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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-153Temp. Reso. # 6362 10 11 12 11 14 35 16 17 18 3� 12C d: 31 34 35 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) I* It /J - q.;7- ,,,! 3 11 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) y 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. mw 050792 - 4 - TUW WSUE(C) p 'r 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 0 0 Jo2-1S3 z�/z • C1 D S4rc114 T�nr rp•s• a��°� c � � Y i C #N a b 1 "�"hsIn *► r 1N 417 r .► ► .zo raw fs r N b►� Mr 1 �(A A n i 1 tib � la ►_ __ ® �� ap all R —i rn « a Z e t Q e r. S rn V O., mZ ®.... In rn n C r r p .r \ it \ `' m nag it r s e N-W. 75TH STFEEr `�� p S� I1 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 K 0� 53 � 79 ybA7�3 E _T_o N `N 0 M PD.E3. "c" " � l SG o,4v9� �' • B� rti 0 �-�s- kl\ n 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 1k/Z-0702-/'-3It 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. \survey\1eg1\920415.TUW Iv w. V' z 1 9s AVE, w �+ r eB ~ •� r a MEMO I I ANAL _DRIVE-`� -p IF N.W.95 AVE, m '� eIVDW. N.W r ro a Y 1^ I H , N WAY AY 1 V r a = W AV E.� N.W. ro a l r 1. 92 =AvE. Mn wi:. = O S 7 N. I AVE.lb .�• Y .• + rn ib a x 30 d ^ g7 F" m u a ate. m n _ ra - 0 . f h 1 \ s. z wA - - N1'.1 •M•N A tip i, K, . ` pi q 7p, \ s ANYAN RKW GIRT' �r .w. B4 ' a + r•' \ C a � � �5 \ mod.. �►.. 1 �\ s 1 r .�• `O\,yo\ - 0 0 %iC all I �V R r \ w � N.w. 79 1� ti kw74 Ay _ _ „' .%:ru f�r"�' ftr::+r:•'�.'!r Fry^4 f r` /'��• ri:..t/fjr'_r,���(•�irr j r (llfr .4 tff g R, S 7 I x C I �(llflr r !�' f�r• 'i PI m m 0 `f 1 0 / R LJO01)IMONT., R�1�'T 67 lo(A7-10a MAP