-d--Flo-rida 33351, 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 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 furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised 961014 1 Wsue.wpd _5' qe cable TV that crosses this easement at right angles. Grantor may, for its own purposes, utilize the easement area and shall retain a Y, p p , 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. 0 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. . a 961014 2 Wsue.wpd C� IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year Irst above written. tness -- Type Name Witness Type Name Debra A. Vince STATE OF FLORIDA : SS COUNTY OF ��6 wa-vl ype Nam /T' e NancyA. Stern T Type Name/Title I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State oresaid and in the County aforesaid to take acknowledgments, personally appeared Av1c-ev h.-- to me known to be the persons(s) described in and who executed the foregoing instrument and acknowledged before me that s A(� executed the same. WITNESS my hand and official seal this -/—?— day of 1996 . NOTARY PUBLIC, State of 63FICIAL NOTARY SEAL Florida at Large NORMA BAIRAN NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC500086 MY COMMISSION EXP. SEP X19" (Signature of otary Public: Print, Stamp, or Type as Commissioned) ( ) Personally known to me, or ( Produced identification Type of I.D. Produced ( ) DID take an oath, or ( L.,MID NOT take an oath. 0 961014 3 Wsue.wpd -IR - 9 -1- -p 8 • • ATTES 1 By: � \ �e Robert S. Noe, Jr., City Manager ATTEST: By: Carol A. Evans, City Clerk STATE OF FLORIDA COUNTY OF Broward ACCEPTED BY CITY OF TAMARAC GRANTEE By: Larry Mishkin Vice Mayor Date: 's By: Robert S. Noe, Jr., City Manager Date: March 12, 1997 as to form: hd11/S. Kraft, 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 Larry Mishkin 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 they executed the same. WITNESS my hand and official seal this 12 day of March , 199 7 OPPICIAL NOTARY SEAL �1P Bra PHA.LIB pOLIKOFF ,Z ` COMMIssloN NUMBER < CC390392 m r COMMIss1ON EXP. 0. V C SSP'r 23 1298 P NO ARY PUBLIC, to of Florida at Large PHYLLIS POLIKOFF (Name 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. 961014 n, Wsue.wpd fR. y'I Lf 8 r� u IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: MORTGAGEE CHARITY TEAM INCENTIVES, INC. By:,By Type Name MICHELE F. LA MEDICA Type Name RY T. LA MEDICA Corporate Secretary President (Corporate Seal) MASSACHUSETTS ` STATE OF K1,091M Ss COUNTY OF w r I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Count aforesaid to take acknowledgments, personally appeared }MARY T. LA MEDICA as President and --._. MICHELE F. LA MEDICA as Secretary of Charity Team ncen Ives, , 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. WITNESS my hand and official seal this /a fat day of September_ , 199 6 NOTARY-' PUBLIC, State of XjjdX- at Large VIRGINIA DHORIOMassachusetts Notary Public (Name .• nt, / Stamp, or Type as Commissioned) ( ✓ y Personally know to me, or ( ✓) Produced identification Type of I.D. Produced (t--j DID take an oath, or ( ) DID NOT take an oath. u 961014 (: Wsue.wpd -K-»4- Y e EXHIBIT & � 0 � �■ Kka.■UM sLkN2A.L.F. o #0-�2 WEST « NAB ROAD - ■■■■ __G FL__ _ m_,_ _� _ IZ-`7 1-'F 0 • • • EXHIBIT PAGE 1 OF 3 WATER MAIN EASEMENT A PORTION OF PARCEL "R" WOODLAND LAKES (P.B. 71, PG. 18 B.C.R.) DESCRIPTION: A PORTION OF PARCEL "R", WOODLAND LAKES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 71, PAGE 18, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL "R", THENCE, NORTH 89 01' 50" WEST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF McNAB ROAD. (BEARINGS BASED ON RECORD PLAT OF WOODLAND LAKES), 341.05 FEET TO THE POINT OF BEGINNING; THENCE, SOUTH 00 58' 10" WEST, 35.52 FEET; THENCE, SOUTH 89 01' 50" EAST, 35.41 FEET; THENCE, SOUTH 00 58' 10" WEST, 4.51 FEET; THENCE, SOUTH 89 01' 50" EAST, 5.93 FEET; THENCE, SOUTH 00 58' 10" WEST, 4.54 FEET; THENCE, SOUTH 89 01' 50" EAST, 15.32 FEET; THENCE, SOUTH 00' 58' 10" WEST, 7.50 FEET; THENCE, NORTH 89 01' 50" WEST, 60.16 FEET; THENCE, SOUTH 00 58' 10" WEST, 216.56 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL "R"; THENCE, SOUTH 53 01' 38" WEST, ALONG THE EASTERLY LINE OF SAID PARCEL "R", 45.01 FEET; R_ c " y S r� EXHIBIT B PAGE. OF 3 THENCE, NORTH 00 58' 10" EAST, 19.02 FEET; THENCE, NORTH 53 01' 38" EAST, 25.99 FEET; THENCE, NORTH 00 58' 10" EAST, 231.23 FEET; THENCE, NORTH 89 01' 50" WEST, 20.50 FEET; THENCE, NORTH 00 58' 10" EAST, 15.00 FEET; THENCE, SOUTH 89 01' 50" EAST, 24.00 FEET; THENCE NORTH 00 58' 10" EAST, 15.07 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL "R", SAID LINE BEING CONTIGUOUS WITH THE SOUTH RIGHT- OF-WAY LINE OF McNAB ROAD, THENCE, SOUTH 89 01' 50" EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF McNAB ROAD, 15.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. R.9�-yg • • 0 EXH SiT 8 PAGE 3 OF 3 WATER MAIN EASEMENT A PORTION OF PARCEL 'R' WOODLAND LAKES (P.B. 71, PG. 18, B.C.R.) PARCEL 'R' N0058'10'E N0058'10'E PLAT OF WOODLAND LAKES N8901'50'W (P.B. 71, PG. 18 B.C.R.) 15.00' 19.02, 20.50' \"\C23�5.99 N0058'10'E 231.23' S0058'10'W 216.56' N0058'10'� Z 35.52' �Orr`�, THIS EASEMENT oo C: wm cn wo cn y [ �LA ri IS8901'50'E IL 5.93' S0058'10'w 4.54' S8901'50'E 15.32' S0058'10'W 7.50' C3 w w A A �O 4 _O UI N Y l PLAT NORTH SCALE 1=50' N8901'50'E 24.00' — N0058'10' 15.07' w 0 Q0 m N 4 =n �z a ed 4© ky K z rl P.O.C. N.E. CORNER PARCEL 'R'