HomeMy WebLinkAboutCity of Tamarac Resolution R-92-153Temp. Reso. # 6362
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92- J
A RESOLUTION APPROVING AND ACCEPTING A
TAMARAC UTILITIES WEST WATER AND SEWER
UTILITY EASEMENT FOR TWO (2) SANITARY
SEWER FACILITIES AND TWO (2) WATER
DISTRIBUTION 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 two (2) sanitary sewer facilities and two (2)
water distribution 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 day of�3 1992.
Z,/"/./XZ-C��
H. V BENDER
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution/as
t o f16TM . A . /1
�_MITCHELL S . 'KRApT / /
CITY ATTORNEY V
RECORD OF COUNCIL VOTE
MAYOR M
DISTRICT 1: M KAT
DISTRICT 2: /M
DISTRICT 3:--QVS-QUR,Fr ER
DISTRICT 4: C!M ,AROAAan4JI19 -
Corporate
„( - 9v2- --- 1.-3 ”
TAMARAC UTILITIES WEST
WATER AND SEWER UTILITY EASEMENT
FOR: Woodmont Tract 67
NAME OF PROJECT
On this �� day of 19 92
Regency Homes, Inc. , having an address of
2826 University Drive, Coral Springs, FL 33065 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)
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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
f.
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)
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11
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 ReQenc�/Jicgmes, I
By: „""t"
Corporate Secretary President �ScLi?at��
(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 311n the Cu ty afo esaid to take
acknowledgements, personally appeared ['� U � L
to me known to be the erson(s) described in and who executed the fore-
going instrument and �f acknowledged before me that � executed
the same.
r
WITNESS my hand and official seal this �/�� fj► qf� .,4L%
NOTARY PUBLIC, Stat bf:,
Florida at Lard
( Name of Notary
Print, Stamp, lorida for -Type- as. • �y
Commissioned
)Co.ru'icsi,n Exp�2�t 93
( Personally known to me, or
( ) Produced Identification
Type of I.A. Produced
( ) DID take an oath, or ( _f DID NOT take an oath.
050792 - 3 - TUW WSUE(C)
11
Corporate
ATTEST:
B l
J hn P . Ke 1
ity Manag
ATTEST:
By:
arol A. Evans, *•
City Clerk
• STATE OF FLORIDA
SS
COUNTY OF
ACCEPTED BY CITY OF TAMARAC
GRANTEE /Of
By:
A. L. Bender,
Mayor
Date: Z
BOty
P. Kel Y.
Manager
Date:
rByAp"ro ed s t form:
;
itc 11 S. Kraft,
City Attorney
0
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared 1�.L. o��So 4kh�rlr
to me known to be the person(s) described in and who executed thy
foregoing instrument and acknowledged before me that �
executed the same.
WITNESS my hand and official seal this � day of
19 92
CA �.�� .r 5��
NOTARY PUBLIC, State of
Florida at Large
Dt'x' L
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
STATE OF FLORIDA.
Mt �,waw ISSION EXPIRES. JUNE 26, 1993,
( ) Personally known to me, or GON010 TMRU NOTARY PVBWr. UNOERWRITER;.'
( ) Produced Identification
Type of I.D. Produced
If I DID take an oath, or (V) DID NOT take an oath.
MAST--DOC
TUW/W&SUT.ESMT.
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050792 - 4 - TUW WSUE(C)
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XHIB "A'
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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CONSUL. TECH
W NCeRING INC.
Consulting Engineers • Londplanners 0 Land Surveyors
C TEE 50 East Somple Rood 4 th Floor
Fbmpona ' Beach, Florida .33064 (305) 785 - 6400
-SKETCH AND DESCRIPTION---
NOTE: THIS IS NOT A SKETCH OF SURVEY BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
i
LEGEND
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P.O.C. - POINT OF COMMENCEMENT Bearings are based on
P.O.B. - POINT OF BEGINNING the North Line of said
P.O.T. - POINT OF TERMINATION Tract 67. Said line
being N 27°01'01" E.
I H-_P.EBY CERTIFY
THAT THE ATTFCHED SKET,;H L';0 DESCfi'�TiON
CONFORMS TO CHAPTER 2IHH-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.
rDEREVISIONS DATE BY CK'D
70E.Sc'R/Pi/ON F-1- 92 -TV -S rH)/7
2D415 Drawn By
- THIS DRwN'ING IS NOT VDEID UN'_ESS
IT EARS Ay OJ IG"JAL SEAL Ei S .
MAYNAR H. THOMPSO ATE
REGISTERED LAND SURVEYOR NO.3E54
STATE OF FLORIDA
NOTE+ The undersigned and CON51.1L-TECH ENGINCERINGi INC. make no
representations or guorontees as to 1hn cnmplettnes3 of the information
reflected hereon pertaining to eosements, righis•Of-war, stt-bocl. lines, rewvo-
tions, ogrcernenis or other matters of record. This instrument is intended 10
reflect or tel forth only those items shown in the ieftrtnces above.
CONSUL -TECH ENGINEERING, INC. did not research the public records for
matters offecling the lands shown.
NOTE: 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.
Checked By I S Nor T/ r F? I Scoie /1/,r s
9-11
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LEGAL DESCRIPTION
TAMARAC UTILITIES WEST
Sheet 2 of 2
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 Northwest corner of said Tract 67;
thence North 60052137" East along the North line of said Tract 67,
a distance of 280.64 feet to POINT OF BEGINNING "E", said
point being the centerline of a 20' easement;
thence South 29007123" East along said centerline, a distance of
90.00 feet to the POINT OF TERMINATION "E", said point being
the north line of a 40' private right-of-way and utility
easement.
together with
Commence at the said POINT OF TERMINATION "E";
thence South 37°33'11" West, a distance of 201.52 feet to POINT OF
BEGINNING "F", said point being the centerline of a 15'
easement, also being on the West line of a 40' private right-
of-way and utility easement;
thence South 60014'09" West along said centerline, a distance of
101.00 feet to the POINT OF TERMINATION "F", said point being
on the West line of said Tract 67, also being the East right-
of-way line of Pine Island Road.
together with
Commence at the said POINT OF TERMINATION "E";
thence South 19051141" East, a distance of 40.53 feet to POINT OF
BEGINNING "H", said point being the centerline of a 20'
easement, also being on the South line of a 40' private right-
of-way and utility easement;
thence South 29107123" East, a distance of 79.17 feet;
thence South 34024'55" East, a distance of 101.26 feet to the POINT
OF TERMINATION "H", said point being on the North line of said
40' private right-of-way and utility easement line of NW 76th
Court.
together with
Commence at the said POINT OF TERMINATION "F", said point being on
a curve concave to the East (with a radial bearing of South
60014'09"West);
thence along said curve having a radius of 2000.00 feet, a central
angle of 12016'32" and an arc distance of 428.49 feet to the
POINT OF BEGINNING "G",
thence North 47058'40" East, a distance of 20.09 feet to the POINT
OF TERMINATION "G" , said point being on the West side of a
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, South and West boundary lines of said
Tract 67 or of said 40' private right-of-way lines.
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