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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 0 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 - 4r DE/PUE 0 R_g9_ (gs 0 1 I• � I a 1 �1 ' 111i I•A%1MMe'{� +y�� I +��' �� ►J.W Cocf.'s�G `3.4�]•41 P�1NTb� GohnnnENtT=MENT e0 4 t4 w N _ 11 Q N 0 L? 0 sass' �r SGO 29 53 P.G28. 1 T.3ZZ AGi�ES w •N .3 J� N N - A¢ Z19.51Z 92 s 0550 �•� z c.a.-rx - N A ZZ 7 nS"9'3��• 1 jN r tj Z=. g-1'S .as `s 1&Do•� A= 39. Zg 4= /41SF';eo'" 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 a. 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 W W. COM 'DEC 9.4iJ1 1�IPYY'4K CO/NAA�NGE/M9LNT 0 PI. A" Z.1*.4Z h AV 33"-'re65 n vti 0 6A.ip � I �40 29 R3 PQ�. i 3 so. a ;,I y •� cs:�sc �►.. zee .� Asz70 1 ' �� >u � H � s� ~ .N M4'1 A• 69.'�y Ox0/�21/"7dY, • SITE PLAN N u1 r- in �a 6'D CS• O , j, R■550 As 268.72' p� �a � yp,. w r� W w 15' DRAINAGE s PUBLIC UTILITY �D•$• '� He EASEMENT 4 r,tr, ;y7.H3 R ■ 1600 140.0V Yz A v 39.25 S 75.45'15" W SKETCH OF EASEMENT 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 R-fiq- I SS 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 89 11 0 LJ EXHIBIT "13P -TH -E--r of C .' ` EXHIBIT "c1" r - ` Q + 'r ~` �� `� /►-�/ Jam! ~ AN co M un p / M um at as THIS PLAN / WN T ty amr Rimy43 � x �•�� CAMPgULD jr.00ATION MAP > v \4� $EC.8.TWP.468.RGE.4I E RIM 66• 12.43 MAUHLCC jUv. EG. Z. 73 (W4TN) / ays • � I F.P.G. ��+ S^,,4GL /"gyp• AND ASSOCIATES, INC. 'ExN %BIT C-I ff INGINEERS SURVEYORS LAND DEVELOPMENT CONSULTANTS PLANNERS 6191 W. ATLANTIC BLVD. MARGATE, FLORIDA 33063 (305)-972-3959 JOB NO. 87/2O5 DATE: DRAWN BY: CHECKED BY: F.B./PG. FILE NO. 7IZ0 5 e° 26- 89 BE(F0,20 ---- PRG�CT02 3/// 9B-4o CARNAHAN AND ASSOCIATES CONSULTING ENGINEERS r SURVEYORS LAND DEVELOPMENT CONSULTANTS 6191 W. ATLANTIC BLVD. MARGATE, FLORIDA 33063 EXHIBIT "G2" TRACT 27 & 28 . CONSTRUCTION EASEMENT r� u PLANNERS (305)-972-3959 A PORTION OF "FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO. 2", OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5; THENCE SOUTH 00'06'44" EAST, ALONG THE WEST LINE OF SAID SECTION 5, A DISTANCE OF 3274.80 FEET; THENCE SOUTH 60029'53" EAST, A DISTANCE OF 43.90 FEET -TO THE EoINT OE BEGINNINg; THENCE CONTINUE SOUTH 60'29'53" EAST, A DISTANCE OF 10.65 FEET; THENCE SOUTH 12'50'25" EAST, A DISTANCE OF 26.48 FEET; THENCE SOUTH 09'20'46" WEST, A DISTANCE OF 295.09 FEET; THENCE SOUTH 76 53 38,WEST, A DISTANCE OF 380.94 FEET; THENCE NORTH 13906'22" WEST, ADISTANCE OF 20.00 FEET; THENCE NORTH 76°53'38" EAST, A DISTANCE OF 368.56 FEET; THENCE NORTH 09'20'46" EAST, A DISTANCE OF 309.91 FEET TO THE EQINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. NOTE: BEARINGS BASED ON THE PLAT ENTITLED "KINGS POINT RECREATIONAL COMPLEX" AS RECORDED IN PLAT BOOK 115, AT PAGE 27 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. REVISIONS DATEI BY NOTES: 1) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENT$ 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 o O N No N GD CD � o z' co 3rcls. 3g"�• N 76° 5 350.94 S 7s0 53,3eV' -.N.130 06'22"W. 2.0.00,. 61466T 2 Oeg S.600 29'53'E. 43.90' S.600 29'53"E. • 10.65' 8.120 50'25"E. 26.48' Enymai T C- Z. S hcer top 2 SOAt,E : / "_ /oo' 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