HomeMy WebLinkAboutCity of Tamarac Resolution R-89-185Temp. Reso. #5496
CITY OF TAMARAC, FLORIDA
RESOLUTION*NO. R-89- l $S
A RESOLUTION APPROVING AND ACCEPTING A DRAINAGE
AND PUBLIC UTILITIES EASEMENT OFFERED BY LENNAR
HOMES, INC., FOR THE TAMARAC SPORTS COMPLEX
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the Drainage and Public Utilities
Easement offered by Lennar Homes, Inc., for the Tamarac
Sports Complex project is HEREBY APPROVED AND ACCEPTED, a
copy of said Easement being attached hereto as "Exhibit 1".
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
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this,249 day of 1989.
�i�lu� (&VtVw
'
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS -
CITY CLERK ==
I HEREBY CERTIFY that I have
approved this Resolution as
to form.
RICHARD DOODY
CITY ATTORNEY
33
34
35
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITX
DISTRICT 1: NCH ROHR ri nw mn�
DISTRICT 2: C/M §TELZLR.
DISTRICT 3: , ,/M H(%rFMAN
DISTRICT 4: V/M BENDER
DRAINAGE AND PUBLIC UTILITY EASEMENT
PROJECT: TAMARAC SPORTS COMPLEX
Name of Project
Tit`
This Drainage and Public Utility Easement made this y40 day of ,
19_fj by Lennar Homes Inc. 7600 Nob Hill Road Tamarac Flor da 33321
(Lennar), and the City of Tamarac, a Florida Municipal Corporation having an
address at 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, (City).
(Whenever used herein, the term "Lennar" and "City" shall include the
respective successors and assigns of the parties hereto, whenever the context
so admits or requires).
W I T N E S S E T H:
WHEREAS, Lennar is the owner of that certain real property located in
Broward County, more particularly described in Exhibit "A" attached hereto,
(hereinafter referred to as "Servient Estate"); and
WHEREAS, Lennar desires to grant unto City a non-exclusive easement on
a portion of the Servient Estate, the legal description of which is attached
hereto.as Exhibit "B" (hereinafter referred to as "Easement Area").
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable considerations paid by each of the parties hereto to
the other party, receipt of which is hereby acknowledged by both parties, the
parties hereto do hereby grant and agree as follows:
I. Lennar hereby grants and conveys to City, its successors and
assigns, a non-exclusive easement over the Easement Area for the
installation, maintenance, and repair of Drainage Facilities and Public
Utilities.
2. Lennar reserves all rights not herein granted pursuant to this
easement, including but not limited to: (i) the right of free ingress and
egress over and upon the Easement Area; (ii) the right to grant further
0 - 1 -
easements under, over and on the Easement Area; (iii) at such time that
Lennar develops the Servient Estate, City agrees to allow Lennar to have a
pedestrian and/or vehicular crossing over the Easement Area in order to
provide up to a 60 foot paved access running north from N.W. 77th Street, the
exact location of which is to be set forth on the site plan to be approved by
the City; (iv) Lennar will be allowed to install berms, signs and landscaping
(except for trees) on the Easement Area, the exact location of such
improvements to be set forth on the site plan to be approved by the City;
provided that in no event shall any of the rights herein reserved impede the
easement herein granted or the exercise of the rights of use thereunder.
3. in further consideration for this easement and in order to meet the
requirements of Lennar: (i) City agrees to extend the existing sanitary sewer
at the Tamarac Sports Complex from a point east of the concession stand to an
area adjacent to the water storage tank as more particularly described on
Exhibit "C-1"; (ii) City hereby provides to Lennar a construction easement as
more particularly described on Exhibit "C-2" to enter the Tamarac Sports
Complex to enable Lennar to make the necessary sewer connection at the
extended sewer line; and (iii) City and Lennar agree to the use of the 0.28%
slope of the sanitary sewer line and extension both to and within the
Servient Estate, subject to the approval by other State or County Regulatory
Agencies having jurisdiction.
4. This easement is subject to the City providing to Lennar Letters of
Acknowledgement from Florida Power and Light Co., Southern Bell and
Continental Cablevision as to the acceptance of the Easement Area for future
installation of their utilities.
S. The provisions of this easement shall be binding on both parties and
the respective successors and assigns as a covenant running with and binding
upon the Easement Area.
6. This easement shall not be released or altered without consent of
both parties.
MAC
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R-84'�sS
IN WITNESS WHEREOF, both parties have hereunto set their hands on the
day and year first above written.
Signed, sealed and
delivered in the A
Witness
Jay Perlmutter
STATE OF FLORIDA ) SS
COUNTY OF BROWARD )
LENNAR HOMMANC.
. Con3Sr`ousis, Vice President
(SEAL IF CORPORATION)
I HEREBY 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 N. Condorousis to me known to be the
person described in and who executed the foregoing instrument and he
acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last afor-esaid this
• L&kday of T2.E-- A.D., 19_9�.
N tary Public
My Commission Expires:
NOTARY PUBLIC. STATE OF FLOP{7A.
{:1Y CUG,;i,js4S{c"J E\ mrsS: JULY 27. 1992.
SONDFO THRL NCTMtY PUa:iw U NLj6i1WRI'MRS1
0 -3-
R-�q-rss
ATTEST:
By:
C�P. Kell
MANAGERyIr),
ATTEST:
By: _ 5 L- 7 _
Carol A. Evans,
CITY CLERK
STATE OF FLORIDA )
SS
COUNTY OF BROWARD
ACCEPTED BY CITY OF TAMARAC,
By:
N rman Abramowitz,
ZYOR
Date:
By:
/,-Jqhrr P. Kelly, J ,
TY MANAGER
��
Date .
Approved as to form:
By:
Richard L. Doody,
CITY ATTORNEY
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid jarL4. in the my aforesaid to ke ac 4ow1odg- manta
personally appeared
to me known to be the person described in and Who e ecuted th fore-
going instrument and acknowledged before me that executed
the same.
WITNESS my hand a d officials 1-at Fort Lauderdale, Broward County,
Florida, this day of 19 c
c
NOTARY PUNLIC STATE OF FLORIDA aee'�
NY COONISSION EIP SEPT 17,1990
BONDED TNRU GENERAL INS. UND. Notary Public
My Commission Expires:
052589
MASTER-DOC
TAMARAC/SP/COMP
MODIFIED 5/25/89
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CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT.
UTILITIES WEST DIVISION THAT PART OF TR. 28 DR • CHK.
DRAINAGE AND PUBLIC
UTILITY EASEMENT W 1/2 SEC. 5 -49-41 SC! No E DATE 2i/
EXHIBIT 0A S*,"feeT / c+4f 2
R-eq-i85
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DESCRIPTION; PORTION OF TRACT 28
A portion of FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO: 2
of Section 5, Township 49 South, Range 41 East, according to
the plat thereof as recorded in Plat Book 1, Page 102 of the
Public Records of Palm Beach County, Florida being more
particularly described as follows:
Commencing at the Northwest corner of said Section 5; thence
S 00° 06' 44" E, along the West line of said Section 5, a
distance of 3274.80 feet; thence S 600 29153" E, a distance
of 54.53 feet to the Point of Beginning; thence N 40a27' 221,
E, a distance of 542.63 feet to an intersection with the arc
of a circular curve to the right, whose radius point bears S
440 531091, W, from the last described point; thence Easterly
and Southerly, along the arc of said curve, having a radius
of 370.00 feet and a central angle of 330 59' 3511, an are
distance of 219.52 feet to a point of compound curvature of a
circular curve to the right; thence Southerly and Westerly
along the arc of said curve, having a radius of 690.00 feet
and a central angle of 320 541 4011, an arc distance of 396.34
feet to the point of tangency; thence S 21Q 47124 " W , a
distance of 140.56 feet to a point of curvature of a circular
curve to the left; thence Westerly and Southerly, along the
are of said curves, having a radius of 550.00 feet and a
central angle of 27o 59' 3611, an arc distance of 268.72 feet
to the point of tangency; thence S 060 12' 12" E, a
distance of 142.44 feet; thence S 750 45115" W, a distance
of 140.81 feet to a point of curvature of a circular_
curve to the right; thence Southwesterly, along the arc of
said curve, having a radius of 1600.00 feet and a central
angle of 01,D24, 20", an arc distance of 39.25 feet; thence N
12o 5012511W, a distance of 765.82 feet to the Point of
Beginning, containing 7.322 acres, more or lees.
Said land situate, lying and being in the City of Tamarac,
Broward County, Florida.
NOTE: Bearings based on the plat entitled "Kings Point
Recreation Complex" as recorded in Plat Book 115
at Page 27 of the public records of Broward County,
Florida.
CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT.
UTILITIES WEST DIVISION THAT PART OF TR. 28
DRAINAGE AND PUBLIC DR. CHK'
UTILITY EASEMENT W 1/2 SEC. 5 -49-41 SC' HoNE DATE u s9
EXHIBIT "A S11EEr 2 a-r 2
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CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT.
UTILITIES WEST DIVISION THAT PART .OF TR - 28
15' DRAINAGE 11< PUBLIC �• CHK.
UTILITY EASEMENT N.W.I/4SEC. 5 -49-41 SC! NONE DATEgjgzeg
EXHIBIT 8 SHE-7r / u f 2
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151 DRAINAGE h PUBLIC
UTILITY EASEMENT
A portion of "FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO. 201 of
Section 5, Township 49 South, Range 41 East, according to the plat
thereof as recorded in Plat Book 1, Page 102 of the Public Records
of Palm Beach County, Florida, being more particularly described
as follows:
Commeng na at the Northwest corner of said Section 5; Thence South
00°06144" East, along the West line of said Section 5,.a distance
of 3274.80 feet; Thence South 60.29153" East, a distance of 54.53
feet; Thence South 12.50025" East, a distance of 750.83 feet to the
Point o ; Thence continue South 12'50125" East, along a
line radial to the next described curve, a distance of 15.00 feet
to a point lying on the arc of a circular curve to the left, at
which the radius bears North 12*50025" West (paid point also lying
on the Northerly line of an 80.00 foot road Right -of -Way known as
Northwest 77th Street as recorded in Official Records Book 6260,
at Page 622 of the Public Records of Broward County, Florida);
Thence Northeasterly along the arc of said curve (also being said
Northerly Line), having a radius of 1600.00 feet and a central
angle of 01.240201101 a distance of 39.25 feet to the point of
tangency; Thence North 75.45115" East, along said Northerly line,
a distance of 140.81 feet; Thence North 06.1211211 West, a distance
of 15.15 feet; Thence South 75.45115" West, a distance of 142.93
feet to the point of curvature of a circular curve t4 the right;
Thence Southwesterly along the arc of said curve, having a radius
of 1585.00 feet and a central angle of 01.2402011, a distance of
38.89 feet to the Point gf-Reginning.
Said lands situate in the City of Tamarac, Broward County, Florida.
Note: Bearings base on -the plat entitled "KINGS POINT RECREATIONAL
COMPLEX", as recorded in Plat Book 115, at Page 27 of the Public
Records of Broward County, Florida.
CITY OF TAMARAC
UTILITIES WEST DIVISION
15' DRAINAGE 8 PUBLIC
UTILITY EASEMENT
SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT.
THAT PART .OF TR - 28
DR. CHK.
N.W. 1/4SEC. 5 - 49 - 41 1 SC
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AND ASSOCIATES, INC. 'ExN %BIT C-I
ff INGINEERS
SURVEYORS LAND DEVELOPMENT CONSULTANTS PLANNERS
6191 W. ATLANTIC BLVD. MARGATE, FLORIDA 33063 (305)-972-3959
JOB NO. 87/2O5 DATE: DRAWN BY: CHECKED BY: F.B./PG.
FILE NO. 7IZ0 5 e° 26- 89 BE(F0,20 ---- PRG�CT02 3/// 9B-4o
CARNAHAN AND ASSOCIATES
CONSULTING ENGINEERS
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SURVEYORS LAND DEVELOPMENT CONSULTANTS
6191 W. ATLANTIC BLVD. MARGATE, FLORIDA 33063
EXHIBIT "G2"
TRACT 27 & 28
. CONSTRUCTION EASEMENT
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PLANNERS
(305)-972-3959
A PORTION OF "FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO. 2", OF
SECTION 5, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 102 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5; THENCE SOUTH
00'06'44" EAST, ALONG THE WEST LINE OF SAID SECTION 5, A DISTANCE
OF 3274.80 FEET; THENCE SOUTH 60029'53" EAST, A DISTANCE OF 43.90
FEET -TO THE EoINT OE BEGINNINg; THENCE CONTINUE SOUTH 60'29'53"
EAST, A DISTANCE OF 10.65 FEET; THENCE SOUTH 12'50'25" EAST, A
DISTANCE OF 26.48 FEET; THENCE SOUTH 09'20'46" WEST, A DISTANCE OF
295.09 FEET; THENCE SOUTH 76 53 38,WEST, A DISTANCE OF 380.94
FEET; THENCE NORTH 13906'22" WEST, ADISTANCE OF 20.00 FEET; THENCE
NORTH 76°53'38" EAST, A DISTANCE OF 368.56 FEET; THENCE NORTH
09'20'46" EAST, A DISTANCE OF 309.91 FEET TO THE EQINT OF
BEGINNING.
SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA.
NOTE: BEARINGS BASED ON THE PLAT ENTITLED "KINGS POINT
RECREATIONAL COMPLEX" AS RECORDED IN PLAT BOOK 115, AT PAGE 27 OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
REVISIONS
DATEI BY
NOTES:
1) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS
SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
2) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
EASEMENT$ AND/OR RIGHTS -OF -WAY OF RECORD.
3) DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRU-
MENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
JOB NO. 87/Z0DATE: DRAWN BY:
FILE NO. AwaoS G-2(O-89 ✓EFF
Extoair C'4
SHEET- I OF 2 SHEETS
1 HEREBY CERTIFY THAT THE ATTACHED SKETCH AND LEGAL
DESCRIPTION AND OTHER PERTINENT DATA SHOWN HEREON,
OF THE ABOVE DESCRIBED PROPERTY CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN
THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF
PROFESSIONAL ULATION, BOARD OF LAND SURVEYORS, IN
SEPTEMBER 198j, AT SAID SKETCH IS TRUE AND
CORRECT TO THE1B S OF WWLEDGE AND BELIEF.
ROBEHT 1. ALLISON N
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION NO. 4278
CHECKED BY: F.B./PG.
R.G.A.
G1
P.O.C.
N.W. CORNER
SEC. 5/49/41
P.O.B.
WEST LINE SECTIONS
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CARNAHAN AND ASSOCIATES. INC.
CONSULTING ENGINEERS
SURVEYORS LAND DEVELOPMENT CONSULTANTS PLANNERS
6191 W. ATLANTIC BLVD. MARGATE, FLORIDA 33063 (305)-972-3959
JOB NO. 97/205 DATE: DRAWN BY: CHECKED BY: —7F.B./M.
FILE NO. 87/205 G'2G-89 8EGFOQO R.G.A. 3111-98.40