HomeMy WebLinkAboutCity of Tamarac Resolution R-88-186Temp. Reso. #5093
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88-
A RESOLUTION APPROVING AND ACCEPTING A
TAMARAC UTILITIES WEST WATER AND SEWER
UTILITY EASEMENT OFFERED BY WATER PLACE
ASSOCIATES LIMITED PARTNERSHIP FOR THE
WATER PLACE 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 offered by water Place Associates
Limited Partnership for the Water Place 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 this.4P day of �1i� 1988.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
RICHARD OODY
CITY ATTORNEY
NORMAN A MOWITZ
MAYOR
RECORD OF COUNCIL VOTE "
MAYOR
ABRAMOWITZ-�
DISTRICT 1:
C/M ROHR
DISTRICT 2:
V/M STELZER
DISTRICT 3:
C/M HOFFMAN r-
DISTRICT 4:
C/M BENDER
TAMARAC UTILITIES WEST
WATER AND SEVER UTILITY EASEMENT
On this l`� day of 198J,
Water Place Associates
Limited Partnership having an address of 701 W. Cypress Creek
_ Road, Ft. Laud, FL 33309 _.— , (hereinafter "Grantor"), expressly grants
an easement to the City of Tamarac, a municipal corporation of the
State of Florida, having an address at 5811 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 "S" 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.
0
REV.10/26/87
-1-
Grantee's right to utilize the easement area shall be exclusive
to the extent that Grantor shall grant no easement or license, nor mako
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 American 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 Ripon
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.
-2-
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(-88y/f�
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, sealed and
delivered in the presence of:
- Witness Michael D. Lavery
witness Barbara E. Benson
-3-
(GRANTOR
i�
Water Place Associates Limited Partnership
By: Richard L. Danner - General Partner
0
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
acknowledgements, personally appeared 'i i ? v
to me known to be the person described in and who executed the fore-
going instrument and kc,, acknowledged before me that w-e- executed
the same.
WITNESS my hand and official seal in the County and State last
aforesaid this ✓�� day of - ��'�\
(jotary Public
tiota,y pL!t;iic, State of Florida at Large
lily COnunission Expires: My Commission Expires May 6, 1990
Sonded thr,a Huckleberry, Sibley &
Harvey insurance and Bonds, Inc;
signed, sealed and i
delivered in the presence of: (GRANTEE)
r�
CITY OF TAMARAC
ttested: City Hager z-fo-N P �`cy
AttesteCity C1erkCVR0L- F•
Al0R/ AI, 1� ,4Sat,4M o w rr�
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Easement Document,
k1T
CY ATTORNEY R��4 a �ooDy
-4-
11
--� - 8 y- /n I
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
acknowledg ments, person4,�..1 y appeared
to me known to be the ,person desc bed in and who executed the fore-
going instrument and acknowledged before me that_ executed the
same.
WITNESS my hand and seal -a Fort Lauderdale, Broward County,
Florida, this �'� day of � -K e • 198-o•
Notary Public
tidy Commission Expires:
TUN/W&SUT. ESMT.
11
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NOTARY PUBLIC STATE OF FLORIDA
MY OMISSION ERP SEPT 17,1990
BONDED TPFJ 6E9ERAL INS. UND.
MIM
Revised 8/20/87
-� - se-ud
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EXHIBIT "A"
LEGAL DESCRIPTION
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PARCEL 1: Tract 75, of WOODMONT 74 & 75,
according to the Plat thereof, as recorded
in Plat Book 108, Page 39 of the Public
Records of Broward County, Florida.
PARCEL 2: Parcel "B", of WOODMONT BLOCK
30, according to the Plat thereof, as
recorded in Plat Book 123, Page 18, of the
Public Records of Broward County, Florida.
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EXHIBIT "B"
&sc -Zi.ne land cS-u2vetJots, -qnc. 6140 N.W. 11th Street • Sunrise, Florida 33313
LEGAL DESCRIPTION OF EASEMENT FOR SANITARY SEWER AND WATER DISTRIBUTION
AT WATERPLACE
Being a portion of Tract 75, WOODMONT 74 & 75, according to the Plat thereof, as
recorded in Plat Book 108, at Page 39, of the Public Records of Broward County,
Florida, being more fully described as follows:
Commencing at the Northeast corner of said Tract 75, said point lying on the arc
of a curve, concave to the Northwest, (A radial line at said point bears North
89 47144" East), thence S 0 12'16" E, along the Easterly line of said Tract 75,
for 237.94 feet to the Point of Beginning of said Easement, thence continue S 0
12'16" E for 23.70 feet, thence S 57 20'32" W for 53.37 feet, thence N 79 03'39" W
for 84.0 feet, thence S 10 56'21" W for 12.5 feet, thence S 79 03'39" E for 13.0
feet, thence S 10 56'21" W for 15.0 feet, thence N 79 03'39" W for 13.0 feet,
thence S 10 56'21" W for 39.10 feet, thence S 79 03'39" E for 10.5 feet, thence
S 10 56'21" W for 15.0 feet, thence N 79 03'39" W for 10.5 feet, thrice S 10 56'21" W
for 496.76 feet, thence S 36 27'03" W for 31.35 feet, thence S 10 56'21" W for
3.95 feet, thence S 79 03'39" E for 15.0 feet, thence S 10 56'21" W for 15.0 feet
thence N 79 03'39" W for 15.0 feet, thence S 10 56'21" W for 116.5 feet, thence
S 79 03'39" E for 24.0 feet, thence S 10 56'21" W for 15.0 feet, thence N 79 03'39" W
for 24.0 feet, S 10 56'21" W for 8.72 feet, thence S 59 31'43" E for 87.43 feet,
thence S 30 28'17" W for 15.0 feet, thence N 59 31'43" W for 88.12 feet, thence
S 57 22'27" W for 40.05 feet, thence N 87 41'24" W for 57.36 feet, thence S 2 18'36" W
for 15.0 feet, thence N 87 41'24" W for 15.0 feet, thence N 2 18'36" E for 15.0 feet,
thence N 87 41'24" W for 21.51 feet, thence S 36 27'03" W for 117.76 feet, thence
S 53 32.'57" E for 43.0 feet, thence S 36 27'03" W for 15.0 feet, thence N 53 32'57" W
for 43.0 feet, thence S 36 27'03" W for 109.0 feet, thence S 53 32'57" E for 36.65 feet,
thence S 87 41'24" E for 94.20 feet, thence S 2 18'36" W for 15.50 feet, to a point
on the South line of said Tract 75, thence N 87 41'24" W, along the said South line
for 15.0 feet, thence N 2 18'36" E for 0.50 feet, thence N 87 41'24" W for 83.80 feet,
thence N 53 32.'57" W for 208.75 feet, to a point on the West line of said Tract 75,
thence N 36 27'03" E, along said West line for 15.0 feet, thence S 53 32'57" E for
152.50 feet, thence N 36 27'03" E for 206.0 feet, thence N 53 32'57" W for 32.0 feet,
thence N 36 27'03" E for 15.0 feet, thence S 53 32'57" E for 32.0 feet, thence N 36
27'03" E for 28.71 feet, thence S 87 41'24" E for 12.96 feet, thence N 2 18'36" E for
41.3 feet, thence S 87 41'24" E for 15.0 feet, thence S 2 18136" W, for 41.3 feet
thence S 87 41'24" E for 69.13 feet, thence N 57 22'27" E for 36.72 feet, thence
N 10 56'21" E for 129.81 feet, thence S 36 27'03" W for 178.09 feet, thence N 53 32'
57" W for 20.0 feet, thence N 36 27'03" E for 180.60 feet, thence N 53 32'57" W for
36.0 feet, thence N 36 27'03" E for 15.0 feet, thence S 53 32'57" E for 36.0 feet,
thence N 36 2.7'03" E for 24.4 feet, thence N 10 56'21" E for 171.45 feet, thence
N 79 03'39" W for 29.0 feet, thence N 10 56'21" E for 15.0 feet, thence S 79 03'39" E
for 29.0 feet, thence N 10 56'21" E for 35.6 feet, thence N 79 03'39" W for 8.50
feet, thence N 10 56'21" E for 15.0 feet, thence S 79 03'39" E for 8.50 feet, thence
N 10 56'2.1" E for 129.0 feet, thence N 79 03'39" W for 27.0 feet, thence N 10 56'21" E
for 15.0 feet, thence S 79 03'39" E for 27.0 feet, thence N 10 56'21" E for 180.2
feet, thence N 79 03'39" W for 27.0 feet, thence N 10 56121" E for 15.0 feet, thence
S 79 03'39" E for 27.0 feet, thence N 10 56'21" E_for 77.8 feet, thence N 79 03'39" W
for 7.5 feet, thence N 10 56'21" E for 15.0 feet, thence S 79 03'39" E for 7.5 feet,
thence N 10 56'21" E for 66.4 feet, thence N 79 03'39" W for 11.0 feet, thence N 10
56121" E for 15.0 feet, thence S 79 03'39" E for 11.0 feet,thence N 10 56'21" E for
153.0 feet, thence N 79 03'39" W for 34.0 feet, thence N 10 56'21" E for 15.0 feet,
thence S 79 03'39" E for 34.0 feet, thence N 10 56'21" E for 69.0 feet, thence N 58
00'00" E for 113.0 feet, thence N 35 27'2.6" E for 85.60 feet, to a point on the
SHEET 1 OF 6
YAWN CHD, IFS . DATE
BY I HEREBY CERTIFY THAT THE ATTACHED SKETCH 8DESCRIPTION
Y
OF THE HEREON DESCRIBED PROPERTY IS ?RUE AND CORRECT
DATE REVISIONS F. B. BY CHID, TO THE BEST OF MY KNOWLEDGE AND BELIEF AS RECENTLY
SURVEYED UNDER MY DIRECTION AND SUPERVISION. I
FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM
TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE
OF FLORIDA (CHAPTER 21 HH-f F.A.C.) PURSUANT TO SECTION
472.07, FLORIDA STATUES.
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O THIS DRAWING 6NOT ALID UNLESS IT BEARS
a EMBDSSED SEAL OF APPLICABLE SURVEYOR . JOHN A. LIN pSTE DT, PRIES.
REGISTERED LAND SURVEYOR
(D SURVEY WAS NOT ABSTRACTED FOR EASEMENTS STATE OF FLORIDA 2409
OR RIGHTS -OF -WAY OF RECORD BY BASE LINE.
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LEGAL DESCRIPTION OF EASEMENT FOR SANITARY SEWER AND WATER DISTRIBUTION
AT WATERPLACE (CONTINUED)
0
Easterly line of said Tract 75, thence S 0 12'16" E along said Easterly line for
25.73 feet, thence S 35 27'26" W for 67.69 feet, thence S 58 00'00" W for 109.46
feet, thence S 10 56'21" W for 17.35 feet, thence S 79 03'39" E for 89.5 feet,
thence N 57 20'32" E for 58.09 feet to the Point of Beginning.
Said lands lying and being in the City of Tamarac, Broward County, Florida.
Bearings shown hereon are relative to.Record Plat of WOODMONT 74 h 75, (Plat
Book 108, Page 39)
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SHEET 2 OF 6
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