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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-130I ma 3 4 5 6 31 33 34 35 Temp. Reso. #5418 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-$9-�o A RESOLUTION APPROVING AND ACCEPTING A 15-FOOT TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY HCA REALTY, INC., AND TAMARAC HOSPITAL CORPORATION, INC., FOR THE UNIVERSITY HOSPITAL PAVILION PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the 15-foot Tamarac Utilities Water and Sewer Utility easement offered by HCA Realty, Inc., and Tamarac Hospital Corporation, Inc., for the University Hospital Pavilion 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 upon adoption. PASSED, ADOPTED AND APPROVED thisa'2�day Of 1989. ATTEST: ik'UAL4-� NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form.II ,,''nn, �,, Wi G�1�aCc)( �' RICHARD DOOD(Y) CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR DISTRICI DISTRICT DISTRICT DISTRICT 1( "S:'Xr � I TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT FOR: Ulf I_yERSITY PAVILION HOSPITAL NAME OF PROJECT On this :��G,171 day of 198f, HCA Realty,Inc. and TamaracH=itgl Corporation,In ., having an address of One Park Plaza Nashville,_ Tgnnessee 37,202 _ , (hereinafter "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 "A11, 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. 030189 0 so TUW WSUE 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 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. 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. 030189 -2- TUW WSUE 13a L� .=� F-84'-13d 11 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. IN WITNESS WHEREOF, Grantor has hereunto set his hand and.seal on the day and year first above written. Signed, sea le nd e vered r. i t presence of: (GRANTOR) TAMARAC HOSPITAL CORPORATION INC. t n ss Thomag F. Ra ey and HCA Realty, Inc. •Witne s Harry S. Batten BY: Vice President David J. Malone, Jr. r a (Seal if Corporation) -3- STATE OF 365&%bM TENNESSEE COUNTY OF DAVIDSON I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared David J. Malone, Jr., Vice President _of Tamarac Hospital Corporation, Inc. to ine known to be the person described in and who executed the fore- going instrument and who acknowledged before me thathe executed the same. for the purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this 27th day of Bch 19819.9 My Commission" Expires: V ATTEST: e ATTEST: By a ro 1 A. Evans CITY CLERK !E,M Notary Public ACCEPTED BY CITY OF TAMARAC, GRANTEE y Norman Abramowitz, MAYOR Date: -</*0/'8 % /I J2n P. Kerb', C,ZTY MANAGER / Date: Approved as to form: ByGIA 444-�0 Richard L. Doody, CITY ATTORNEY C1 1J 9-21-130 7 STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take a knowledgemely appeared / to me known to by the pe on de9cribeW in and who executed the fore- going instrument and acknowledged before me that executers the same. WITNESS my hand and seal at Fort Lauderdale,'Broward County, Florida, this _30 day of 198f. r Notary Public My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA NY CONNISSION EXP SEPT 17,1990 BONDED THAU GEPERAL INS. UNO. 0 TUW/W&SUT.ESMT. Revised 8/4/88 11 -5- EXHIBIT' Parcels 1 and 2, UNIVERSITY PAVILLION, according in Plat Book 136, Page 22 of the Public Records of AND C to the Plat thereof, as recorded Broward County, Florida. Parcels "E" and "F", UNIVERSITY o��e PublicTAL 11Records of accordingto County, reof, as Florida. recorded in Plat Book 130, Page, C� 0 13C ,sc1IRTION:_ (PROPOSED CENTERLINE 15 FOOT WATERLINE EASEMENT) Portions of Parcels 1 and 2, UNIVERSITY PAVILLION, according to the Plat thereof as recorded in Plat Book 136, Page 22 and portions of Parcels "E" and "F UNIVERSITY HOSPITAL III. according to the Plat thereof as recorded in Plat Book 130, Page 42, all of the Public Records of Broward County. Florida. being a stria of land 15 feet in width. lying 7.50 feet on each side of, as measured at right angles, to the following described centerline: COMMENCING at the Southeast corner of said Parcel 2, UNIVERSITY PAVILLION: thence North 01026'16" West alone the East line of said Parcel 2 a distance of 94.49 feet to the POINT OF BEGINNING; thence South 88002'12" West a distance of 17.41 feet to a point hereinafter known as Reference Point "A": thence continue South 88002112" West a distance of 29.00 feet to a point hereinafter known as Reference Point "B": thence continue South 88002'12" West a distance of 8.50 feet to a point hereinafter known as Reference Point "C": thence continue South 88002'12" West a distance of 218.95 feet: thence North 41023'48 West a distance of 7.77 feet: thence North 01019'55" West a distance of 134.50 feet to a point hereinafter known as Reference Point "D": thence continue North 01019"55" West a distance of 217.50 feet to a voint hereinafter known as Reference Point "E": thence continue North 01019'55" West a distance of 43.37 feet: thence North 55006145" East a distance of 8.39 feet: thence South 88021'24" East a distance of 290.24 feet: thence South 01038'32" East a distance of 39.00 feet to a point hereinafter known as Reference Point "F": thence continue South 01038132" East a distance of 344.16 feet: thence South 46011'35" West a distance of 6.75 feet: thence South 88002112" West a distance of 15.09 feet to the POINT OF BEGINNING. TOGETHER WITH: BEGINNING at said Reference Point "A": thence North 01o57148" West a distance of 20.00 feet to the POINT OF TERMINUS. TOGETHER WITH: BEGINNING at said Reference Point "B": thence North 01057'48" West a distance of 23.00 feet to the POINT OF TERMINUS. TOGETHER WITH: BEGINNING at said Reference Point "C": thence North 06005'35" West a distance of 36.00 feet to the POINT OF TERMINUS. TOGETHER WITH: BEGINNING at said Reference Point "D": thence North 88040'04" East a distance of 33.00 feet to the POINT OF TERMINUS. TOGETHER WITH: BEGINNING at said Reference Point "E thence North 88040'04" East a distance of 26.00 feet to the POINT OF TERMINUS. TOGETHER WITH: BEGINNING at said Reference West a distance of 21.00 feet Sheet 1 of 3 Job No. D124C October 13. 1988 DMD/ds 88037.DD1 Point "F": thence South 88021'28" to the POINT OF TERMINUS. /?,pq-/3d Said lands aituate, lyinq and being in &coward County, Florida. Sub)ect to all easements, rights -of -way record. and reservations of NOTES ;_ 1. Reproductions of the Sketch are not valid unless sealed with an embossed surveyor's seal. 2. This is not a Sketch of Survey but only a graphic depiction Of the lands described hereon, and in no way reflects actual field measurements or location. 3. Bearings shown hereon are relative to the Plat of UNIVERSITY PAVILLION, as recorded in Plat Book 136, Page 22. of the Public Records of Broward County, Florida. CERTIFIGATE� I hereby certify that this SKETCH AND LEGAL DESCRIPTION is true and correct to the best of my knowledge and belief and meets the Minimum Technical Standards for Land Surveying in the State of Florida as set forth in Chapter 21HH-6 of ADMINISTRATIVE CODE. the FLORIDA DARBY AND WAY. INC. z Q By: Douglas M. Davie egistered Land Surveyor No, 4343 State of Florida Sheet 2 of 3 Job No. D124C October 13, 1988 DMD/ds 88037.DD1 NOT VAL I) ViL CsS SEALED WITH AN Eli": SSW % SURVEYOR'S SEAL N n �J 101 F SKETCH TO ACCOMPANY DESCRIPTION (CENTERLINE 15' WATERLINE EASEMENT) -TVQGT -115 WaOflMOOT 14�iI5 toy, N. t UN . -1-*1; -cs in x t l5' WQTE GZ L 1 Ill E I o o � % ` N l0 U.e. (11>010) _r✓ I qt .aVIA o p ek o a ti •,f &.50' O tr: O I . I I is o I �1 oG°o5'35"W �� oo' tz.171 P..,A,. 7, Ti' 5 b8° 02 12 21E5.'J5' �70.pj. - va¢cE� N - s (P 6 (3Ca, Pea. 22; b 6.R.) o N 9, 0. Q, (? w Il•1 t7tLAYES R;E�E1;Z>r1JGE p01 t.1T LANDS SHOWN HEREON WERE NOT ABSTRACTED, BY THE UNDERSIGNED, FOR RIGHTS -OF -WAY, EASEMENTS, RESERVATIONS AND OTHER SIMILIAR MATTERS OF RECORD. SUCH INFORMATION SHOULD BE OAINED AND VERIFIED BY OTHERS THROUGH APPROPRIATE Tit E V R F CATION. THIS DRAWING IS THE PROPERTY OF DARBY and WAY, INC. AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR PART WITHOUT WRITTEN PERMISSION, 4.e. Loa. 17A[zGE1. 'L1�►.1 i v uolvf:-?511Y P4vtLl. (91,. I*(0, F16- 22; F-7-6 V.) I ' ,LOCATI N aKFTCH N.T.S. 5u F-E-r 3 .0F '25 J►�% .. SCAL9.. ar. DATE pr PROFESSIONAL SURVEYING AND. ENGINEERINGCHEC1439 S. Pompano Parkway, Pompano Bch., FL 39069 •(305) 975.8588 fiEL3203 Lawton Road. Suite 101, Orlando. FL 32003 • (407) 894.6883 PAaE at5v%t te7 rr n124C�