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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-0783 2 3 1 f i i 3; 2 ]S Temp. Reso. # 6283- CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92-- 7S A RESOLUTION APPROVING AND ACCEPTING A WATER AND SEWER UTILITY EASEMENT OFFERED BY THE WOODLAND GOLF ASSOCIATION, INC., D/B/A WOODLANDS COUNTRY CLUB FOR THE ROCK ISLAND ROAD AND NORTHWEST 44 STREET AND THE WOODLANDS COUNTRYCLUB BACKBONE WATER DISTRIBUTION SYSTEM, T.U.W. PROJECT NO. 90-12A PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Water and Sewer Utility easement offered by The Woodlands Golf Association, Inc., d/b/a Woodlands Country Club for the Rock Island Road and NW 44 Street and The Woodlands Country Club, Backbone Water Distribution System, T.U.W. Project No. 90-12A 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 i3""day of 0-0� ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have appr this Resolution as to horml. i V MITCHELL S. KRAFV " CITY ATTORNEY e L. BENDER MAYOR RECORD OF COUNCIL. MAYOR BENDER DISTRICT 1: QLA KAT7 DISTRICT 2: _ VV/M SCHI�AN DISTRICT 3: _C!M SCHREIBE DISTRICT 4: C/M ABRAMON ,1992. 7 C1 Ke_� _ 17f & TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT FOR: Rock Island Road & N.W. 44th Street and the Woodlands Fo-untry Club Backbone Water Distribution System, T.U.W., Project No. 90-12A On this 26±_ day of 19 Q 2- The Woodlands Golf Association Inc. D B A Woodlands Country Club havina an address of 4600 Woodlands Blvd. Tamarac Florida,_33319 , 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 041492 --1- TUW WS UE I� e facilities, sewer lines and appurtenant facilities as well as for surface water storm drainage, and for other comparable public utility purposes. 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 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. 041492 IWM TUW WSUB 0 0 11- ad. - r79 P 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 The Woodlands Golf Assoc.,Inc. D.B.A. Woodlands Coqntry Club By: A Zb"a"yd Mr. Leo Kaplan Mr. Ify Prank Corporate Secretary President (Corporate Seal) STATE OF FLORIDA SS COUNTY OF E3mLia.'-d- : 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 -:v-a rJe- to me known to be the person(s) describedin and who executed the fore- going instrument and kF acknowledged before me that hC executed the same. . U;ITNESS my hand and official seal this 20193 day of _ 92 1 Gt_ NOTARY PUBLIC STATE OF FLORIDA NOTARY PUBLIC, St to of ^ MY COMMISSION EXP. NOV. 6.1994 e Florida at Large BONDED THRU GENERAL INS. UND, g i -AN A D . 4--}o t)6 Sail (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( L-� Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( / ) DID NOT take an oath. ��IiZ-�Y% -3- ATTEST: By: ohn . Kelly, i Manager ATTEST: By: arol A. Evans, City Clerk STATE OF FLORIDA SS COUNTY OF Ife- �.2 --? F P/ CITY OZ./'-4 MARAC: By: HAf L. ender, Mayor Date Date . rArov d s to f Mitchell S. a , City Atto ey 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 to me known to be the person(s) described in and v1ho executed Me - foregoing instrument and � acknowledged before me that �e executed the same. WITNESS my hand and official seal this C2:Q day of 19 -9-2-_ . NOTARY PUBLIC, STATE OF FLORIAA'e .a C1 , 40EJ 1T11, f 07A 7YpIRE PUBLIC UNDER , 190y NOTARY PUBLIC, State of Florida at Large_ (Name of Notary Public: Print, Stamp, or Type as Commissioned) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( �.^ ) DID NOT take an oath. MAST-DOC 0414/92 TUW WSUE TUW/W&SUT.ESMT. Revised 4/14/92-mw -4- - h$r+►�� + 4 �.h .1' tie• ��. Q �'.{y �'a. Q h 0 'Q r�� •�{E �"9� r% /!IM Q•� �• � � 1.t 103 D3 �j1 E � y '•r /i1KMit� t �0.0 LtM 00 \ �� r 9A4EMEaT / (rrp THE WOODLANDS l �" COUNTRY CLUB I I P. B, 67, PG. 30) 4 I I I� I I • .. i I �l i� 11 I I Po�►.�T OF • �- L229,5-��- ( I B�Uint�� CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT. UTILITIES WEST DIVISION DR. D.K. CHK. 20' UTILITY EASEMENT, S.E. I/4 SEC. 14 -49 -41 SC! DATE 4/15/92 EXHIBIT SMT l of 2 . � � � i '� 4i C q �' , .� k► � � a 7 p �� ,� •�► �� °a ._ .U�_� die �a u tf All 4� Z. Ned fa+.. Y bwbpUa �. .`�VC1�R°z11at�.CNIq u%p 141 Y �Ct Ilk aa�aa+: a abv� A 1y a u L n �a$�oG3.ois �� ob a$$a� o ;%'K�� QcC1n P. $ $o ry a$'�a�+a°Wean J� ut C ' F.1.lb Kt U tf1 .Q r. fu Q..0 W,� 01,Pzz z u b ku qn us tb 2`0 is a�f to •�•�$'� .� � �' '�.; '^ •-r.-o.$Wh°"n Ike W. 1�3 r �13 wito 14 l pZ.b a � y �a� .�► n �n Q,C�q y. � ��p���v � a ba�re ��.p►a��a+ �." D CND, aai�M�� U i..h 1.h -Ep ���gb�va CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT. UTILITIES WEST DIVISION HEIiN OOD CLUBS DR D.K. CHK. S.E.1/4 SEC. 14 -49-4I SC! DATE 4/15/92 EXHIBIT sa L z 4F 12 I I I I I I I I I I i I I I I NORTH L ALE I , I ' I I I j I � I I I 6 I I I I I I BROWARD I I 1 I. (-4.W.62 ST.) I B a I L E Y A I L E Y I I 1-2 " i I 5 T. v N.W. 57 YRTLE CIR MMERCIAL SLY 'EIPCKEI'�. C7.,,. - ..�� 4.,0 LE .n• •o•.: • w• ' LANE e o_hK.. ' r.'. i'r' ivHegi'. I `: CT. Y - _ O.ij +J""� :�., i'EA5ANT G I •MILL ,I J: �F.;� •s LANE _ ': CT L or qT I o N 1A A p I �, i I' zLl. 1 1 r ST - o N.K.5p PL. LAKE c GT. o W 1 n j 3 Y +�' ►t,W, 5i S7� w 1:.Yi. 56 s ,� SITE � I � I I SABAL PALM 1 I a LF 7CGO URSE —NW —i ICI EXHIBIT "B" SKETCH AND L60AL DESCRIPTION BY PULICE LAND SURVEYORS, INC. i 5381 NOR HILL ROAD ! SUNRISE, FLORIDA 33351 (305) 572.1777 FAX (305) 572-1778 / of 4- rs S�nar .sAOWG:-r' 2 I► II i i' 1 N �I' II I it/¢4 cQ % rya Gt/ � r I I i I �voo°.5'2'a4 1 1 ' "'7NEwav�.G.�7.vU.5 caurli-"Py�ti.v�3 �� r 1 7E" 7 Sc�,"E 0' Zzzq,SS, x/ vt/ 44rv. TAMARAC ScailL i"-100' 23322 Date•. 3-23-92 For. CITY OF TAMARAC �,,v r aF BE.V /.vv/.IJG John F. Pulice, Rog. Land wurvoyor 02691 Michael Charles Flynn, Rog. Land Surveyor 03281 state of Florida ff-R_iz_f7,f" E SKETCH AND LEGAL DESCRIPTION fay PULICE LAND SURVEYORS, INC. 5381 NOD HILL ROAD SUNRISE, FLORIDA 33351 (305)572.1777 FAX (305) 572-1778 File: TAMAR.AC Scaly 1"=100' D : 23322 Date: 3-23-92 For. CITYOF TAMARAC EXHIBIT "B" z OF .4 5 m .tro4°3o 37'E ' r r \ v� 7'"I'V 4 770A) I I �I ICI II II John F. Pullce, Rey. Land Surveyor 02691 Michael Charles Flynn, Ftaq. Land Surveyor 03281 State of Florida I tf f - q42-- ? 11 (1 SKETCH AND LEGAL DESCRIPTION BY POLICE LAND SURVEYORSt INC. $381 NOD HILL ROAD SUNRISE, FLORIDA 33351 s� r aF- ¢ sNETs (305) 572.1777 FAX (305) 572-1778 a�a File: TAMARAC scsl 1"=100' 0 .: 23322 Date.. 3-23-92 F*n CITY OF TAMARAC •rl27 ¢/ 'U8 "GJ /07,��' ,6/3ly b2e '55 23�.—;.30' John F. Pullcs, Fine. Land Surveyor 02091 Michael Chad*% Flynn, Roo. land Surveyor #3281 State of Florida � SKETCH AND LEGAL DESCRIPTION SHEET 4 OF 4 SHEETS. BY POLICE LAND SURVEYORS, INC. 0 8381 NOB HILL ROAD SUNRISE, FLORIDA 33381 (305) 572.1777 FAX (305) 572-1778 LEGAL DESCRIPTION: A portion of "THE WOODLANDS COUNTRY CLUB" according to the plat thereof as recorded in Plat Book 67 at Page 30 of the Public Records of Broward County, Florida; being a 20 foot wide utility easement lying 10 feet on each side of the following described centerline: Commence at the Southwest corner of said plat; thence run South 89' 07'56" East along the South line of said plat for a distance of 2229.55 feet to the Point of Beginning; thence run North 00052'04" East for a distance of 141.85 feet to a point; thence run North 44007156" West for a distance of 35.71 feet to a point; thence run North 00°19' 46" West for a distance of 306.63 feet to a point, said point also being reference point "A"; thence run South 89°04'26" East fora dis- tance of 64.00 feet to a point; thence run North 12°11'37" East for a distance of 179.38 feet to,a point; thence run North 56°51'07" East for a distance of 50.26 feet to a point of curvature of a circular curve concave to the Northwest; thence run Northeasterly along the arc of said curve, having a radius of 150.00 feet, thru a central angle of 52°20'30", for an arc distance of 137.03 feet to a point of tangency; thence run North 04°30'37" East for a distance of 49.81 feet to a point; thence run North 29°04'37" East for a distance of 45.08 feet to a point of termination on the South right -of -Way line of Mulberry Drive; thence returning to reference point "A", run North 89°04'2.6" West for a distance of 183.10 feet to a point; thence run North 36' 28'55" West for a distance of 234.30 feet to a point; thence run North 27°41'08" West for a distance of 107.99 feet to a point; thence run North 40°06'56" West for a distance of 63.75 feet to a point; thence run North 25°00'46" West for a distance of 53.16 feet to a point; thence run South 78°01'52" West for a distance of 49.96 feet to a point of termination. NOTES: 1) Bearings are based on the South line of "THE WOODLANDS COUNTRY CLUB" being South 89°0715,6" East. 2) This sketch and legal does not represent a field survey. File: Tamarac Soal Or 23322 Date•. 3-2792 For. City of Tamarac ;JohnF. Pulico, flag. Land Surveyor 02891 Michael Charles Flynn, Rap. Land Surveyor 03281 State of Florida 111` r r f ,7- - I 9"