HomeMy WebLinkAboutCity of Tamarac Resolution R-84-028I
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Introduced by 4/ Temp. Reso. #3009
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-84-
A RESOLUTION APPROVING AND ACCEPTING A UTILITY EASEMENT
OFFERED BY SABAL PALM GOLF CLUB, INC.; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the utility easement offered by Sabal Palm Golf
Club, Inc., for spray irrigation purposes, is hereby approved and accepted, a copy
of said easement being attached hereto as Exhibit "A".
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 day of , 1984.
ATTEST:
DISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the for/and correctness
of is Resolu ion.
Ci
RECORD OF COUNCIL VOTE
MAYOR FALCK:
DIST: 1: C/M KRAVITZ: -4/_Z
DIST. 2: V/K1 t,,gAS31A,1,. :
DIST. 3: C/M STELZER: 4A4_
DIST. 4: C/M KRANTZ:.® _
36
UTILITY EASEMENT
This Utility Easement made this dav of
198_, by Sabal Palms Golf Club Inc. , 51_01 wept
Commercial Boulevard, Tamarac. Fla. 3331A
(Grantor and the City of Tamarac, a Florida municipal corporation hav-
ing an address at 5811 Northwest 88th Avenue, Tamarac, Florida 33321,
(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).
WITNESSETH:
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 for use of portions of the servient estate, which portions
are as yet not fully determined and, therefore, cannot yet be specific-
ally described;
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:
1. Grantor hereby grants and conveys to Grantee, its successors
and assigns the right, but not the obligation, to discharge efflu-
ent into all canals and lakes presently located upon the servient
estate and Grantor agrees that it will use said effluent so discharged
as the primary source of watering and irrigating the golf course
located on the servient estate, to the extent such effluent is suffi-
cient in quantity to meet Grantor's irrigation requirements.
2. Grantor hereby grants and conveys to Grantee, its successors
and assigns the right as necessary to install, maintain, repair and
service effluent control structures, appurtenant mains and equipment,
without the obligation to do so, provided said easement rights do not
interfere with the operation of the golf course or other use of the
property without approval of Grantor. The location and physical ap-
pearance of any above ground improvements shall be subject to consent
of the Grantor which shall not be unreasonably withheld.
3. Grantee agrees to exercise the above easement rights in a
manner so as not to interfere with the operation of the golf course
or in any way to alter the course or otherwise hinder the use of the
servient estate. After any digging or excavation, Grantee agrees,
within a reasonable period thereafter, to restore the surface of the
course and property to the condition in which it existed prior to any
construction. Grantee agrees that all modifications to the servient
estate resulting from Grantee's exercise of the easement rights shall
be solely the expense of Grantee.
4. Grantor reserves all rights not herein granted pursuant to
this easement, including but not limited to, the right of free in-
gress 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.
5. The parties hereto mutually understand and agree that the
purpose of this document, which grants to the City of Tamarac easements
which are not specifically or legally described herein, is a temporary
accommodation document giving Tamarac the necessary immediate authority
from Sabal Palms to complete planning and design for the installation
of this spray irrigation system. Upon completion of design and con-
struction, the parties agree that this document will be abandoned,
rendered null and void and cancelled of record, subject to a new spray
irrigation easement document which will be prepared by the City of
Tamarac and entered into between the parties which will specifically
identify only the two or three areas and locations, by complete legal
descriptions, where the spray irrigation pipes will be located on
Sabal Palms' property and where easement rights will be maintained in
perpetuity.
It is additionally agreed by the City of Tamarac that notwith-
standing the easements herein or hereafter granted by Sabal Palms
Golf Club, Inc., such easements will not preclude Sabal Palms from
- 2 -
using the area above those easements for any and all purposes deemed
sensible and good business practice by Sabal Palms or that, in the
alternative, the City of Tamarac, will allow relocation of the ease-
ments and the facilities or structures placed thereon so that the
same in no way interfere with or impede such use of the property as
Sabal Palms, or its successors or assigns, may desire to make, said
relocation to be at Grantor's expense.
6. The provisions of this easement shall be binding on the
parties hereto and the respective successors and assigns as a cove-
nant running with and binding upon the servient estate.
7. Except as set forth hereinabove, this easement shall not be
released or altered without consent of the Grantee, which consent
shall not be unreasonably withheld.
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:
Wit s
Witness
Signed, sealed and delivered
in the presence of•
tness C_ 7 ��' !,►�
Witness
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Ut�X ity Easement
(GRANTOR)
By: -� �C/ � //
(GRANTEE)
CITY OF TAMARAC
By: \,,,\ 1 j �, K
r
- 3 -
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an Officer duly author-
ized in the State aforesaid and in the unt aforesaid to take
acknowledgments, personally appearedw
to me known to be the person described in and who executed the fore-
going instrument and acknowledged before me that executed the same.
WITNESS my hand an fficial seal in a County and State last afore-
said this,__ day of A.D. 198
NOTARY PUBLIC STATE OF FLORIDA AI LARG:
MY C041M I SS 1 ON E,"T I j_-S APR 21 15 4
�OND_D TI:RU GEIJTRAL INS L'L
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an Officer duly author-
ized in the State aforesaid and in the County foresaid to e
acknowledgments, personally appeared
to me known to be thi pe son described in and who executed the fore-
going instrument and acknowledged before me that executed the
same.
WITNESS my hand apj official seal in the County and Sttatte 1a9s8t/afore-
said this day of
NOTMY PLIKIC STATE OF FLORIDA AT LA"-
MY, tOMMISSION EXPITZ APR 21 1s,11
$OPMED THRU GENERAL IN", U':' ' ;�;, I Tt:"
MIM
Rev. 2/6/84
1
} EXHIBIT A S R 6~► j`
DESCRIPTION:
A portion of Tracts 13, 14 and 15 of Section 12. Township 49 South,
Range 41 East, and a portion of Tracts 2 and 3 of Section 13, Town-
ship 49 South, Range 41 East, recording to the plat thereof, of FORT
LAUDERDALE TRUCK FAR?tS SUBDIVISION, as recorded in Plat Book 4,'Pa,ve 31,
of the Public Records of Broward County, Florida, heing more p,irticularly
described as follows:
COMMENCING at the Southwest corner of said Section 12; THENCE
North 00°13'45" West, along the West line of said Section 12, a distance
of 60.01 feet; THENCE South 89°09'25" Fast, a distance of 87.36 feet
to the Point of Beginning of this description; THENCE North 44°41'35" West,
a distance of 49.03 feet; THENCE North 00°13'45" West, :Tong a line
53.00 feet East of, and parallel with, as ;measured at right angles to,
the West line of said Section 12, a distance of 1220.65 feet, to a
Point 5.00 feet South of, and parallel with, as measured at right
angles to, the North line of said Tract 13; THENCE South 89°09'25" East,
along a line 5.00 feet South of, and parallel with, as neasured at riiLht
angles to, the North line of said Tracts 13, 14 and 15, a distance of
3908.21 feet, to the East line of said Tract 15; THENCE South 00°12'55" East,
along the East line of said Tract 15, a distance of 381.98 feet; THE'
South South 44°01'43" West, a distance of 197.50 feet; THENCE South 77°27'33" ',;est,
a distance of 174.15 feet; THENCE North 78°34'08" Vest, a distance of
369.90 feet; THENCE South 52°55'08" ,lest, a distance of 276.97 feet;
THENCE South 27°01'40" Vest, a distance of 358.82 feet; 'm}.' E
South 45°27'17" East, a distance of 503.11 feet, to a Point on the
West Right -of -Way line of Sur.sl;ine State Parr;:ray; Tiii:?;CE
South 38°17'30" Vest, along said I-:est Right -of -::ay line, a distance
of 692.52 feet; THENCE North 42°23'54" lest, a distance of 294.45 feet;
THENCE North 47°52'28" West, a distance of 273.19 feet; THFNCE
South 41°54'19" West, a distance of 15.00 feet to an intersection with
the arc of a circular curve to the Left, whose ra.iii.is point bears
South 41°54' 19" Lest, from the last described point; THENCE Nortl;er ly
and Vesterly along the arc of said curve, having a radius of 1014.93
feet, an arc distance of 727.37 feet, to the Point of Tand�ncy; 7111iNCE
North 89009125" lest, a distance of 9.75 feet; THENCE 'north 00°50'35" East,
a distance of 603.00 feet; THENCE North 89°09'25" West, a distance of
90.00 feet; THENCE North 00°50'35" East, a distance of 191.77'feet;
THENCE South 89°09'25" East, a distance of 353.00 feet; THENCE
South 00°50'35" Zest, a distance of 323.00 feet, to a Point of Curva-
ture of a circular curve to the Left; THENCE Southerly and Easterly
along the arc of said curve, having a radius of 310.00 feet, an arc
distance of 324.63 feet, to the Point of Tangency; THENCE
South 59°09'25" East, a distance of 293.00 feet, to the Point of Curva-
ture of a circular curve to the Left; THENCE Southeasterly and 'North-
easterly along the arc of said curve, having a radius of 135.00 feet,
an arc distance of 274.35 feet, to the Point of Reverse Curvature of
a circular curve to the Right; THENCE Northerly and Easterly along
the arc of said curve, having a radius of 720.00 feet, an arc distance
of 547.40 feet, to the Point of Reverse Curvature of a circular curve
to the Left; THENCE Easterly and Northerly along the arc of said curve,
having a radius of 220.00 feet, an arc distance of 121.71 fcc:t, to a
Point on the arc of a circular curve to the Left, w•l.ose radius point
bears North 19°16'00" East, from the last described point; THFNCE
Easterly, Northerly and Westerly along the arc of said curve, having
a radius of 120.00 feet, an arc distance of 415.53 feet, to the Point
of Tangency; THENCE north 89°09'25" West, along a line 275.00 feet
South of, and parallel with, as measured at right a ni;les to, Vie
:North line of said Tracts 13, 14 and 15, a distance of 2210.00 feet,
to the Point of Curvature of a circular curve to tl: Left; THENCE
Westerly, Southerly and Easterly along the arc of said curve, having
a radius of 120.00 feet, an arc distance of 490.75 feet; THENCE
South 89009'25" East, a distance of 775.53 feet; THENCE
South 00050135" West, a distance of 276.77 feet; THENCE
North 89'09'25" West, a distance of 509.68 feet, to the Point of
Curvature of a circular curve to the Left; THENCE Westerly and Southerly
along the arc of said curve, having a radius of 155.00 feet, an arc
distance of 140.22 feet, to the Point of Tangency; THENCE
South 39°00'41" hest, a distance of 162.33 feet, to the Point of
together with the following described parcel:
A portion of Tracts 2, 3, 4, 5, 6 and 12, of FORT LAUDERDALE TRICK FAR'!S
SUBDIVISION of Section 13,.Townslaip 49 South, Range 41 East, Broward
County, Florida, as recorded in Plat Book 4, Page 31, of the Public
Records of Broward County, Florida, being more p:articlalarly ecscribed
as follows:
COMMENCING at the Northwest corner of said Section 13; Tll):';CE
South 89009125" East, along the ?north line of said Section 13, a dist:al;ce M
of 784.12 feet; THENCE South 00°13'00" East, a distance of 92.48 feet,
to the Point of Beginning of this description; THENCE continue
South 00°13'00" East, a distance of 235.58 feet; THENCE South 39°09'25" Fast,
a distance of 967.55 feet, to the Point of Curvature of a circular curve '
to the Right; THENCE Easterly and Southerly along the arc of said curve,
having a radius of 626.93 feet, an arc distance of 553.68 feet, to the
Point of Tangency; THENCE South 38°33'14" Erlst, a distance of 101.04
feet, to the Point of Curvature of a circular curve to the Ri-lit;
THENCE Easterly and Southerly and Westerly along the arc of said curve,
having a radius of 145.00 feet, an arc distance of 194.47 to t!ae
Point of Tangency; THENCE South 38°17'30" West, a dirt:anee of. 2596.07
feet, to the Point of Curvature of a circular c+ir•:e to t!.c T.r::t;
Westerly and Southerly along the arc of said curve, 1avi a r.-,i i.,ss of
950.00 feet, an arc di:;t::nce of 595.98 feet, to a ^lint (.:a ?._ :.arc of
a circular curve to the Right, �:h:;se ra,li;:s point '.). rn Sent!a :6°15'34" _St,
from the last doscril.,d point; '1hE.GE. .'out'„o.:sterly .:nd ::•art`: str.rly
along the arc of said curve, having a radius of 125.00 foot, nn arc
distance of 502.40 feet, to a Point of Ct):-pound Curvature of a circular
curve to the Right; VFNCE Northeasterly ;along the arc of said cl:rve,
having a radius of 1150.00 feet, an arc di:,tar.ce of 144.87 feet; 1 :t';CE
North 51°42'30" test, a distance of 25.36 feet, to the Poi:lt of Curva-
ture of a circular curve to the Right; THENCE .:ort`a•r;tcrly nlon `a te
:arc of said cur•.e, h.i, ing a raliu:; of 520.00 root, nn .,rc -if
436.11 feet, the last six deberi';od courses being c,),_.•.ch!oat .:ith t!;e
boundary of THE :;AINLANDS OF TA'-'Lt.RAC LAKES 6TH SEMON, as recoru•:d in
Plat Book 65, Page 46, of the Public R,�coa:ds of Bru%.ard County, Florida;
T1.LVCE South 39
° °47'UG" West, a di.stsince of 115.94 I,!et, to the Point of
Curvature of a circular curve to the haft; Tlil,"'CF, Westerly aA Sout'.- rly
along the arc Of ';;lid c'"le, '..wing a of 25.00 foot, an :arc eis-
tance of 39.27 feet, t`:e l::,;t t,•:o courses '. �in; ro:n.,Ae.eilt
with the Sout`a�rly `����; :'try ��f �. W. 30til Street, as :a'.aor:-n on the said
plat THE 1•ial:%LA':nS OF i.',',-:RAC LAKES 6TH 5 C*f1QN; T:i'..:C:E South 00°13'0Cr" E.:st,
along a line 50.00 feet East of, and parallel with, as l-ensured at right
angles to, the lest line of said Section 13, a distance of 174.48 feet,
to a Point on the North line of said Tract 12; THE'NCE North 89°15'42" ''est,
along the North line of said Tract 12, a distance of 10.00 feet; THENCE
South 00*13100" East, along a line 10.00 feet East of, and parallel with,
as measured at right angles to, the 1-lest line of said Section 13, a
distance of 1320.00 feet, to a Point on the South lisle of said Tract 12;
THENCE South 89°15'42" Fast, along the South lire of sr;id Tract 12, a
distance of 384.22 feet, to a Point on the arc of .a circular curve to
the Right, whose radius point hears South 64°47'2-')" F.:st, fron the last
described point; THraCr. ::ortta,:asterly along the arc of said curve, `a a::ng
a radius of 7719.44 feet, ;an arc distance of 1773.52 feet to the ?ui:lt
of Tangency; '1':1;:KCE ''ortia 38°17'3U" East, a distance of 208S.09 feet,
the last two &: scrih-:A c0l'" �s brri" coiticid. nt with the '..., sterly R1„tat-
of-'.'ay line of Sunshine St etc Par::.:ay; r North 33°56'43"
distance of 601.27 fu,A; 'I;....:f:F . •,: th 41°54' i,3" .....:t, a dirt .. cc of
8.00 :eet, to a Point on the arc of " circular curve to the left, w".cLie
radius point bears South 41 54'19" Pest, from the last described point;
THENCE Westerly along the :arc of said curve, having a radius of 887.93
feet, an arc distance of 636.35 feet, to the Point of Tangency; THENCE
North 89009"25" test, along a line 67.00 feet South of, and parallel
with, as measured at right angles to, the North line of said Section 13,
a distance of 946.92 feet; TlIENCE South 45°18148" West, a distance of
35.68 feet to the Point of Beginning.
Said lands situate, lying and being in Broward County, Florida.
Containing 134.278 acres, more or less.
1;,;T/lr
030/79
Jo 77-1269
.l
1
Curvature of a circular curve to the Left; THENCE Westerly and Southerly
along the arc of said curve, having a radius of 155.00 feet, an arc
distance of 103.26 feet, to the Point of Tangency; THFNCE South 00°50'35" West,
a distance of 235.38 feet, the last twenty described courses being coin-
cident with the boundary of THE %M NLANMn OF TAMARAC LAKES 7TH SECTION,
as recorded in Plat Book 68, Page 4, of the Public Records of Broward
County, Florida; THENCE !north 89°09'25" West, along a line 60.00 feet
North of, and parallel with, as measured at right ankles to, the South
line of said Section 12, a distance of 762.76 feet to the Point of
Beginning,
together with the following described parcel:
A portion of Tracts 4 and 5 of FORT LAUDERDALE TRUCK FAR.`;S SUBDIVISION
of Section 13, Township 49 South, Range 41 East, Broward County, Florida,
as recorded in Plat Book 4, Page 31, of the Public Records of Broward
County, Florida, being more particularly described as follows:
COMMENCING at the Northwest corner of said Section 13; T11F\'CE
South 89°09'25" East, along the North line of said Section 13, a distance
of 375.06 feet; THENCE South 00°13'00" Fast, a distance of 67.01 feet,
to the Point of Beginning of this description; THENCE continue
South 00013100" East, a distance of 1345.52 feet; THFNNCE
South 89°47'00" West, a distance of 325.00 feet; TH,-.NCF Solath 00°13'00" Fast,
along a line 50.00 feet East of, and parallel with, as ,T!n::i,ri-d at right
angles to, the West line of said Section 13, a distance of 960.00 feet,
to a Point on the North Right -of -Way line of N. W. 50th Street, as s!.C-.:n
on the plat of Tl1E '11%I 'LANDS OF TtL,aRAC LAKES 6TI1 SFC'rTON, as rocor,2ed
in Plat Book 65, Page 46, of the Public Records of Br u,.,: ird Coi:nty, Flori.cla,
said point being further described as being on the arc of a circular
curve to the Left, whose radius point bears North 89°47'00" Fast, frc:n
the last described point; T14FIXE Southerly and Easterly along the arc of
said curve, having a radius of 25.00 feet, an arc distance of 39.27 feet
to the Point of Tangency; THFNCE North 89°47'00" East, a distance of
175.00 feet, the last two described rOu[s,.s being coinc-M-nt with the
said North Right -of -:'ay line of N. 14. 50th Strrot; 1",iENCE
North 00°13'00" hest, it distance of 505.00 feet, to the Point of Curva-
ture of a circular curve to the Right; TH', NCE Northerly and Easterly
along the arc of said curve, having a radius of 135.00 feat, an arc
distance of 212.06 feet, to the Point of Tangency; TiiENC;E
North 89°47'00" Fast, a di.st::nce of 265.00 feet, the Last described
courses being coincident with the 1'`2sterly and i:ort`.,2rly bou-n, tcy 1'.:cs
of Block 118, of the said plat of THE MAINLANDS OF 1'.'::L,?.':C LAKES 6TH
SECTION; THENCE North 00°13'00" i•'est, along the Westerly boundary of
Lot 1, Block 118, of the said plat THE 1`MNLANDS OF TAl-t,JAC LAKES 6TH
SECTION, and the :Northerly projection of the Westerly boundary line
of Block 107 of the said plat THE t•L1INLANDS OF T,LiARAC LAKES 6TH SECTION,
a distance of 1549.41 feet; THENCE South 89009125" East, a distance of
90.01 feet; THENCE North 00°13'00" Lest, a distance of 111.48 feet; THH""CE
North 44°41'13" West, a distance of 35.03 feet; THENCE `;orth 89°09'25" hest,
along a line 67.00 feet South of, and parallel with, as ;-:e:, ured at right
angles to, the North line of said Section 13, a dirt nce of 340.52 feet,
to the Point of Beginning,