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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"), r. 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) /r a EXHIBIT -."A" 0 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 0 • 0 Stcr► 4t� PIA I� "� � � •e tee, aw sswr � � � / ��� I� � �e � to 1 ® e• ip m rri I K ",�v r A v at C4 t t t t = 340Ar ' let C7 .4 r. n x h rn � ZY ;• py r y � O s � � � • � 1C r I w � �N � �0. �• e t .l pro" 2 x I' : gro. N.W. 75TH STREET 1 r1/6 -5,z , • 0 z 0 a M a x W N I� N x m Y m m C 0 0 z �n A Z n � p A '^ v ro 0 n O z p A Z G m N h O z N 0 z x rm z m 0 z LMD sEcT/ov TRACT rP 88 PC. co � SAT 20J URS P N.W. 75TH STREET ��'� '�• A ►I G ,x i4 i 6 r- >rrs►►►r► � � K O W N a t >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. Q Ln s4z - C \ r t�J 4� qIV 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' % . s c,2- /s-'PL-�— CYH1srr 3— L 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. r I 1 I I I 1 J 1 N W V. 2 T f / i III it, W, 99 AVE. W T RR, rt I q / 1 I IQ (c I� rl I144 x�yljJ4 y o ll A AL DIIIVEw` I 1 A I IF 1�.. a �y�ti � Mr —1 w I e U r 9 YS- N Y // Y I M + • ''�' •' N (t �� =AVE. M.W i r'.. '0.O +` O 4rrar [. 4 R •, a �` o pf ,) A A7N 4 94- In r v'- AVE, "JP 0.• � N.W.e7 E io c �. IV. e. �r a' •.... � � � y' y Bg q 14 It Ir. W�aD,M �A`I p w ,t TER• ^�', so r lilt 04 �7 M.��J. ,•� ��y /y 1' 4• Y r `�14\ Lso AVE, M.W. ' 4Jr 11 Nw ?e A� t. 11. I Y t �ri;rjlJJjj�� ;...tr::•..rr+ r • r.F r e w r 11lfGfl!!1 r a rn X M I f.;• r;•.r� dr 019 o3� / n 00 WO-1 11 1 0 awe, L ! I ----_, LJOOI>mo,qmr �rRAV ... 67 ..._ .r.