HomeMy WebLinkAboutCity of Tamarac Resolution R-87-3571
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Temp. Reso. #4826
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87--—3,5-2_
A RESOLUTION APPROVING AND ACCEPTING A
20-FOOT SEWER 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 20-foot Sewer 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 g day of
1987.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form. _ n
RICHARD L. DOODY
CITY ATTORNEY
MAYOR
BERNARD HART
MAYOR: HART 6tt4 Ile,
DIST, 1: C/M ROHR 1
DIST. 2: C/M STELZER
DIST. 3: C/M HOFFMAN
DIST, 4: W/M STEIN
17
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TAMARAC UTILITIES WEST
SEXIER UTILITY EASEMENT
sv . S' 7- � %
This T.U.W. Sewer Utility Easement made this a°�Iday of , 198 7 , by
McNab Associates, Ltd. , (Grantor) and the City of
Tamarac, a Florida municipal corporation hav ng an address at 5811 Northwest
88th Avenue, Tamarac, Florida, 333210, (Grantee).
(Whenever 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).
k"Isowl w m
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 hereb
y acknowledged by both Parties, the
parties hereto do hereby grant and agree as follows:
1. 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. sewer 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
0 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-
SEWER UTILITY EASEMENT „
3
IN WITNESS WHF.,=F, Grantor has hereunto set his hand and seal on
and year first above written.
Signed, sealed and
delivered in the presence of:
Signed, sealed
deliverA in/t
(GRANTOR) McNAB ASSOCIATES, LTD., a
limited partnership
By: WENAL McNAB CO., a Florida
corporation, Genergl.Partner
By:
(GRANTEE)
By:
IF
Citv of Tamarac
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this T.U.W. Sewer
Utility Easement.
CITY ATTORNEY R +� o paaaY
STATE OF FLORIDA j
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 sociates, Ltd., a on 3aiRlited partnership
to v e known to be the person described in and who executed the foregoi in-
strument and he acknowledged before me that he executed the same.
TNESS ny hand and official seal in the County and State last aforesaid this
day of %�A. D. , 198 7
Notary lic, State of Florida
My Cminission Expires:
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. MAY 26,1990
'ATE OF FLORIDA,
BONDED THRU GENERAL INS, UND.
)
ONTY OF BROWARD )
C�
LJ
HEREBY CERTIFY that on this day, before me, an Officer duly uth rized
n the State aforesaid and in the County aforesaid to take ack owl dgments4P
ersonally appeared BERNARD HART, MAYOR, to me known to be the per on
escribed in and who executed the foregoing instrument and he asckrowledged
efore me that he executed the same.
ITNESS my hand and official seal inthe Coutny and State last aforesaid this
8th day of October A.D. , 1987.
i
i
Y COMMISSION EXPIRES:
ROTARY PUBLIC STATE OF FLORIDA
NY COMMISSION EXP SEPT 1791990
BONDED THRU GENERAL INS. UNO.
—2—
SEWER UTILITY EASEMENT
'( F650. S-7- 3S-7 /1
]�IT
DESQBMION: PARCEL "A"
A portion of the FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION 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 00010'05"
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 00010105" 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 37012107", 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 51000'50" East, a distance
of 440.92 feet to an intersection with a curve concave to the
West, a radial line through said intersection bears North
53020'41" 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 ventral angle of 2401712580, an arc distance of 995.00
feet; thence South 04028.40" East, a distance of 200.00 feet to
an intersection with a curve concave to the West, a radial line
through said intersection bears North 82031'00" 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 a 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 00010105" 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 45025123" West, along the
chord of a curve having a radius of 35.00 feet, 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 88059110" West, along a line 60.00 feet North of, and
parallel with the said South line of Section 5, a distance of
300.00 feet; thence South 89034'53" 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 land* situate, lying and being in the City of Tamarac,
Broward County. Florida, and containing 20.824 acres, more or
less.
.4 -
1. This is not a Sketch of Survey but only a graphic depiction
of the land* described hereon. and in no way reflects actual
field measurements or location.
CERTIFICATE:
I hereby certify that this SKETCH and LEGAL DESCRIPTION is true
and correct to the best of my knowledge and belief and meet* the
Minimum Technical Standards for Land Surveying in the State of
Florida as set forth in Chapter 21HH-6 of the FLORIDA
ADMINISTRATIVE CODE.
DARBY AND WAY, INC.
Sheet 1 of 2 ---
Job No. B064H=5/0/86
�,�• �`, �i:. r Rev. 4/29/86 -
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SKETCH 70 ACCOMPANY DESCR/Pr/ON
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SEWER UTILITY EASEMENT 1 �7 7 ,If
EXMrr " B' �
LAND DESCRIPTION
TAMARAC SQUARE WEST
SANITARY SEWER 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 20.00 feet wide, lying 10.00 feet on each side of the
following described center line:
COMMENCE at the southeast corner of said Section 5; thence North 88°59'10" West,
along the south boundary of said Section 5, a distance of 299.65 feet; thence
North 01°00'50" East, 99.50 feet to the POINT OF BEGINNING; thence
North 88°59'10" West, 401.00 feet; thence North 01°07'18" West, 290.00 feet;
thence North 19°59'10" West, 409.00 feet to a point of termination.
TOGETHER WITH
A strip of land 20.00 feet wide, lying 10.00 feet on each side of the
following described center line:
BEGIN at said POINT OF BEGINNING; thence North 09°38'16" East, 269.04 feet;
thence North 78°37'09" East, 172.00 feet; thence North 17°40'53" West,
367.00 feet; thence North 19°41'05" West, 192.72 feet; thence
North 24°33'12" West, 250.00 feet; thence North 44°37'18" West, 246.20 feet
to Reference Point "A"; thence North 38°59'10" West, 122.00 feet to a
point of termination.
TOGETHER WITH
A strip of land 20.00 feet wide, lying 10.00 feet on each side of the
. following described center line:
BEGIN at said Reference Point "A"; thence South 51600150" West, 201.00 feet;
thence South 47°11'46" West, 204.00 feet to a point of termination.
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Said lands lying in the City of Tamarac, Broward County, Florida.
Sheet 1 of 3
SEWER UTILITY EASEMENT
LINE NO. BEARING
EXHIBIT "B' )yc
IST NCK
1
North
88059'10"
West
2
North
01°07'18"
West
3
North
19059'10"
West
4
North
09°38'16"
East
5
North
78°37'09"
East
6
North
17040'53"
West
7
North
19°41'05"
West
8
North
24033'12"
West
9
North
44037'18"
West
10
North
38059'10"
West
11
South
51000'50"
West
12
South
47011'46"
West
401.00'
290.00'
409.00'
269.04'
172.00'
367. 0'
192.72'
250. 0'
246.20'
122. 0'
201. 0'
204. 0'
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