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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-0883 2 3 4 S 6 Temp. Reso. # 6512 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93- 88 A RESOLUTION APPROVING AND ACCEPTING A WATER AND SEWER UTILITY EASEMENT OFFERED BY REGENCY HOMES, INC., FOR THE WOODMONT TRACT 56 PROJECT; AND PROVIDING AN EFFECTIVE DATE - BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1_ That the Water and Sewer Utility easement offered by Regency Homes, Inc., for the Woodmont Tract 56 project) is HEREBY APPROVED AND ACCEPTED, a copy of said easement being attached hereto as "Exhibit 111. SEC110N 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 immediately upon adoption. PASSED, ADOPTED AND APPROVED this I day of f�Lhl.��"5� 1993. L. BENDER ATTEST: MAYOR CAROL A. EVANS CITY CLERK RECORD of COUNCH. Vow 4appr ERTIFY that I have MAYOR his Resolu ion as DIST 1: DIST. 2:©IST.3. RAFT DIST.4; CITY AT EY ►� M .- Corporate TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT FOR: Woodmont Tract 56 NAME OF PROJECT On this day of 19 _ 93 Regency Homes, Inc. having an address of 2826 University Drive, Coral Springs, FL 3306,5 hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 ! 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 "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 as well as for surface water storm drainage, and for other comparable public utility purposes. 050792 - 1 - TUW WSUE(C) C� f- 53-b'S2 Corporate 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. 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. 050792 -- 2 - TUW WSUE(C) • i (-, q-3 - 0 0 Corporate 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 V. a subsequent modification reduced to writing, signed by the party to be charged therewith. IN WITNESS WHEREOF, Grantor has hereunto set his hand and --Nal o the day and year first above written. ATT CORPORATION Re en Homes, , n . ��' By: Al ..a-T4�_ eJ M . tJ A r .t. r, T6! .J 5j %'0 M . W Aar -L6 Mb A,)Corporate Secretary President (Corporate Seal) STATE OF FLORIDA SS COUNTY OF 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 to me known to be the person(s) described in and who executed the fore- going instrument and acknowledged before me that executed the same. ��+jIT my/hingd official 4'r'..Y..�..V® i� Notary Public, State of Florida M k KATHY SMITH c My Comm. Exp. Dec. 6. 1996 OF F4 Comm. No. CC 244690 seal ti}is � Aay of NOTARY -PURL, State of Florida at Large S _ (Name of Notary Public: Print, Stamp, or Type as Commissioned) Personally known to me, or Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( x) DID NOT take an oath. 050792 g TUW WSUE(C) 11 ATTEST B - / J hn P. Ke y, ity Manag r ATTEST: By Carol A. Evans, City Clerk ACCEPTED BY CITY OF TAMARAC, GRANTEE By H. Vy"Benogr, Mayor Date: t 6 r r J �PKeel nitMaag Date A�oved) as, to for7: By Mit$.k621 S. Kifaft, City Attorney 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 o take acknowledgments, personally appeared * n , to me known to be the person(s) who executed the fo egoing instrument, and acknowledged before me that executed the same. WITNESS my hand and official seal in the State and County last aforesaid, this /& X' day of u4� A.D. 19 NOTARY PUBLIC, State of Florida at Large NOTARY PUBLIC STATE OF FLORIDA NY COMMISSION EXP. NOV. 641994 BONDED THRU GENERAL INS. UND. • (Name of Notary Public: Print, Stamp, or Type as Commissioned) Personally known to me, or ( ) Produced Identification - Type of I.D. Produced ( ) DID take an oath, or ( DID NOT taken an oath. MAST-DOC BPSIEE 930520 - 4 - BPSIEE w LEGAL DESCRIPTION WOODMONT TRACT 56 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 123, PAGE 44 OF THE PURLIC RECORDS OF BROWARD COUNTY, FLORIDA. f -53-9X Exhibit "A" CONSUL -TECH ENGINEERING, INC. Consulting Engineers a Landplanners a Land Surveyors C E 50 East Sample Road 4th Floor Pompano Beach, Florida 33064 t�-3'2?s?(305) 785�-8400 TYPE OF SURVEY: _ SKETCH & DESCRIPTION FOR: REGENCY EXHIBIT rrBrr LEGMW P.O.S. Point of Beginning P.O.C. Point of Commencement OIndicates corresponding course number TRACT 7" Bearing Reference is the South Line of said Woodmont Tract 56, as recorded in Plat Book 123, Page 44 as being S 89. 47' 44" W. a a 4 IR N. W. 78th AVENUE I HEREBY CERTIFY. THAT THE ATTACHED SKETCH AND DESCRIPTION SHOWN HEREON. OF THE ABOVE DESCRIBED PROPERTY WAS MADE IN ACCORDANCE WITH THE 'MINIMUM TECHNICAL STANDARDS FOR LAID SURVEYING IN THE STATE OF FLORIDA" : CHAPTER 21HH-6 FLORIDA ADMINISTRATIVE CODE UPDATES/RENISIONS JJ 7 r 0 C Li r; THIS DRAWING IS NOT VALID UNLESS IT BEARS AN ORIGIN I:A, & SIGNATURE z 9.3 MAYNA H. TH MPS ^JA REGISTERED LAND S1 .VEYOR NO. 3654 STATE OF FLcRMA DATE BY CK'D NOTE The undersigned and CONSUL. —TECH ENGINEERING, INC. rraks no raprasentations or guarantees as to the conwpieteness of t4 s Infaynation reflected hereon pertaining to easements. right& —of --way. mot --bads lines. res— ervatlone, agreements or other matters of record. This Instrument Is Intended to reflect or set forth only those items shown In the rafarehces above or obtained by field survey. CONSUL —TECH ENGINEERING. INC. did not research the public records for matters affecting the laid shown hereon. NOTE This Instrument Is the property of CONSUL —TECH ENGINEERING, INC. and shall not be reproduced In whole or In part without written permission of CONSUL —TECH ENGINEERING. INC. Project No. 920810 Drawn By S. C. JChecked By SHEET 1 OF 3 1 SCALE 1"=100" �J (-53-00 LEGAL DESCRIPTION Sheet 2 of 2 A portion of lands lying in Parcel A, Woodmont Tract 56, as recorded in Plat Book 123, Page 44 of the Public Records of Broward County, Florida, being more particularly described as follows; Commence at Southeast corner of said plat; thence'S 89'47'44" W, a distance of 520.80 feet, to the POINT OF BEGINNING; said point being the beginning of a curve, concave Northeasterly, 1.)thence Westerly along the arc of said curve to the right having a radius of 25.00 feet and a central angle of 90600'0011, and a arc distance of 39.27 feet to the curve's end; 2.)thence N 009121161, W, a distance of 5.00 feet; to the beginning of a curve, concave Southeasterly, 3.)thence Northerly along the arc of said curve to the right having a radius of 70.00 feet and a central angle of 90'00'00", and a arc distance of 109.96 t to the curve's end; 4.)thence N 89*47'44" E, a distance of 317.80 feet; We hence N 00'12'16" W, a distance of 40.00 feet; 6.)thence S 89047144" W, a distance of 313.88 feet; to the beginning of a curve, concave Northeasterly, 7.)thence Westerly along the arc of said curve to the right having a radius of 20.00 feet and a central angle of 86'15'44", and a are distance of 30.11 feet to the curve's end; 8.)thence N 03'56'32" W, a distance of 313.53 feet; to the beginning of a curve, concave Southeasterly, 9.)thence Northerly along the arc of said curve to the right having a radius of 20.00 feet and a central angle of 79'39'07", and a arc distance of 27.80 feet to the curve's end; 10.)thence N 75642135" E, a distance of 48.78 feet; to the beginning of a curve, concave Southerly, 11.)thence Easterly along the arc of said curve to the right having a radius of 960.00 feet and a central angle of 14005'09", and a arc distance of 236.01 feet to the curve's end; 12.)thence N 89'47'44" E, a distance of 58.24 feet; to the beginning of a curve, concave Southwesterly, 13.)thence Easterly along the arc of said curve to the right having a radius of 20.00 feet and a central angle of 90000'00", and a arc distance of 31.42 feet to the curve's end; 14.)thence S 00'12'16" E, a distance of 137.00 feet; to the beginning of a curve, concave Northwesterly, 15.)thence Southerly along the arc of said curve to the right having a radius of 20.00 feet and a central angle of 90000'00", and a arc distance of 31.42 feet to the curve's end; 16.)thence S 89'47'44" W, a distance of 46.72 feet; to the beginning of a curve, concave Northeasterly, 17.)thence Westerly along the arc of said curve to the right having a radius of 25.00 feet and a central angle of 78627147", and a arc distance of 34.24 feet; to a point of reverse curvature with a curve, concave Southeasterly, 18.)thence Northerly along the arc of said curve to the left having a radius of 50.00 feet and a central angle of 258027'4711, Iva arc distance of 225.55 feet to the curve's end; 19.)thence N 89047'44" a distance of 120.20 feet; to the beginning of a curve, concave Southwesterly, 20.)thence Easterly along the arc of said curve to the right having a radius of 20.00 feet and a central angle of 90600100", and a arc distance of 31.42 feet to the curve's end; 21.)thence S 00*12116" E, a distance of 136.00 feet; to the beginning of a curve, concave Northwesterly, 22.)thence Southerly along the arc of said curve to the right having a radius of 20.00 feet and a central angle of 90'00'00", and a arc distance of 31.42 feet, 23.)thence S 00"12'16" E, a distance of 40.00 feet; to the begining of a curve, concave Northwesterly, 24.)thence along the arc of said curve to the left having a radius of 60.00 feet and a central angle of 90000100", and a arc distance of 94.25 feet to the curve's end; 25.)thence N 00012'16" W, a distance of 346.73 feet; 26.)thence N 88036'59" E, a distance of 105.02 feet; E (_93-0 "a Sheet 3 of 3 27.)thence N 00012116" W, a distance of 15.00 feet; 28.)thence S 88*36159" W, a distance of 105.66 feet; to a point of intersection with a non -tangent curve, concave Southwesterly, having a radial bearing of S 81026'08" W; 29.)thence along the arc of said curve to the left having a radius of 60.00 feet and a central angle of 81°38'24", and a arc distance of 85.49 feet to the curve's end; 30.)thence S 89047'44" W, a distance of 58.24 feet; to the beginning of a curve, concave Southerly, 31.)thence Westerly along the arc of said curve to the left having a radius of 1000.00 feet and a central angle of 14005'09", and a arc distance of 245.84 feet to the curve's end; 32.)thence S 75042135" W, a distance of 48.78 feet; to the beginning of a curve, concave Southeasterly, 33.)thence Westerly along the arc of said curve to the left having a radius of 60.00 feet and a central angle of 79039'07", and a arc distance of 83.41 feet to the curve's end; 34.)thence S 03°56'32" E, a distance of 311.53 feet; to the beginning of a curve, concave Northwesterly, )thence Southerly along the arc of said curve to the right having a radius 25.00 feet and a central angle of 73*06151", and a arc distance of 31.90 feet; to a point of reverse curvature with a curve, concave Southeasterly, 36.)thence Westerly along the arc of said curve to the left having a radius of 100.00 feet and a central angle of 28°22'45", and a arc distance of 49.53 feet; 37.)thence S 73°43'26" W, a distance of 33.20 feet; 38.)thence S 02022101" E, a distance of 15.45 feet; 39.)thence N 73°43'25" E, a distance of 18.83 feet; to a point of intersection with a non -tangent curve, concave Easterly, having a radial bearing of S 62'41'57" E 40.)thence along the arc of said curve to the left having a radius of 100.00 feet and a central angle of 27°30'19", and a arc distance of 48.01 feet to the curve's end; 41.)thence S 00°12'16" E, a distance of 14.47 feet; to the beginning of a curve, concave Northwesterly, 42.)thence Southerly along the arc of said curve to the right having a radius of 25.00 feet and a central angle of 38058'16", and a arc distance of 17.00 feet to the curve's end; 43.)thence S 03 56132" E, a distance of 9.30 feet; 44.)thence N 89°47'44" E, a distance of 96.96 feet, to the POINT OF BEGINNING; Containing 1.9946 acres of land, more or less. n i_µ o M -n t 0 sv m ,_4 M n ll7 WooDMdI T TRACT 56" 4-13-gog vCA Io P 5 7 �_ --- --- -.--- C14 Fy)♦{(A /CYPRESS CREEK CANA .L—..— ,_„—,�—.— •�•—'—"-•"--•— _ KW= tiGREEIC n c1fRAL CO -WITTY r — -r . — — . � — i , //// / / / /'/ �✓� Y Y $OUrNr,ATE BLvn ,a r t � Cam= SDUt'NGATE APTS . �..._,_..__...... a O%M = EX7(CN VP .i �wrt w '0tir S aM7 ` CAR7iR'S (' 1, d -g4 ST 8i T O r 64 ST 84 ST B4 ST ' n _� • TR46 __ a r \ 7 83 S7 83 S7 �f s r • FORD P�—. r kkWWucuu L e3 S a " ` r r a a r- " wNFL.OVER pE ST TR47 P J� t' A N.Ar£D�1 SS el PL ] a •°� , TR49 C� �` a H2 ST (�^ a PITS H 9e •� 81 PL •o TR33� / w \ i 81 CT '0 el S7 r a s(/! `�• v 81 CT 7 so PL Pac aL : h1 �� t it ] so CY � M 6 m � r � �� � r . � 1 .• i t _ mw G7 TR6q V.rgb `,• '�1� at $T r g't a- 1 C R a UN eW4.l1ERS1TY (� ` so PL a ��• s 0 CT a A aF a r 41 I � /' 80 CT 80 CT ` a'••1+t j0 TR54so CT �.� ;A, ST i Ha sT. 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