HomeMy WebLinkAboutCity of Tamarac Resolution R-95-272Temp. Reso. #7261
Revision #1 -11 /2/95
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-95--a�pZ
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A 20-FOOT WIDE LAKE MAINTENANCE
EASEMENT ON LOTS 2 THROUGH 35 OF THE MCNAB
ROAD SUBDIVISION (A.K.A. BROOKSIDE COVE) FOR THE
MAINTENANCE OF THE ADJACENT CITY LAKE AND
CANAL FACILITIES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to accept and
execute a 20-Foot Wide Lake Maintenance Easement for the McNab Road Subdivision
(A.K.A. Brookside Cove) on lots 2 through 35, for the maintenance of the adjacent City
Lake and Canal; and
WHEREAS, it is the recommendation of the Public Works Director and the City
Engineer that the 20-Foot Wide Lake Maintenance Easement for the McNab Road
Subdivision (A.K.A. Brookside Cove) be accepted and executed; and
WHEREAS, a 20-Foot Wide Maintenance Easement is required by City Code
Section 10-233.
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 2: That the appropriate City Officials are hereby authorized to accept and
execute the 20-Foot Wide Lake Maintenance Easement attached as "Exhibit 1," for the
McNab Road Subdivision (A.K.A. Brookside Cove) for the maintenance of the lake and
canal facilities.
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1
1
Temp. Reso. #7261
Revision #1 - 11 /2/95
SECTION 3: That the City Clerk is hereby authorized and directed to record said
20-Foot Wide Lake Maintenance Easement 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hereby repealed to the extent of such conflict.
SETI N : 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 portion or applications of this
Resolution.
SECTION 6: This resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this alday o, 1995.
ATTEST:
at�ea:2�
CAROL A. EVANS, CMG
CITY CLERK
I HEREBY CERTIFY that I have
I
roved this Resolution as
" MITCHELt/Si/KRAFT
CITY ATTORNEY
GE5/bl
11 /22/95
RECORD OF C0LM L VOTE
NIAYOR9dAQw' T?-
DISTRICT
DISTRICT
DISTRICT ;
DISTRICT
,,2 -7 .�-
EXHIBIT 1
THIS INSTRUMENT PREPARED BY:
RECORD AND RETURN TO:
Max Smith
CCL Cunsultarits, Inc.
2200 Park Central Blvd. N.
Suite 10o
Pcrnpano Beach, FL 33064
[ABOVE THIS LINE FOR RECORDING INFORMATION]
DRAINAGE EASEMENT
PROJECT: McNab Road Subdivision/Brookside Cove
This Drainage Easement made this day of 0ll&VX P_� , 1995 by Brookside Cove, Ltd.,
a Florida Limited Partnership, having an address of 101 NW 72nd Avenue, Plantation, Florida 33317,
(Grantor), and the City of Tamarac, a Florida Municipal corporation having an address at 7525
Northwest 88th Avenue, Tamarac, Florida 33321,(Grantee).
(Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors
and assigns of the parties hereto, whenever the context so admits or requires).
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in Broward County,
more particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient
Estate"); and
WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to use a portion
of the servient estate; as described on attached Exhibit "B".
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable considerations paid by each of the parties hereto to the other party, receipt of which
is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as follows:
1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-
exclusive easement over and upon the servient estate for the installation and maintenance of
drainage facilities.
2. Grantor reserves all rights not herein granted pursuant to this easement, including
but not limited to, the right of free ingress and egress over and upon the servient estate and to grant
further easements under, over and on the servient estate; provided that, in no event shall any of the
rights herein reserved impede the easement herein granted or the exercise of the rights of use
thereunder.
hall be binding on the parties hereto and the
3. The provisions of this easement s g
respective successors and assigns as a covenant running with and binding upon the servient estate.
4. This easement shall not be released or altered without consent of the Grantee.
IN WITNESS WHEREOF, Grantee has hereunto set his hand and seal on the day and year
first above written.
Witnesses:
PRI AM
LOP
PRINT NAME:_../ -nCt�
STATE OF FLORIDA
COUNTY OF BROWARD
GRANTOR:
Brookside Cove, Ltd., a Florida
Limited Partnership
By: Brookside Cove, Inc. a Florida
Corporation, ene I P rt
By: 00,
John Barr, Vice President
Attest:
[CORPORATE SEAL]
Eli66eth Roop,
Assistant Secretary
I HEREBY CERTIFY THAT on this day before me, an officer duly authorized to take
acknowledgments, personally appeared John Barr, Vice President of Brookside Cove, Inc., a
Florida corporation, General Partner of BROOKSIDE COVE, LTD., a Florida Limited
Partnership, [ ✓fwho is (are) known to me [ ] who has produced
to be the person(s) described in and who executed the foregoing instrument, [
not take an oath, and acknowledged before me that he executed the same.
as identification
who took V-rdid
&,�SS my hand and official seal in the County and State last aforesaid this _ day of
, 1995.
My Commission Expires:
LAl,)RIE AINN C-;,MBETTI
/ �,ly (,onim Exp 5/18/97
40 INOTA�k`�
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NOTARY P131-116, STATE F FLOBIDA
Print Name.
1/" � ,�2 -7;1-
•
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ATTE T
By:
s~�
Robert S. Noe, Jr., City Manager
ATTEST:
By:
Carol A. Evans, City Clerk
STATE OF FLORIDA
COUNTY OF BROWARD
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By
Norman Abramowitz, Maqyo�rgf
Date: I Z
�' n
y.
Robert S. Noe, Jr., City Man ger
Date: /// O As-
d s t orm:
chell S. Kraft, Attorney
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
NORMAN ABRAMOWITZ, Mayor, and ROBERT S. NOE, JR., City Manager, of the
CITY OF TAMARAC, who are known to me to be the persons described in and who
executed the foregoing instrument and they acknowledged before me that they
executed the same.
WITNESS my hand and official seal in the Counter and State last aforesaid this '30
day of _ / A.D., 19�.
FFICdAI
"Ply .06 O
_ Ky � ANY 'SEAL
'`°" NOTARY PUBLIC, ST E OF FLORIDA
+4s
OF Fl0.'P MRAm EXP, &9sLE
n_� Print Name: r ✓„ „J;jC/eSD A)
My Commission Expires:
EXHIBIT "A"
•
Lots 1 through 13, Block W of McNAB COMMERCIAL
SUBDIVISION NO. 1, recorded in Plat Book 71, Page 13 of the
Public Records of Broward County, Florida.
•
4 �2-
• LAND DEVELOPMENT REGULATIONS 5 10.233
u
TEMP. "OVEW00r No. "l
` 2 1 - MINIMUM SETtCK ONE STORY
))`ZS' MINIMUM SET ACK TWO STORY
MAINTEINANCE EASEMENT
20
1
T 1 PROPERTY LINE
MINIMUM
• • e A 10 MAXIMUM SLOPE
1 �
SLOPE SHALL NOT BE I DESIGN WATER ELEVATION (SEE NOTEOi
STEEPER THAN 4 to 1 4
IF SLOPE IS FLATTER THAN 4 � 1 THE SLOPE
MUST BE CONTINUED TO DEPTH 4'BELOW
NOTE
DEBIGN WATER ELEVATION. /
Qi
FOR C • 14 T. O ' 1 16
C-13 6.0, ( (SEE NOTE ® 1
NOTE O FOR CANALS THAT WERE OVERDUG PRIOR TO SITE PLAN APPROVAL THE FOLLOWING
SHALL APPLY
4L. THE DIMENSION MAY BE REDUCED TO SUIT SITE CONDITIONS.
r. THERE WILL BE NO REQUIREMENT TO BACKFILL WITHIN THE CANAL RIGHT OF WAY.
CANAL AND LAKE SIDE SLOPES AND SIDE
PROTECTION.
697
•
•
C�
CCL CONSULTANTS, INC.
EXHIBIT „B
ENGINEERS SURVEYORS PLANNERS
2200 PARK CENTRAL BLVD. N. SUITE 100
POMPANO BEACH, FL 33064 (305) 974-2200
POMPANO BEACH ORLANDO WEST PALM BEACH
_
LEGEND,
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WEST LINE OF BLOCK W
REVISIONS
DATE BY —._...
RE Pi SKETCH AND LEGAL 01 23 9s1 L.T.
VISE AS PER CITY ln7/,)r/clrl J r
REGISTERED LAND SURVEYOR 2885 STATE OF FLORIDA
WILSON E. WAY. P.L.s.
DATE DRAWN CHECKED FIELD
I BY L.T. BY BOOK
•
•
CCL CONSULTANTS, INC.
ENGINEERS SURVEYORS PLANNERS
2200 PARK CENTRAL BLVD. N, SUITE 100
POMPANO BEACH, FL 33064 (305) 974-2200
POMPANO BEACH ORLANDO WEST PALM BEACH
FYUTRT'P npn
�.I-- MCNAb ROAD
LOCATION SKETCH
(NOT TO SCALE)
A 20.00 FOOT EASEMENT
A 20.00 FOOT WIDE EASEMENT ON A PORTION OF LOTS 1 THROUGH 13 INCLUSIVE,
BLOCK W, "McNAB COMMERCIAL SUBDIVISION NO. 1", ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 71, ON PAGE 13, PUBLIC RECORDS, BROWARD
COUNTY , FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF BLOCK W AS SHOWN ON SAID PLAT; THENCE
NORTH 00'14'17' WEST ALONG THE EAST LINE OF SAID BLOCK W FOR A DISTANCE OF
12.00 FEET; THENCE NORTH 8T02'49- WEST FOR A DISTANCE OF 20.00 FEET TO THE
POINT OF BEGINNING, SAID EASEMENT LIES 20.00 FEET TO THE RIGHT OF AND ABUTS
THE FOLLOWING DESCRIBED LINE: THENCE NORTH 00' 14' 17" WEST ALONG A LINE 20,00 FEET
WEST OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID
BLOCK W FOR A DISTANCE OF 218.05 FEET;THENCE NORTH 89'02'49" WEST ALONG A LINE
20.00 FEET SOUTH OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF
SAID BLOCK W FOR A DISTANCE OF 1275,21 FEET; THENCE SOUTH 00'57'11" WEST ALONG A LINE
20.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID BLOCK W FOR A
DISTANCE OF 230.00 FEET TO A POINT OF TERMINUS, SAID POINT OF TERMINUS BEING ON THE SOUTH
LINE OF SAID BLOCK W.
EASEMENT LINES ARE LENGTHENED OR SHORTENED TO PROVIDE A CONTINUOUS 20.00 FOOT
WIDE EASEMENT. SUBJECT TO EXISTING EASEMENTS, RIGHTS —OF WAY, RESERVATIONS OR
RESTRICTIONS, OF RECORD, IF ANY,
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS
SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY
CCL CONSULTANTS, INC. FOR EASEMENTS AND OR RIGHTS -
OF -WAY OF RECORD.
3. DATA SHOWN HEREON WAS COMPILED FROM OTHER
INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY
AS SUCH.
4. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF .
McNAB COMMERCIAL SUBDIVISION NO. 1 RECORDED IN PLAT
BOOK 71. PAGE 13, BROWARD COUNTY RECORDS. BROWARD
COUNTY, FLORIDA, THE NORTH LINE OF BLOCK W BEING
NORTH 89'02'49' WEST.
"�H AND LFGAI
BY
TEMP. RESO. No. _7�9, I
CERTIFICATION:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND L-3nL
DESCRIPTION IS TRUE AND CORRECT TO THE LEST CF
KNOWLEDGE AND BELIEF AND THAT !1' MEETS THE WNIMUL:
TECHNICAL STANDARDS SET FORT BY THE FLORIDA STATE
BOARD OF LAND SURVEYORS It! CHAPTER 610i7-6, FLORID
ADMINISTRATIVE CODE.
REGISTERED LAND SURVE R 2885 STATE OF FLORIDA
WILSON E. WAY, P.L.S.
18
z
'S PER CITY
07
DATE I DRAWN I CHECKED FIELD
BY L.T. BY MMM BOOK
11
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oe - `3 -- �2.7,-�—
CCL CONSULTANTS, INC.
ENGINEERS SURVEYORS PLANNERS
2200 PARK CENTRAL BLVD. N. SUITE 100
POMPANO BEACH, FL 33064 (305) 974-2200
POMPANO BEACH ORLANDO WEST PALM BEACH
LEGEND,`-�
R =RADIUS
L =ARC DISTANCE
p =CENTRAL ANGLE
SCALE, i' = 60'
'C.TCH AND LEGAL
7 AS PER CITY
EAST LINE, OF BLOCK W
EXHIBIT "B"
N 0(714'1r W
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