HomeMy WebLinkAboutCity of Tamarac Resolution R-92-152Temp. Reso. # 6361
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92-J
A RESOLUTION APPROVING AND ACCEPTING A
TAMARAC UTILITIES WEST WATER AND SEWER
UTILITY EASEMENT FOR FOUR (4) STORM
DRAINAGE FACILITIES OFFERED BY REGENCY
HOMES, INCORPORATED, FOR THE WOODMONT
TRACT 67 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 for four (4) storm drainage facilities offered
by Regency Homes, Incorporated, for the Woodmont Tract 67
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 �3Aa y of-
Y�, 1992.
;KIL. BENDER
MAYOR
ATTEST:
CAROL 9. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
appro this Resolut ' n as RECORD OF COUNCIL VOTE
to rm. MAYOR N
DISTRICT 1:1ri AT
ITCHELL S K FV DISTRICT 2: MA
CITY ATT RNEY DISTRICT 3: M S H..
DISTRICT 4: nAA ASIMAA,�r1ar.�w
Corporate
TAMARAC UTILITIES WEST
0 WATER AND SEWER UTILITY EASEMENT
FOR: Woodmont Tract 67
NAME OF PROJECT
On this c�Li5(:"*1day of 19 92
Regency Homes, Inc. , having an address of
2826 University Drive, Coral University Drive, Coral Springs, FL 330FL 33064 hereinafter ("Grantor"),
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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)
L�
E
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
q.
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)
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 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.
ATTEST: CORPORATION
Corporate a retary
STATE OF FLORIDA .
SS
COUNTY OF
By:
President T.
(Corporate Seal)
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and i the County afo esaid to take
acknowledgements, personally appeared
to me known to be the person(s) described in and who exe uted the fore-
going instrument and , J acknowledged before me that ecuted
the same.
WITNESS my hand and official seal this "�N� €� A � j'•��
NOTARY PUBLIC, St tk of
Florida at Large
-bz�-8 ooer� A c� Q�::
(Name of Notary
Print, Stamp, or,)*tpA.4aA,"cf Florida
Commissioned )°xp
( ✓) Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
0 ( ) DID take an oath, or ( DID NOT take an oath.
050792
- 3 -
TUW WSUE(C)
Corporate
ATTEST:
By: i
(John/ P. Kelly,
\Eao Manager
ATTEST:
BY:
Carol A. Evans, *.
City Clerk
STATE OF FLORIDA
SS
COUNTY OF
ACCEPTED BY CITY OF TAMARAC
GRANTEE
BY: /.
}j6f' LBender,
Mayor
Date:
By:
0
Jo P. Kelly,
y Manager
Date:
App ve as to orm-
B .
Mitchell S. Kraft,
City 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
0 acknowledgments, personally appeared H.G. rlolcr,Y a,a( _ ?�G W_IC(4 Y�L"&w
to me known to be the person(s) described in and ho executed the
foregoing instrument and acknowledged before me that e,
executed the same. LT
WITNESS my hand and official seal this_2e�� day of
19 92
Personally known to me, or
Produced Identification
( ) DID take an oath, or
MAST-DOC
TUW/W&SUT.ESMT.
mw
050792
NOTARY PUBLIC, State of
Florida at Large
Aj 1,o,✓1 S
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
Type of I.D. Produced
( Y DID NOT take an oath.
- 4 -
NOTARY PUBLIC, STATE OF FLORIDA.
mY COfr;MISSION EXPIRES: JUt4E 261 t0l
40NDLD TMRU NOTARY PUBWC UNDFRWRITZHi .
TUW WSUE(C)
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EXHIBIT -."A"
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All of Parcel "A", Parcel. "B", NW 87th Way and NW 76th Street as shown
on Woodmont Tract 67 Plat, recorded in Plat Book 118 Page 22, Broward
County Public Records, Broward County, Florida
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LMD sEcT/ov TRACT
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>rXhiENGINEEIING INC.
CONSUL TECH �, ,f
Consulting Engineers • Londplanners * Land Surveyors Og _ ��-/S d;
50 East Sample Rood 4 th Floor
Pompano ' Beach, Florida .33064 (305) 785 - 8400
-SKETCH AND DESCRIPTION ---
NOTE. THIS IS NOT A SKETCH OF SURVEY BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
/'4 i
Par c
I HEREBY CERTIFY
THAT THE ATTACHED SKETCH AND DESCRIPTION
CONFORMS TO CHAPTER 21HH-6.06 (1) (FLORIDA
ADMINISTRATIVE CODE), MINIMUM TECHNICAL
STANDARDS FOR LAND SURVEYING IN THE STATE
OF FLORIDA, AND IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF.
UPDATES/REVISIONS
DATE
BY
CK'D
Pob0.9zD¢.'S Drown By S. Ci
LEGEND
P.O.C. - POINT OF COMMENCEMENT
P.O.B. - POINT OF BEGINNING
P.O.T. - POINT OF TERMINATION
ll3zarings are based on
the North Lane of said
Tract 67. Said line
being N 27°01'01" E.
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THIS ()RaW•.NG IS NOT VA_iU I,'NLESS
IT BEARS AN ORIGINAL SEAL R SIGNATURE
MAYNAR H. ?'HOM?S ATE
REGISTERED LAND URYcYQR N0.3654
STATE OF FLORIDA
NOTE: The undersigned and CONSUL -TECH ENGINEERING, INC, make no
reDresentotions or guarantees as to the completeness of the information
reflected hereon pertoininq to easements, rights -of -way, set -bock lines, reserva-
tions, agreements Or other matters of record. This instrument is intended to
reflect or set forth only those items shown in the references above.
CONSUL -TECH ENGINEERING, INC. did not research the public records for
matters affecting the lands shown.
NOTES This instrument is the property of CONSUL -TECH ENGINEERING, INC.
and shall not be reproduced in whole or in port without written permission
of CONSUL -TECH ENGINEERING, INC. Q
Checked By I S.Yee7 / Df2 I Scale .1/TS'
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LEGAL DESCRIPTION Sheet 2 of 2
DRAINAGE EASEMENTS
A portion of lands lying in Woodmont Tract 67, as recorded in Plat Book 118, Page 22 of the
Public Records of Broward County, Florida, being more particularly described as follows:
Commence at the southeast corner of said Tract 67;
thence North 27°01'01" East along the north boundary line of said Tract 67, a distance of
265.92 feet;
thence South 87°13'26" West along the north boundary line of said Tract 67, a distance of
272.76 feet to POINT OF BEGINNING "A".
thence South 02°46'34" East, a distance of 102.00 feet to the POINT OF TERMINATION "A",
said point being the North line of a 40' private right-of-way and utility easement,
together with
Commence at the said POINT OF BEGINNING "A";
thence South 87°13'26" West along the north boundary line of said Tract 67, a distance of
79.03 feet;
thence South 67°40'08" West along the North boundary line of said Tract 6% a distance of
290.00 feet to POINT OF BEGINNING "B"; said point being the centerline of a 20'
drainage easement;
thence South 27°09'20" West along said centerline, a distance of 105.76 feet to the POINT OF
TERMINATION "B", said point being the North line of a 40' private right-of-way and
utility easement.
together with
Commence at the said POINT OF BEGINNING "B";
thence North 29°54'55" West along the north boundary line of said Tract 67, a distance of
330.02 feet to POINT OF BEGINNING "C", said point being the centerline of a 20'
drainage easement;
thence North 71 °51'00" West along said centerline, a distance of 108.50 feet to the POINT OF
TERMINATION "C"; said point being the North line of a 40' private right-of-way and
utility easement.
together with
Commence at the said POINT OF BEGINNING "C"
thence North 40035'05" East along the North boundary line of said Tract 67, a distance of
224.53 feet;
thence North 49024'55" West, a distance of 142.00 feet to POINT OF BEGINNING "D", said
point being the centerline of a 20' drainage easement also being on the North line of a
40' private right-of-way and utility easement;
thence North 49°24'55" West along said centerline, a distance of 72.27 feet to the POINT OF
TERMINATION "D", said point being the North line of a 40' private right-of-way and
utility easement.
Said lands lying and being in the City of Tamarac, Broward County, Florida
NOTE: Side lines of easements will be prolonged or shortened to terminate at said North
boundary line of Tract 67 or of said North 40' private right-of-way lines.
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