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HomeMy WebLinkAboutCity of Tamarac Resolution R-91-0423 Z 3 1 5 31' 35 Temp. Reso. # 6004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-91-�"Z A RESOLUTION APPROVING AND ACCEPTING TWO (2) 15-FOOT TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENTS TO CONTAIN TWO (2) FIRE HYDRANTS OFFERED BY PEBB ENTERPRISES FOR THE POINT PLAZA PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the two (2) 15-foot Tamarac Utilities West water and sewer utility easements to contain two (2) fire hydrants offered by Pebb Enterprises for the Point Plaza project are HEREBY APPROVED AND ACCEPTED, a copy of said easements being attached hereto as "Exhibit 1". SECTION 2: That the appropriate City officials are hereby authorized to execute said easements on behalf of the City. SECTION 3 That the City Clerk is hereby authorized and directed to record said easements in the public records of Broward County, Florida. SECTION 4: This Resolution shall become effective immediately upon adoption. 0(_1 PASSED,'ADOPTED AND APPROVED this 13 day of/X" ,1991. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved thi e tion as to r « ALAN F. R - CITY ATTOR EY RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT 1: CIM ROHR r.2 DISTRICT 2: , _ CIM SCHUMANN DISTRICT 3: _ VIM HOFFMAN DISTRICT 4: CIM BENDER r erg 1,J 7t �r�. �._ uun� i � r� ! wn�!.,.• •� i �� / %f r . r_� �� TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT FORS POINT PLAZA SHOPPING CENTER NAME OF PROJECT On this day of Fey 19 91 PEBB ENTERPRISES , having aA address of 3&10 HOLLYWOOD BLVD., HOLLYWOOD, FL , 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 "Grantea"), 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 i 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. 072789 TUN WSU$ �1- i '91 16:23 QUHL1TY DRYWALL/STUC P. 05 v 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 aright 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 Grantees 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 Rroward County, Florida. 072789 W-C TOW WSUE _....-...._r a ./..7 . .._. t5 ' 91 16: 24 r ~ GLIPL I TY DRYWFLL/STUC - _ _ _ _ - _ _ _ _ . _ _ _ - - - f1 �' P. 06 r �- �/ y�_ -"" - - 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 charged therewith. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Si"ad, sealed and ored in the presence of: L Witness Ronnie King 89 Helkn J. Licker (GRA BRUCE WEINER, PARTNER r-ul q=i M. ROSENBERG, PARTNER ( eF f Corporation) STATE OF FLORIDA COUNTY OF SROWARD I HERESY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared BRUCE WEINERand JEFFREY M. ROSENBERG 3810 Hollywood Boulevard, Hollywood, Florida 33021 to one known to be the person described in and who executed th® ore - going instrument and they acknowledged before as that they_ executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 15th day of _February , 19 91 Ndt&ky Public My Commission Expires: 072790 ~ NDTARY PUBLIC STATE OF FLORIDA NY C"ISSION EXP.JUNE 24,1993 IONDED THRU GENERAL INS. UND. TUW WSUE �yrY,,,,,-..�.ri.: _ ...a�wr...,.1......yJR 1.Wn4L:.r 1 v`. _--�% __.. i►i�,/ r rT.f=� ---------------------------------------------------------------------------------------- ,.,, " 15 191 16 : 25 QUALITY DRYWALL/STUC f P. 02 • ATTEST: Jo n P. tally, C TY MANAGER (� . ATTEST: By Carol A. Evans, CITY CLJrRK STATE OF FLORIDA COUNTY OF BROWARn ACCEPTED BY CITY OF TAMARAC, GRANTEE By LXX.7' L-LV'VUJW N rman Abramowitz, XOR Date: 2-1 vim, /9 9 J hn P. Kelly,�J ITY MANAGER k// Date: APvT-5v-*d Cofom: By Alan F. Ruf; ACTING CITY I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowled ementa, personally appeared y to me known to be the per ors described in and who execu ed to ore - going instrument and acknowledged before me that executed the same. WITNESS my hand and seal. at Fort Lauderdale, Broward County, Florida, this day of 19 . Notary Public My Commission Expires: NOTARY PUBLIC STATE OF FLORIQA TUE/W&$UT.ESMT. W COMMISSION EXP. NOV, 60994 i Revised 5/8/89 BONDED TNRU GENERAL INS. M. , Revised 7/27/00 072789 Ct m TUW WSUE 4�" ExNiaiT A � NOB HILL ROAD & WESTWOOD DIVE TAMARAC, FL 1- L.J DESCRIPTION: A portio'n�o.f Sections 5 R 6, Township 49 South, Range 41 East, Broward County ;."Plorida, being more particularly described as follows: cm—mencing of the Southwest corner of said Section 5; thence North 0006'44"'Vlest, a distance of 885.98-feet to the Point of Beginning of this description; thence South 67021'28" Vlest, a distance of 75.43 feet to a point on the arc of a circular curve to the left; thence Northerly and 4esterly. alnng the arc said -curve, whose radius is 10,53.00 feet,. and whose cen a-1 Angle is 7012'39", an arc distance of 182.87 feet to the Point of Tangencv; thence North 31002'10"1.4est, a distance of 94.52 feet; thence­Mor:th'.58057'50" East, a distance pf 300.00 feet; 'thence North 310021101'`-Iiest, a distance of 300.00 feet; thence North 58057150" East, a distance',:o,f 200.00 feet: thence South.50050'06" East, a distance of 336.58:'feet thence South 01000'50" (lest, a distance of 450.00 feet; to the Point:of. Curvature of a circular curve to the left; thence along the arc, -'of -said curve, whose radius point.bears South 1000'50" !Vest, fro... the- last:•desdHr ed point, and whose rndius is 755.00 feet', and whose central',a60 e',is 23039'22", an arc distance of 311.72 feet to the Point of Tangency;"~thence South 67021'28" '.•'est. a distance of 21.88 feet to the Point of Beginning, Containing 5.677 acres more or less and A portion -',of Sections 5 & 6, Township 49 South, Range 41 East, Broward County, Florida, more particularly described as follows: Commencing at the SW corner of said Section 5; thence North 0006'44" West, a distance of 885.95 feet; thence South 67°21'28" West a distance of 75.43 feet to a point on the arc of a circular curve to the left; thence Northerly and Westerly along the arc of said curve, whose radius is 1453.00 feet, and whose central Angle is 7°12'39", an arc distance of 182.87 feet to the Point of Tangency; thence North 31°02'10" West, a distance of 94.52 feet to the Point of Beginning; thence continue North 31002'10"West, a distance of 300.00 feet; thence North 58°57'50" East a distance of 300.00 feet- thence South 31°02'10" East a distance of 300.00 feet; thence South 58957150" West, a distance of 300.00 feet; to the Point of Beginning. Said lands situate, lying and being in Broward County, Florida, containing 2.066 acres more or less. �J tj N 15.2d' 11 SURVEY NOTES: PROPoSaD 115' UTIL-ITY .sir-«N r EXHIBIT .a pit, P.O.T. 1JOBIHIU-�Y�!>=STv.1pC+� FL%,r CP�Y �dd1c JWE 12'w1oe UT11-STY aADLPKear r1.4.00 Gs C!1"3�'pg.. t-NorzYHER�Y RwNr-OF-wAY L11J't~ we15'rwo00 S.E, CoRt1� I. The land description shown hereon was prepared by the Surveyor. 2. Bearings shown hereon are based on the Plat of: NOB HILL/WESTWOOD PLAT, according to the Plat thereof as recorded in Plat Book 144, Page 3, of the Public Records of Broward County, Florida. 3. Data shown hereon does not constitute a boundary survey as such. r_1 L J 15' UTILITY EASEMENT DESCRIPTION A portion of Parcel "B", NOB HILL/WESTWOOD PLAT, according to the plat thereof as recorded in Plat Book 1449 Page 3, of the Public Records of Broward County, Florida, and more particularly described as follows: COMMENCE at the Southeast corner of the said Parcel "B"; thence westerly along the north right -of --way of Westwood Drive on an arc concave southeasterly whpse radius is 755.00 feet,, through a central angle of 08039105", an arc distance of 114.00 feet; thence tangent to said arc, S 65056148" W, a distance of 60.53 feet thence N 70018119" W, a distance of 36.44 feet; thence N 57033110' E, a distance of 15.20 feet to the Northeast side of a 12'foot utility easement dedicated by said NOB HILL/WESTWOOD PLAT to the POINT OF BEGINNING of a 15 foot wide utility easement, lying 7.5 feet each side of the following described centerline,..whose side lines shall be lengthened or foreshortened to meet said 12 foot utility easement; thence N 57033110" E, a distance of 27.98 feet to the POINT OF TERMI- NATION of said 15 foot wide utility easement. PREPARED BYE AVIROM-HALL & ASSOCIATES, INC. LAND SURVEYING 50 S.W. 2NDD AVENUE, SUITE 102 BOC A RATON, FLORIDA 33435 (407) 392-2594 JOB # 3846 w 2. DATE: z - ►A!� -9 t SCALE: SHEET t OF t TR i4C TR 158 Q: 4 lCC u to t 4 R 1 FAIRFAX I DEVON TR 15A Q � 1 c � ASHMORT � C t TR 11 _ 1_ M w 7o 1 ? s1TF,.- tu Y • a • • 1 3 1 to � � a ti w I„ h \ ' \ to ITR 30 t rrr:it- r;:•� oft.,rrrjt'" .,='•"j:: TR 28 !+ J R0VrfH'.3---j cr s , 't.• KING S ' TR 37 (� POINT A•��4 JJ REC, Nw (115-27) EI rem R 42 '_ OCAr/ON "V AP PO/NT -PLAZA \I C:�J` . COLONY west' GOLFCOMllac SPYGLi' PAT NOM (118• I VISUAL GRAPHICS l (109"