HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-309Temp. Reso. #9183
October 16, 2000 1
CITY OF TAMARAC
RESOLUTION NO. R-2000- 3 07
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 ADVANCE BUSINESS ASSOCIATES,
L.L.P., FOR THE CITY FURNITURE PROJECT LOCATED ON
THE WEST SIDE OF HIATUS ROAD JUST SOUTH OF
MCNAB ROAD, TO ALLOW LEGAL ACCESS BY CITY
UTILITY PERSONNEL FOR INSTALLING, MAINTAINING,
AND OPERATING THE WATER DISTRIBUTION AND
SEWAGE COLLECTION SYSTEMS; AUTHORIZING AND
DIRECTING THE CITY CLERK TO RECORD SAID
DOCUMENT IN THE PUBLIC RECORDS OF BROWARD
COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Site Plan for the City Furniture Project located on the west side of
Hiatus Road just south of McNab Road (a copy of which is attached hereto in map form as
"Exhibit 1 ") was approved by City Commission on July 12, 2000; and
WHEREAS, the development of the City Furniture Project requires the installation of
the Water Distribution and Sewage Collection Systems; and
WHEREAS, an easement is required by City Code Section 22-191 for the Water
Distribution and Sewage Collection Systems required to serve the City Furniture Project;
and
Temp. Reso. #9183
October 16, 2000 2
WHEREAS, Advance Business Associates, L.L.P., 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 City Furniture 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 Advance Business Associates, L.L.P.,
for the City Furniture Project, required for the installation, maintenance and operation of the
Water Distribution and Sewage Collection Systems.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
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" (a copy of which is attached
hereto as "Exhibit 2") with Advance Business Associates, L.L.P., for the City Furniture
Project located on the west side of Hiatus Road just south of McNab Road, to allow legal
access by City Utility Personnel in performing their duties, including utility installation,
maintenance and operation.
SECTION 3: The City Clerk is hereby authorized and directed to record said
document in the Public Records of Broward County.
1
1
Temp. Reso. #9183
October 16, 2000 3
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 -;a day of ,
2000.
ATTEST:
mARIOK SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I have
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST 1: COMM. PORTNER�
DIST 2: COMM. MISHKIN.—. k--
DIST 3: COMM. SULTANOF�
DIST 4: VIM ROBERTS
"Exhibit 2"
TAMARAC UTILITIES
WATER AND SEWER UTILITY EASEMENT
FOR: City Furniture
NAME OF PROTECT
On this 6 day of June 2000, that Advance Business Associates LLP having an address
of 251 International Parkway, Sunrise, Florida 33325, 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 881"
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 laying, installing, maintaining, operating and altering of water
lines and appurtenant facilities with the water easement, sewer lines and appurtenant facilities within the sewer
easement as well as for surface water storm drainage, and for other comparable public utility purposes. All
facilities shall be installed underground to the maximum extent practical.
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, BellSouth, Sunrise Gas
or (or other power, phone or gas providers, if applicable) 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 the 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.
980605 2 Water and Sewer Utility Easement
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
(,-1 I+-;,ts5 F,1 GRANT Ad LncBusiness Associates L4P
(Partnership)
5�w _ By:
STATE OF FLORIDA
: SS
COUNTY OF AN „a
Type Name Kevin Koe
General P
f.
r
I HEREBY CERTIFY that an this day, before me, an officer duly authorized in the
State aforesaid and in the Coun aforesaid to take acknowledgments, personally
appeared J v; w IZWc me known to be the person(s)
described in and who Wecuted th6 foregoing instrument and .�� acknowledged
before me and under that /' j- executed the same.
WITNESS my hand and official seal this tgday of ria,,.X 1`
109A—.
.�P`_°�e ARNOLD A. BROWN
Comm. No. CC 571834
,. My Comm. Ex Oct.
•e p. 27, 2000
n, ; ' Banded thru Pichard Ins. Agcy
( Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or O DID NOT take an oath.
980605 - 3 Water and sewer utility Easement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
By:
Marion Swenson, CIVIC
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By: n-,-
Joe c reiber
Ma r
Date:
By -
Cam`
i Jeffrey L Ile
City Manager
City Clerk Date:
STATE OF FLORIDA
: SS L-eity Attorney
COUNTY OF I°,00410
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
o *� L.I UL-t to me known to be the person(s) described in and
who executed the foregoing instrument and �— acknowledged before me and
under oath that �, executed the same.
WITNESS my hand and official seal this day of—)�rcvftex
200D .
(::�� e�f �d�
NOTAot P BLIC State of Florida
at LargeLO;CIA SEALRY FLORII)AO775MOMPT 15
(Name of Notary Public: Print, Stamp,
(Personally known to me, or or Type as Commissioned)
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (A DID NOT take an oath
980605 4 Water and Sewer Utility Easement
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS-N OT
APPLICABLE
I, vie, 14 i & do hereby affirm that I am tj:te I G"er-4.( c
of u- +.e Ami! 5 ci GC,� and that I have exec
uted ed a T arac
Utilities Water and Sewer Easement with the City of Tamarac for E
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.
FUR
SAYETH NOT.
fie`► C°� n� (Signature) --
This & day of �_ U .
STATE OF FLORIDA ;
//��
: SS
COUNTY OF AravO-4 :
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid nd in the County aforesaid to take acknowledgments, personally
appeared W41VI lot 0'04 to. me known to be the person(s)
described in and who exec ed the foregoing instrument and _ JL'4,acknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this t c day of
0 ,
ARNOLD A. BROWN
Comm. No. CC 571834
r;' o
My Comm. Exp. Oct, 27, 2000
Bonded thru Pichard Ins. Agcy.
OF M
(�) Personally known to me, or,
( ) Produced Identification
NOTARY PIMttT, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( P DID take an oath, or ( ) DID NOT take an oath.
980605 5 Water and Sewer Utility Easement
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SCHWEBKE-SHISKIN & ASSOCIATES,INC.
LMD PLANNERS • fNCINBBRS * ARCBITlCTS • LAND SURMORS • 3240 CORPO UTR FAY • YIRIM, FLORIDA 33025
ORDER NO. 1601,90 eX 1 V17' 'A " PREPARED UNDER By 8UP�1iI� ..N......� r•B#8?'
DATE: 06-18-00
SECRETARY -TREASURER
THIS 13 NOT A "HAND SURVEY" ALFONSO C. TELLO, P.4S. #2978 (STATE OF FLORIDA)
Legal. Description of Overall City Funaiture Site:
POR776AIS OF TRACTS 5, 14 15 AND RW RESERVA77ONS IN THE NORTH 112 OF SECTION 7, TOWNSIliP 49 SOUTH,
RANGE 41 E45T, hoRla4 FRUIT LANDS COMPANY'S SUBD/V/ MN Na 2; ACCORDING TO THE PLAT 77LER£L7F, AS
RECORDED IN PLAT ROOK 1, AT PAGE 102, OF THE PUBLIC RECORDS OF PALM LTEACI! COUNTY, FLORIDq,- PARCEL A;
"GOULD SOUTH", ACCORDING TO THE PLAT 7HEREOF, AS RECORDED IN PLAT BOOK 159, AT PAGE 1I; PARCEL "C;
ISN PLAT ; ACCORDING TO THE PLOT THEREOF, AS RECORDED IN PLAT BOOK 154, AT PAGE 38, B07H OF THE
PUBVC RECORDS OF BROWARD COUN]Y, FZOR/QA ANd POR7701uS OF THE RIGHT Of WAY FOR N.W. 1061N AI/ENUE
(HL4TUS ROAD, AS SHOWN ON SAID " GOULD SOUTH" AND 11' & N PLAT9 S41D' LANDS LYING AND BEING ,W THE CITY
OF TAM•4R4C, BROWARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGIN AT THE SOUTHEAST CORNER THE NORTHWEST 1/4 OF SAND SECTION 7 THENCE RUN S89`19'.54V, ALONG
THE SOUTH LINE OF THE NORTHWEST 111/4 OF SAID SECTION 7, FOR 1519.67 FEET TO A POINT ON THE EASTERL y
OF THE PUBLIC RECORDS OF
RIGHT O1-WAY LEE OF THE SAWG1d4SS EXPRESSWAY, AS RECORDED IN OFRC& RECORDS BOOK 12196, AT PAGE 380,
BMWARD COUNTY FLORIDA (SAID POINT BEING ON A CURVE AND BE,4RS S 8D'13:i6-W
FROM THE RADIUS POINT OF THE NEXT DESCRIBED' CURVE); TTIEIVCE NORTHWESTERLY, ALONG A CIRCULAR L'URI� TO THE:
RIGHT, HAVING A RADIUS OF 750L 15 FEET AND A CENTRAL ANGLE OF 02'04'35", FOR AN ARC DISTANCE OF 271.84
FEET TO A POINT OF COMPOUND CURVA7URE,• THENCE CON7TNUE NORTHWESTERLY, ALONG A CIRCULAR CURVE To THE I
R1Gt/T, HAVING A OF
OF 11307,16 FEET AND A CENTRAL ANGLE OF Ol t�551; FOR AN ARC DISTANCE OF 348. >5
FEET, TO A POINT ON SAID CURVf, THENCE' N05i'43'W, FOR 298 05 FEEL; TO A POINT ON A CURVE, SAID POINT
BEARS 585'34 39'Vl, FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE (LAST MENTIONED 7HREE COURSES
BEw COINCIDENT IN PART WITH 771E WESTERLY BOUNDARY LINES OF 7HE AFOREMENTIONED PARCEL A; COULD
SOUTH; THENCE' NORTHWESTERLY AND NORTHERLY, ALONG A CIRCULAR CURVE TO 771E RIGHT HAVING A RADIUS OF
11309, 16 FEET AND A GEN7T2AL ANGLE OF 04,1156; FOR AN ARC DISTANCE OF 82B.79 FEET, TO A POINT OF
TANGENCY, THENCE NOO7325'11; FOR 249.68 FEET' (LAST MENTIONED RW COURSES' BEING COINCIDENT WTTH THE
EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID SAWGRA
BOUNDARY LINE
.SS E(PRESSWAY),' THENCE N8929'53". ALONG THE NORTH
CINE OF OF SAND TRACT 15, FOR 572.08 FEEL; THENCE S00'24 54'E; ALONG THE EASIER[ y E10UNgARY LINE OF
SAID TRACT 15, FOR 331.41 FEET THENCE N89'28"12� ALONG TILE NORTHERLY BOWNRY LINE OF SAID PARCEL A ;
"COULD SOUTH'; FOR 1016.64 FEET; THENCE $pO.44'4 fi"E, ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 1-,
'GOULD SOUTH", FOR 46JOI FEET, TO A POINT OF CURVA7URE THENCE SOUTHERLY AND SOUTHEASTERLY, ALONG A
CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 1008.00 FEET AND A CENNAL ANGLE OF 4139'30 , FOR AN ARC
DISTANCE OF 73289 FEET, TO A POINT OF TANGENCY 7HENCE S42'24'13 , FOR 61831 FEET TO A POINT OF
CURVA7URE' THENCE SOUTHEASTERLY, ALONG A CIRCULAR CURD TO 771E RIGHT; HAVING A RADIUS OF 9D2.00 FEET ,AND
A CENTRAL ANGLE OF 04'SB'06", FOR AN ARC DISTANCE OF 7822 FEET; TO A POINT ON SAID CURVE (LAST
MEIMONED THREE COURSES BEING C0/NCIDENT WnH 771E HESTERLY RM. -OF WAY LINE OF HIATUS ROdO); 771ENCE
58979 54'1f; ALONG THE SOUTH LINE OF THE" NORTHEAST 1/4 OF SAID SECTION 7, FOR 66226 FEET, TO ME POINT I
OF BEGINNING
Subject to vacation of the portions thereof that are currently publicly
dedicated roads
Exhibit "A"
Sheet 2 of 2 Sheets
3rm0WZ
• OF FA TER EASEMENT
CITY FURNITURE
FCITY OF TMWRAC, BROFA.RD CO. FLA.
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DATE: 7-7-2000 ORDER N° 182042 " f / File name: K:\074941\CityFurn\dwg\legals
SCHWEBKE-SHISKIN & ASSOCIATES, INC. LB # 87
LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025
SHT 1 OF 10 PHONE No.(954)435-7010 FAX No. (954)438-3288
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LEGAL DESCRIPTION TO ACCOMPANY SKETCH:
(WATER MAIN EASEMENT)
Portions of Parcel "A", "GOULD SOUTH", according to
the plat thereof, as recorded in Plat Book 159, at Page 11 of the Public Records of
Broward County, Florida, being strips of land, 15.00 feet in width, lying 7.50 feet on each
side of and parallel with the following described centerlines:
Commence at the Northeast comer of the aforementioned Parcel "A"; thence South
00 degrees 44 minutes 46 seconds East, along the Easterly Boundary of said Parcel "A",
for 33.28 feet, to the Point of Beginning of the following described centerline; thence
South 89 degrees 15 minutes 14 seconds West, at right angles to the last described
course, for 9.17 feet; thence North 00 degrees 31 minutes 48 seconds West, for 18.48
feet; thence North 45 degrees 31 minutes 48 seconds West, for 10.38 feet; thence South
89 degrees 28 minutes 12 seconds West, for 282.46 feet; .thence South 87 degrees 00
minutes 13 seconds West, for 241.98 feet, to a point to be hereinafter referred to, as Point
"A"; thence South 89 degrees 19 minutes 54 seconds West, for 249.31 feet, to a point to
be hereinafter referred to, as Point "B"; thence continue South 89 degrees 19 minutes 54
seconds West along the last mentioned course for 307.50 feet, to a point to be hereinafter
referred to, as Point "C"; thence continue South 89 degrees 19 minutes 54 seconds West
along the last mentioned course for 226.81 feet: thence South 45 degrees 00 minutes 00
seconds West, for 6.90 feet; thence South 00 degrees 40 minutes 06 seconds East, for
255.89 feet, to a point to be hereinafter referred to, as Point "D"; thence continue South
00 degrees 40 minutes 06 seconds East, along the last mentioned course, for 299.28 feet,
to a point to be hereinafter referred to, as Point "E"; thence continue South 00 degrees 40
minutes 06 seconds East, along the last mentioned course, for 206.92 feet, to a point to be
hereinafter referred to, as Point "F"; thence continue South 00 degrees 40 minutes 06
seconds East, along the last mentioned course, for 93.78 feet, to a point to be hereinafter
referred to, as Point "G"; thence continue South 00 degrees 40 minutes 06 seconds East,
along the last mentioned course, for 299.10 feet, to a point to be hereinafter referred to, as
Point "H"; thence continue South 00 degrees 40 minutes 06 seconds East, along the last
mentioned course, for 141.50 feet; thence South 45 degrees 46 minutes 44 seconds East,
for 49.52 feet; thence South 00 degrees 40 minutes 06 seconds East, for 30.25 feet, to a
point to be hereinafter referred to, as Point "I"; thence continue South 00 degrees 40
minutes 06 seconds East, along the last mentioned course, for 112.96 feet; thence South
45 degrees 00 minutes 00 seconds East, for 18.23 feet; thence North 89 degrees 19 minutes
54 seconds East, for 28.93 feet, to a point to be hereinafter referred to, as Point "J";
thence continue North 89 degrees 19 minutes 54 seconds East, along the last mentioned
course, for 342.42 feet, to a point to be hereinafter referred to, as Point "K"; thence
continue North 89 degrees 19 minutes 54 seconds East, along the last mentioned course,
for 318.94 feet, to a point to be hereinafter referred to, as Point "L"; thence continue
North 89 degrees 19 minutes 54 seconds East, for 26.01 feet; thence North 45 degrees 06
minutes 37 seconds East, for 6.82 feet: thence North 00 degrees 40 minutes 06 seconds
West, for 124.87 feet, to a point to be hereinafter referred to, as Point "M"; thence
continue North 00 degrees 40 minutes 06 seconds West, along the last mentioned course,
for 44.88 feet; thence North 44 degrees 19 minutes 54 seconds East, for 7.07 feet; thence
ORDER N2 182042 File name: K:\074941 \CityFurn\dwg\legals
SCHWEBKE—SHISKIN & ASSOCIATES, INC. LB # 87
LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025
SHT 6 OF 10 PHONE No_(954)435-7010 FAX No. (954)438-3288 4
LEGAL DESCRIPTION TO ACCOMPANY SKETCH:
(WATER MAIN EASEMENT)
North 89 degrees 19 minutes 54 seconds East, for 45.00 feet; thence North 44 degrees 19
minutes 54 seconds East, for 7.07 feet: thence North 00 degrees 40 minutes 06 seconds
West, for 78.40 feet, to a point to be hereinafter referred to, as Point "N"; thence continue
North 00 degrees 40 minutes 06 seconds West, along the last mentioned course, for
300.00 feet, to a point to be hereinafter referred to, as Point "0"; thence continue North
00 degrees 40 minutes 06 seconds West, along the last mentioned course, for 300.00 feet,
to a point to be hereinafter referred to, as Point "P"; thence continue North 00 degrees 40
minutes 06 seconds West, along the last mentioned course, for 138.09 feet, to a point to
be hereinafter referred to, as Point "Q"; thence continue North 00 degrees 40 minutes 06
seconds West, along the last mentioned course, for 154.37 feet, to a point to be
hereinafter referred to, as Point "R"; thence continue North 00 degrees 40 minutes 06
seconds West, along the last mentioned course, for 5.47 -feet; thence North 45 degrees 06
minutes 37 seconds East, for 6.94 feet; thence North 89 degrees 15 minutes 16 seconds
East, for 468.34 feet; thence South 44 degrees 50 minutes 08 seconds East, for 35.70 feet;
thence South 00 degrees 44 minutes 46 seconds East, for 94.61 feet to a Point of
Curvature; thence Southeasterly, along a circular curve to the left, having a radius of 1015.50
feet and a central angle of 04 degrees 06' minutes 46 seconds, for an arc distance of 72.90
feet, to a point to be hereinafter referred to, as Point "S"; thence continue Southeasterly,
along said circular curve to the left, having a radius of 1015.50 feet and a central
angle of 00 degrees 41 minutes 50 seconds, for an arc distance of 12.36 feet to a point on
said curve; thence North 84 degrees 01 minutes 16 seconds East, radial to the last described
curve, for 7.50 feet to the Point of Termination of said centerline (Said Point of
Termination being on the Westerly Right -of -Way line of HIATUS ROAD).
NOTE: The sidelines of this easement are to be shortened or lengthened as
required at the Point of Termination, so as to intersect the Westerly Right -of -Way
line for HIATUS ROAD.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS:
Begin at the aforementioned Point "B"; thence North 00 degrees 40 minutes 06 seconds
West, for 18.51 feet; thence North 89 degrees 28 minutes 12 seconds East, along the
Northerly Boundary of said Parcel "A", for 29.50 feet; thence South 00 degrees 40
minutes 06 seconds East, for 18.44 feet; thence South 89 degrees 19 minutes 54
seconds West, for 29.50 feet, to the Point of Beginning.
AND
ORDER N' 182042 File name: K:\074941 \CityFurn\dwg legals
SCH"BKE—SHISM & ASSOCIATES, INC. LB # 87
LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY---MIRAMAR, FL 33025
SHT 7 OF 10 PHONE No.(954)435-7010 FAX No. (954)438-3288
LEGAL DESCRIPTION TO ACCOMPANY SKETCH:
' (WATER MAIN EASEMENT)
Begin at the aforementioned Point "M"; thence South 89 degrees 19 minutes 54
seconds West, for 20.00 feet, thence North 00 degrees 40 minutes 06 seconds West, for 4.87
feet; thence South 89 degrees 19 minutes 54 seconds West, for 8.00 feet; thence North 00
degrees 40 minutes 06 seconds West, for 10.13 feet; thence North 89 degrees 19 minutes
54 seconds East for 28.00 feet; thence South 00 degrees 40 minutes 06 seconds East, for
15.00 feet to the Point of Beginning of said centerline.
ALSO TOGETHER WITH:
Strips of land, 15.00 feet in width, lying 7.50 feet on each side of and parallel with the
following described centerlines:
Begin at the aforementioned Point "A"; thence North 00 degrees 40 minutes 06
seconds West, for 17.91 feet, to a point on the Northerly Boundary of said Parcel "A" and
the Point of Termination of said centerline.
NOTE: The sidelines of this easement are to be lengthened or shortened as
required at the Point of Termination, so as to intersect the Northerly Boundary of said
Parcel "A".
AND
Begin at the aforementioned Point "C"; thence North 00 degrees 40 minutes 06
seconds West, for 19.26 feet, to a point on the Northerly Boundary of said Parcel "A" and
and the Point of Termination of said centerline.
NOTE: The sidelines of this easement are to be lengthened or shortened as
required at the Point of Termination, so as to intersect the Northerly Boundary of said
Parcel "A".
AND
Begin at the aforementioned Point "D"; thence South 89 degrees 19 minutes 54
seconds West, for 30.00 feet, to the Point of Termination of said centerline.
AND
Begin at the aforementioned Point "E"; thence South 89 degrees 19 minutes 54
seconds West, for 30.00 feet, to the Point of Termination of said centerline.
AND
ORDER N° 182042 File name: K:\O74941\CityFum\dwg\1ega1s
SCHWEBKE—SHISKIN & ASSOCIATES— ;° .INC. LB # B7
LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY--MIRAMAR, FL 33025
SHT 8 OF 10 PHONE No.(954)435-7010 FAX No. (954)438--3288
LEGAL DESCRIPTION TO ACCOMPANY SKETCH:
(WATER MAIN EASEMENT)
Begin at the aforementioned Point "F"; thence North 89 degrees 19 minutes 54
seconds East, for 82.83 feet, thence North 00 degrees 40 minutes 06 seconds West,
for 32.51 feet to the Point of Termination of said centerline.
AND
Begin at the aforementioned Point "G"; thence South 89 degrees 19 minutes 54
seconds West, for 30.00 feet, to the Point of Termination of said centerline.
AND
Begin at the aforementioned Point "H"; thence South 89 degrees 19 minutes 54
seconds West, for 30.00 feet, to the Point of Termination of said centerline.
AND
Begin at the aforementioned Point "I"; thence North 89 degrees 19 minutes 54
seconds East, for 50.96 feet, to the Point of Termination of said centerline.
AND
Begin at the aforementioned Point "J"; thence North 00 degrees 40 minutes 06
seconds West, for 18.40 feet, to the Point of Termination of said centerline.
AND
Begin at the aforementioned Point "K'; thence South 00 degrees 40 minutes 06
seconds East, for 31.00 feet; thence North 89 degrees 19 minutes 54 seconds East, for
14.51 feet, to the Point of Termination of said centerline.
AND
Begin at the aforementioned Point "L": thence North 00 degrees 40 minutes 06
seconds West, for 18.75 feet, to the Point of Termination of said centerline.
AND
Begin at the aforementioned Point "N"; thence South 89 degrees 19 minutes 54
seconds West, for 38.00 feet, to the Point of Termination of said centerline.
AND
ORDER N° 182042 File name: K:\074941\CityFurn\dwg\Ie2aIs
SCHWEBKE—SHISKIN & ASSOCIATES, INC. LB # 87
LAND SURVEYORS--ENGINEERS--LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025
SHT 9 OF 10 PHONE No.(954)435-7010 FAX No. (954)438-3288
LEGAL DESCRIPTION TO ACCOMPANY SKETCH:
(WATER MAIN EASEMENT)
Begin at the aforementioned Point "O"; thence South 89 degrees 19 minutes 54 seconds
West, for 38.00 feet, to the Point of Termination of said centerline.
Begin at the aforementioned Point "P"; thence South 89 degrees 19 minutes 54 seconds
West, for 38.00 feet, to the Point of Termination of said centerline.
Begin at the aforementioned Point "Q"; thence North 89 degrees 19 minutes 54 seconds
East, for 23.50 feet, to the Point of Termination of said centerline.
AND
Begin at the aforementioned Point "R"; thence South 89 degrees 19 minutes 54 seconds
West, for 38.00 feet, to the Point of Termination of said centerline.
:►0
Begin at the aforementioned Point "S"; thence South 85 degrees 13 minutes 23 seconds
West, for 9.00 feet, to the Point of Termination of said centerline.
All of the above lying and being in Section 07, Township 49 South, Range 41
East, City of Tamarac, Broward County, Florida.
NOTES: 1) Bearings shown hereon refer to an assumed South 00 degrees 44
minutes 46 seconds East, along a portion of the Westerly Right -of -Way for HIATUS ROAD.
2) The sidelines of this easement are to be shortened or lengthened as
required, so as to create a continuous 15 foot wide strip of land.
3) It is intended that the easement(s) described herein coincide with the actual
utility facility(s) as installed. In the event of a conflict, the easement(s) described herein
shall automatically be deemed shifted so as to coincide as aforestated and new easement(s)
will be prepared on request of the City of Tamarac. _
ORDER N° 182042 File name: K:\074941\CitvFurn
SHT 10 OF 10
M1
1rl1 VZ 3P
OF SEWER EASEMENT
CITY FURNITURE
CITY OF TAAIARAC, BROWARD CO. FLA.
PAC
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PARan "A"
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WESTPONT SECTION 7 PLAT
TRACT 11' (PA VA Pa 23)
PREPARED UNDER UPERVISIO
ALFONSO C. TELLO SECRETARY-TRESURER
FLA. PROF. LAND SURVEYOR N'
DATE; 07-07-00
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ORDER N° 182042—A
— —VW— DENOTES
RIGHT—OF—WAY
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LEGAL DESCRIPTION TO ACCOMPANY SKETCH
(SANITARY SEWER MAIN EASEMENT)
Portions of Parcel "A", "GOULD SOUTH", according to
the plat thereof, as recorded in Plat Book 159, at Page 11, of the Public Records of
Broward County, Florida, being strips of land 20.00 feet in width, lying 10.00 feet on
each side of and parallel with the following described centerlines:
Commence at the Northeast corner of the aforementioned Parcel "A"; thence run South
00 degrees 44 minutes 46 seconds East, along the Easterly Boundary of said Parcel "A",
for 331.15 feet to the Point of Beginning of the following described centerline; thence
South 89 degrees 15 minutes 14 seconds West at right angles to the last described course
for 5.02 feet; thence North 54 degrees 38 minutes 09 seconds West for 27.14 feet; thence
South 89 degrees 15 minutes 16 seconds West, for 557.19 feet, to a point to be
hereinafter referred to, as Point "A"; thence North 00 degrees 40 minutes 06 seconds
West, for 268.83 feet; thence South 89 degrees 19 minutes 54 seconds West, for 688.00
feet; thence South 00 degrees 40 minutes 06 seconds East, for 1210.00 feet, to the Point
of Termination of said centerline.
TOGETHER WITH:
Begin at the aforementioned Point "A"; thence South 00 degrees 40 minutes 06 seconds
East, for 790.00 feet, to the Point of Termination of said centerline.
NOTE: 1) The sidelines of this easement are to be shortened or lengthened as
required, so as to create a continuous 20.00 foot wide strip of land.
2) The sideline of this easement at the Point of Beginning are to be lengthened
or shortened so as to intersect the Easterly Boundary of said Parcel "A"
3) Bearings shown hereon refer to an assumed South 00 degrees 44 minutes
46 seconds East, along a portion of the Westerly Right -of -Way for HIATUS ROAD.
4) It is intended that the easement(s) described herein coincide with the actual
utility facility(s) as installed. In the event of a conflict, the easement(s) described herein
shall automatically be deemed shifted so as to coincide as aforestated and new easement(s)
will be prepared on request of the City of Tamarac.
ORDER N° 182042—A File name: K:\074941\CitvFum\dwa\leaals
SHT 4 OF 4
OPINION OF TITLE
TO: City of Tamarac, a political subdivision of the State of Florida
With the understanding that this opinion of title is furnished to
CITY OF TAMARAC, FLORIDA, and as an inducement for acceptance of a
Public Utility Easement, Water and Sewer Utility Easement, Blanket
Public Safety Ingress/Egress Easement and Utility Easement
Encroachment and Hold Harmless Agreement pertaining to all or portions
of the real property hereinafter described, it is hereby certified
that we have examined Commonwealth Land Title Insurance Company
Commitment No. FM786009 bearing an effective date of December 14, 1999
at 6:00 A.M. and Attorneys Title Insurance Fund computer printouts of
title through September 12, 2000 at 11:00 P.M. of the following
described real property:
See Exhibit "A" attached hereto and made a part hereof.
Basing our opinion solely on said title insurance commitment and
computer printouts covering said period, we are of the opinion that on
the last mentioned date the fee simple title to the above described
real property was vested in Advance Business Associates LLP .
Subject to the following encumbrances, liens and other
exceptions:
GENERAL EXCEPTIONS
1. All taxes for the year in which this opinion is rendered and
prior years.
2. Rights of persons other than the above owners who are in
possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics' or materialmens' liens.
5. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS
See Title Schedule -Tamarac attached hereto and made a part
hereof.
Therefore it is our opinion that the following party is the
proper party to sign the above described documents pertaining to the
above described real property.
NAME
Advance Business
Associates LLP
Owner
SPECIAL EXCEPTION
NUMBER
Not Applicable
No mortgages encumber the Exhibit "A" property. Further, each of
Keith Koenig and Kevin Koenig is a partner of Advance Business
Associates LLP, and either of them, acting alone, may bind the
partnership.
We certify that the legal description contained in this Opinion
276906.03
r s
of Title coincides with, and is the same as, the legal description in
the proffered documents, or that the lands described in the proffered
documents are wholly included within the lands described by the legal
description attached to this Opinion of Title.
I, the undersigned, further certify that I am an attorney -at -law
duly admitted to practice in the State of Florida, and am a member in
good standing of the Florida Bar.
Respectful submitted this 7 -� day
of 2000.
BILZIN SUMBERG DUNN PRICE & AXELROD LP
2500 First Union Financial Center
Miami, Florida 33131-2336
Phone: (305) 374-7580
A old A. wn, Esq.
276906.03 2
r
m
Legal Description of Overall City Fiiixliture Site;
PORTIONS OF TRACTS 5, 14, 15 AND RDAD RESERVATIONS IN THE NORTH 1/2 OF SECTION 7 TOWNSHIP 49 SOUTH,
RANGE 41 fi45]; FLORIa4 FRUIT LANDS COMPANY'S SUBDIVISION NO 2, ACCORDING TO T//£ PLAT THEREOF, AS
RECORDED IN PLAT BOOK 1, AT PACE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, PARCEL ;4",
COULD SOUTH; ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 159, AT PAGE I /, PARCEL C;
S do N PLAT ; ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 154, AT PAGE 38, BOTH OF THE
PUBLIC RECORDS Of SHOWN
' RD COUNTY, FLORIDA AND PORTIONS OF THE RIGHT-OF-WAY FOR N.W. f061N At�ENUE
(HIATUS R[7A0, A5 SHOWN ON SAID RO
" GOULD SOUTH" AND S do N PLAT"), S41D LANDS LYING AND BEING IN THE CITY
OF TAMARAC, 8ROWARD COUNTY, FLORID4 AND BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS.
BEGIN AT THE SOUTHEAST CORNER Of THE NORTHWEST 1/4 OF SAID SECTION 7, THENCE RUN SB9'19'S411; ALONG
THE SOUTH LINE OF 171E NpRITlW£ST 1/4 OF S4/D SECTION 7, FOR 1519.67 FEET, TO A POINT ON THE EASTERLY
RIGHT-OF-WAY LINE OF THE S4WGRASS EXPRESSWAY, AS RECORDED IN OF
RECORDS BOOK 12HE AT PAGE 380,
OF THE PUBLIC RECORDS OF BROW.ARD COUNTY, ROR/aq (-%D POINT BEING ON A CURVE AND BEARS S 6'0'13J6lY,
FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE), THENCE" NORTHWESTERLY, ALONG A CIRCULAR CURVE TQ THE
RIGHT, HAVING A RADIUS OF 7501.15 FEET AND A CENTRAL ANGLE Of 02'04 35; FOR AN ARC DISTANCE OF 271.84
FEET; TO A POINT OF COMPOUND CURVATURE, RIGHT HAVING A THENCE CONTINUE NORTHWESTERLY, ALONG A CIRCULAR CURI/£ TO THE I
RADIUS OF I IJOZ 15 FEET ,AND A CENTRAL ANGLE OF 0145'51 ", FOR AN ARC DISTANCE OF 348.15
FEET, TO A POINT ON SAID CURVE, THENCE N0533'43'W, FOR 298.05 FEET, TO A POINT ON A CURVE SAND PO/N]"
BEARS SB5'34'39'l{; FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE (LAST MENTIONED THREE COURSES
BEING COINCIDENT IN PART WITH 7HE WESTERLY BOUNDARY LINES OF TtIE AfOREMENTIONFD PARCEL A; GOULD
SOUTtl "' 7HENCE NORTHWESTER[ Y AND IVORTHERL Y, ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING A I?A7/US OF
11309.16 FEET AND A CENTRAL ANGLE OF 04'1156 ; FOR AN ARC DISTANCE OF 828 79 FEET, TO A POINT pf
TANGENCY,• THENCE NOO`13'25-W,, FOR 249.68 FEET (LAST MENTIOA�ED FINE' COURSES BEING COINCIDENT WITH THE
EASTERLY RIGHT -Of -WAY LINE OF THE AFORESAID SAWGRASS EXPRESSWAYj, Ttl£NCE N8929 BOUNDARY 53 £ ALONG TtIE NOBOUNDARY LINE OF SA/D TRACT 15, FOR 572.08 FEET, THENCE SOO'24'S4 E ALONG THE EAST£l?LY BOUNDARY LINE OF
SAND TRACT 15, FOR 331.41 FEET, THENCE N89'28'12 E ALONG TtIE NORTHERLY BOUNDARY LlN£ pF SAID p4RCEL A;
"GOUL0 SOUTH' FOR 101654 FEET, THENCE S00'44'45Z ALONG THE EASTERLY BOUNDARY OF Sq/D PARCEL A;
"COULD SDUTH" FOR 463.01 FEET, TO A POINT OF CURVATURE,• THENCE SOUTHERLY AND SOUTHEASTERLY, ALONG A
CIRCULAR CURVE TO TtIE LEFT, HAVING A RADIUS OF 1008.00 F
DISTANCE £EY AM A CENTRAL ANGLE OF 413930", FOR AN ARC
TANCE OF 732.89 FEET, TO A POINT OF TANGENCY,• THENCE 54224'13'E, FOR 61831 FEE% TO A POINT OF
CURVATURE, THENCE SOUTHEASTERLY, ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 902.00 FEET AND
A CENTRAL ANGLE OF 04'58'06" FOR AN ARC DISTANCE OF 78.22 FEET, TO A POINT ON S4J9 CURVE (LAST
MENTIONED THREE COURSES BEING COINCIDENT WITH TH WESTERLY Rl6Hl�pf WAY LINE OF HIATUS ROADJ, 1""HENCE
589'19 54'lf; ALONG 1HE SOUTH LINE OF 7H£ NORTHEAST 1/4 OF .SAID 5ECTlON 7, FOR 66226 fEE7; TO THE POINT I
Of BEGINNING:
Exhibit "A"
TITLE SCHEDULE -Tamarac
1. Restrictions, dedications, easements, and non -vehicular
access lines as set forth on the plat of Gould South, recorded in Plat
Book 159, Page 11, of the Public Records of Broward County, Florida
(as to the Hoyt parcel).
2. Canal reservations in favor of the Trustees of the Internal
Improvement Fund, recorded in Deed Book 46, Page 240, of the Public
Records of Miami -Dade County, Florida, as partially released by Quit
Claim Deed recorded in Official Records Book 8865, Page 347, and in
Official Records Book 6781, Page 801, both of the Public Records of
Broward County, Florida (as to all of the Caplan and Lwin parcels, as
well as the South 15 feet of, and the East 15 feet lying south of
Hiatus Road of, the Hoyt parcel).
3. Drainage and canal reservations in favor of the Trustees of
the Internal Improvement Fund recorded in Deed Book 32, Page 404, as
partially released by Quit Claim Deed .recorded in Official Records
Book 8865, Page 345, both of the Public Records of Broward County,
Florida (as to that part of the Hoyt Parcel lying within Tract 12,
limited to the South 15 feet and the East 15 feet lying southerly of
Hiatus Road).
4. Drainage and canal reservations in favor of the Trustees of
the Internal Improvement Fund recorded in Deed Book 64, Page 233, as
partially released in Official Records Book 8865, Page 343, both of
the Public Records of Broward County, Florida (as to that part of the
Hoyt parcel lying within Tract 11, limited to the east 15 feet).
5. Easement for roadway, ingress, egress and drainage recorded
in Official Records Book 3881, Page 447, of the Public Records of
Broward County, Florida (as to the Hoyt parcel).
6. Covenants, conditions and restrictions, which include a lien
in favor of Broward County that takes priority over mortgages, as set
forth in Road Impact Agreements recorded in Official Records Book
22734, Page 88 of the Public Records of Broward County, Florida (as to
the Hoyt parcel).
7. Public Utility Easements in favor of the City of Tamarac,
recorded in Official Records 29687, Page 1353 (as to the Caplan
parcel), in Official Records Book 26759, Page 917, and in Official
Records Book 30267, Page 709, re -recorded as part of Official Records
Book 30562, Page 676, and Official Records Book 30571, Page 862 (as to
the Lwin parcel), as contained in Resolution attached to Quit Claim
Deed recorded in Official Records Book 29988, Page 1780 (as to the
Caplan parcel), and as contained in Deed recorded in Official Records
Book 30562, Page 676, re -recorded in Official Records Book 30571, Page
862 (as to a portion of the Lwin parcel), all of the Public Records of
Broward County, Florida.
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8. Ordinance #86-75 recorded in Official Records Book 14030,
Page 499, of the Public Records of Broward County, Florida (as to all
parcels).
9. Restrictions (regarding use) shown on the Plat of "S. & N.
Plat", according to the plat thereof recorded in Plat Book 154, Page
38, of the Public Records of Broward County, Florida (as to a portion
of the Caplan parcel).
10. Reservations in favor of the State of Florida, Department of
Transportation, in phosphates, minerals, metals and petroleum, and the
right to drill, mine or develop same, as set forth in Deed recorded in
Official Records Book 29963, Page 632, of the Public Records of
Broward County, Florida, in respect of which any Florida Form 9
coverage shall be inapplicable. Also, restriction on transmission or
receiving devices as set forth in said Deed. Affects DOT parcel only.
11. The effects of North Section 7 Special Assessment and storm
water drainage assessments, which are not delinquent.
12. Covenants, conditions, restrictions and easements set forth
in unrecorded Conservation Easement.
13. Covenants, conditions and restrictions set forth in Water
and Sewer Developer's Agreement with City of Tamarac recorded in
Official Records Book 30726, Page 578, of the Public Records of
Broward County, Florida.
14. Covenants, conditions, restrictions and easements set forth
in unrecorded Public Utility Easement, Water and Sewer Utility
Easement, Blanket Public Safety Ingress/Egress Easement and Utility
Easement Encroachment and Hold Harmless Agreement in favor of the City
of Tamarac.
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