HomeMy WebLinkAboutCity of Tamarac Resolution R-96-030Temp. Reso. # 7284
CITY OF TAMARAC
RESOLUTION NO. R-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
"TAMARAC UTILITIES WEST WATER AND SEWER UTILITY
EASEMENT" WITH LENNAR HOMES, INC. FOR THE
WELDON PHASE 1 AND 1A PROJECT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Site Plan for the Weldon Project located east of NW 96 Avenue on
the north side of NW 77 Street (shown in map form as "Exhibit 1") was approved by City
Commission on August 11, 1993; and
WHEREAS, the development of the Weldon Phase 1 and 1A property required the
installation of water and sewer utilities; and
WHEREAS, an easement is required by City Code Section 22-191 for the water and
sewer utilities on the Weldon Phase 1 and 1A property; and
WHEREAS, Lennar Homes, Inc., as the owner of the property has offered the
"Tamarac Utilities West Water and Sewer Utility Easement" for water mains, water
services, fire hydrants and sanitary sewers; and
WHEREAS, it is the recommendation of the Utilities Director that this easement
be accepted and executed; and
1
Temp. Reso. # 7284
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 execute a "Tamarac
Utilities West Water and Sewer Utility Easement" with Lennar Homes, Inc. for the
Weldon Phase 1 and 1A Project required for the installation, maintenance and operation
of water and sewer utilities and infrastructures.
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 L The appropriate City Officials are hereby authorized to accept and
execute a "Tamarac Utilities West Water and Sewer Utility Easement" with Lennar Homes,
Inc. for the Weldon Phase 1 and 1A Project (attached hereto as "Exhibit 2") 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
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hereby repealed to the extent of such conflict.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.
2
1
Temp. Reso. # 7284
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this day ofEbru" V
1996.
NORM -AN ABRAMOWIT
MAYOR - - I�J
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
app wed this RESOLUTION as
t fo m.
HELL S. MAYOR
CITY ATTORNEY DIST. f:
utilities/res/rmc !FIST. 2:MIST 8:
DIST. 4:
Ra
RECORD' OF COMMISSION VOTE
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PHASE 1
PHASE 1A
WELDON PHASE 1 AND IA WELDWSES.DWG
WATER AND SEWER UTILITY EASEMENTS
« F- x h bo -A- 2-
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PROJECTNAME OF
s
On this day of
�^T
199,_ LENULR HOMF_S-___INC._ having an address of
7600 NOB HILLROAD, FLORIDA 33321 ,
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
40 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 "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
1
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, 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.
0 Grantee shall have the an right to remove natural or man
g Y
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.
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.
Pa
�7
� C�
. Grantee shall record this document in the Public Records of
Sroward 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.
3
•
•
IN WITNESS WHEREOF, Grantor has hereunto set his hand and
seal on the day and year first above written.
W
Lennar Homes, Inc.
to ss
rij Name vl?,o b, A.,re j 5
Mi e Smolak, Vice -President
nt Name i
STATE OF FLORIDA
: SS
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 acknowledgments, personally appeared
MIKE SMOLAK
to me known to be the person(s) described in and who executed
the foregoing instrument and he acknowledged before me that
he executed the same.
WITNESS my hand and official seal this
,19 95
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1'lll MMMg9
EMAB: Much 27,1M
Banded Tian Notary Pa6Ac Uedervrdtt
NOTARY PUBtIC, State
Florida at Large
Day of
(Signature of Notary Public)
Print Name:
Commission No.
(personally known to me, or
( )Produced Identification
( )Type of I.D. Produced
( )DID take an oath, or ( DID NOT take an oath.
4
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•
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year indicated below:
Signed, sealed and
delivered in the presence of:
ATTES
By: \ �.
Robert S. Noe, Jr.,
City Manager
ATTEST:
By:24t�otel-
Carol A. Evans,
City Clerk
STATE OF FLORIDA .
SS
COUNTY OF BROWARD :
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By: 4&4W44to
Norman Abramowitz
Mayor
Date: Uli�o
By:
Robert S. Noe, Jr.,
City Manager
Date: 4409-411?6
Approved as
_ BY
W 1...1 Ly .t U LUL-Iltay
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 /l�rM ?.l ramawi ��
ff 1
me known to be the person (s ) described in and
who executed t e foregoing instrument and acknowledged
before me and under oath that executed the same.
ITNESS my hand and official seal this day of
,19 96
NO ARY PUBLIC, Wate of Florida
°1PaY P6, OFFICIAL NOTARY SPAL at Large
= n KREN LEE JACKSON
* COMMISSION NUA�SER
e CC2015i6
Q MY COptUI861ON EXP.
11, 9 °F�°� MAY 1a 9996
Name of Notary Public: Print,
Stamp, or Type as Commissioned)
C ) Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (►, DID NOT take an oath.
x:\word6\donna.doc\w_sucles.wpd
61
EXHIBIT "A"'
LEGAL DESCRIPTION:
PARCEL "W", "KINGS POINT REPLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 156, AT PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY,
FLORIDA.
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CARNAHAN"PROCTOR & ASSOCIATES INC.
CONSULTING ENGINEERS • SURVEYORS • PLANNERS
QA LAND DEVELOPMENT CONSULTANTS
6191 WEST ATLANTIC BLVD., MARGATE, FL 33063 (3051972.3959 FAX 005072.4178
EXHIBIT T"B"
NOT A SURVEY
(SKETCH AND LEGAL DESCRIPTION)
UTILITY EASEMENTS
FOR PHASES I&7 A, "WELDON"
LEGAL DESCRIPTION
A 20-FOOT WIDE UTILITY EASEMENT LYING WITHIN PARCEL "W", "KINGS POINT REPLAT", ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 156, AT PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,
THE CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "W'; THENCE NORTH 00"46'20" EAST, ALONG THE
WEST LINE OF SAID PARCEL "W', A DISTANCE OF 28.81 FEET; THENCE SOUTH 89013'40" EAST, A DISTANCE OF
31.64 FEET TO THE POINT OF BEGINNING; THENCE NORTH 44006'04' EAST, A DISTANCE OF 72.91 FEET; THENCE
NORTH 36022'01"WEST, A DISTANCE OF 91,48 FEET; THENCE NORTH 02"17'00"EAST, A DISTANCE OF 276.76
FEET; THENCE NORTH 01 *30'12* EAST, A DISTANCE OF 279.96 FEET; THENCE NORTH 51 016'37* EAST, A
DISTANCE OF 299.26 FEET; THENCE SOUTH 79 * 12'36' EAST, A DISTANCE OF 208.12 FEET TO A POINT TO BE
KNOWN HEREINAFTER AS REFERENCE POINT "A"; THENCE SOUTH 84042'08" EAST, A DISTANCE OF 188.80 FEET;
THENCE SOUTH 82034'00' EAST, A DISTANCE OF 200.43 FEET TO THE POINT OF TERMINATION,
AND
BEGINNING AT SAID REFERENCE POINT "A"; THENCE SOUTH 09052*21"EAST, A DISTANCE OF 139.03 FEET TO THE
POINT OF TERMINATION.
li[ew 11.19;ITkIliT.F
A 15-FOOT WIDE UTILITY EASEMENT LYING WITHIN SAID PARCEL "W", THE CENTERLINE OF SAID EASEMENT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL "W"; THENCE NORTH 71006'55"WEST, ALONG THE
SOUTH LINE OF SAID PARCEL "W', A DISTANCE OF 456.48 FEET TO THE POINT OF BEGINNING; THENCE NORTH
-35000'57' EAST, A DISTANCE OF 57.96 FEET; THENCE NORTH 71 009'18"WEST, A DISTANCE OF 201.51 FEET TO A
POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "B"; THENCE NORTH 71 005'21"WEST, A DISTANCE OF
14.73 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "C"; THENCE NORTH 70053'42"WEST,
A DISTANCE OF 179.00 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "D"; THENCE NORTH
77000'26" WEST, A DISTANCE OF 261.97 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "E";
THENCE NORTH 75039'54"WEST, A DISTANCE OF 47.14 FEET; THENCE NORTH 46027'42' WEST, A DISTANCE OF
14.04 FEET; THENCE NORTH 02058'20"WEST, A DISTANCE OF 25.53 FEET TO A POINT TO BE KNOWN HEREINAFTER
AS REFERENCE POINT "F"; THENCE NORTH 05055'01"WEST, A DISTANCE OF 10.74 FEET TO A POINT TO BE KNOWN
HEREINAFTER AS REFERENCE POINT "G"; THENCE NORTH 10036'19" EAST, A DISTANCE OF 222.08 FEET TO A
POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "H"; THENCE NORTH 00022'01"EAST, A DISTANCE OF
234.83 FEET; THENCE NORTH 28057'11"WEST, A DISTANCE OF 13.90 FEET TO A POINT TO BE KNOWN
HEREINAFTER AS REFERENCE POINT "I"; THENCE NORTH 39056'36' WEST, A DISTANCE OF 11.48 FEET; THENCE
SOUTH 88"18'29" WEST, A DISTANCE OF 17.52 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE
POINT "J"; THENCE NORTH 88025'23" WEST, A DISTANCE OF 127.74 FEET; THENCE NORTH 01038'13"EAST, A
DISTANCE OF 138.39 FEET; THENCE NORTH 51 051'12" EAST, A DISTANCE OF 75.98 FEET TO A POINT TO BE
KNOWN HEREINAFTER AS REFERENCE POINT "K"; THENCE NORTH 51 046'03" EAST, A DISTANCE OF 155.34 FEET;
THENCE NORTH 36*1819'WEST, A DISTANCE OF 101.23FEET; THENCE NORTH 54042'17'EAST, A DISTANCE OF
41.17 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "L"; THENCE NORTH 55045'24" EAST, A
DISTANCE OF 20.05 FEET; THENCE SOUTH 79041'16" EAST, A DISTANCE OF 8.93 FEET TO A POINT TO BE KNOWN
HEREINAFTER AS REFERENCE POINT "M'"; THENCE SOUTH 77011'12"EAST, A DISTANCE OF 5.25 FEET; THENCE
SOUTH 58006'17"EAST, A DISTANCE OF 48.10 FEET; THENCE SOUTH 34'46'11"EAST, A DISTANCE OF 110.45
FEET; THENCE SOUTH 80"30'30" EAST, A DISTANCE OF 70.87 FEET TO A POINT TO BE KNOWN HEREINAFTER AS
REFERENCE POINT "N"; THENCE SOUTH 80000'59"EAST, A DISTANCE OF 76.56 FEET; THENCE NORTH 54058'26"
EAST, A DISTANCE OF 134.73 FEET; THENCE SOUTH 74' 19'1 W EAST, A DISTANCE OF 20.60 FEET TO A POINT TO
BE KNOWN HEREINAFTER AS REFERENCE POINT "0"; THENCE SOUTH 73039'46"EAST, A DISTANCE OF 10.70 FEET;
THENCE SOUTH 26021'40" EAST, A DISTANCE OF 10.45 FEET TO A POINT TO BE KNOWN HEREINAFTER AS
REFERENCE POINT "P"; THENCE SOUTH 24039'32"EAST, A DISTANCE OF 57.67 FEET; THENCE SOUTH 70*00'14"
EAST, A DISTANCE OF 97.10 FEET TO A POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "O"; THENCE
CONTINUE SOUTH 70*00'14*EAST, A DISTANCE OF 11.52 FEET TO THE POINT OF TERMINATION.
ud1
BEGINNING AT SAID REFERENCE POINT "B"; THENCE NORTH 15044'57" EAST, A DISTANCE OF 18.86 FEET TO THE
POINT OF TERMINATION,
AND
' "WELDON" I JOB NO.: 001205J I DATE: 11-6.95 1 SHEET 1 OF 5 SHEETS
-F&- _-sc'l
BEGINNING AT SAID REFERENCE POINT "C"; THENCE SOUTH 17 ° 46'00` WEST. A DISTANCE OF 30.41 FEET TO THE
POINT OF TERMINATION.
AND
BEGINNING AT SAID REFERENCE POINT "O"; THENCE NORTH 19 ° 23'02" EAST, A DISTANCE OF 22.11 FEET TO THE
POINT OF TERMINATION.
AND
BEGINNING AT SAID REFERENCE POINT "E"; THENCE SOUTH 09 ° 36'51 " WEST, A DISTANCE OF 62.65 FEET TO A
POINT ON SAID SOUTH LINE OF PARCEL "W" AND THE POINT OF TERMINATION,
-AND
BEGINNING AT SAID REFERENCE POINT "F", THENCE SOUTH 84 ° 23'06" WEST, A DISTANCE OF 29.88 FEET TO THE
POINT OF TERMINATION.
AND
BEGINNING AT SAID REFERENCE POINT "G"; THENCE SOUTH 85 ° 16'56" WEST, A DISTANCE OF 19.26 FEET TO THE
POINT OF TERMINATION.
AND
BEGINNING AT SAID REFERENCE POINT "H"; THENCE SOUTH 88°43'54' WEST, A DISTANCE OF 24.53 FEET TO THE
POINT OF TERMINATION,
AND
BEGINNING AT SAID REFERENCE POINT "1"; THENCE SOUTH 50°02'45" WEST, A DISTANCE OF 16.79 FEET TO THE
POINT OF TERMINATION.
AND
BEGINNING AT SAID REFERENCE POINT "J"; THENCE SOUTH 01 °04'10" WEST, A DISTANCE OF 21.85 FEET TO THE
POINT OF TERMINATION,
AND
BEGINNING AT SAID REFERENCE POINT "K"; THENCE SOUTH 36 °54'28" EAST, A DISTANCE OF 26.56 FEET TO THE
POINT OF TERMINATION.
AND
BEGINNING AT SAID REFERENCE POINT "L"; THENCE SOUTH 33 °50'24' EAST, A DISTANCE OF 23.02 FEET TO THE
POINT OF TERMINATION.
AND
BEGINNING AT SAID REFERENCE POINT "M"; THENCE SOUTH 10°48'10" WEST, A DISTANCE OF 16.42 FEET TO THE
POINT OF TERMINATION.
AND
BEGINNING AT SAID REFERENCE POINT "N"; THENCE SOUTH 09 ° 34'33" WEST, A DISTANCE OF 21.83 FEET TO A
POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "R"; THENCE SOUTH 10°19'18' WEST, A DISTANCE OF
104.33 FEET; THENCE SOUTH 79 ° 53'27' EAST, A DISTANCE OF 8.78 FEET TO THE POINT OF TERMINATION.
AND
BEGINNING AT SAID REFERENCE POINT "O"; THENCE SOUTH 17 °09'15' WEST, A DISTANCE OF 15.69 FEET TO THE
POINT OF TERMINATION.
AND
BEGINNING AT SAID REFERENCE POINT "P"; THENCE SOUTH 62 ° 26'27" WEST, A DISTANCE OF 24.48 FEET TO THE
POINT OF TERMINATION.
AND
BEGINNING AT SAID REFERENCE POINT "O"; THENCE SOUTH 19 °59'46" WEST, A DISTANCE OF 28.50 FEET TO THE
POINT OF TERMINATION.
AND
BEGINNING AT SAID REFERENCE POINT "R"; THENCE SOUTH 76 ° 35'45" EAST, A DISTANCE OF 25.93 FEET TO THE
POINT OF TERMINATION.
' WELDON" I JOB NO.: 301205J I DATE: 11-6-95 1 SHEET 2 OF 5 SHEETS
("-- 3 G
•
•
(BEARINGS ARE BASED ON THE WEST LINE OF SAID PARCEL "W" HAVING A GRID BEARING OF NORTH 00°46,20.
EAST AS SHOWN ON SAID PLAT OF 'KINGS POINT REPLAT',)
SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA.
-NOTES
01. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
02. THIS DRAWING IS THE PROPERTY OF CARNAHAN-PROCTOR & ASSOCIATES, INC., AND SHALL NOT BE USED OR
REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION.
03. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE UNDERSIGNED FOR RIGHTS -OF -WAY, EASEMENTS,
RESERVATIONS, AND OTHER SIMILAR MATTERS OF RECORD, SUCH INFORMATION SHOULD BE OBTAINED AND VERIFIED
BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION,
04. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY, AND RESTRICTIONS
OF RECORD.
05. DATA SHOWN HEREON WAS COMPILED FROM OTHERS INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS
SUCH.
ABBREVIATIONS
A - ARC LENGTH
% CENTERLINE
D = DELTA (CENTRAL ANGLE)
D.E. DRAINAGE EASEMENT
D.R.B. = OFFICIAL RECORDS BOOK
P.B. - PLAT BOOK
PG. - PAGE
P.O.B. - POINT OF BEGINNING
P.O.C, = POINT OF COMMENCEMENT
P.O.T. = POINT OF TERMINATION
R - RADIUS
REF.PT, = REFERENCE POINT
U.E. = UTILITY EASEMENT
11WMADMILDUMA'S PHIS&L
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH
MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61 G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID
DESCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
THOMAS C. SHAHAN
PROFESSIONAL LAND SURVEYOR DATE OF LAST FIELD WORK:
FLORIDA REGISTRATION NO. 4387 NOT A SURVEY
"WELDON" I JOB NO.: 881205J I DATE: 11.6.95 1 SHEET 3 OF 5 SHEETS
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