HomeMy WebLinkAboutCity of Tamarac Resolution R-90-2301
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Temp. Reso. #5898
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--90- aZ30
A RESOLUTION APPROVING AND ACCEPTING A
TAMARAC UTILITIES WEST WATER AND SEWER
UTILITY EASEMENT OFFERED BY R.K DEVE-
LOPMENT CORPORATION FOR THE MARKET-
PLACE AT TAMARAC 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 offered by R.K. Development
Corporation for the Marketplace at Tamarac 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/4 day of 1990.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved thissolution as
to f•-rm�,
CITY
RECORD OF COUNCIL VOTE
MAYOR
ABRAMOWITZ
DISTRICT 1:
C!M ROHR
tt�j_
DISTRICT 2:
C/M SCHUMANN
DISTRICT 3:
V/M HOFFMAN
If
DISTRICT4:
CIM BENDER
No Text
Q - �'j 0 - a3 D K & S Proj. No. 12838.1E
• O
TAMARAC UTILITIES WEST
WATER AND SEWER UTILITY EASEMENT
FOR; MARKETPLACE AT TAMARAC
NAME OF PROJECT
I
oo�� R.K. Development
On this � day of . 19 LL
Corporation , having an address of 9350 South Dixie Highway
_ Suite 950,Mi,ami,Florida,U150(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.
050889
_1_
TUW WSUE
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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.
050889
CHM
TUW WSUE
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This instrument hontains 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's
subsequent modification reduced to writing, signed by the party to be
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on
the day and year first above written.
Signed, sealed and delivered in the/pre 4ce of:
Wit>hess
STATE OF FLORIDA
COUNTY OF BROWARD
ltozw.jl),�51
.
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in,,the Count afor said to take
acknowledgements, personally appeared "� R
to me known to be the er8on aescribea in ana wno executea me rore-
going instrument and acknowledged before me that executed
the same.
WITNESS my hand and offs al seal in the County and,State last
aforesaid this �_ day of - P �j�E�2 .. , 19 .'
4 PA- W,
6 .1,
Not ry P lic
My Commission Expires:
NOTARY PUBLIC. STATE OF FLORIDA; � ,,.•jllsI,,
050889
S O $ 9 MY COId6IISSION EXPIRES: SEPT. 5. 1992.
■ONOrD TNRY NOTARY pul3LIC 4NDERWRITFR*. TUW WSUE ,
-3-
ATTEST: I i
By: Q"eE
AohK P. Kelly, J .,
C Y MANAGER
.ATTEST:
By:o
Carol A. Eva s,
CITY CLERK
STATE OF FLORIDA )
Ss
COUNTY OF BROWARD
_90-,2-30
ACC PTED BY CITY OF TAMARAC,
GP A TEE 1-1 n- ► Al
By 1/ 7 wKA"�'1
'Norman Abramowitz,
MAYOR
Date: /D1/6 /qv
By:(�
M;oy
P. Kelly MANAGER
Date: /D //b 9'
Approve s t form
By: Q..
Alan F
ACTING CITY""ATTORNEY.
It]
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take a knowledg-ment8
personally appeared r / ,'r����,.
to me known to be the persons described in and who executed the ore -
going instrument and acknowledged before me that executed
the same.
WITNESS my hand and official
Florida, this Z&L day of
My Commission Expires:
r
MAST-DOC
DRAINAGEASEMENT
seal at Fort Lauderdale, Broward County,
19 %d
Notary Pu is
NOTARY PUBLIC STATE OF FLORIM
MY COMMISSION EXP, JU;" 51 "A
BONDED THRU GEN. P►' "
r
NOTARY PUBLIC STATE OF FLW DA
MY COMMISSION EXP. JUNE 5,1994
BONDED THRU GENERAL INS. UND.
06/05/90 - 4 -
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f,-90- a23o
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PARCEL "A", "TIE R.K. PLAT", ACCORDING TO THE PLAT
THERBOF, AS F=RDED IN PLAT BOOK 143, PAGE 22 OF
THE PUBLIC Id7C CMS C)F BRCWARD C)CU1'I'Y, FLORIDA.
No Text
9- 9 o - aZ. 3 o
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN
EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS,
OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. BEARING'S SHOWN HEREON ARE RELATIVE TO "THE RK PLAT' (143/22 B.C.R.).
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
S. INTERIOR IMPROVEMENTS ARE NOT SHOWN.
A _ THylk SUFTCH non ow QIGmTzA E = he sm.
LbND D9SCRIPTIQh: UTILITY EASEMENT
A PORTION OF PARCEL "A", "THE RK PLAT", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 143, PAGE 22 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID PARCEL "A"; THENCE SOUTH 010 26' 08"
EAST ALONG THE EAST LINE OF SAID PARCEL W. A DISTANCE OF 23.00 FEET; THENCL
LIY EASEMENT
ASUTH SHOWN°ON SAID"WEST ALONG THE PL T, A DISTANCE OFU108TH I.29EFEET TO THE OF A OPOINT IOFT
BEGINNING;
THENCE SOUTH 000 27' 15" EAST, A DISTANCE OF 9.00 FEET; THENCE SOUTH 690 32'
45" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 00° 27' 15" WEST, A DISTANCE:
OF 900 FEET TO A SAID.POINT HEREAFTER OREFERRED TO AS POINT N A"; TH9NCEFNORTH 89°I32'TY EASEMENT. 45EASI
ALONG SAID SOUTH LINE OF A 10-FOOT UTILITY EASEMENT, A DISTANCE OF 15.00 FEE1
TO THE POINT OF BEGINNING. CONTAINING 135 SQUARE FEET, (0.0031 ACRE), MORE
OR LESS.
TOGETHER WITH:
COMMENCE AT AFORESAID POINT "A"; THENCE SOUTH 890 32' 45" WEST ALONG AFORESAID
SOUTH LINE OF A 10-FOOT UTILITY EASEMENT AS SHOWN ON SAID PLAT, A DISTANCU
OF 320.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 000 27' 15" EAST, A
DISTANCE OF 9.00 FEET; THENCE SOUTH 890 32' 45" WEST, A DISTANCE OF 15.00
FEET; THENCE NORTH 000 27' 15" WEST, A DISTANCE OF 9.00 FEET TO A POINT ON
SAID SOUTH LINE OF A 10-FOOT UTILITY EASEMENT, SAID POINT HEREAFTER REFERRED
TO AS POINT "B"; THENCE NORTH 890 32' 45" EAST ALONG SAID SOUTH LINE OF A 10-
CFOOT ONTAININGT136ASQUARE,FEETI(0.,NCE OF 15.0 FEET 0031 ACRE)• MORE OR TOTHEPOINT OF BEGINNING.
TOGETHER WITH:
COMMENCE AT AFORESAID POINT "B". THENCE SOUTH 890 32' 45" WEST ALONG AFORESAID
SOUTH LINE OF A 10-FOOT UTILITY EASEMENT AS SHOWN ON SAID PLAT, A DISTANCE
OF 375.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 000 27' IS- EAST, A
DISTANCE OF 27.30 FEET; THENCE SOUTH 89° 32' 46" WEST, A DISTANCE OF 19.2A
FEET TO A POINT ON THE EAST LINE OF A 12-FOOT UTILITY EASEMENT AS SHOWN ON
SAID PLAT; THENCE NORTH 01° 25' 08" WEST ALONG SAID EAST LINE OF A 12-FOOT
UTILITY EASEMENT, A DISTANCE OF 27.30 FEET; THENCE NORTH 890 32' 45" EAST
ALONG SAID SOUTH LINE: OF A 10-FOOT UTILITY EASEMENT, A DISTANCE OF 19.70 FEET
TO THE POINT OF BEGINNING. CONTAINING 632 SQUARE FEET (0.0122 ACRE), MORI:
OR LESS.
TOGETHER WITH:
COMMENCE AT THE SOUTHEAST CORNER OF SAID PARCEL 'A"; THENCE SOUTH 890 32' 45"
WEST ALONG THE SOUTH LINE OF SAID PARCEL "A", A DISTANCE OF 85.00 FEET;
THENCE NORTH 00° 27' 15" WEST ALONG THE EAST LINE OF A 16-FOOT UTILITY
EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 12833, PAGE 604 OF THE PUBLIC:
RECORDS OF BROWARD COUNTY, FLORIDA, A DISTANCE OF 12.00 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 00° 27' 15" WEST, CONTINUING ALONG SAID EAST LINE OF
A 15-FOOT UTILITY EASEMENT, A DISTANCE OF 3.00 FEET; THENCE SOUTH 89° 32' 45"
WEST ALONG THE NORTH LINE OF SAID 15-FOOT UTILITY EASEMENT, A DISTANCE 01:
29.38 FEET: THENCE NORTH 160 25' 53' EAST, A 'DISTANCE OF 7.00 FEET; THENCE
NORTH 88° 05' 02" EAST, A DISTANCE OF 94.08 FEET TO A POINT ON A LINE 3.OU
FEET WEST OF AND PARALLEL WITH THE WEST LINE OF A 15-FOOT UTILITY EASEMENT
AS SHOWN ON SAID PLAT; THENCE NORTH 010 25' 08" WEST ALONG SAID PARALLEL LINE,
A DISTANCE OF 250.80 FEET; THENCE NORTH 890 32' 45" EAST ALONG THE SOUTH LINT
OF A 10-FOOT UTILITY EASEMENT AS SHOWN ON SAID PLAT, A DISTANCE OF 3.00 FEET;
THENCE SOUTH 01° 25' 08' EAST ALONG SAID WEST LINE OF A 15-FOOT UTILIT{
EASEMENT, A DISTANCE OF 270.99 FEET; THENCE SOUTH 890 32' 45" WEST ALONG TH=
NORTH LINE OF A 12-FOOT UTILITY EASEMENT AS SHOWN ON SAID PLAT, A DISTANCE
OF 69.79 FEET TO THE POINT OF BEGINNING. CONTAINING 1,787 SQUARE FEET
(0.0406 ACRE), MORE OR LESS.
TOGETHER WITH:
KETCH OF DESCRIPTION
UTILITY EASEMENT
A PORTION OF PARCEL W. -THE RK
PLAT' (P.B. 143, PG. 22, B.C.R.)
SECTION 10, TWP. 49 S., RGE. 41 E.
MARAC, BROWARD COUNTY, FLORIDA
DATE I REVISIONS
GATE.!
SCALE -
FIELD WK.
DWNG. NY
CHIC. ■Y J
SHEET NO, I OF 3 SHEETS
T.G. LI i T Ur Ihla"nn� K.J.
SEP 6 1990
P.P.
EXHIBIT "B"
J.H. IENGINEEFIN{: UTILITIES P.S.
.r;',Hj� 1 N.B. FILE
2-qo-0-3o
to
COMMENCE AT THE SOUTHWEST CORNER OF SAID PLAT; THENCE NORTH 89° 32' 45" EAST
ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 200.00 FEET; THENCE NORTH
010 20' 08" WEST ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 7.00 FEET;
THENCE NORTH 896 32' 45" EAST ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE
OF 20.00 FEET; THENCE NORTH 000 27' 15" WEST, A DISTANCE OF 20.00 FEET TO A
POINT ON THE NORTH LINE OF A 12-FOOT UTILITY. EASEMENT AS SHOWN ON SAID PLAT;
THENCE NORTH 890 32' 45" EAST ALONG SAID NORTH LINE OF A 12-FOOT UTILITY
EASEMENT, A DISTANCE OF 45.95 FEET TO THE POINT OF BEGINNING; THENCE NORTH
01° 19' 02" EAST, A DISTANCE OF 13.24 FEET; THENCE SOUTH 88` 40' 58" EAST, A
DISTANCE OF 15.00 FEET; THENCE SOUTH 01° 19' 02" WEST, A DISTANCE OF 12.77
FEET; THENCE SOUTH 89° 32" 45" WEST ALONG THE SAID NORTH LINE OF A 12-FOOT
UTILITY EASEMENT, A DISTANCE OF 15.01 FEET TO THE POINT OF BEGINNING.
CONTAINING 195 SQUARE FEET (0.0046 ACRE), MORE OR LESS.
SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING
A TOTAL AREA OF 2,764 SQUARE FEET (0.0536 ACRE), MORE OR LESS.
CERTIFICATE:
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON
DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND
BELIEF AS DELINEATED UNDER OUR DIRECTION IN AUGUST, 1990. WE FURTHER CERTIFY
THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 21HH-
6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA
STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
128384N.SD KEITH AND SCHNARS, P.A.
ENGINEERS -PLANNERS -SURVEYORS
BY: MICHAEL A. MANZIE,
FLORIDA REGISTRATION NO. 40�.c _ r,
►� - � o a 36
R/W PER 1532 SO. FT.
PA.143, PG. 22 NORTHWEST 70TH STREET 0.0122 AC. :t r I A /—
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