HomeMy WebLinkAboutCity of Tamarac Resolution R-90-1121
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Temp. Reso. #5775
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-90- //aZ
A RESOLUTION APPROVING AND ACCEPTING A
WATER AND SEWER UTILITY EASEMENT OFFERED
BY THE LANDINGS ON CYPRESS GREENS AND
FAIRMONT DEVELOPMENT CORPORATION FOR THE
LANDINGS ON CYPRESS GREENS 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 Landings on Cypress Greens and Fairmont Development
Corporation for The Landings on Cypress Greens 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 upon
adoption.
PASSED, ADOPTED AND APPROVED this,,?,S day of
ATTEST:,
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to o
ALAN F. R
INTERIM CI11Y ATTORNEY
J
NORMAN ABRAMOWITZ
MAYOR
, 1990.
RECORD OF COUNCIL VOTE
MAYOR
ABRAMOWITZ
DISTRICT 1:
�C/M ROHR
DISTRICT 2:
CIM SCHUMANN
DISTRICT 3:
V/M HOFFMAN
DISTRICT 4:
CIM BENDER ALC
4
WATER AND SEWER UTILITY EASEMENT
FOR: THE LANDINGS ON CYPRESS GREENS
On this Z day of November, 1989, The Landings On Cypress
Greens, a Florida Joint Venture, joined by Fairmont Development
Corporation, a Florida corporation, (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 a 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 the
portion of the servient estate described in Exhibits B-1, B--2, B-3, B-4,
B-5 and B-6 attached hereto and incorporated by reference herein, (here-
inafter "the servient 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.
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.
Grantor and its successors and assigns may, for their own
purposes and for the purposes permitted for Common Areas, as set forth
in The Declaration Of Protective Covenants And Restrictions for The
1
Landings On Cypress Greens, as recorded at Official Records Book 13516,
Page 436, of the Public Records of Broward County, Florida, as amended,
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, its
successors and assigns, impede the easement herein granted or the
exercise of the rights of use hereunder.
Grantor grants to Grantee, a perpetual nonexclusive 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.
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
obligated.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and
seal on the day and year first written above.
Signed in our presence:
jM9iChe�k axwett
IpTr.— M ane
cane
THE LANDINGS ON CYPRESS GREENS, a
Florida Joint Venture, By Fairmont Development Corporation,
a Florida corporation, a Joint
Venturer
By:
!president
And By Lautin Ventures, Inc., a .
Florida corporation, a Joint
Venturer
By: OUTINK,
_E J. L President
a
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Description of the servient estate:
The lands included in the attached Surveys of
Buildings 12, 13 and 18, of The Landings On Cypress Greens
(Pages 2, 3, and 4, of this Exhibit "A"), LESS that portion
of said lands which is described as "Units" in the attached
Pages 5, 6, and 7., of this Exhibit "A";
Together with the Lands described as Easement No. 1 and
Easement No. 2 on Exhibit B-5, attached;
Together with the Lands described as Easement No. 1 and
Easement No. 2 on the attached B-6, attached.
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E x 945i r" E5—1
LECAL DESCRIPTION FOR UTILITY EASEMENT
(THE LANDINCS ON CYPRESS CREENS TRACT 6)
It ■
Exhibit B-•1
page 1 of 2
NOTE; The above is a Legal Description
as shown and not a Land
Boundary Survey. Sheet 1 of 2
SURVEYOR'S CERTIFICATE
1 hereby certify that* recent survey of the above described property was made under my responsible direction and supervision and that
there are no above around encroachments unless otherwise noted. I further vanity that this survey meets the minimum technical
standards as set fonh• by the# Florida Board of Land Surveyors pursuant to Section 472.07 Florida Statute# and the minimum
rrqurrements of the F.L.T.A.
SCALE 1" - 100
SURVEY DATE January 7th 1988
atwt
K.T. BOCLE It ASSOC. INC.
LAND SURVEYORS ROBERT T. BOGLE
I � 7'" 80 Taft Street, Hollywood. FL 29024 ReQlrlered Laird Surveyor No. 3277
STATE OF FLORIDA
-R
N
Exhibit — B +)
page 2 0$ 2
LEGAL DESCRIPTION FOR UTILITY EASEMENT
(THE LANDINGS ON CYPRESS GREENS TRACT 6)
Being a portion of Tract 6 "THE LANDINGS ON CYPRESS GREENS", as recorded in Plat Book 131
Pane 31 of the Public Records of Broward County, Florida, being more particulary described
as follows:
Commence at the Northwest corner of said Tract 6; thence North 89036'03" East (bearings
based on said plat) along the North line for 124,00feet; thence South 0023'57" East for
10.00 feet to the Point of Beginning; thence continue South 0023'57" East for 100.00 feet;
thence South 89036'03" West for 8.00 feet; thence South 0023'57" East for 103.67 feet to a
point of curvature; thence on a'curve to the right having a radius of 25 feet a central
angle of 900 for an arc distance of 39.27 feet to a point of tangency; thence South 89036'
03" West for 71.00 feet; thence North 0023'57" West for 12.00 feet; thence North 89036'03"
East for 71.00 feet to a point of curvature; thence on a curve to the left having a radius
of 13 foet u central angle of 900 for.an are distance of 20.42 feet to a point of tangency;
thence North 0023'57" West for 203.67 feet; thence North 89036'03" East for 20.00 feet to
the Point of Beginning.
Sheet 2 of 2
0
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ATTEST:
By
aJ An P. Kel y,
ITY MANAGER
ATTEST:
By
Carol A. Evans,
CITY CLERK
STATE OF FLORIDA
COUNTY OF BROWARD
ACCEPTED BY CITY OF TAMARAC,
GRANVEE
BY %-X-X!P1
rman Abramowitz,
MAYOR
Date: 3a 94
B
ohn P. Kell
CITY MANAGER
Date: V�/23o / 9'0
prov d as to
By
CITY ATTORNE
4
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowl g ments, � rsonally
Laii., L!,.[ii7C�tti7f�G� L
to me known to be t rs6n de cribed in and who execut d the fore-
going instrument and" acknowledged before me that executed
the same. �'-"`7
WITNESS my hand and seal t Fort auderdalee,�roward County,
Florida, this ..--...` day of
Notary Public
My Commission Expires:
Notary Public, State of Florida at Large
My Commission Expires June 15, 1991
Bonded thru Huckleberry & Associates
TUW/W&SUT.ESMT.
Revised 5/8/89
050889
QC
TUW WSUE
Michette Max We Z
FAIRMONT DEVELOPMENT CORPORATION, a
Florida cor ation
.tte
By Chn cb B. Payne Presideit;-���
1.
STATE OF—(I,-V&Gc�__��_)
COUNTY OF )
�. 'The foregoing instrument was acknowledged before me this —X-F-LIA-f day
Lq
President of Fairmont Development Corporation, a Florida corporation,
on behalf of the corporation, both for the corporation and as a Joint
Venturer of The Landings On Cypress Greens, a Florida joint venture.
V TARYTU L I C
My commission expires: g-.2?-#3
STATE OF FLORIDA)
COUNTY OF BROWARD)
7'r
The foregoing instrument was acknowledged before me this LZ day
of 1989, by LEWIS J. LAUTIN, as President of Lautin
Ventures, Inc., a Florida corporation, on behalf of the corporation,.
both for ff
rporation and as a Joint Venturer of The Landings On
Cypre s Ga Florida Joint Venture.
R" PUB IC
My commission expires: Z/1`l/9% '. !
THIS INSTRUMENT PREPARED BY AND RETURN TO:
William J. McPharlin, P.A.
8360 West Oakland Park Boulevard #301
Fort Lauderdale, Florida 33351-7394
J
3
LEGAL DESCRIPTION FOR UTILITY EASEMENT
(TILE LANDINGS ON CYPRESS GREENS TRACT 6)
Exhibit — A-Z
page 1 Of 2
N• B�' 36 'O.I•" C
roor.rcr c
g- �6) - / 1,7?-
NOTE: The above is a Legal Description
as shown and not a Land
Boundary Survey.
Sheet 1 of 2
SURVEYOR'S CERTIFICATE
1 hereby candy that a recant survey of the above described property was made under my responsible direction and supervision and tnat
theta are no above ground encroachments unless otherwise noted. I further catlty that this survey moats the minimum technical
standards as set forth by the Florida Board of Lind Surveyors pursuant to Section 472.07 Florida Statutes and the minimum
requirements of the F.L.T.A. '
SCALE P - 100r
SURVEY DATE January 7th 1988
SLAL •
R.T. BOfLE L ASSOC, INC.
LAND SURVEYORS
ROBERT T. $OGLE
7080 Taft Stroat, Hollywood, FL �9024 Registered Lertd Surveyor No. 3277
STATE OF FLORIDA
&90- //1;2-
Exhibit -- n
page 2 of 2
LEGAL DESCRIPTION FOR UTILITY EASEMENT
(THE LANDINGS ON CYPRESS GREENS TRACT 6)
LIM
Being a portion of Tract 6 "THE LANDINGS ON CYPRESS GREENS", as recorded in Plat Book 131 Pag
31 of the Public Records of Broward County, Florida, being more particularly described as
follows:
Commence at the Southwest corner of said Tract 6; thence North 0023'57=' West (bearings based
on said plat) along thu West line of said Tract 6 for 211.33 feat; thence North 89036,03"
East for 20.00 feet to the Point of Beginning; thence North 89036'03" East for 71.00 feet to
a point of curvature; thence on a curve to the right having a radius of 25 feet a central
angle of 900 for an arc distance of 39.27 feet to a point of tangency; thence South 0023'57"
East for 62.33 feet; thence North 89036'03" East for 13.00 feet; thence South 0023'57" East
for 94.00 feet; thence South 89136'03" West for 25.00 feet; thence North 0023157" West for
156.33 feet to a point of curvature thence on a curve to the left having a radius of 13 feet
a central angle of 900 for an arc distance of 20.42 feet to a point of tangency; thence South
89036'03" West for 71.00 feet thence North 0023'57" West for 12.00 feet to the Point of
Beginning.
0
Sheet 2 of 2
11
DESCRIPTION
The West 231.97 feet of the Twelve Foot (12') Utility
Easement described on Page 2 of this Exhibit B-3.
EXHIBIT B-3
Page 1 of 2
4 pp:
)c - �0 — / /,;L--
LEGAL DESCRIPTION FOR 12 FOOT UTILITY EASDIENT
(THE LANDTNCS ON CYPRESS GREENS TRACT 6)
Being a Portion of Tract 6 "THE LANDINCS ON CYPRESS GREENS". as recorded in plat
Book 131 Page 31 of the Public Records of Droward County. Florida. being more
particularly described as follows:
Commence at the Northwest corner of said Tract 6 thence North 89036'03" East
(bearings bated on said plat) along the North line of said Tract 6 for 154.00 foi
thence South 0"23'57" East for 98.00 feet to the Point of Beginning; thence continue South 00
23'57" East for 12.00 feet; thence North 89036'03" Fast for 422.84 feet; thence North 1026'21"
West for 12.00 feet; thence South 89036'03" West for 422.62 feet to the Point of Beginning.
Exhibit - B-3
Page 2 of 2
lo.c.
W.ov toe /V 69 pJ''E , rdyas "
rr. 6
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A!l.iaR'
ui :
.br • �..v�. r �.y .r
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TRACT 6
.. • �►r �..r �. � �• ire..»
NOTE: The above is a Legal Description
as shown and not a Land
Boundary Survey.
SURVEYOR'S CERTIFICATE
I hereby canaty that a recent survey of the above described propenywas made under my responsible direction and supervision and that
there are no above ground encroachments unless otherwise noted. I lunher certify that this survey masts the minimum technical
standards as eat Ionh by the Florida Board of Lend Surveyors purawant to Section 472.07 Florida Statutes and the minimum
toqu"ements of the F.LT.A.
1 .
SCALE 1" 100'
SURVEY DATE January 7th 1988 •
at.wi
K.T. BOGLE It ASSOC. INC.
LAND SURVEVOILS f 04ERT T. ■04LE
7080 Talt Slrsst• Hollywood. FL 990?4 Roosterod Land Surveyor Me. 3277
STATE OF FLOAIDA
MEN
�r
y,
SVE7CH t DESCI2Ip71ON F012 $HEE7 ! OF 2
EXHIBIT B-4 L E W LAUTI N
page 1 of 2
(SEE SWEET 2 OF 2 F092 SVETCN)
The West One -Half (k) of: - A strip of land 2 feet in width, being a
portion of tract 6 of "'l'lll: LANDINGS ON MPRESS GRJ"I"N , according Lo the flat
thereof as recorded in 111ol. Book 131, Page 31 of the Public Records of firuward
County, 1'lurida; the cenLerli.ne of said strip being described as follows:
COMMENCE' kit the Northwest corner of said Tract 6; thence of] a Plat bearing of North
89O36103" East along the h'urth boundary of said Tract 6 a distance of 3fi4,97 feet to
P01141' OF 131:G1NNING No. 1 ; thence Soulli Uo23' 57" Bast it distance of 110.1►0 feet to
I'Olir'1' OF '1UMINATION No. I, said point being on the North boundary of it 50 foot
right-of-way as described in Official Rerords Book 15262,1'age 605 of Life Public
Records (if Broward County, Florida;
ct,1 ,e of which being described as follows:
COMMEN1;1: at the a o • 'd POINT OF TI'RMINATION No. I; , outh 89o36'03" hest
along the North line of t l c-said 50 foo-of-wk,y a distance of. 84.31 nett;
Lht'„c'e Sout11 Oo2:3'57" Fast a list' O.OU feet to the POINT OF BEGINNING No,'?,
said point being on the vundary of 5O foot right-of-way; hence continue
South Uu�'a'57" r istance of 166.UU feat to !' Or 7'ERPIIN,1'1'ION Nu,2, being
another n the boundary of sa,d 50 foot right-of-way; the s t i nos of said 12 and
Said lands situate, lying; and being ill the Cit) of Tamarac, 13roward (;ouuty, Florida.
PR1:1'ARED BY: R. P. 1.1= & ASSOCIATES, INC., land Surveyors
8120 Pasadena 13oulevurd, Pembroke Pints, Florida 33024
EMIB1T B--4
page 2 of 2
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,LOCATION MAP
S.E1i4 SEC.6-49-41
PDX.
--,uW. CORNElx
TRACT 6
SKETCH 7 OE.SC(21P7I0N FOQ
L E W LAU.71 N
(SEE sNE-E-r i OF 2 FOR DESC4IPTION�
SCALE : C s 50'
N 690a6'09'E. 304.97'
�N.HNnay TRACT 6
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PCR O.R 15262-G05
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pea 0.12.152024505
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I 1 - bNr)RY 50 R/W rEC' C R 15262 •boy '
N 85*56 05'C
This sketch dues not represent a Jand survey.
CUKIIf'1CATE: I hereby certify that the Sketch and description shown hereon was made
Jn accordance. With the "Hi(Iimum 'l-echnical Standards" for land Surveying In the State
of Florida pursuant to Chapter 47?.027, F11-1: ida Statutes and Chapter 211111-6, Florida
Administrative Code.
Vated this 26rd day of ,June, 1989 A.V.
r '
JA ES N . S' 'R 1 (:
Y ufessional 1 nd Surveyor
State I F.loridu Regi r)ition No. 2044
Nut valid wlless sealed with all cantrassed surveyor's sea]
PREPARED BY: R. P. L}'GG $ ASSUC]A'ms, INC., Land Surveyors
812U Pasadena Jluu] evard , Pembroke Pines, FJ or i da 330-114
MQ
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LOCATION MAP
.*W 1# NOT • r1111V/T.
CER71nwt
THIS IS TO CEAFY THAT A SKETCH WAS MADE ,
THIS DAY OF THE PROPERTY AS DESCRIBED AND
SHOWN HEREON AND THAT THE SKETCH AND DE.
SCRIPTION ARE ACCURATE AND CORRECT TO TIIE i
BEST OF OUR KNOWLEDGE AND BELIEF. THIS
SKETCH MEETS THE MINIMUM TECHNICAL STAN• '
CARDS SET FORTH BY THE FLORIDA BOARD OF
LAND SURVEYORS IN CHAPIER 21 •HH 6. FLORIDA
WMINISTRATIVE CODE.
tvammr_
IN IA CORPORAMN
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wu at.
153'
k,�0-it
SKETCH OF TWO ADDITIONAL UTILITY EASEMENTS
AT THE LANDINGS ON CYPRESS GREENS
FOR LAUTIN VENTURES t.
DESCRIPTION
Those portions of Tract 6, according to the plat of The
Landings on Cypress Greens, as recorded in Plat Book 131 at
Page 1 of the Public Records of Broward County, Florida,
described as follows:
EASEMENT NO. 1
The East 30 feet of the West 154 feet of the South 12 .feet of
the North 110 Net and the East 29 feet of the West 153 feet of '
the South Be feet of the North 98 fAek 61' solid Tract 6.
EASEMENT NO. 2
The East 10 feet of the West 20 feet of the South 12 feet of
the North 238.67 feet of said Tract 6.
Said lands situate in the City of Tamarac, Broward County,
Florida.
I�IO�UT/L/Ty EASEMENT p64 PLAT---�
C !9. I
� I
1 so I
EASEMffA1T AOO J i
I EASEMENT Alb• t
r�id
L
iv
w
TRACT 6
I
I
20�IJT/L/TY E4SEA4ENT PER PL4T-1
BY: C.C. 1111 IINGRAM CORPORATION
1040 I1.E. 45TH STREET
OAKLAND -2ARK, FLORIDA 33334
17
.5"LE 4 100
.3-5-90
Exhibit B-5
Page 1 of 1
38397
DESCRIPTION
The lands described as Easement No. 1 and Easement No. 2
on Page 2 of this Exhibit B-6.
Exhibit B-6
Page 1 of 2
LOCATION MAP
,1HU 15 NOT A SOV T.
CERTIFICATE
THIS IS TO CERTIFY THAT A SKETCH WAS MADE
THIS DAY OF THE PROPERTY AS DESCRIBED AND
SHOWN HEREON AND THAT THE SKETCH AND DE•
SCRIPTION ARE ACCURATE AND CORRECT TU THE
$EST OF OUR KNOWLEDGE AND BELIEF. THIS
SKETCH MEETS THE MINIMUM TECHNICAL STAN-
DARDS SET FORTH BY THE FLORIDA BOARD OF
LAND SURYEYORS IN CHAPTER 21 •HH•6. FLORIDA
1DMINISTRATIVE COOS.
.V/• INNING RPORAITON !
ShbsaE n w o . o.
an 3 G p
I ... I , .A
-
SKETCH OF FIVE ADDITIONAL UTILITY EASEfIENTS
AT THE LANDINGS ON CYPRESS GREENS
FOR THE LANDINGS ON CYPRESS GREENS HOMECwNERS ASSOCIATION
Those portions of Tract 6, according to the plat of The
Landings on Cypress Greens, as recorded in Plat Book 131 at
Page 1 of the Public Records of Broward County, Florida,
described as follows:
EASEMENT NO. 1
The East 10 feet of the West 20 feet of the North 12 feet of
the South 211.33 feet of said Tract 6. ,
EASEMENT NO. 2
The East 30 feet of the West 159 feet of the North 94 feet of
the South 124 feet of said Tract 6.
EASEMENT NO. 3
The West 5 feet of the East 15 feet of the South 12 feet of the
North 110 feet of said Tract 6.
EASEMENT NO. 4
The West 5 feet of the East 15 feet of the South 12 feet of the
North 172 feet of said Tract 6.
EASEMENT NO. 5
The West 5 feet of the East 15 feet of the North 12 feet of the
South 124 feet of said Tract 6.
Said lands situate in the City of Tamarac, Broward County,
Florida.
F1 10r U71LITY E45EMeNT PER PLAT
I
TRACT 6
I
AV. I
zo �
1
�a _WEMEJVT AV. P
I
I � aq �
I�
10 UT/[/YYEA5&Af PER PY.AT
1-7�u7tL/ivTiEA�ENT PER PLAT
2•CAN& AUW79AMA CE Ei&VWrPEX PLAT
BY: C.C. I Ii AINGILIXP1 CORPOMTION
1040 ii.E. 45'iH STREET
OAKLAIID PARK, FLORIDA 33334
S
. No..3
-- EAr�M�lr
Mo-4
-s
SCAT-0 : 1 ~-100'
3 -5 - 90
x
a
Exhibit B-6
Page 2 of 2
,3839B
f
r
r
fpVA
lie
THE LANDINGS ON CYPRESS GREENS
BY L A UT/N VENTURE, INC.
BROWARD COUNTY, FLORIDA.
CITY OF TAMARAC,
Plat Book 131, Page 31
LOCA77EW MAP