HomeMy WebLinkAboutCity of Tamarac Resolution R-87-3561
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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
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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
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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
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