Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-87-3561 2 3 4 5 1 9 10 11 22 13 14 15 16 17 1R J 21 22 23 24 25 26 27 28 29 30 1 34 35 36 Temp. Reso. # 4825 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87-� A RESOLUTION APPROVING AND ACCEPTING A 15-FOOT WATER UTILITY EASEMENT OFFERED BY MCNAB ASSOCIATES, LTD., FOR THE TAMARAC SQUARE WEST PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the 15-foot water utility easement offered by McNab Associates, Ltd., for the Tamarac Square West 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 c;4 f day of 1987. ATTEST: 9M� CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD L. DOODY CITY ATTORNEY i]iJ i414C]it✓ K2X1XJt i _ MAYOR: HART DiST. 1: C/M ROHR Er:`,`.T, 2: C/M STELZER �. . Q aS .:3: C/M HOFF MAN e2dd4== DIST. 4: V/M STEIN ..., 1.1 1 • TAMARAC UTILITIES WEST �sp. WATER UTILITY EASEMENT This T.U.W. Water Utility Easement made this 021�day of , 198 7 , by McNab Associates, Ltd. , (Grantor) and the City if Tamarac, a Florida municipal corporation having an address at 5811 Northwest 88th Avenue, Tamarac, Florida, 33321, (Grantee). 0henever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, and made a part hereof, (hereinafter referred to as the "Shopping Center") and WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to use a portion of the Shopping Center more particularly described in Exhibit "B" attached hereto and made a part hereof, (said portion of the Shopping Center so described on said Exhibit "B" being hereinafter referred to as the "Servient Estate"). 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. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive easement over and upon the servient estate for the installation and maintenance of underground T.U.W. water utilities facilities. 2. Grantor reserves all rights not herein granted pursuant to this easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further easements under, over and on the servient estate; 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. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. -1- WATER UTILITY EASEMENT 4 �'A5® I �7-3,ft, . IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on and year first above written. Signed, sealed and (GRANTOR) McNAB ASSOCIATES, LTD., a delivered in the presence of: limited partnership By: WENAL McNAB CO., a Florida corporat' n, Genera Partner By; old 5 na , President yi sealed and (GRANTEE) jeli red e e of City of Tamarac rry AAnunr_>» Tz .ao � mac. c. I HEREBY CERTIFY that I have approved the form and correct- ness of this T.U.W. Water Utility Easement. CITY ATTORNEY Re ,4aP Paoby 0 STATE OF FIARIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authoriz in State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Harold S. Wenal, President of Wenal McNab Co. the General Partner of McNab Associates, Ltd., a Florida 1 united partnership, me known to be the person described in and who executed the foregoi in- trument and he acknowledged before me that he executed the same. :TNESS my hand and official seal in the County and State last aforesai thi \ day of3Z�i �A.D., 198 7 . STATE OF FLORIDA ) COUNTY OF BROWARD ) , state My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA NY COMMISSION EXP. MAY 26,1990 BONDED THRU GENERAL INS, UND. I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take ac now ledgmen personally appeared BERNARD HART, MAYOR, to me known to be the pe Son described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State las this 28th day of October,AD. 1987. MY COMMISSION EXPIRES NOTARY PUBLIC STATE OF FLORIDA NY COMMISSION E%P SEPT 17,1990 BONDED THRU GENERAL INS. UND. NOTARY PUBLIC of esaid -2- WATER UTILITY EASEMENT . F7-35V ,, DESCRIPTION: PARCEL "A" EXtiLBTT 'A' A portion of the FLORIDA FRUIT LANDS COMPANY'S SUBDIV15ION NO. 2 of Section 5, Township 49 South, Range 41 East, as recorded in Plat Book 1, Page 102 of the Public Records of Pala Beach County, Florida, described as follows: COMMENCE at the Southeast corner of said Section 5; thence North 88059'10" West (on an assumed bearing), along the South line of said Section 5, a distance of 753.16 feet; thence North 00010105" West, along the Easterly right-of-way line and its Southerly extension, of that certain 100.00 foot wide canal as described in Official Records Book 6450, Page 688,of the Public Records of Broward County, Florida, a distance of 55.01 feet to an intersection with a line 55.00 feet North of, and parallel with the said South line of Section 5 and the POINT OF BEGINNING; thence continue North 00010'05" West, a distance of 29.45 feet to the point of curvature of a curve concave to the West; thence Northerly along the arc of said curve, having a radius of 1647.00 feet, a central angle of 37012107190 an are distance of 1069.39 feet, the last two (2) described courses being coincident with said Easterly canal right--of-way line; thence North 51000150" East, a distance of 257.80 feet; thence South 38059110" East, a distance of 49.00 feet; thence North 51000150" East, a distance of 440.92 feet to an intersection with a curve concave to the West, a radial line through amid intersection bears North 53020141" East; thence Southerly along the arc of said curve, being coincident with the Westerly right-of-way line of Pine Island Road (A/K/A Northwest 88th Avenue) as described in Official Records Book 4747, Page 183 of the Public Records of Broward County, Florida, said curve having a radius of 2347.00 feet, a central angle of 24017.25", an are distance of 995.00 feet; thence South 04026/40 East, a distance of 200.00 feet to an intersection with a curve concave to the West, a radial line . through said intersection bear* North 82031100" East; thence Southerly along the arc of said curve, being 19.00 feet West of and concentric with said Westerly right-of-way of Pine Island Road, said curve having ■ radius of 2328.00 feet, a central angle of 07018'55", an arc distance of 297.23 feet to the point of tangency; thence South 00010'05" East, along a line 19.00 feet West of, and parallel with said Westerly right-of-way line, a distance of 2.77 feet; thence South 45025'23" West, along the chord of a curve having a radius of 35.00 fort, said curve being tangent to the last described course and also being tangent to the following described course, a distance of 50.01 feet; thence North 88059'10" West, along a line 60.00 feet North of, and parallel with the amid South line of Section 5, a distance of 300.00 feet; thence South 89034153" West, a distance of 200.00 feet; thence North 88059'10" West, along a line 55.00 feet North of, and parallel with said South line of Section 5, a distance of 145.37 feet to the POINT OF BEGINNING. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and containing 20.824 acres, more or less. •-_ 1. This is not a Sketch of Survey but only a graphic depiction of the lands described hereon, and in no way reflects actual field measurements or location. QZRTIFICATE: I hereby certify that this and correct to the beat of my Minimum Technical Standards Florida as set forth in ADMINISTRATIVE CODE. DARBY AND WAY, INC. Sheet 1 of 2 Job No. 8064K 11/6/85 Rev. 4/29/86 - Rev. 5/ 0/86 SKETCH and LEGAL DESCRIPTION is true knowledge and belief and meets the for Land Surveying in the State of Chapter 21HH--6 of the FLORIDA SKETCH TO ACCOMPANY DESCR/PT/ON �rpp6 ove pp 5 53b��0o AwloA rRillr [ d NOS CO. &(/BO N' Z (Rg /-roZ AXR) . n► A ~" lob �+ e- 4 n w n mid i� o � A Fs/IV000 �dMY�Ii✓/JY �p' 44 ... I 7"--x zw Ast f3 Nod pieQC�L rN w ZO.824,/r,QES! �✓ez•ai'oo'E (WAD/AO 19' U5•t3'2'w ft 5007 -\ AIU*Sf*IV Sb9•�;Q'63W AOJ. 37, ADm' NeB•Sgic�w-eao.na' toe LAM*$ SHOWN "WON gang MOT ABSTA"TaO, Or 169 vMORtI f"D 1'OIt MI�IITII-or•�rAr LAUWWT3. Al YATIOA• AMO Of11LA NIIILtAN NATTiA/ p oleo" WFORIMA*"AMM$ TTWIDUSH LMftDP*IATLMfITL5 VUvUATIOM. f� MAWWG IS TMg rMOrtMTV M. &"Sr wM 1wr, me. Me ek"-L NOT u r0[0 OM UPOODUC40 IN WHOLi O. OAST WITM01R ■ arvan malowma. j4 am/ $; , 6-fow. /ttitlOMAI •YArtrIM� AMp t1NIML�AIM� ILL w is n LAIIORAOAL9. I►LOMIOA 88334 >10 .M.0031 v-m Afar:Ahrw/1 Aelton /!/o/%NA /o O/7 award, . .feet/ fait `O.D.C. .fE. to/w Afr. s lq•!/ B 06 -011 WATER UTILITY EASEMENT EXHIBIT "B" LAND DESCRIPTION TAMARAC SQUARE WEST WATER EASEMENT A portion of FLORIDA FRUIT LANDS COMPANY'S 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, more particularly described as follows: A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline: COMMENCE at the Southeast corner of said Section 5; thence North 88*59' 10" West, along the South boundary of said Section, 261.50 feet; thence North 02°48'08" East, 53.00 feet to the POINT OF BEGINNING; thence con- tinue North 02°48'08" East, 31.59 feet to Reference Point "A"; thence continue North 02048'08" East, 31.48 feet to Reference Point "B"; thence North 00°45'32" East, 120.49 feet to Reference Point "C"; thence North 03°29'14" West, 111.81 feet to Reference Point "D"; thence North 00*35' 44" West, 54.52 feet; thence North 11034'34" West, 93.62 feet to Refer- ence Point "E"; thence North 12°30'15" West, 87.77 feet to Reference Point "F"; thence continue North 12°30'15" West, 46.56 feet; thence North 15°00'36" West, 179.84 feet; thence North 23°24'08" West, 161.27 feet to Reference Point "G"; thence North 22032'29" West, 135.58 feet; thence North 22°32'35" West, 45.00 feet; thence North 64°30'11" East, 70.00 feet; thence North 25°12'39" West, 64.86 feet to Reference Point "H"; thence North 38059'10" West, 131.00 feet to Reference Point "I"; thence continue North 38°59'10" West, 48.00 feet to Reference Point "J"; thence South 51°00'50" West, 181.50 feet to Reference Point "K"; thence continue South 51°00'50" West, 343.50 feet to Reference Point "L"; thence continue South 51°00'50" West, 27.00 feet to Reference Point "M"; thence South 31°47'24" East, 132.91 feet; thence South 29°44'33" East, 84.49 feet; thence South 21°08'19" East, 30.00 feet, to Reference Point "N"; thence continue South 21008'19" East, 156.70 feet; thence • South 21°06'26" East, 153.33 feet; thence South 14°16'32" East, 70.50 feet to Reference Point "0"; thence continue South 14016'32" East, 30.00 feet; thence South 04018'23" East, 47.90 feet; thence South 02°41'40" East, 108.23 feet; thence South 00°30'49" East, 75.03 feet; thence South 04019129" West, 38.55 feet; thence South 01°41'36" East, 48.52 feet to Reference Point "P"; thence continue South 01°41'36" East, 14.58 feet to a point of termination on the right--of-way line of McNab Road (106 foot right-of-way). TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline: BEGIN at said Reference Point "A"; thence North 87°11'52" West, 26.50 feet to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline: BEGIN at said Reference Point "B"; thence North 88°59'10" West, 474.00 feet to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline: BEGIN at said Reference Point "C"; thence North 88°59'10" West, 58.90 feet to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline: BEGIN at said Reference Point "D"; thence North 89°03'36" East, 23.50 feet to a point of termination. Sheet 1 of 5 WATER UTILITY EASEMENT TOGETHER WITH (( ffsV r, f7,3j(4 ExH BIT "'B Of A strip of land 15.00 feet wide, lying 7.50 feet on each side of th following described centerline: BEGIN at said Reference Point "E"; thence South 76°23'12" West, 189.89 f et; thence North 59°03'29" West, 23.00 feet to Reference Point "Q"; the ce c n- tinue North 59°03'29" West, 62.83 feet; thence North 15041142" West, 22 w53 feet to Reference Point "R"; thence North 21°39'34" West, 194.25 feet; t ence North 17°46'12" East, 71.70 feet to Reference Point "S"; thence continue North 17°46'12" East, 14.00 feet; thence North 59°34'27" East, 200. 4 fe t to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of th following described centerline: BEGIN at said Reference Point "F"; thence North 77°29'45" East, 21. to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of t following described centerline: BEGIN at said Reference Point "G"; thence North 67*25159" East, 21. to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline: BEGIN at said Reference Point "H"; thence North 51*00150" East, 65.5 to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline: BEGIN at said Reference Point "I"; thence North 51°00'50" East, 11. to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline: BEGIN at said Reference Point "J"; thence North 51°00'50" East, 74.0 to Reference Point "T"; thence continue North 51°00'50" East, 51.99 a point of termination on the right-of-way line of Pine Island Road (N.W. 88 Avenue - 106 foot right-of-way). TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline: BEGIN at said Reference Point "K"; thence North 38°59'10" West, 18.51 to a point of termination. N TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described centerline: BEGIN at said Reference Point "L"; thence South 38'59'10"East, 11. to'a point of termination. fee fee fee fee t t fee `eet o fee fee 11 E Sheet 2 of 5 WATER UTILITY EASEMENT «��54 �� EXHIBIT "B" TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described center lime: BEGIN at said Reference Point "M"; thence North 29°22'25" West, 90.00 feet to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described center line: BEGIN at said Reference Point "N"; thence North 68°51'41" East, 8.50 feet to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described center line: BEGIN at said Reference Point "0"; thence North 75°43'28" East, 13.50 feet to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described center line: BEGIN at said Reference Point "P"; thence North 88°18'24" East, 41.50 feet to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described center line: BEGIN at said Reference Point "Q"; thence South 30°56'31" West, 32.50 feet to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described center line: BEGIN at said Reference Point "R"; thence South 71°39'22" West, 41.50 feet to a -point of termination. TOGETHER WITH A strip of land"15.00 feet wide, lying 7.50 feet on each side of the following described center line: BEGIN at said Reference Point "S"; thence North 72°13'48" West, 29.50 feet to a point of termination. TOGETHER WITH A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described center line: BEGIN at said Reference Point "T"; thence North 38°59'10" West, 95.00 feet to a point of termination. Said lands lying in the City of Tamarac, Broward County, Florida. Sheet 3 of 5 LINE ,NO. WATER UTILITY EASEMENT � �� a EXHI IT HEARING I STAINC E 1 North 02648'08" East 31: 9' . 2 North 02"48'08" East 31. 8' 3 North 00"45'32" East 120. 9' 4 North 03029'14" West 111. 1' 5 North 00035'44" West 54. 2' 6 North 11"34'34" West 93. 2' 7 North 12"30'15" West 134. 3' 8 North 15"00'36" West 179. 4' 9. North 23"24'08" West 161. 7' 10 North 22032'29" West 135. 8' 11 North 22032'35" West 45. 0' 12 North 64030'11" East 70. 0' 13 North 25012'39" West 64.�6' 14 North 38059'10" West 131. 0' 15 North 38059'10" West 48. 0' 16 South 51000'50" West 181. 0' 17 South 51000'50" West 343. 0' 18 South 51000'50" West 27. 0' 19 South 31"47'24" East 132. 1' 20 South 29044'33" East 84. 9' 21 South 21"08'19" East 30. 0' 22 South 21008'19" East 156. 0' 23 South 21606'26" East 153. 3' 24 South 14"16'32" East 70. 0' 25 South 14016'32" East 30. 0' 26 South 04"18'23" East 47. 0' 27 South 02041'40" East 108. 3' 28 South 00030'49" East 75. 3' 29 South 04"19'29" West 38. 5' 30 South 01041'36" East 48. 2' 31 South 01041.'36" East 14. 8' 32 North 87"11'52" West 26. 0' 33 North 88059'10" West 474. 0' 34 North 88059'10" West 58. 0' 35 North 89"03'36" East 23. 0' 36 South 76023'13" West 189. 9' 37 North 59003'29" West 23. 0' 38 North 59003'28" West 62. 3' 39 North 15041'42" West 223. 3' 40 North 21"39'34" West 194. 5' 41 North 17046'12" East 71. 0' 42 North 17046'12" East 14. 0' 43 North 59034'27" East 200. 4' 44 North 77029'45" East 21. 0' 45 North 67025'59" East 21. 0' 46 North 51"00'50" East 65. 0' 47 North 51000'50" East 11. 0' 48 North 51000'50" East 74. 0' 49 North 38°59'10" West 95. 0' 50 North 51"00'50" East 51. 9' 51 North 38"59'10" West 18. 0' 52 South 38059'10" East 11. 0' 53 North 29022'25" West 90. 0l' 54 North 68051'41" East 8. 0' 55 North 75043'28" East 13. 0' 56 North 88018'24" East 41. 0' 57 South 30056'31" West 32. 0' 58 South 71"39'22" West 41. 0' 59 North 72"13'48" West 29. 0' Is She t 4 If 5 WATER UTILITY EASEMENT �5 Q. 97 34 ,I EXHIBIT "B" W rn OU) c0 CD VUV W CD No a Nin C NM 0 Z „„„ W44 ,0619Z �+.� t j M„01.6r.088 N s �- N W m C, to O 0- �M ` 0 �p � N i x W x z\ O s cr O i A_ O a W o N O O > n W a - 4 w W Nap: L) s c + : L 1 � ® °� V 0 N O -mod )"Oleo 02 b� Y o-` s- hh atK o .°a w '-' o 0 N 06 z u Aj i •a c � •� a i N W 41 ►+ 61 a w ° quo a d aJ u ►+ M a+ ij w-4 Fto A w 61 a ►. 6 in E4 q as 3 4) •4 a w E• ¢ x 1;N M�7 .+ • 11