HomeMy WebLinkAboutCity of Tamarac Resolution R-78-111Temp. Reso.1052
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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
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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
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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.
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SCALE: /" = 40
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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.
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SCALE : / " =
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'PL.4 T C>F "F,4.f M/G V /i'lA2T •• aa
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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.