HomeMy WebLinkAboutCity of Tamarac Resolution R-90-236�J
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• Temp. Peso. #5904
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-90-�6
A RESOLUTION APPROVING AND ACCEPTING A
TAMARAC 'UTILITIES WEST WATER AND SEWER
'UTILITY EASEMENT OFFERED BY EDWARD J.
KAPLAN, COMMISSIONER, BROWARD COUNTY,
FOR THE GREENVIEW APARTMENTS PROJECTf
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 Edward J. Kaplan, Commissioner,
Broward County, for the Greenview Apartments project is HEREBY
APPROVED AND ACCEPTED, a copy of said easement being attached
hereto as "Exhibit 11.
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 A,9� day of & V,1990.
-4 mm� �- L16N44
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS`
CITY CLERK
I HEREBY CERTIFY that I have
approve this R ution as
to rm*
f a
ALAN F. RUF
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR
ABRAMOWITZ
DISTRICT 1:
OHR 14
DISTRICT 2:
C/M SCHUMANN
DISTRICT 3:
V/M HOFFMAN
DISTRICT 4:
CIM BENDER
TAMARAC UTILITIES WEST
WATER AND SEWER UTILITY EASEMENT
FOR: GREENVIEW APARTMENTS
On this^ day of IS iavj 1990, EDWARD J. KAPLAN, as
Commissioner, Broward County (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 ($10.00) Dollars and other good and valuable considerations
paid by Grantee to Grantor, receipt of which is hereby acknowledged by both
parties.
Grantor has been appointed by Order of the
Circuit
Court
of Broward
County, 'in Case No. 89-10760(22), dated March 7,
1990, a
copy
of which is
attached hereto as Exhibit "A", as Commissioner to
execute
this
document on
behalf of EDWARD J. KAPLAN, the duly appointed receiver of that parcel of
real property, located in Tamarac, Broward County, Florida, the legal
description of which is attached hereto as Exhibit "B", and incorporated by
reference herein ( hereinafter the "Servient Estate") .
Grantor has full power and authority to execute this document and convey
the easement herein granted to the CITY OF TAMARAC.
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, the legal description of which is attached hereto as Exhibit "C"
(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.
. 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 or
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 the 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.
-2-
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This instrument contains the entire agreement between the parties relating
to the rights granted and the obligations assumed pursuant to this .instrument.
No oral representations or modifications concerning this instrument shall be of
any force or effect, excepting a subsequent modification reduced to writing,
signed by the parties to be charged, may be recorded in the Public Records of
Broward County, Florida, and upon said recordation shall have full force and
effect.
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 vresence of:
STATE OF FLORIDA
COUNTY OF BROWARD
GRANTOR:
EDWARD J.
Best Real
1605 North
Margate, FL
6V,Imt35on-C.—
te, Inc.
to Road 7
33063
I HEREBY CERTIFY that on this _..I___ day of , 1990,
before me personally appeared FAamv 3. Y-�15V%35u_ to me well
known and known to me to bete IncLividUal aescr bed in an w o executed the
foregoing instrument, and acknowledged before me that he executed the same
for the purposes therein expressed.
WITNESS my hand and official seal this �_ day of 1990.
MT Commission Expires: Votary Public
WTARY PLSLIC STATE CF FL(MDA
M! ='IMSSION EXRS7T.19,1992 �- J
WZED TK W MWJM INS. WD, \ v
ATTEST: ACCEPTED BY CITY OF TAMARAC, f
BUo
n ell anager
GR�
By:
Date: /O ,3
_g_
f
ATTEST:
By:
Carol va y Clerri
Approved a form -- - -.
By:--- � w
CITY ATTOR
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this Rfk day of „�ci 1990,
before me personally appeared to me
well known and known to me to be the individulalf describedn arid Who xecuted
the foregoing instrument, and acknowledged before me that ♦hey executed the
same for the purposes therein expressed.
WITNESS my hand and official seal this day of 1990.
r
My Commission Expires: otar u he
f!OTARy PUBLIC STATE OF FLORIDA
1,1994
0MUED TNRU GENERAL 1N5 SUP*
15/2E-1
-4-
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IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA.
GENERAL CIVIL DIVISION
FLAGLER FEDERAL SAVINGS Case No. 89--10760 (22)
AND LOAN ASSOCIATION OF
MIAMI, etc.,
Plaintiff,
vs.
GREENVIEW APARTMENTS, LTD.,
a Florida limited partnership,
et al.,
Defendants.
0 R D E R
THIS CAUSE having come on to be heard on Receiver, EDWARD
J. KAPLAN'S, Motion for Authority to Convey Infrastructure
Improvements and Maintenance Easements, and for Appointment
of a Commissioner, and the Court having heard argument of
counsel, and being otherwise advised in the premises, it is
hereupon,
ORDERED AND ADJUDGED as follows:
1. Said Motion is hereby granted. This Court hereby
authorizes the conveyance of the water and sewer infrastructure
improvements and 'necessary maintenance easements for same as
required by the City of Tamarac.
2. This Court further appoints the Receiver, EDWARD J.
KAPLAN, as Commissioner to execute all necessary documentation
to effectuate the above conveyance.
DONE AND ORDERED in Chambers at Fort Lauderdale, $coward
..
County, Florida, this day of 1990....... ..
RQBERT
icu't court jidgY
Copies Furnished:
C z CU:' 1' jUDGE
All parties on attached mailing list.
r 5� IOE LIST
" JOHN B. ACNETTI, ESQ.
Attorney for Consul -Tech Engineering, Inc..
-- 909 No. Miami Beach Boulevard, Suito '201
N. Miami Beach, Florida 33162
GAIL DIAMOND BAKER, ESQ,
Benson, Stalions & Moyle
Attorney for Lacentra Trucking, Inc.,
Wenger Excavating, Inc. and
Y.JK Enterprises, Inc, d/b/a Mr. Electric
Mayfair Plumbing, Inc.
One Financial Plaza, Suite 1602
Ft. Lauderdale, Florida 33394
RONALD A. LUZIM, ESQ.
Attorney for Watters & Sellers, Inc.
9337 W..Sample Road, Suite 201
Coral -Springs, Florida 33065
JAMES R. PAINTER, ESQ,
'
Attorney for Labor World U.S.A., Izic.
1300 North Federal Highway
Suite 110
Boca Raton, Florida'33432-2848
'
J. JEFFREY RICE, ESQ.
_.
Goldberg, Goldstein & Buckley, P.A.
Attorney for Olsen Precast, Inc.
P.O. Box 2366
Fort Myers, Florida 33903
R. JEFFREY STULL, ESQ.
Stull and Dee, P.A.
Attorney for Consolidated Electrical
Distributors, Inc.
602 South Boulevard
Tampa, Florida 33606
JEFFREY R. EISENSMITH, ESQ.
Attorney for Causeway Lumber Company, Inc.
One Financial Plaza, Suite 1610
Ft. Lauderdale, F1. 33394
PRESTON MIGHDOLL, ESQ. '
Kohl and Mighdoll Law Office
Attorney for Holland Pump'MFG., Inc.
2315 South Congress Avenue
West Palm Beach, Florida 33406
Mr. Robert E. Lockwood
Clark of the Circuit Court
Broward County Courthouse
201 S.E. 6th street
Fort Lauderdale, Florida 33301
Robert A. Cohen, Esq.
KEITH, MACK. LEWIS, ALLISON & COHEN
111-N.E. First Street,
U, ..._ . .., .. ... . Suite 500
e
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LEGAL DESCRIPTION
A portion of Florida Fruit Land Company Subdivision
No. 2, of Section 5, Township 49 South, Range 41 East,
recorded in Plat Book 1, Page 102 of the Public Records
of Palm Beach County, Florida, together with a portion
of Section 61 Township 49 South, Range 41 East, Broward
County, Florida, being more particularly described
as follows:
Commencing at the Northeast corner of said Section
6; thence South 000 06' 44" East, along the East line
of said Section 6, a distance of 1049.67 feet to the
Point of Beginning of this description; thence North
890 53' 16" East 210.49 feet along the Southerly line
of Westwood Community Six, as recorded in Plat Book
08100 Pages 35 through 37 of the Public Records of
Broward County, Florida; thence South 380 28' 19'
East, 569.51 feet along a line 50 feet Westerly of
and parallel to the Westerly line of Northwood 110
as recorded in Plat Book 10107", Pages 38 and 39 of
the Public Records of Broward County, Florida, to
the Northwesterly right of way line of a 106 foot
R.O.W. as recorded in Official Record Book 4747, Page
184, of the Public Records of Broward County, Florida.
Thence, South 510 31' 28" West 541.34 feet along the
Northwesterly line of the aforesaid R.O.W.; thence
North 380 27' 34" West 700.00 feet to a point on the
Southerly line of the aforesaid Westwood Community
Six; thence North 510 30' 05" East 376.14 feet along
the Southerly line of the aforesaid Westwood Community
Six to the Point of Beginning.
Containing: 8.452 Acres, more or less.
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LOCATION MAP
EXHIBIT
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'400 N E. 7Ro AVENUt McLAUGMLIN ENGINEERING CO.
FORT CAUDINDALt, FLORIOA ENGINEERS - SURVEYORS
A portion of
plat thereof,
public records
as follows:
O`XI` 1017- "C a
SHEET 1 OF 4
SKETCH AND DESCRIPTION
Utility Easements
GREENVIEW APARTMENT
Tract "A", GREENVIEW APARTMENTS, according to the
as recorded in Plat Book 134, Page 22, of the
of Broward County, Florida, more fully described
Commencing at the most Easterly corner of said Tract "A"; thence
South 500 06' 50" West, on the Southeast line of said Tract "A",
a distance of 125.00 feet; thence North 390 52' 57" West, a
distance of" 36.46 feet to a Reference Point "A"; thence
continuing North 391, 52' 57" West, a distance of 217.52 feet to a
Reference Point "J"; thence continuing North 390 52' 57" West, a
distance of 3.00 feet to a Reference Point "B"; thence continuing
North 391, 52' 57" West, a distance of 79.47 feet to a Reference
Point."C"; thence continuing North 390 52' 57" West, a distance
of 199.66 feet to a Reference Point "D"; thence continuing North
390 52' 57" West, a distance of 15.06 feet; thence South 500 05'
27" West, a distance of 17.30 feet to a Reference Point "E";
thence South 500 05' 27" West, a distance of 240.92 feet to a
Reference Point "F"; thence continuing South 500 05' 27" West, a
distance of 9.00 feet to a Reference Point "G"; thence
South 390 52' 12" East, a distance of 176.89 feet to a
Reference Point "H"; thence conti.nuinq South 390 52' 12" East, a
distance of 89.39 feet to a Reference Point "I"; thence
continuinq South 390 52' 12" East, a distance of 232.44 feet to
the Point of Beqinninq (#1) of a center line of a 15.00 fnot wide
easement being 7.50 feet on each side of said centerline; thence
South 500 07' 48" West, on said centerline, a distance of 30.00
feet to the Point of Termination of said centerline; TOGETHER
WITH:
Beqinninq at said Reference Point "A", and a point on the
centerline of a 15.00 foot wide easement being 7.50 feet on each
side of said centerline; thence North 50o 07' 03" East, on said
centerline, a distance of 27.00 feet to the Point of Termination
of said centerline; TOGETHER WITH:
Beqinninq at said Reference Point "B", and a point on the
centerline of a 15.00 foot wide easement being 7.50 feet on each
side of said centerline; thence North 50° 07' 03" East, on said
centerline, a distance of 30.00 feet to the Point of Termination
of said centerline; TOGETHER WITH:
FIELD BOOK No.
DRAWN BY
JOB ORDER No.
CHECKED BY
1'
40o N, It 3RD AVENUE M[LAUGHLIN ENGINEERING CO.
FORT LAUDEROALE. FLORIDA ENGINEERS. SURVEYORS
A- io-Z3(
I
SHEET 2 OF 4
Beginning at said Reference Point "C", and a point on the
centerline of a 15.00 foot wide easement, being 7.50 feet on each
side of said centerline; thence North 500 07' 03" East, on said
centerline, a distance of 29.00 feet to the Point of Termination
of said centerline; TOGETHER WITH:
Beginning at said Reference Point "D", and a point on the
centerline of a 15.00 foot wide easement, being 7.50 feet on each
side of said centerline; thence North 50* 07' 03" East, on said
centerline, a distance of 27.00 feet to the Point of Termination
of said centerline; TOGETHER WITH:
Beginning at said Reference Point "E", and a point on the
centerline of a 15.00 foot wide easement, being 7.50 feet on
each side of said centerline; thence North 390 54' 33" West, on
said centerline, a distance of 31.00 feet to the Point of
Termination of said centerline; TOGETHER WITH:
Beginning at said Reference Point "F", and a point on the
centerline of a 24.00 foot wide easement, being 12.00 feet on
each'side of said centerline; thence North 390 54' 33" West, on
said centerline, a distance of 39.00 feet to the Point of
Termination of said centerline; TOGETHER WITH:
Beginning at said Reference Point "G", and a point on the
centerline of a 15.00 foot wide easement, being 7.50 feet on each
side of said centerline; thence South 500 07' 48" West, on said
centerline, a distance of 32.00 feet to the Point of Termination
of said centerline; TOGETHER WITH:
Beginning at said Reference Point "H", and a point on the
centerline of a 15.00 foot wide easement, being 7.50 feet on each
siad of said centerline; thence South 50° 07' 48" West, on said
centerline, a distance of 31.00 feet to the Point of Termination
of said centerline; TOGETHER WITH:
Beginning at said Reference Point "I", and a point on the
centerline of a 15.00 foot wide easement, being 7.50 feet on each
side of said centerline; thence South 500 07' 48" West, on said
centerline, a distance of 31.00 feet to the Point of Termination
of said centerline; TOGETHER WITH:
Commencing at said Reference Point "J"; thence South 500 07' 03"
West, a distance of 15.00 feet to the Point of Beginning (#2) of
a centerline of a 15.00 foot wide easement, being 7.50 feet on
each side of said centerline; thence continuing South 500 07' 03"
West, a distance of 7.50 feet to the Point of Termination of said
centerline; AND ALSO TOGETHER WITH:
The Northeasterly 3.50 feet of the Southwesterly 149.00 feet of
the Northwesterly 47.84 feet of the Southeasterly 67.84 feet of
FIELD BOOK No.
JOB ORDER No. - -�
DRAWN BY
CHECKED BY f�
400N E, VIC AVENUE McIAUGHIIN ENGINEERING CO.
FORT L^UVEROALE. FLO1110A ENGINEERS - SURVEYORS
SHEET 3 01" 4
said Tract. "A"
Said land situate, lying and being in City of Tamarac, Broward
County, Florida.
Certified correct. Dated at Fort Lauderdale, Florida, this 13th
day of February, 1990.
NOTES: 1) THIS IS NOT A SURVEY 2) This property was not
abstracted for easements, reservations or rights -of -way of
record, by McLaughlin Engineering Co. 3) Legal description
prepared by McLaughlin Engineering Co., this 13th day of
February, 1990. 4) Bearing shown refer to record plat (134/22)
Mc LAUGHLIN ENGINEERING COMPANY
Robert C. Mc Laughlin
Registered Land Surveyor No.3356
State of Florida.
"NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOFS SEAL"
c/d/e des\greenvw.des
FIELD BOOK No.
JOB ORDER No. ,0,-,Er_
"Not Valid Unless Sealed with an embossed Surveyors Sear'
DRAWN BY
CHECKED BY
_.oast Third Avenue
MCLAUGHLIN ENGINEERING CO.
A 3
..t %auderdale, Florida
ENGINEERS -SURVEYORS
SHEET 4
OF 4
W1XT R maw an_nC ENr
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{ Cps
SKETCH AND DESCRIPTIO
ej Utility Easement
GREENVIEW APARTMENTS
A portion of Tract
7.0 "A", GREENVIEW APART-
MENTS, according to
�r �C t#ie plat thereof, as
p -ooe p recorded in Plat
5o•OT•03"E. Book 134,
4. r?4.00' Page 22,
1� of the public records
of Broward County
d: _ Florida, more
G „0 fully des--
Sd07'48, W. aF%:'i; Qs� 19 cribed on
3t. o'.4{ta •® Sheets 1 of 4,
Or o a 2 of 4, and
�y, c $ �.3ua►oo a1 ofME .3 of 4.
y 1 h
a. L
1
it; MCLAUGHLIN ENGINEERIN(
lu
iIV Robert.-C. McLaughlin
IRegistered Land
Surveyor No. 3356
State of Florida
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