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HomeMy WebLinkAboutCity of Tamarac Resolution R-87-2562 3 4 7 a 9 10 11 32 13 14 15 16 17 20 21 22 23 24 25 26 27 29 29 30 11 32 33 34 35 36 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. • 0 -5- EXHIBIT "A" b g / q v '> le a �. • ar .r•s sir '1 1 w s4 i! •rron's lot so :• 1 1 N . 1 ai r 1y,., 01 O ` * ` kill K ; L M` `\ % N i sA \ i 10 r \ 1I iv • s = $ 1_4 • A rr L� \ �. / 1 lip CA I ills IIIZ \`` \; ` err; �swaccc swirc apC V 1 1111101 Cn rn n Q . d Y =: 2 $ r --leII a=R �szi =1' i ss i=r;xa as�3aie Rx a .st in � s% ssa x �.s- t a! il; is s� Ees�=;see i ; �;�asF�--ssas^a_ s i rs s ■ s=7tiR)lt���••�AXI=�! >< tS ! % .Rt �SY-'s e gSS-ya it R � � ry\ �a�� x t � �y - �"�L�S••Ry-3ay � g -!� -e L-�1�'y s ._ Ri 5��.. :y I c'f .e :z: -�.g= airy e, £ ! I 3-1 G-=i==€ �`:€- sga-s ie==fie as��« ;a,+°:=@ ts=a�;_ s'" • x =off -;-i-'e;-.f. _yz=',e? sa=as"er.,I. ;ys�*�_e : _ Th «-M''to I- a't - - fit ss "♦ •'� .i=$ �.ia " x=y=_s? xya t�s-i;,Eas.�-«�_"T- a_$$�_ r ass L e' - Rc _ �t Z_--s'etaa v USXUSCt�_ i-Ott Rt -y' C e_ii O ��- t�sis: «t. R- r=xs :_-=;`t'ixi: iq R :_ -a* � Y Z �-8' o��� ; ss=- sys�':s���R�li «i R.i; *:'11 lsissiis''fii=i "- ! 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Fii S iR'i= ;;. �A:il=:==s�� �i-t ■ :1. e�-� rr'air�s-sP�lsr =#-&Afu v� • 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) r LJ a 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 "- � 0 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 ,i o� Lo* G p� SCALE -- !"- SID d [f V N Xi4mr or WAY Pep.,mrao ay J1gr a &4'1" D$ r h157'38'I3'•E fS4yv" I r N3Z�i'Y7r� %Z •x9 kx-t r_ fl+LR173.od, A-Z04mlZt", A- Al~-VA*c..c,.fR- .ass £asF I ►* �y�`58'3y., ?r,e—.o' 4"Lery, O�o�.Wf le, ye 39' E Ake YW'"IULY 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. u 0 a SHE z aor z s'viwry E,rc,,e r w,,,, 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.