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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-1291 04 -ME. Temp. Reso. 4100 I- e I U 1 2 3 4 5 6 7 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86- 42 A RESOLUTION APPROVING AND ACCEPTING A 12 FOOT FLOWAGE EASEMENT OFFERED BY TAMARAC OXFORD LIMITED PARTNERSHIP FOR THE SPRING HOUSE PROJECTS; AND PROVIDING AN EFFECTIVE DATE. 8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA 9 10 SECTION 1: That the 12-foot flowage easement offered by 11 Tamarac -Oxford Partnership Limited, for the Spring House 12 Project, is hereby approved and accepted, a copy of said 13 easement being attached hereto as Exhibit "1". 14 SECTION 2: That the appropriate City officials are 15 ereby authorized to execute said easement on behalf of the 16 ity. 17 ,SECTION 3: That the City Clerk is hereby authorized and 18Iroward irected to record said easement in the public records of 19 County, Florida. 20 ,SECTION 4: This Resolution shall become effective upon 21 adoption. PASSED, ADOPTED AND APPROVED THIS day of 1986. 22 23 24 25 26 TTEST: 27 28 (� 29 ITY CLERK HEREBY CERTIFY that I have 30 p ved the f and correctness th s R solu 31 32 ITY ATTOR Y 33 34 MAY R 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 Id!.1 le - ?(1 - /,;? 19 FLOWAGE EASEMENT , THIS FLOWAGE EASEMENT made this Z_23 day of _r 1986, by TAMARAC-OXFORD LIMITED PARTNERSHIP, a Maryla Limited Partnership ("Grantor") and the CITY OF TAMARAC, a Florida municipal corporation, having an address at 5811 Northwest 88th Avenue, Tamarac, Florida 33321 ("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). W I T N E S S R T H : , WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "All 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 the purposes of providing drainage and flowage for those portions of Rock Island Road adjacent to the Servient Estate ("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: TAMARAC-OXFORD LIMITED PARTNERSHIP, a Maryland limited partnership, BY: OXFORD EQUITIES CORPORATION, an Indiana corporation, General Partner By: :S70-,�x/ 34��_ STEAEN H. FLANAGANr/ CITY OF TAMARAC, a Florida municipa Corporation By: I HEREB'� �ERTIFY that Ithave approved the form and correctness of this Flowag sement e CITY A OR Y ID 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 STEPHEN H. FLANAGAN, as J�/ ( r Of OXFORD EQUITIES CORPORATION, an Indiana corP-oration, General Partner of TAMARAC - OXFORD LIMITED PARTNERSHIP, a Maryland limited partner- ship, 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 and Official seal in the County and State last aforesaid this day of 4qP1,21Z_ 1986. 7, A-Ly 3U011c MY Commission Expires: NOTARY PUBLIC STATE OF FLORIDA CO"'SS'ON fXP NOV 9 1987 AWED JHRU GEN INSURA14CE 1IND 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 C�qunty afore- sSj,P/tO t ke acknowledgments, personally appeared as to me known to be �he _2y-A—kef-� 0 f t h e C I T'_y< (0) �FFT A MM �21 IRA, �,C PersOff �described in and who the foregoing instrument and excuted" he executed the same. he acknowledged before me that WITNESS my hand and official 1 the County and State last aforesaid this q;?,� day of 1986. 2N0- gta r A�yp ululic MY Commission Expires: NOTARY PUBLIC STATE OF FLO415A Py CCONISSION EXP. MOM 21,1081 DOWdED TOW GENERAL 146. W. -2- F1 E NOTES: CCL CONSULTANTS, INC. ENGINEERS 9 SURVEYORS s PLANNERS POMPANO BEACH OFFICE VERO BEACH OFFICE 2200 Park Central Blv4 N. , Suite 100 6&4 Azalea Lane,,Sulte C-2 (305) 974-2200 (305) 231-4127 LEGAL DESCRIPTION — FLOWAGE EASEMENT: A 12 FOOT WIDE EASEMENT IN TRACT "A", SPRING HOUSE, AN' OXF`ORD­' COMMUNITY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK AT PAGE , PUBLIC RECORDS, BROWAPD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT "A", THENCE SOUTH 0*13145" EAST FOR 302.71 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 SOUTH 37*46115,, WEST FOR 66-59 FEET; THENCE SOUTH 0013145" EAST FOR 71 7* FEET; THENCE SOUTH 35013'45" EAST FOR 71.48 FEET TO A POiNT ' HEREINAFTER REFERRED TO AS POINT "A" AND POINT OF TERMINUS. TOGETHER WITH: COMMENCE AT POINT "A" AS PREVIOUSLY DESCRIBED; THENCE SOUTH 00013'45" EAST FOR 215.00 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 SOUTH 84052'41" WEST FOR 121.11 FEET? THENCE SOUTH 89046'15" WEST FOR 280.00 FEET; THENCE NORTH 00*13145" WEST FOR 165.00 FEET; THENCE NORTH 86015'07" WEST FOR 141.57 FEET; THENCE SOUTH 00'13'45" EAST FOR 54.00 FEET; THENCE SOUTH 33027'39" WEST FOR 79.32 FEET TO A POINT OF TERMINUS, EASEMENTS LINES ARE TO BE LENGTHENED OR SHORTENED TO PROVIDE A CONTINUOUS 20 FOOT WIDE EASEMENT. I SUBJECT TO EXISTING EASEMENTS, RIG.HTS—OF—WAY, RESTRICTIONS AND RESERVATIONS OF RECORDp IF ANY. 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYQR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED POR EASEMENTS AND/OR RIGHTS -OF -WAY OF RECORD. 3. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD 5"RvEv he ­u REVISION$ DATE a v CERTIFICATION: I HEREBY CERTIFY 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. Aj (\j PROFESSIONAL LAND SURVEYOR __Z4f4 STATE OF FLO FUCA ISHMA,4 S. MOHAM,10, PL..S,- U --]DATE// CHECKED FIELD DRAWN w efs 6 Y gy 909K CCL CONSULTANT& INC. ENGINEERS o SUR VEYORS *.PLANNERS POMPANO BEACH OFFICE 2200 Park-��entral Bl�d;-lq- , Suite 100 (305) 974-2200 /.T/. RA1,0 R0,9.D /yo.a'o o VERO BE.ACHOFFICE ne, ul e 664 gzalea-ii S ii C-2 (305) 231-4127 5 8f '416'15"W r /Z. 00' . Vo0&13'4S,"W X Jzradp7 �N W cd le -'47'IW jA1A&"1.5 4 47' ";v j LA D R04D jJ ROCK ISLA ........... . F7 tl f� � li 0 ATH �j PROJIrcir Q CM,91.1 7- 181 'P T ".46'15 W Ll. S. +4 S-thrE ROAD 71 0 CA -rjoAl SK,671CH ScCr10AI (A;07 TO SCA41) s 67 'T O'D 01B,45, 71. 76 BOA REVISIONS Aoelel�wol -/0,41 DATE a Y (lei m7l CONSULTANTS ip ji - I 740 15 we .............. 30?. 7/'- .............. A corner 'A ;7ROPErSIONAL LAND SURVEYOR STATE OF FLO., RIOA U DATE DRAWN CHECKED F I F =LLD tj'Ox z Z). 11-ol-85 By BY /s, so