HomeMy WebLinkAboutCity of Tamarac Resolution R-91-0423
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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
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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$
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'91 16:23 QUHL1TY DRYWALL/STUC
P. 05
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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 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
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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
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,.,, " 15 191 16 : 25 QUALITY DRYWALL/STUC f P. 02
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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
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TUW WSUE
4�" ExNiaiT A �
NOB HILL ROAD & WESTWOOD DIVE
TAMARAC, FL
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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.
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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
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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.
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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.
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