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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. -1- 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 SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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`� ^. T, BLOC ;�z Bor.r.;�d +?y cervI Ins �� _ = � Uo. CCU U7 34 OF 4 f I ] ptrs"n Known I ] other L R. NOTARY P131-116, STATE F FLOBIDA Print Name. 1/" � ,�2 -7;1- • • 0 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, p I I vg I v aNn Floir R =RADIUS may" 9 I L =ARC DISTANCE ^g A =CENTRAL ANGLE SCALEI 1' m 60' p L.« gip••{ a 20- WCE "NTEWWCE EMf ! I I IgRLu I O p 3 I l i p l "` I pq I iv M$• i ^$ I I p o I I "g ^* a I I "i Z qw IN p I I " I I I p i i I p I I p I 0. wi Lv I yJ,y' W 20' LAKE MNNTDIAA •E I S 00*571'1 W '230.00' !' N' I I � 1,, 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 0 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 12.00, r 1 c; /.m W H W, LL- Q N F- W w Y rn d z