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HomeMy WebLinkAboutCity of Tamarac Resolution R-78-111Temp. Reso.1052 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 l 28 29 .30 31 32 33 34 CITY OF TAMARAC FLORIDA RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL APPROVING A "DECLARATION OF EASEMENTS BETWEEN BAY COLONY PROPERTY COMPANY AND GEORGETOWN PROPERTIES" RELATING TO `FAMILY MART. WHEREAS, a "Declaration of Easements, Construction and Permanent" was executed by Bay Colony Property Company and Georgetown Properties for the Family Mart project; and WHEREAS, the City Attorney has reviewed and recommend approval of said easements to the City Council; and WHEREAS, the City Council wishes to accept the recom- cendation of the City Attorney to approve said easements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA. SECTION 1: That the "Declaration of Ease- ments - Construction and Permanent between Bay Colony Property Com- pany and Georgetown Properties, for Family Mart, attached hereto as "Exhibit A", is hereby APPROVED. PASSED, ADOPTED AND APPROVED this _��Jay of ATTEST: CITY CLERK I HEREBY CERTIFY that I have ap- proved the form and correctness of this Resolution. , ITY TTORNEY RECORD OF COUNCIL VOTE MAYOR W. FALCK �- V;M 1-I. MASSARO CM N. W12"NER C/M I.M. DISRAELLY C" , M. KLI,- ' STATE OF FLORIDA COUNTY OF BROWARD DECLARATION OF EASEMENTS CONSTRUCTION AND PERMANENT THIS EASEMENT AGREEMENT made and entered into this day of Iq 1978, by and between Gordon E. Emerson, jr., Nominee of the Trustees of BAY COLONY PROPERTY COMPANY, a Massachusetts business trust, formerly known as CABOT, CABOT & FORBES LAND TRUST, (hereinafter called "First Party") and GEORGETOWN PROPERTIES, a Georgia General Partner- ship composed of Alex Perkowski and Frank F. Callaway, II, (hereinafter called "Second Party"); WITNESSETH: WHEREAS, Second Party is the Contract Purchaser of certain property owned by First Party located in Section 3, Township 49 South, Range 41 East, Broward County, Florida, which is more particularly described in Exhibit "A" attached hereto and made a part hereof, which Second Party intends to purchase and improve, and which is hereinafter sometimes called "Second Party's Property"; and WHEREAS, First Party is the owner of certain real property lying in Section 3, Township 49 South, Range 41 East, Broward County, Florida, located on the northern and eastern sides of the property described in Exhibit "A", which property adjoins the Second Party's Property above -described on the north and east; and WHEREAS, Second Party intends to construct an underground drainage pipe from the property described in Exhibit "A" through the property of First Party to a public canal, the west line of which abuts the east line of the property of First Party, which underground drainage pipe is to be constructed by the Second Party to serve the property of First Party lying north and east of the property described in Exhibit "A" and the property of the Second Party described in Exhibit "A", and First Party has agreed to provide the Second Party with a permanent easement for said underground drainage pipe, and a temporary easement for the construction of said pipe, both of which are more particularly described hereinafter in Exhibit "B", and WHEREAS, First and Second Party require in the development of the property described in Exhibit "A", a common driveway easement along a portion of the eastern boundary of Second Party's Property and along a portion of the western boundary of First Party's property, said common driveway easement being located on property owned by First Party and Second Party as described hereinafter in. Exhibit "C" attached hereto and made a part hereof, both parties hereto having agreed to grant to each other such easements, and WHEREAS, First Party requires from Second Party an easement for ingress and egress through Second Party's Property from University Drive to First Party's property lying north of Second Party's Property, which Second Party is willing to grant to First Party and which easement is more particularly described in Exhibit "D" attached hereto and made a part hereof. -2- NOW, THEREFORE, for and in consideration of the sum of ONE DOLLAR ($1.00) in hand paid by each party hereto to the other party hereto at and before the sealing and delivery of these presents, and for other good and valuable consideration, the recei pt and sufficiency whereof is hereby acknowledged by each party hereto, the parties hereby agree as follows: A. First Party does hereby grant, convey, bargain, sell and confirm unto the Second Party, its heirs, representatives, successors and assigns, the following easements: (i) The right, title and privilege of a perpetual non- exclusive easement for the purpose of installing, using and maintaining within the area described in Exhibit "B" attached hereto, a new underground drainage pipe to be installed at sufficient depth below grade and of sufficient strength to withstand customary surface vehicular loading and as required by Second Party, the City of Tamarac, Florida and the County of Broward, Florida to drain surface water from Second Party's property described in Exhibit "A" and First Party's property lying north and east thereof: (ii) A temporary construction easement of nine (9) feet abutting and lying north of the north line of the easement described in paragraph (i) above and nine (9) feet abutting and lying south of the south line of the easement described in paragraph (i) above, said construction easement totaling 18 feet for th-- entire length of the easement described in paragraph (i) above, which easement shall expire upon the earlier of the completion of construction of the facilities described in paragraph A (i) hereof, and January 31, 1979. -3 - B. First Party and Second Party hereby grant, convey, bargain, sell and confirm each to the other Party a non-exclusive perpetual common drive- way easement running northerly from McNab Road over and across the property described in Exhibit "C" attached hereto and made a part hereof for the purpose of vehicular and pedestrian ingress and egress to and from the properties owned by First Party and Second Party lying north of McNab Road and which properties abut the boundaries of the driveway easement herein granted. First Party hereby grants to Second Party the right to install at its own cost and expense customary traffic control devices to improve traffic safety and efficiency in and out of said easement areas so long as said traffic control devices do not interfere with the purposes of the grant of easement. The parties agree that no fences, barriers or other obstructions shall be erected on or .abutting the easement areas to prevent or impede their proper use. The easement area described in Exhibit "C" is more fully depicted in a drawing prepared by Craven -Thompson & Associates, Inc., dated April 21, 1978, which is shown on Exhibit "C". The drawing of the easement area shows a portion of the eastern boundary of the property described in Exhibit "A" attached hereto and made a part hereof, as said boundary intersects McNab Road. First Party is, by this instrument, granting to Second Party that portion of the easement herein described over that 15-foot strip lying east of the east boundary of the property described in Exhibit "A" as said 15-foot strip is shown on the drawing attached hereto as Exhibit "C". Second Party is granting to First Party that portion of the easement described herein over that portion of the property shown on said drawing attached hereto as Exhibit "C" lying 30 feet west of the east boundary of the property described in Exhibit "A", but -4- only those portions thereof as shown on the Craven -Thompson & Associates, Inc. drawing, dated April 21, 1978 and attached hereto as Exhibit "C". C. Second Party does hereby grant, convey, bargain, sell and confirm unto First Party, its successors and assigns in title to the property lying north and east of the property described in Exhibit "A", a 30-foot non-exclusive perpetual pedestrian and vehicular easement over that property described in Exhibit "D" attached hereto and made a part hereof for the purpose of vehicular and pedestrian ingress and egress from University Drive to First Party's Property lying north and east of the property described in Exhibit "A". 1. All cost of construction of said underground drainage pipe described in paragraph A (i) above and those easements described in paragraphs B and C shall be borne by Second Party. Second Party agrees to restore the easement area des- cribed in Exhibit "B" to its current condition and to repair any damage to First Party's property caused by Second Party. 2. First Party reserves the right to relocate the easement set forth in paragraph A (i) above at First Party's expense with an equivalent facility provided that the relocated easement will accommodate the surface water draining from Second Party's Property described in Exhibit "A" to the extent that the easement set forth in paragraph A (i) will accommodate said surface water, and provided further that the City of Tamarac and the County of Broward approve said relocation. Upon said relocation, First Party will have prepared a written easement similar to paragraph A (i) granting to Second Party an easement over the relocated area so -5 - i that the same may be recorded in the Deed Records of Broward County, Florida. Additionally, First Party reserves the right to pave over, landscape and construct non-structural improvements over the easement set forth in paragraph A (i). 3. First Party agrees to pay Second Party one-half of the cost of main- taining the easement areas described in paragraphs B and C hereof, but First Party shall not be obligated or required to pay to Second Party any amount in excess of $500.00 per calendar year for the maintenance, repair and upkeep of said ease- ment areas. Should First Party, its successors or assigns, fail to remit to Second Party, its successors or assigns, the First Party's prorata cost of the maintenance and upkeep of easements described above within sixty (60) days after the receipt of a statement issued by Second Party to First Party substantiated by actual bills for maintenance, repair and upkeep, then First Party shall not be entitled to use the easement areas described in paragraphs B and C hereof, until such time as such pay- ment is made. First Party hereby reserves the right to enter the said easement areas and cause repairs and maintenance to be done at Second Party's cost and expense (less an amount not to exceed $500.00), in the event that Second Party fails to operate and maintain the easement areas in a first-class .manner and condition. 4. Notwithstanding anything contained hereinabove to the contrary, Second Party shall have the right to close the easement areas described in paragraphs B and C above for one calendar day each year so that said easement areas will not ripen into public easements or public rights -of -way. IM S Second Party, its heirs, successors, representatives or assigns, shall have the right and privilege at all times after giving First Party ten (10) days prior written notice, without notice in case of emergency, of going upon the easement areas described in paragraph A and paragraph B for the purpose of repairing, servicing, operating, or maintaining all improvements located thereon, and to carry out the pur- poses for which said easements are granted, provided that Second Party shall restore the easement areas and First Party's remaining property to its then current condition and not unreasonably interfere with First Party's use of its property. 6. The easements herein granted shall not be- affected by any division of ownership of First Party's remaining property or by any lease of all or a part thereof. 7. Upon the transfer of title to the property benefitted by any easement granted in this Declaration, the transferring party shall have no further liability hereunder, except for liabilities accrued during the period of its ownership of such property. TO HAVE AND TO HOLD said easements unto each party hereunto granted, their heirs, representatives, successors and assigns forever, it being the intention of the parties that the benefits and burdens of this Declaration shall run with the land. The name Bay Colony Property Company is the designation of the Trustees for the time being under a Declaration of Trust dated January 21, 1971, as amended, and all persons dealing with Bay Colony Property Company must look -7 - solely to the Trust property for the enforcement of any claims against Bay Colony Property Company as neither the Trustees, officers, agents or shareholders assume any personal liability for obligations entered into on behalf of Bay Colony Property Company. IN WITNESS WHEREOF, the undersigned parties have caused this instrument to be executed on the day and year first above written. GORDON E. EMERSON, JR. , Nominee of the Trustees of BAY COLONY PROPERTY COMPANY, formerly known as CABO , CABOT & F S ST r! By. G� Wi nss s Trustee, but not individually z j Wi ss l COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK I hereby certify that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Gordon E . Emerson, jr. to .me known and known to be the person des- cribed in and who executed the foregoing instrument as Nominee of the Trustees of BAY COLONY PROPERTY COMPANY, and severally acknowledged before that he executed the same as such officer in the name and on behalf of said Massachusetts business trust. WITNESS my hand and official seal this �7 r' A day of May, 1978. My Commission Expires: GF,RALD E. WILSON, Notary Public My Commission Expires May 4, 1984 Dy "r, 't 'i W 'R L--q-� W' es Witness Notary Public '1 GEORGETOWN PROPERTIES, a Georgia General Partners By: Alex erkowski, Partner ank F . Callaway, II, Partner DESCRIPTION: 1 I ),A portion of Tract 20: of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 3, Township 49 South, Range 41 East, Broward County, Florida, Is recorded in Plat Book 4, Pale 31, of the Public Records of Broward 'County, Florida, being more particularly described as follows: i .The South 753.01 feet as measured along the (Jest Tine of said Section 3 of the West feat as measured along the South line of said ,Section 3 of Tract 20, of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of :;Section 3, Township 49 South, Range 41 East, as recorded in Plat Book 11 4, Page 31, of the Public Records of Broward County, Flerida,,less the South 253.01 feet as measured along the ,Jest line of said Section 3 of ' the Writ 253.01 feet as measured along the South line of said Section 3, and also less the South 5.3.00 feet as measured at right angles to the South line of said Section 3, and the West 60.00 feet as measured at ;,;:,_right angles to the West line of said Section 3. ..,,.Said lands situate, lying and being in Broward County, Florida. A :., r: 4 CRAVEN •THOMPSON & ASSOCIATES INC. ENGINEERS • PLANNERS • SURVEYORS 5901 N.w. 31 AVENUE , FORT LAUDERDALE . FLORIDA 33309 r (305) 971-7770 OFFICES: FORT LAUDERDALE , NILAMI ,'•VEST PALM REACH , P17NTA GORDA . ISLA',IOIL%DA FOR o (jeOr� fwr' hr-OP. N NOTE i THIS IS NOT A SKETCH OF SURVEY,but only a aro phic depict ion of the description i f shown hereon, There hm been no field work vierrinp of the suopct property , or � monuments to in tO inection with the Dre Derotion of the information shorn 1 hereon. f I Verb SCALE : Ncr.'z..,, No sco% K h .S, 89'02'43"E. 013 0 24 9 "E ' SRO DD p 5. 89 0 . 7Co% 52 o �0 q/V. 8N Dy Of N N O P,eoPo.S�o �` oY47- N. 89'O2 h 111V r0r-net_ P/a/ Of o D2i�E,q.vo MoivAB eC7AZ> Z 5,R. 90 PC7 42 J �m DESCRIPTION: A 12-FOOT PROPOSED OFFSITE DRAINAGE EASEMENT A portion of Tracts 19 and 20 of the Plat of FORT LAUDERDALE TRUCK FARMS SUB- DIVISION of Section 3, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida, being more particularly described as follows: Commencing at the Northwest corner of the Plat of "Shell at University Drive and McNab Road," as recorded in Plat Book 90, Page 42, of the Public Records of Broward County, Florida; thence North 00°12 IG" West, along the Northerly projection of the West boundary of the said Plat of "Shell at University Drive and McNab Road," said line being further described as being 60.00 feet East of, and parallel with, as measured at right angles to, the West line of said Section 3, said line also being described as the Easterly Right -of -Way of University Drive, a distance of 500.00 feet; thence South 89002'4-9" East, along the North boundary of the proposed Plat of FAMILY MART, a distance of 590.00 feet, to the POINT OF BEGINNING of this description; thence continue South 89002,49" East, along the last described course and its Easterly projection, a distance of 761.52 feet; thence South 00'I3'57" East, a distance of 12.00 feet; thence North 89"02'49" West a distance of 761.52 feet; thence North 00°12'I(D" West, a distance of 12.00 feet, to the POINT OF BEGINNING. Said lands situate, lying and being in Broward County, Florida. 'EXHIBIT ' B"A DATED: '4�y�j� UPDATES and/or REVISIONS DATE BY CK'D NOTE The undersigned and CRAVEN •THOMPSON & ASSOCIATES, INC. make no RE'VISE 2EARING SYST­E1,1representations or guarantees as to the information reflected hereon pertaining to easements,rights-of -way, set back lines,reservations, agreementsand othersimilar matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and Confirmed by others through appropriate title vertification . NOTE Lands shown hereon were not abstracted fo►right - of -way and/or easements of record . k JOB NO. 77-1010 DRAWN BY CHECKED BY: W w F.B. PG. FILE NO I CRAVEN •THOMPSON & ASSOCIATES INC. ENGINEERS • PLANNERS • SURVEYORS 5901 N.w. 31 AVENUE , FORT LAUDERDALE , FLORIDA 33309 . (305) 971-7770 OFFICES: FORT LAUDERDALE , AIIANII , WEST PALM BEACH , PUNTA CORDA , ISLAMORADA NOTE THIS IS NOT A SKETCH OF SURVEY but only o graphic depiction of the description FOR Geo�3eTow� �O� shown hereon. There has been no field work , wiawing of the subject property , or ' monuments set in connection with the preparation of the information shown ■ hereon. s.8q°¢7'44rN. zq.00 " R SCALE: /" = 40 ,5Cor-ne/- P/C/ Of 'SHE'LL 47 UIVIVE,PS/TY fz<, ROAD '.41VO n ,3 Z 50 PL, 319 ,A Pk . Pa. 90 /, .02 A 6 ° sa9�o2'49'E �Ah2c28 h P0.8• 79.57 5. Linc 3-¢9-41 /t-7C'/1/4B Z040 DESCRIPTION: AN INGRESS AND EGRESS EASEMENT A portion of Tract 20 of the Plat of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 3, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, being more particularly described as follows: Commencing at the Southeast corner of the Plat of "Shell at University Drive and McNab Road," as recorded in Plat Book 90, Page 42, of the Public Records of Broward County, Florida; thence South 89002'49" East,'along the Easterly projection of the South boundary of the said Plat of "Shell at University Drive and McNab Road," said line being further described as 53.00 feet North of, and parallel with, as measured at right angles to, the South line of said Section 3, said line also being the North Right -of -Way line of McNab Road, a distance of 347.64 feet, to the POINT OF BEGINNING of this description; thence continue South 89°0249" East, along the last described course, a distance of 73.57 feet, to an intersection with the arc of a circular curve to the Right, whose radius point bears North 52'28'54" East, from the last described point; thence Westerly and Northerly along the arc of said curve, having a radius of 45.00 feet. an arc distance of 29.31 feet, to the POINT OF TANGENCY; thence North 00°1211G" West, along a line 15.00 feet East of, and parallel with, as measured at right angles to, the East boundary of the proposed Plat of FAMILY MART, a distance of 72.91 feet; thence North 45"W IG" West, a dis- tance of 35.36 feet; thence South 89°47'44" West, a distance of 29.00 feet; thence South 00*121IG" East, a distance of 94.98 feet to the Point of Curvature of a cir- cular curve to the Right; thence Southerly and Westerly along the arc of said curve, having a radius of 45.00 feet, an arc distance of 31.14 feet, to the POINT OF BEGINNING. Said lands situate, lying and being in Broward County, Florida. EXHIBIT "C" DATED: ,C1,o/^i 121, /9Z3 UPDATES and/or REVISIONS DATE BY CWD NOTE The undersigned and CRAVEN•THOMPSON a ASSOCIATES, INC. make no 2EVISE &A r STFM 7 i. representations or guarantees as to the information reflected hereon pertaining to easements, rights - of - way, set back lines, reservations,a greement's and other similar matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title vertification . NOTE Lands shown hereon werenot abstracted for right-of-way and/or easements of record. JOB NO. 77-/O/2 1DRAWN BY: %_ CHECKED BY : W li,,-�. F.B. PG. FILE NO. w CRAVEN - THOMPSON & ASSOCIATES INC. ENGINEERS • PLANNERS • SURVEYORS ' 5901 N.W. 31 AVENUE . FORT LAUDERDALE . FLORIDA 33309 . (305) 971-7770 OFFICES: FORT LAUDERDALE . MIAMI , WEST PALM BEACH , PUNTA GORDA . ISLAMORADA NOTE L THIS IS NOT A SKETCH OF SURVEY but only a grophic depiction of the description FOR6e efOW %} shown hereon. There has been no field work, viewing of the suoiect property , or = Qr� 0 Qom• monuments set in connection with the preparation of the information shown hereon. y/ /V ,30. oo • SCALE : / " = /UOQTH jOUN�A Py 01= P,2oPo 5ED 'PL.4 T C>F "F,4.f M/G V /i'lA2T •• aa y 0 N 89�02.49"w i97 71 � 0 N. W. Co�-ne �- Plot of 0 ':SHELL AT _,_,,D,p/ vE 4ivO M`�V4B R0,4O PB. 90 C� 42 d DESCRIPTION: AN INGRESS AND EGRESS EASEMENT 227 04 , Q� `W A portion of Tract 20 of the Plat of FORT LAUDERDALE TRUCK FARMS SUBDIVI- 3 YN, SION of Section 3, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida, being more particularly described as follows: Commencing at the Northwest corner of the Plat of "Shell at University Drive and McNab Road," as recorded in Plat Book 90, Page 42, of the Public Records of Broward County, Florida; thence North 00°12'16" We.5f, along the Northerly projection of the Westerly boundary of the said Plat of "Shell at University Drive and McNab Road," said line being further des- cribed as 60.00 feet East of, and parallel with, as measured at right angles to, the West line of said Section 3, said line further described as the East Right -of -Way of University Drive, a distance of 383.58 feet; thence South 89002'49" East, a distance of 40.01 feet, to the POINT OF BEGINNING of this description; thence South 00°12'16" East, a distance of 16.50 feet; thence South 89°02'49" East, a distance of 227.04 feet; thence North 00°57'11" East, a distance of 132.90 feet; thence North 89°02149" West, along the North boundary of the proposed plat of FAMILY MART, a distance of 30.00 feet; thence South 00°57111" West, a distance of 99.89 feet; thence North 89"02'49" West, a distance of 197.71 feet; thence South 00"12116" East, a distance of 16.50 feet, to the POINT OF BEGINNING. Said lands situate, lying and being in Broward County, Florida. EXHIBIT I'D" DATED: 4)nri 1 04 )978 UPDATES and/or REVISIONS DATE BY CK'D NOTE The undersigned and CRAVEN •THOMPSON a ASSOCIATES, INC. make no �4 S 178 %,�J representations aguarantees as to the information reflected hereon pertaining to easements, rights- Of -way, set bock lines, reservations,agreemertts and other similar matters, and further, this Instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropnote tide vertification . NOTE lands shown hereon were not abstracted for right- of-" and/or easements of record. JOB N0. 77 /O/2 DRAWN BY t f j,� CHECKED BY: W. W. F.B. PG. FILE NO.