HomeMy WebLinkAboutCity of Tamarac Resolution R-86-291Introduced by: Temp. # tl,�70
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86- oZ%Z
A RESOLUTION APPROVING AND ACCEPTING A
TAMARAC UTILITIES WEST WATER AND SEWER
UTILITY EASEMENT OFFERED BY THE LANDINGS
ON CYPRESS GREENS JOINT VENTURE FOR THE
LANDINGS ON CYPRESS GREENS (FORMERLY
.PATIO HOMES AT FAIRMONT) PROJECT; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA
SECTIQ 1: That the Tamarac Utilities West Water and
Sewer Utility Easement offered by The Landings on Cypress
Greens (formerly Patio Homes at Fairmont) project is hereby
approved and accepted, a copy of said easement being hereby
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 upon
adoption.
PASSED, ADOPTED AND APPROVED this _1Oday of,_A,4�' 1986.
ATTEST:
MARIL BE THOLF
CI Y CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
MAYOR: HART
DIST. 1: C/W MASSARO
DIST. 2: V/M STELZER _
DIST. 3: C/M GOTTESMAN
DIST. 4: C/M STEIN
TAMARAC UTILITIES WEST
WATER AND SEWER UTILITY EASEMENT
This T.U.W. Water and Sewer Utility Easement made this 28th day of August,
1986, by THE LANDINGS ON CYPRESS GREENS JOINT VENTURE, (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 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 ($10.00) and
41 other good and valuable consideration 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 over and upon the servient estate for the
installation and maintenance of T.U.W. water and sewer utilities.
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.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the
day and year first written above.
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and i the County afo�egaid to take acknowledgments,
personally appeared
to me known to be the person described in and who executed'the foregoing
instrument and he acknowledged before me that he executed the same on behalf
of
WITNESS by hand and official seal in the County and State last aforesaid this
-2 th day of Auquot A.D. 1966.
Notary Public, State of Florida
My commission expires:
' (Saal)
.fir _ .. i.:.T" r•r Ft'..
• - .. 1 ry iJ i, U � v
Signed, sealed and
delivered in the presence of
J
Signed, sealed and
delivered in the preseAce of:
City Mahag
Ln' L 'C'
Cit Clerk
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this T.U.W. Water and
Sewer Easement.
City Attorney
STATE OF FLORIDA
COUNTY OF BROWARD
(GRANTOR)
THE LANDINGS ON CYPRESS GREENS
JOINT VENTURE
By Fairmont Development Corporation,
a Florida Corporation, a Joint Venturer
By.
Alan Trauger, president
And By Lautin Ventures, Inc., a Florida
Corporation, a Joint Venturer
By: A�t_
L Lautin, President
(GRANTEE)
City of Tamarac
. BY' /.
Mayor
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments,
personally appeared ALAN TRAUGER, as President of Fairmont Development
Corporation and LEW LAUTIN, as President of Lautin Ventures, Inc. to me known
to be the persons described in and who executed the foregoing instrument and
they acknowledged before me that they executed the same on behalf of THE
LANDINGS ON CYPRESS GREENS,JOINT VENTURE.
WITNESS by hand and official seal in the County and State last aforesaid this
28th day of August A.D. 1986.
Notary Public, State of Florida
My commission expires:
NOTARY PUBLIC 5TATt OF FLORIDA (Sea )
MY COMMISSION EXPIRES APR 23 1987
ipN= IM S"WE" JN�UgANa UND
SKETCH OF UTILITY EASEMENT
AT THE LANDINGS
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By: Winningham b Lively,lnc.
1040 N.E. 45th Street
Fort Lauderdale, Florida
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EXHIBIT "A" ,9 - 41 -BG
PAGE 1 OF 6
DE'SL'RIP'fIUN OF' UTILITY EASEMENT
AT THE LANDINGS
A parcel of land in the SE 1/4 of Section 8, TDwnship 49 South, Range
41 East, said parcel including a portion of Tract 10 in Section 8,
according to the plat of lbrt Lauderdale Truck Farms, as recorded in Plat
Book 4 at page 31 of the Public Records of Broward County, Florida, and
being more particularly described as fo l lows:
Commencing at the Northeast corner of the Plat of Patio Homes at
Fairmont Section 1, as recorded in Plat Book 118 at Page 29 of the Public
Records of Broward munty, Florida; thence run South 0'23'57" East (on an
assuned bearings 73.90 feet along the Easterly boundary of said plat to a
point of intersection; thence run South 59°36'03" West 22.90 feet along
said Easterly boundary to a point of intersection; thence run South
0'23'57" East 34.25 feet along said Easterly boundary to a point of
Intersection with the arc of a curve running Southeasterly to the right, a
radial at said point bearing South 15'11'30" West, said point being the
Point of Beginning; thence along the arc of said curve to the right,
having a radius of 125 feet and a central angle of 48'29'30" run
Southeasterly 105.79 feet to a point of tangency; thence run South 26*19'
East 46.15 feet along the tangent extended to a point of curvature of a
curve to the left; thence along the arc of said curve to the left, having
a radiuis of 25 feet and a central angle of 70'31'44" run Southeasterly
30.77 feet to a point of reverse curvature; thence along the arc of a
curve to the right, having a radius of 125 feet and a central angle of
6'26'47' run Easterly 14.06 feet to a point of tangency; thence run North
89'36'03" East 50 feet along. -the tangent extended to an intersection with
the Westerly line of the 100 foot drainage easement described on the
Instrument filed in Official Records Book 5284 at Page 69 of the Public
Records of Broward munty, Florida; thence run South D 23'57" Fast 50 feet
along said Westerly line; thence run South 89'36'03" West 50 feet to a
ipoint of curvature of a curve to the left; thence along the arc of said
curve to the left, having a radius of 75 feet and a central angle of
56'37'59" run Southwesterly 74.13 feet to a point of reverse curvature;
thence along the arc of a curve to the right having a radius of 125 feet
and a central angle of 56037'59" run Southwesterly 123.55 feet to a point
of tangency; thence run South 89'36'03" West 179.89 feet along the tangent
extended to a intersection with the Easterly right of way line of N.W.
92nd Avenue, as shown on said plat of Patio Homes at Fairmont Section 1;
thence run North O'23'57" West 75 feet do a point of curvature of a curve
running Southeasterly to the left; thence along the arc of said curve to
the left, having a radius of 25 feet and a central angle of 90' run
Southeasterly 39.27 feet to a point of tangency; thence run North
89'36'03" East 154.89 feet along the tangent extended to a point of
curvature of a curve to the left; thence along the arc of said curve to
the left having a radius of 75 feet and a central angle of 56'37'59" run
Northeasterly 74.13 feet to a point of reverse curvature; thence along the
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34959
EXHIBIT "A"
PAGE 2 OF 6
DESCRIPTION OF UTILITY EASEMENT
AT THE LANDINGS
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arc of a curve to the right, having a radius of 125 feet and a central
angle of 11'14'40" run Northeasterly 24.53 feet to a point of reverse
curvature; thence along the arc of a curve to the left, having a radius of
25 feet and a central angle of 70°31'44" run Northeasterly and
Northwesterly 30.77 feet to a point of tangency; thence run tbrth 26*19'
West 46.15 feet along the tangent extended to a point of curvature of a
curve to the left; thence along the arc of said Curve to the left, having
a radius of 75 feet and a central angle of 48°29'30" run Northwesterly
63.48 feet; thence run North 15`11'3(Y' East 50 feet along a line radial to
the last described curve to the Point of Beginning.
Said lards situate in the City of Tanarac, Broward County, Florida.
34959
EXHIBIT "A"
PAGE 3 OF 6
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SKETCH OF THE UTILITY EASEMENTS
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By: Winningham b Lively,Inc.
1040 N.E. 45th Street
Fart Lauderdale, Florida
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DESCRIPTION Of THE UTILITY EASEMENTS
AT THE LANDINGS
A parcel of land in the SE 1/4 of Section 8, Tbwnship 49 South, Range
41 East, said parcel including a portion of Tract 10 in said Section 8,
according to the plat of lbrt Lauderdale Truck Farms, 'es recorded in Plat
book 4 at Page 31 of the Public Records of Broward County, Florida, and
being mare particularly described as fellows:
Commencing at the Northeast corner of the plat of Patio Homes at
Fairmont Section 1, as recorded in Plat Book 118 at Pine 29 of the Public
Records of 8roward county, Florida; thence run South 0 23'57' East (on an
assumed bearing) 73.90 feet along the Easterly boundary of said plat to a
point of intersection; thence run South 59°36'03" West 22.90 feet along
said Easterly boundary to a point of intersection; thence run South
0'23'57" East 26.48 feet along said Easterly boundary to a point of
Intersection with the arc of a curve running Southeasterly to the right, a
radial at said point bearing South 14°17'19" West and being being the
Point of Beginning of a strip of land 15 feet in width, lying 7.5 feet on
each side of the hollowing described centerline; thence along the arc of
said curve to the right, having a radius.of 132.50 feet and a central
arkzle of 49*23141" run Southeasterly 114.23 feet to a point of tangency;
thence run South 26019' East 46.15 feet along the tangent extended to a
point of curvature of a curve to the left; thence along the arc of said
curve to the left, having a radius of 17.50 feet and a central angle of
70631'44" run Southeasterly 21.54 feet to a point of reverse curvature;
thence along the arc of a curve to the right, having a radius of 132.50
feet and a central angle of 6026'47" run Easterly 14.91 feet to a point of
tangency; thence run North•89°36'03" East 50 feet along the tangent
extended to an intersection with the Westerly line of the 100 foot
drainage easement described in the instrument filed in Official Records
book 5284 at Page 69 of the Public Records of Broward Cbunty, Florida and
the terminus of said centerline; thence run South 0°23'57" East 65 feet
along said Westerly line to the Point of Beginning of a strip of land 15
feet in width lying 7.5 feet on each side of the following described
centerline; thence run South 89°36'03" West 50 feet to a point of
curvature of a curve to the left; thence along the are of said curve to
the left, having a radius of 67.50 feet and a central angle of 56°37'59"
run Southwesterly 66.72 feet to a point of reverse curvature; thence along
the arc of a curve to the right, having a radius of 132.50 feet and a
central angle of 56"37'59" run Southeasterly 130.97 feet to a point of
tangency; thence run South 89°36'03" West 179.89 feet to a point
hereinafter labeled Point A; thence continue South 89°36'03" West 513.64
feet to a point of curvature of a curve to the left; thence along the arc
of said curve to the left, having a radius of 17.50 feet and a central
angle of 91°02'24" run Southwesterly 27.81 feet to a point of tangency on
a line 7.5 feet Easterly from, as measured at right angles, and parallel
to the Easterly right of way line of N.W. 94th Avenue as described on the
instrument filed in Official Records Book 9585 at Page 126 of the Public
34960
EXHIBIT "A"
PAGE 5 OF 6
DESCRIPTION OF THE UTILITY EASEMENTS
AT THE LANDINGS
V.
Records of broward Cbunty, Florida; thence run South 1`26'21" East 94.70
feet along said parallel line to the terminus of said centerline, and
commencing at aforesaid Point A; thence run North 0023'57" WeRt 82.50
feet; thence run North 89°36'03" Fast 7.50 feet to the Fbint of Beginning
of a strip of land 15 feet in width lying 7.5 feet on each aide of the
fallowing described centerline; thence run North 0'23'57" West 115 feet to
a point of curvature of a curve to the right; thence along the arc of
.said curve to the right, having a radius of 17.50 feet and a central arCle
of 90' run Northeasterly 27.49 feet to the point of tangency; thence run
North 89036'03" East 150 feet along the tangent extended to a paint of
curvature of a curve to the right; thence along the arc of said curve to
the right, having a radius of 67.50 feet and a central argyle of 64*04'57'
run Southeasterly 75.50 feet to a point of tangency; thence run South
26'19' East 46.15 feet along the tangent extended to a point of curvature
of a curve to the right; thence along the arc of said curve to the right,
having a radius of 17.50 feet and a central angle of 70'31'44" run
Southeasterly and Southwesterly 21.54 feet to a point of reverse
curvature; thence along the arc of a curve to the left, having a radius
of 132.50 feet and a central angle of 11°14'40" run Southwesterly 26 feet
to a point of reverse curvature; thence along the arc of a curve to the
right, having a radius of 67.50 feet and a tentral angle of 56'37'59" run
Southwesterly .66.72 feet to a point of tangency; thence run South
89'36'03" West 154.89 feet along the tangent extended to a point of
curvature of a curve to the right; thence along the arc of said curve to
the right having a radius of 17.50 feet and a central angle of 90°run
Nbrthwesterly 27.49 feet to the terminus of said centerline.
Said lands situate in the City of Tanarac, Broward County, Florida.
0
EXHIBIT "A"
PAGE 6 OF 6