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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-186Temp. Reso. #5093 1 2 3 4 9 10 11 12 13 14 15 16 17 21 22 23 24 25 26 27 28 29 30 33 34 35 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- 0 CJ (-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 0 NOTARY PUBLIC STATE OF FLORIDA MY OMISSION ERP SEPT 17,1990 BONDED TPFJ 6E9ERAL INS. UND. MIM Revised 8/20/87 -� - se-ud 0 E EXHIBIT "A" LEGAL DESCRIPTION r 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. :U0 rr►ITI c-) -n 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. N N n o � 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. Cr m 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) L SHEET 2 OF 6 asE ,.CinE -fand cSuavEtJozs, -qrte. r 6140 N.W. 11th Street • Sunrise, Florida 33313 ao PO.C. FIRE HYDRANT N.E. COR. ❑ WATER METER TRACT 75 Q SEWER MANHOLE c 4. 4.1 Q 3 r- co �" N ��• a�v SCP12 ' 16'E 2 5 .73 P 3 20 UTILITY, DRAINAGE s' / �_ 8CANAL MAI NT. / j ^� � _N ESMT. O� 0 06), � od�� , h 17 5 Z / S► -56 21 W h�o�LO h w I 89�5 -o N S 79003 39�� E Ell — cb h N 7M3' 39'4 W 34 O 84. 0' 15. 0' 579-u339 E N 10-56'21"E ❑- - N7t39W . 0 O uO w u) b 2 S79003 39"E 11.0'� 1 N 1005fi 21 °E 15.0' 1 N 79°03'39" W 11.0' w � fV (D o 9 2 S79g03'39"E 7.5 1\105d 21"E 15.0 N 79c03' 39YW 7.5 ' S10°56'21 W S 79-0 3' 39� E _ S 10°56' 21 if N 79003' 39"W I', 3 � N tD b 0 U) MATCH LINE MOM 12.5', 13.0' 15.0' 1 ON 13.0' 1/ 1 S0012'16"E 23.70 SHEET 3 OF 6 ps- In. 6140 N.W. 11th Street • Sunrise, Florida 33313 co co �I 0 0 `z 27 0' S79FU3`34'E MO°56'21'E 15. 0' -Z, I mm N79`0? 24W 2 7 0' iv O m 7.5' w N tD u7 0 O z 27.0 S79903'3A N 10056� 21 "E 15.0' I N -,'cYO3'39'W 2 7.0 Q m N W N 0 4I S 79 00 � 39"E 8. 50' N1005621"E 15.0' j N 79°0� 39"W S. 5d L N 10056 21 "E 3 5.6' 29.0, S79`0�30 E N10056'21"E 15.0' N I79� 29.0' i MATCH LINE IN U b_ U) S 79003'39°E 10.5' I +s S 10 056 21 0 W 15.0 N 79003' 3q'W 10.5' III 10' 28.5' 0 / A A i_(V (O iI MATCH LINE SHEET 4 OF 6 • L c c J a x w c 3 Bast--fina Wand c�uavLy0zs, -Ync 6140 N.W. 11th Street a Sunrise, Florida 313��� 0 a - N 53°32'57'W 20.0' N (p 0 w O N 2 4.4' O N36°27'03"E z 15.0' N 36°2�03"E TCH LINE 0 1/ S36027'03" S 10°56'21" W S 79°03' 39"E AP' S 100 56' 2 1" W N79°03'39" W in c� 3 Npp In 0 0 W 31.35' 3. 95' 15.0' 15.0' 15.0' in S79°03' 39"E 24.0' /s10°56'21"W 15.0' N 79 00 3' 39"W 24.0' S 10"56'21'W 8, 72' S 28.71'a� 1L// 69.13 -�43E N36°27'Of E j o_ S8�2 �� 9 1 5.0' S 32 �' N36°27'03"E �� s=s> NB 571� W 2 15, 0 S3002�d 17'W N A, S 2° 18 36 W 15.0' 320 5'-- N 87041'24"E 15.0' N201836 E. 15.0 .3 i►� N87*41'24"W 21, 51' 0� O „� OCO ti °3'3 0 Dry � 43 �,S�,K' �- S 36 ° 2 7' 0 3 " W 15.0' A w A) 41S� 3so�7 ii, io D> O N 0� �' w k� 41.3 •,U 15.0' S VI6 36 W �o p� O z 96' S67°41'24 E o or" U s� J ^^� -V 94.2' S 81704124 E ``' MATCH LINE S HEET 5 OF 6 -Bail �L/ZL LLiI2� C�U'tV£IJ041, �rie. !G + *� 6140 N.W. 11th Street • Sunrise, Florida 33313 15'0' N 36027'0SE 15.0 S 5 3032' 57"E N 36027'OS E _� / 32-0' H S3 '32 3? 0�Y A, /6-4z)var iy/CV NP S43 3°3 Qle O tiS 36 027'03 W '� IN O 44 S>DIY S FAR f' S�FSao /S 2S 241.32' S.L►NE TRAY 75 �^ S 4�18 36 W S87°41�284 2 r 15.0 1 � N 871424W 0.5' 0 N2°1836'E SHEE T 6 OF 6