HomeMy WebLinkAboutCity of Tamarac Resolution R-87-2562
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Introduced by: d"q Temp. Reso.#4721
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87- �
A RESOLUTION APPROVING AND ACCEPTING A WATER
AND SEWER UTILITY EASEMENT OFFERED BY SUNMARK
HOMES, INC., FOR THE CYPRESS AT WOODMONT III -
JASMINE (WOODMONT TRACT 68/77) PROJECT; AND
PROVIDID& AN EFFECTIVE DATE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the water and sewer utility easement
offered by Sunmark Homes, Inc., for the Cypress at Woodmont
• III -Jasmine (Woodmont Tract 68/77) 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 upon
adoption.
r
PASSED, ADOPTED AND APPROVED this day of , 1987.
ATTEST: BERNARD HART
MAYOR
<ZeA�
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
A _gtY�N'I AP�LEGATE
C T ATTORNEY
MAYOR: HART
DIST. 1: C/M ROHR
DIST. 2: C/M STELZER
DIST. 3: C/M HOFFMAN
DIST. 4: V/M STEIN
MYf-5v`8%-:2S64
TAMARAC UTILITIES WEST
WATER AND SEWER UTILITY EASEMENT
• - -, 1)87- --.--SVNM�tK
On this 3�_ day of f UL Y.
�}Orl S 1Nc• �
(hereinafter "Grantor"), expressly grants an easement to the City of
Tamarac, a municipal corporation of the State of Florida, having an
address at 5811 N.W. 88th Avenue, Tamarac, Florida, 33321, (hereinafter
"Grantee"), 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").
49 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
attached hereto as Exhibit "S" 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.
-1-
7�*G
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 American TV that crosses this
easement at right angles.
Grantor may, for its own purposes, utilize the easement area and
shall retain a right 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 Grantee's 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
Broward County, Florida.
-2-
A
it
Aso_ ?7- 4
This instrument contains the entire agreement between the parties
elating 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.
Signed, sealed and
delivered in the presence of:
Aarcxn 0=o ost
Witness
Henry J.
Witness
(GRANTOR)
-3-
STATE OF FLORIDA
COUNTY OF DROWA&D PALM bE A G N
i
I HEREBY CERTIFY that on this day, before me, an Officer duly
acknowledgements, personally appeared
tAY b(A#*o w P0qF.S �D
, fPjT me known to be the person described in and who executed the fore-
going instrument and h¢. acknowledged before me that he executed
the same.
WITNESS my hand and official seal in the County and State last
aforesaid this 3o day of _ _ 17LILY 1987.
k NOTARY PUBLIC STATE OF FLORIN
NY COMMISSION EXP JUNE 17,}991
BONDED THRU GENERAL IN$: UND.
My Commission Expires:
Signed, sealed and
delivered in the pre se ce of:
0-)2 Kl�� yo,///
steel: City Ma(.�
J"OHA/ P. Ke`c y
Attested: City Clerk
44Xc4- C. ,8110(PevTo
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Easement Document.
-4 -
NA w % W. m z i I - �
(GRANTEE) •
CITY OF TAMARAC
By: Ail/�.
hEW lr/ wJP ff$r?r MA Yo /Q
CITY OF TAMARAC
APPROVED AT MEETING OF __ffl/AZe
Is
"Fe so , Y7-2s� 4
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an Officer duly
lauthorized in the State aforesaid and in t e County of resaid to take
acknowledgements, personally appeared
to me known to be the person described in and who exe uted the fore-
going instrument and;&Eacknowledged before me that executed the
same.
WITNESS my hand and se t Fort Lauderdale, Broward County,
Florida, this D day of , 1987.
4a -
Notary Public�-
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA
NY CONNISSION EXP SEPT 17.I990
BONDED THRU GENERAL INS. URD.
TUW/W&SUT.ESMT.
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• EXHIBIT "B"
DESCRIPTION: (UTILITY EASEMENT)
C�
A PORTION OF PARCEL "1", "CYPRESS AT WOODMONT III", ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 107, PAGE 4 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF N.W. 88TH
AVENUE AS SHOWN ON SAID "CYPRESS AT WOODMONT III" PLAT, SAID POINT ALSO
BEING THE SOUTHWEST CORNER OF SAID PARCEL "1", SAID POINT ALSO BEING ON
THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THAT CERTAIN CUL-DA-SAC AS SHOWN ON
SAID "CYPRESS AT WOODMONT III" PLAT; THENCE SOUTH 74058'34" EAST, ALONG
SAID CUL-DA-SAC RIGHT-OF-WAY LINE, A DISTANCE OF 48.39 FEET TO A POINT ON
THE SOUTHWESTERLY LINE OF A 12 FOOT UTILITY EASEMENT AS SHOWN ON SAID
"CYPRESS AT WOODMONT III" PLAT; THENCE NORTH 32'21147" WEST, ALONG SAID
SOUTHWESTERLY LINE OF A 12 FOOT UTILITY EASEMENT, A DISTANCE OF 35.76 FEET
TO THE POINT OF BEGINNING TO THE HEREIN DESCRIBED TRACT; THENCE
SOUTH 59019159" WEST, ALONG THE NORTHERLY LINE OF A 12 FOOT UTILITY
EASEMENT AS SHOWN ON SAID "CYPRESS AT WOODMONT III." PLAT, A DISTANCE OF
12.74 FEET TO A POINT WHICH BEARS NORTH 59°11'46" EAST FROM THE RADIUS OF
THE NEXT HEREIN DESCRIBED CURVE, SAID POINT ALSO BEING ON THE CURVING
NORTHEASTERLY LINE OF A 20 FOOT UTILITY, DRAINAGE AND NON -VEHICULAR ACCESS
EASEMENT AS SHOWN ON SAID "CYPRESS AT WOODMONT III" PLAT; THENCE ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 2473.00 FEET, A CENTRAL ANGLE OF
2040121" AND AN ARC DISTANCE OF 115.35 FEET; THENCE NORTH 57°38913" EAST,
A DISTANCE OF 12.29 FEET TO A POINT ON THE SAID SOUTHWESTERLY LINE OF A 12
FOOT UTILITY EASEMENT; THENCE SOUTH 32021'47" EAST, ALONG SAID
SOUTHWESTERLY LINE OF A 12 FOOT UTILITY EASEMENT, A DISTANCE OF 115.71
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD
COUNTY, FLORIDA AND CONTAINING 1394 SQUARE FEET MORE OR LESS.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER
21HH-6.06(1), MINIMUM TECHNICAL STANDARDS FOR LAND�SURVEYING IN THE STATE
OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD
OF LAND SURVEYORS, IN SEPTEMBER 1981, AND IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
SHEET 1 OF 2 SHEETS
LOGO D40-EASE
77-0019
CRAVEN- HOMFSON & ASSOCIATES, INC.
THI CH IS NOT VAL413ONLESS 17
8 OM2NAl CS lJRE.bN0
DENNIS M. BEALE
REGISTERED LAND SURVEYOR NO. 3606
STATE OF FLORIDA
EXHIBIT "B"
DESCRIPTION: (UTILITY EASEMENT)
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A PORTION OF PARCEL "1", "CYPRESS AT WOODMONT III", ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 107, PAGE 4 OF TEE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA AND BEING FURTHER -DESCRIBED AS FOLLOWS: ---
COMMENCING AT A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF N.W. 88TH
AVENUE AS SHOWN ON SAID "CYPRESS AT WOODMONT III" PLAT, SAID POINT ALSO
BEING THE SOUTHWEST CORNER OF SAID PARCEL "1", SAID POINT ALSO BEING ON
THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THAT CERTAIN CUL-DA-SAC AS SHOWN ON
SAID "CYPRESS -AT WOODMONT III" PLAT; THENCE SOUTH 74'58'34" EAST, ALONG
SAID CUL-DA-SAC RIGHT-OF-WAY LINE, A DISTANCE OF 48.39 FEET TO A POINT ON
THE SOUTHWESTERLY LINE OF A 12 FOOT UTILITY EASEMENT AS SHOWN ON SAID
"CYPRESS AT WOODMONT III" PLAT; THENCE NORTH 32'21'47" WEST, ALONG SAID
SOUTHWESTERLY LINE OF A 12 FOOT UTILITY EASEMENT, A DISTANCE OF 35.76 FEET
TO THE POINT OF BEGINNING TO THE HEREIN DESCRIBED TRACT; THENCE
SOUTH 59'19'59" WEST, ALONG THE NORTHERLY LINE OF A 12 FOOT UTILITY
EASEMENT AS SHOWN ON SAID "CYPRESS AT WOODMONT III" PLAT, A DISTANCE OF
12.74 FEET TO A POINT WHICH BEARS NORTH 59011146" EAST FROM THE RADIUS OF
THE NEXT HEREIN DESCRIBED CURVE, SAID POINT ALSO BEING ON THE CURVING
NORTHEASTERLY LINE OF A 20 FOOT UTILITY, DRAINAGE AND NON -VEHICULAR ACCESS
EASEMENT AS SHOWN ON SAID "CYPRESS AT WOODMONT III" PLAT; THENCE ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 2473.00 FEET, A CENTRAL ANGLE OF
2*40121" AND AN ARC DISTANCE OF 115.35 FEET; THENCE NORTH 57*38113" EAST,
A DISTANCE OF 12.29 FEET TO A POINT ON THE SAID SOUTHWESTERLY LINE OF A 12
FOOT UTILITY EASEMENT; THENCE SOUTH 32'21'47" EAST, ALONG SAID
SOUTHWESTERLY LINE OF A 12 FOOT UTILITY EASEMENT, A DISTANCE OF 115.71
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD
COUNTY, FLORIDA AND CONTAINING 1394 SQUARE FEET MORE OR LESS.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER
21HH-6.06(1), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE
OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD
OF LAND SURVEYORS, IN SEPTEMBER 1981, AND IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
t OF
SHEET 1 OF 2 SHEETS
LOGO D40-EASE
77-0019
CRAVE - HOMPSON & ASSOCIATES, INC.
TH�KCH 15 NOT VALIp UNLESS IT
IC SIGN REAND
ND SU EAL/ _
DENNIS M. BEALE
REGISTERED LAND SURVEYOR NO. 3606
STATE OF FLORIDA
"-
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CRAVEN • THOMPSON & ASSOCIATES INC.
ARCHITECTS - ENGINEERS • PLANNERS SURVEYORS
SM N w. 31 AVENUE . FORT LAUDERDiAL.E PlaOmA 33M9 r (305) 971-7770
OFFICES: FORT LAUDERDALE, WEST PALM BEACH lI&.50 87 -^ >4
NOTE
tlrls IS N A SKETC04 Of SUnVET,Net del, a peetkc "prelree" of Ile Mecrsrnen
/�e�Q
e14Own weem T*ere f10e s00e we fold were wew-+e a I%$ Sub"a Ore""T , of
FOR; �E A r ZA' l P• IMeeemer" Nt In comfolee well fee preMretleok of me sslfer"fhee allows
boreee
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DATED: ,_ K FEB B"
UPDATES &W/or REVISIONS DATE 1 BY
I'. JOB N0O77-W /9 DRAWN By: %7-V.A1..
88 th A vE.
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SHE z aor z s'viwry
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D H= The wWerW7Ad and Cp"EN •THOWSM IA ASSOCIATES, INC. mane no
represrntaliofr ar quaranlets os to 1M infafrertatian refleeied hereon psrtaje to
easements, rWs- of -avy r set bock Nnes, ressrvallof,s, ogreerflsrts end oAl,er sirrdlor
fflottefs, end lira,~, this inttrmnent Is not blinded to fsfkd or sN fwlh di such
hatters. Such Marn►o%on e:0A be obtaMed and eo ^wdd by aMen #nuo
Dppropdate title vertificotion .
NOTE Lands shown heron were not oberacted tar rift -of-" and/or
eoswwft of record .
CHECKED BY 1 F.0. po. FILE NO.