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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-128Introduced by_CL Temp. Reso. 4099 �J 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF'TAMARAC, FLORIDA RESOLUTION NO.R 86--/= y A RESOLUTION APPROVING AND ACCEPTING A 12- FOOT FLOWAGE EASEMENT OFFERED BY SABAL PALMS GOLF CLUB, INC., FOR THE SPRING HOUSE PROJECT AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA SECTION 1: That the 12-foot flowage easement offered by Sabal Palms Golf Club, Inc. for the Spring House Project; is hereby approved and accepted, a copy of said easement being attached hereto as Exhibit 111". SECTION 2: That the appropriate City officials are hereby authorized to execute said easement on behalf of the City. SECTION 1: That the City Clerk is hereby authorized an directed to record said easement in the public records of Broward County, Florida. SECTION 4: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this ,;Z-3 day of 1986. ATTEST; I HEREBY CERTIFY that I have approved the form and correctness of this Resolution. CITY ATTO�EY MAYOR RECORD OF COUNCIL VOTE MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: C/M STELZER DIST. 3: C/M GOTTESMAN� �+ DIST. 4: V/M STEIN�- IMI1...__ FIA)WAGE EASEMENT THIS FLOWAGE EASEMENT 198i�, by SABAL PALMS GOLF ("Grantor") and the CITY OF ation, having an address at Florida 33321 ("Grantee" made this day of CLUB, INC. , a Florida c6rporation TAMARAC, a Florida municipal corpor- 5811 Northwest 88th Avenue, Tamarac, (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). W I T N E S S, E T H : WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient Estate"); and WHEREAS, Grantor desires to grant unto Grantee a non- exclusive easement to use a portion of the Servient Estate. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10) 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: 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive easement on, over and across the Servient Estate for drainage and flowage purposes ("Flowage Easement"). 2. Grantor reserves all rights not herein granted pur- suant 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. 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: SABAL PALMS GOLF CLUB, INC., a Florida corporation By: ;? 64. RICHARD H. STACKHOUSE, President 13 CITY OF TAMARAC, a Florida municipal corporation By: 0 " I HEREBYCERTIFY that I have approved the form and correctness of Flowa asement CITY XTTORI�Y STATE OF FLORIDA ) SS: COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County afore- said to take acknowledgments, personally appeared RICHARD H. STACKHOUSE, as President of SABAL PALMS GOLF CLUB, INC., a Florida corporation, to me known to be the person described in and who excuted the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand an official seal in the C nty and State last aforesaid this day of 19 My Commission Expires: STATE OF FLORIDA COUNTY OF BROWARD SS: Notary Pilblic NOTARY PU90C STATE OF FLORIDA MY COMMISSION EAF NOV 9 1981 IONDW 7HRU GEN INSURANCE UtQ -7 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County afore- s id to , take acknowledaments, personally appeared 1*'t�PL9--XW 1/4� -F as - of the CITY OF TAMARAC, to me known to be the perscin 6escribed in and who excuted the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official 1 in the County and State last aforesaid this �_?�day of 1986. Notary Public My Commission Expires: NOTARY PUSITt STATC V F001M NY CCANI3310t Exp. APR 21,19es 09WED THOU GE&EM IN&. ijND. -2- (a 0 - y G- 16W CCL CONSULTANTS, INC. ENGINEERS 9 SURVEYORS 9 PLANNERS 0 L] POMPANO BEACH OFFICE VERO BEACH OFFICE 2200 Park Central Blvd, N. , Suite 100 664 Azalea Lane,,Suite C-2 (305) 974-2200 (305) 231-=7 LEGAL DESCRIPTION - FLOWAGE EASEMENT: A 12 FOOT WIDE EASEMENT LYING IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST OF FORT LAUDERDALE TaUCK FARMS SUBDIVISION AS RECORDED IN PLAT BOOK 4 AT PAGE 31, PUBLIC RECORDS, BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF TRACT "A", SPRING HOUSE, AN OXFORD COMMUNITY, RECORDED IN PLAT BOOK , PAGE , PUBLIC RECORDS, BROWARD COUNTY, FLORIDA; THENCE NORTH 0*13'45" WEST ALONG THE EASTERLY BOUNDARY OF SAID TRACT "A" FOR 544.15 FEET TO THE POINT OF BEGINNING OF SAID 12 FOOT WIDE EASEMENT LYING 6.00 FEET ON EACH SIDE OF AND CONTIGUOUS WITH THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 89*46'15" EAST FOR 50.00 FEET; THENCE NORTH 0013'45" WEST FOR 153.92 FEET; THENCE NORTH 35013'45" WEST FOR 87.17 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT VIA" AND POINT OF TERMINUS. TOGETHER WITH: COt4MENCE AT POINT "A" AS PREVIOUSLY DESCRIBED; THENCE NORTH 35013'45" WEST FOR 71.48 FEET; THENCE NORTH 0-13'45" WEST FOR 71.78 FEET; THENCE NORTH 37046'15" EAST FOR 66.59 FEET TO THE POINT OF BEGINNING OF SAID 12 FOOT WIDE EASEMENT LYING 6.00 FEET ON EACH SIDE OF AND CONTIGUOUS WITH THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 37046'15" EAST FOR 78.86 FEET; THENCE SOUTH 89010'42" EAST FOR 258.75 FEET TO THE POINT OF TERMINUS. EASEMENT LINES ARE TO BE LENGTHENED OR SHORTENED TO PROVIDE A CONTINUOUS 12 FOOT WIDE EASEMENT. SUBJECT TO EXISTING EASEMENTS, RIGHTS -OF -WAY, RESTRICTIONS AND RESERVATIONS OF RECORD, IF ANY. NOTES, T—.REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS AND/OR RIGHTS —OF —WAY OF RECORD. 3. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. REVISIONS DATE By CERTIFICATION: I HEREBY C IFY THAT THE ATTACHED SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA STATE BOARD OF LAND SURVEYORS. (\j N�l PROFESSIONAL LAND SURVEYOR STATE Or FLORIDA ISHMAEL S, MOHAMED. PL.S. DATE DRAWN ICHECKED/5,A�. IFIELO // - el- 6 y BY BOOK I U w 9 gn Z 'pole. 1.55*13'4S'W 71-4J .- 1�90 o7e P40. B. R40. c e. cor'w 7 "-a c -t -A - REVISIO S CCL CONSULTANTS, INC. ENGINEERS *SURVEYORS *PLANNERS POMPANO BEACH OFFICE 2200 Park Central Blv4 N. , Suite 100 1 (305) 974-2200 VERO BEACH OFFICE 664 Azalea Lane,'Suite C-2 (305) 231-4127 Z-ve. 7s A? 4FA 5C-APFV r r N Z 7 _7.7 J 14 Al 35013 'doS 0 W O'D4,13,45, -W 4- .F.V4 A100'13'450 W . /s, DATE By N Ch ff PROFESSIONAL LAND SURVEYOR -STATE OF FLORIDA DATE DRAWN CHECKED FIELD //_ %?/_ Ifs ISY A-1. D. lay Z5.hf. ISOOK 1AJ