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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-011I so 33 32 33 31 YS 35 37 is 21 2 22 23 24 25 26 27 28 29 3C 33 3. 3S1 Temp. Reso. #6212 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92- 1_ A RESOLUTION APPROVING AND ACCEPTING A TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY RICHARD C. JONES, TRUSTEE, FOR THE WESTPOINT WATER MAIN EXTENSION 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 Richard C. Jones, Trustee, for the Westpoint water main extension 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 immediately upon adoption. PASSED, ADOPTED AND APPROVED this/gWay of 1992. ATTEST: d ' CAROL A. EVANS CITY CLERK I HEREBY CERT hat I have approv his esolu as to rmm. ALAN F. RUF CITY ATTCUNEY -ABRAMOWITZ MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ t?!5rn 1CT 2: DISTRiCTi 3: (.: kN1 �LrNS EFA DISTRICT4: _ V'frA �`. TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT FOR: WESTPOINT NAME OF PROJECT On this C2 th day of , 19 Richard C. Jones, Trustee having an address of 200 W. Madison St., Chicago, IL 60606 , 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. 072789 -1- TUW WSUE -ga 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 0 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. 072789 -2- TUW WSUE 1C_901-�1f This instrument contains the entire agreement between tween 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 dmeZ74.) in th�-7 sence of: �-t ca►y� W tness/,-j4-r/l.ri,4 --. Witness <2Aitt4, tA. Zc(3: T STATE OF FXXV= ILLINOIS COUNTY OF AC40MM C'oa/[ (GRANTOR) Rich rd C. Jones, Trustee 200 W. Madison SIareet, Chicago, Illinois 60606 (Seal if Corporation) 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 Richard C. Jones, Trustee to me known to be the person described in and who executed the fore- going instrument and AE_ acknowledged before me that ,� ` executed the same. WITNESS my hand and official seal in the County and State last aforesaid this .26 day of _ XAvuAoey 19 9L . My Commission Expires: q l 9 072790 0 Notary PujDjLtc NARY r�owirt OFFICIAL MAR Y NOjjr>fA�SU NOTARY PUBLIC, STgTE OF ILLINOIS MY COMMISSION FKpIRrS 11/9/93 -3- ATTEST: By ATTEST: By Cifrol A. Evans, CITY CLERK STATE OF FLORIDA • COUNTY OF BROWARD 1t�_ %�_) I ,P ACCEPTED BY CITY OF TAMARAC, GRANTEE By jYNrma_nALjr,b"amowRz, OR 1 � Date. I A & ! 1 � B Date: By bhn P. K�'�� I TY MANAGER �`/1 A ove a to an F. Ruf,' CITY ATTO EY 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 he erson described in and wh6 executed the fore- going instrument and ew acknowledged before me that executed the same. WITNESS my hand and seal at Fort Lauderdale, Broow�^ard County, Florida, this 06h day of `1 19 Notary Public My Commission Expires: iih,;iARY PUDLIC, 5FArc" OF FLOE-: n. MY COiIMISSION EXPIRES: JUNC 26, 1993. BONORD TNRU NOTARY PUBUC UNDERWRITRRB. TUE/W&SUT.ESMT. Revised 5/8/89 Revised 7/27/90 072789 TUW WSUE -4- C 1! 4 " a/ EXHIBIT "B" 1 of 4 SURVEY NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASESMENTc, OWNERSHIP, OR OTHER INSTRUMENTS OF RECOP,D. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO FI.ORIOA COORDINATE SYSTEM FAFT ZONE, GRID NORTH, TRANSVERSE MERCATOR PROJECTION (STONER"KEITH RESURVEY AS RECORDED IN MISC. PLAT BOOK 3, PAGE 44, OF THE PUBLIC\RECORDS G� BROWARD COUNTY, FLORIDA). '. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. THIS SKETCH DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. LAND DESCRIPTION: EXCLUSIVE CITY OF TAMARAC UTILITY EASEMENT A PORTION OF TRACTS 27 AND 28, "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID PORTION BEING IN THE SOUTHEAST ONE -QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7; THENCE NORTH 010 24' 48" WEST ALONG THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 60.00 FEET; THENCE SOUTH 89° 06' 50" WEST ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 7, 139.49 FEET; THENCE NORTH 000 52' 48" WEST, 10.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 000 52' 48" WEST, 14.00 FEET; THENCE NORTH 89° 06' 50" EAST, 22.15 FEET; THENCE NORTH 43° 51' 0 1 " EAST, 29.71 FEET; THENCE NORTH 01° 24' 48" WEST, 295.73 FEET; THENCE NORTH 020 01' 13" EAST, 200.36 FEET; THENCE NORTH 010 24' 48" WEST, 4.96 FEET; THENCE SOUTH 880 35' 12" WEST, 7.00 FEET; THENCE NORTH 010 ;--4' 48" WEST, 86.45 FEET; THENCE SOUTH 880 35' 12 WEST, 10.89 FEET; THENCE NORTH 010 24' 48" WEST, 15.00 FEET; THENCE NORTH 880 35' 12" EAST, 10.89 FEET; THENCE NORTH 01' 24' 48' WEST, 199.22 FEET; THENCE NORTH 060 33' 23" EAST, 50.49 FEET; THENCE NORTH 010 24' 48" WEST, 269.40 FEET; THENCE NORTH 46' 24' 47" WEST, 10.58 FEET; THENCE NORTH 00* 54' 30" WEST, 19.63 FEET; THENCE SOUTH 460 24' 47 ' 46AST, 30.13 FEET; THENCE SOUTH 010 24' 48" EAST, 216.17 FEET; THENCE SOUTH 06' 31 23" WEST, 50.49 FEET; THENCE SOUTH 01° 24' 48" EAST, 285.70 FEET; THENCE NORTH 880 35' 12" EAST, 7.00 FEET; THENCE SOUTH 010 24' 48" EAST, 19.38 FEET; THENCE SOUTH 020 01' 13" WEST, 200.36 FEET; THENCE SOUTH 010 24' 48" EAST, 301.14 FEET; THENCE SOUTH 43° 51' 01" WEST, 41.39 FEET; THENCE SOUTH 89' nF- 50" WEST, 27.99 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINT�:`; 17,179 SQUARE FEET, MORE OR LESS. CERTIFICATE: WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HFPE()N DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE: AND BELIEF AS DELINEATED UNDER OUR DIRECTION IN JANUARY, 1992. WE FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND. SURVEYORS IN CHAPTER 21HH- e, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. 112851K.WE KEITH AND SCHNARS, P.A. IN S-PLANNERS--SURVEYORS � 1 A i�ZRIDA REGISTRATION NO. A323 SKETCH OF DESCRIPTION EXCLUSIVE EASEMENT A PORTION OF TRACTS 27&28 FLORIDA FRUIT LANDS CO'S SUB.N0.2 (P.B.I,PG.102,P.B.C.R.) CITY OF TAMARAC, BROWARD COUNTY,FLA. DATE]N/A SCAL FEED DWNG. CHK. DATE F r' PV85!128SUSDDI.DG4 EXHIBIT "B" 2 of 4 LEGEND ORB. OFFICIAL RECORD BOOK 200 200 q 0 P.B. PLAT BOOK PG. PAGE R/W RIGHT-OF-WAY GRAPHIC SCALE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT N SEC. SECTION • P.B.C.R. PALM BEACH COUNTY RECORDS SOFT. SQUARE FEET ----- --- --ao�x-J� S46°24'47"E. 30.13' N00°S4'3O"W, 19.63' N46°24'47"W, IO.S8 NNQ SOI°24'48"E, 276.17' NO1024'48"W, 269.40' z LQL1 z f,I to N06033'23"E, 50.49, 506033'23"W, 50.49' Li .+ n .-� N 01 ° 2 4' 4 8 "W, 1 9 9.2 2' Lu Ln S01 °24'48 "E, 285. 70' ~` �j Ln • N88035' 12"E, 10.69, o I Lli z m N01°24'46"W, 15.00' > a a= Q cv S88°35' 1 2 "W, 1 0.89' N88°354' 1 2 "E, 7.00' ►-, rn 0 N01 °24'48"W, 86.45' S01 °24'48"E, 19.38' (J) U CL S88°35'12"W, 7.00 ri(ORB. S02°01'13"W, 200.36'V) = zCN02°01'13"E, N01°24'48"W, 4.96 WESTERLY R/W LINEX 200.36' a 14 P54 PG. 479 ) L1J 1— N k ORB. 14754, PG. 102 ) A � v N01 °24'48"W, 295.73' 24'48"E, 301.14' d N43°51'01"E, 29.71' 0 1-- N89°06'50"E, 22.15' AST LINE SEC.7-49-41 0 N00°52'48"W, 14.00' J P.O.BN00°52'48"W, 10.00, °51'01"W, 41.39' F- COMMERCIAL BLVD.Nol°24'a8"W,60.00' SOUTH LINE SEC.7-49-41 S89°06'50"W, 139.49'P.O.cS89°06'50"W, 27.9 S.E. CORNER SKETCH OF DESCRIPTION EXCLUSIVE EASEMENT A PORTION OF TRACTS 27&28 FLORIDA FRUIT LANDS CO'S SUB.NO.2 (P.B.I,PG.102,P.B.C.R.) CITY OF TAMARAC, BROWARD COUNTY,FLA. DATE 1/92 SCALEAS SHOWN FIELD BK. N/A DWNG. BY M.S_ I CHK. BY J.P.W. DA EXHIBIT "B" 3 of 4 SURVEY NOTES: t. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO FLORIDA COORDINATE SYSTEM EAST ZONE, GRID NORTH, TRANSVERSE MERCATOR PROJECTION (STONER/KEITH RESURVEY 49 AS RECORDED IN MISC. PLAT BOOK 3, PAGE 44, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA). 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. THIS SKETCH DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. LAND DESCRIPTION: 14-FOOT EXCLUSIVE CITY OF TAMARAC UTILITY EASEMENT A PORTION OF TRACT 26, "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2"", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 7--49-41; THENCE NORTH 010 24' 48" WEST ALONG THE EAST LINE OF SAID SECTION 7-49-41, A DISTANCE OF 1414.69 FEET; THENCE SOUTH 88° 35' 12" WEST, 96.00 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE WESTERLY RIGHT--OF-WAY LINE OF NOB HILL ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 14754, PAGE 102, AND OFFICIAL RECORDS BOOK 14154, PAGE 479 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTH 010 24' 48" WEST, 324.96 FEET; THENCE NORTH 030 09' 39" EAST, 143.94 FEET; THENCE SOUTH 86° 50' 03" EAST, 14.00 FEET; THENCE SOUTH 030 09' 39' WEST, 143.38 FEET; THENCE SOUTH 010 24' 48" EAST, 310.40 FEET; THENCE SOUTH 430 35' 15" WEST ALONG AFORESAID WESTERLY RIGHT-OF-WAY LINE, 19.80 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING is46 ACRE, MORE OR LESS. CERTIFICATE: WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS DELINEATED UNDER OUR DIRECTION IN JANUARY, 1992. WE FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 21HH- 6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. 112854.TUE KEITH AND SCHNARS, P.A. ENGINEERS -PLANNERS -SURVEYORS l B J N P. WEBER, P.L.S. FLQRI A REGISTRATION _NO, 4323 L C� J EXHIBIT "B" 11 ��,,• / 1 �� 4 of 4 / n is w a U cJ7 U iL Q U9 LEGEND N I O.R. - OFFICIAL RECORD BOOK I P.G. - PLAT •PAGE 800K S 86'50'03'E 14.00' P.L.S. - PROFESSIONAL LAND SURVEYOR P.O.B. • POINT OF BEGINNING P.O.C. • POINT OF COMENCEbENT R/W - RIGHT-OF-WAY SEC. . SECTION M c" M 10 IQ o� I �0 Q~ to 2t,► o I so � a . � I a� v! w tf AI cn it I OC a , m w;W v1= � Eh N M Im vi a4 80 � , Z k- LAI � 0 o I V) P.O.B. ' 5 B8'35'12'IN I ------------------- Zq g, v �I - w,W N � I Ll I , I , � I I - - COMMERCIAL -BLVD. _ - - I P.O.C. S.E. CORNER I FILE:1285USDOI.DGN I - SKETCH OF DESCRIPTIOt EXCLUSIVE CITY OF TA MARAC EASEMENT UTIL A PORTION OF TRACT 26 FLORIDA FRUIT LANDS CO'S SUB. NO. (P.B. I, PG.102 P.B.C.R.) CITY OF TAMARAC BRONARD COUNTY,F IDATE 2 .A. LARCH 91 SCALE As SHOWN FIELD BK. WA OWL BY I.M. CWK. BY �QW- DATE IL C rII[FF iA(fF CANALJ� Rx- rt F Lro"fit .IpyiTR111 ( 71-11) o p )NS CQMMEJ' YY c.AL iwo— MA PAf L, vcATioN MAP FAR w EST PoWT WATER A7AIAI exTFAI S/0A/