HomeMy WebLinkAboutCity of Tamarac Resolution R-84-027Introduced by ��,�,� �� Temp. # 3 0 0 7
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-84-�
A RESOLUTION APPROVING AND ACCEPTING A
UTILITY EASEMENT OFFERED BY C.W.M., INC.,
FOR THE COLONY WEST EXECUTIVE COURSE; 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 C.W.M., Inc.
for the Colony West Executive Course, 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 ��` Vday of ,1984.
ATTEST:
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this Resolution.
r�
MAY
r YOR
RECORD OF COUNCIL VO r
MAYOR FALCK: ,A-46-
DIST. 1: C/M KRAVITZ:
DIST. 2: V/M MASSY{ISO:
DIST. 3: C/M STELZER:
DIST. 4: C/M KRANTZ:�
00
UTILITY EASEMENT
This Utility Easement made this $ day of ,
198L1, by C.W.M. INC. , a Fl rida
Corporation 6800 N. W. 88th Avenue, Tamarac, Fla. 33321
(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).
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 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
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 effluent into all canals and lakes presently located
upon the servient estate and Grantor agrees that it will use said
effluent so discharged as the sole source of watering and irriga-
ting the golf course located on the servient estate, to the extent
such effluent is sufficient in quantity to meet Grantor's irriga-
tion requirements.
2. Grantor hereby grants and conveys to Grantee, its suc-
cessors 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 ease-
ment rights do not interfere with the operation of:.the golf course.
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. Grantee agrees to restore the
surface of the course to its existing condition prior to any con-
-1-
struction, after any digging or excavation, within a
reasonable period thereafter.
4. 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.
5. 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.
6. 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 th presenc of:
Witness
eaL
Witn ss
Signed, sealed and delivered (GRANTEE)
in the presence of:
City of Tamarac
Witness Y q �
By:
Witness 55% i rr «2K
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Utility Easement.
-2-
1
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid
to take acknow edgments, personally appeared
.La rJ /S LE�.So�t
to me known to be the person described in and who executed the
foregoing instrument and W/q S acknowledged before me that 7'1�
executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this 4Lz/ day of 7-19 /U/9R>1 A.D. 198a/.
NOTARY PUBLIC STATI: OF FLORIDA AT LOM
MY COMMISSION EXPIRES JULY 11 1984
STATE OF FLORIDA
/ONDED.?N4W GENMAL INS, UNDERWGITPS
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County afore0id
to a e acknowledgments, ersonally appeared �� w
T
J
to me known to be the persop described in and who executed the
foregoing instrument and acknowledged before me that
executed the same.
WITNESS my hand and fficial sea in the County and St to last
aforesaid this 7; day of A.D. 198j
NARY kUBLIC STATE OF FLORIDA AT LARG.
MY CQMMISSION EXPIRES APR 21 19Fs4
BONDED THRU GENERAL INS UNDFRWRITERC
Rev. 1/9/84
-3-
1: no2-�Jon of . See Lion' 8, 'Cownnbit I19 South, It:n;;e I11 East, 01 FOR'C
:?lUi�r.i�L1i:; 2i�UCii MAIM:_: SU13UIVISS0:1, as recorded in flat Loos: 1:, 31,
of tlic J ublic •records of .uroward County' Florida, being more particularly
described as follot-,s :
Co:.-i cncing at •tile Northeast corner of :said Section 8; 11.1)cnce Soutn 00° Ol'
37" East, ctlonl; tlic l�:cst line of said Scction 8, a ciistancc of 2037.97 feet;
'tlicncc North 830 59' 05" West a distance or 53.01 feet to the Point o: LcSin-
nina of ::his dc.-,cription; thence North 000 01' 37" West, parallel vizh and
3.00 feet 1•Iest of, as neasured at xight a ngl.cs to the East line of said
SccLion 8, a distance of 155.8.Oj feet to a point of curvature o'. a circular
curve to the left; thence Northerly and 1•lesterly along the arc of said curve,
^ving a radius of 25.00 feat-, an arc distance of 39.27 feet to the Poi.it of
nSency; -thence South 890 58' 23" 1-lesta distance of 35.00 feet t0 2 ro::tt
Curvature of a. circular curve to - the IcA t; thence Iles "crly and -Southerly
along the arc of said curve, 2iavino a radius of 285.00 feet, an arc c?istarce
of 110.13 fce-ttlience South 00 01' 37" East, a distance of 135.00 fees:; �:-:etce
•
South 160 02' �115" bleat, a distance of 686_27 feet; thence South 05° 311' 29"
East, a distance or 600. 2 feet; ::hence 14orth '12° 09' 58" t•lest, a distance of
1101.52 feat; thence: North 88L' 59' 05" 1-jest., a distance of 280.00 fee:.; thence
J%orth 09 '50' 20" Fast,, a distance of 1001.80 fc.et to the Point or Cu.rvaturc
of a circular curve to, the lest; thence Northerly, alo:.3 the arc c: said
curve, h=.ving a radius of 220.00 feet, an arc distance of 201.O1: cct; tncncc
r*orth 61° 117' 33" 7�:ast, a distance of Id.'8. fret; thence South 350 51' 117"
East, a cli: tance of.180.8:3*feet to an intersection N1ith the arc o: r ci.c_lar
curve to the Xi;) -it, having; a radius of 335-00 reel anti ,.hosc radius Point bca_ s
South 370 IV 54" East , from the last described point; thence Las terly alo:
tlic arc of said curve, an arc distance of 76_60 feet; to an intersection
With the: arc of a circular curve to the left; thence Iortherly anti West-
erly along the arc of said curve, having a radius of 300.00 feet, and
whose radios point bears South 890 57' 07" Wc:.t, fro the last described
point, an arc distance of 250.511 feet to tine Point of Tangency; the nce
North 1+70 53' 50" t•lest, a distance of 5U 03 feet; thence I.orth 00 Ol 37"
1.1est, a distance of 1110.00 feet; -thence 1.orth 880 59' 10" T•;c-t, Parallel
#said
ID and 53.00 feet South of as . mcasurL'd at rib" zip es to the P:orth line
Section 8, being furtlicr described as the South, Runt-°f-'.'c lire
ti:cTJab road, a distance of 100.00 Sect; tiic►,cc ;iou�il Oo Ol' 37" E=sty a
distance of 130.61 feet; thence Southiies:.erly along the are of a circular
curve to the right, whose radius point hears I•:orth 880 '59' 10" WO', fron
the last described Point and having a radius of 3280.00 feet, an arc dis-
tance of 999.70 feet; thence Vorth 57° 59' 05" 1)cst, a distance of 7.11'
feet; thence South 32° 00' 55" Z•lest, a distance of 1, feet; thence
South 570 59' 05" Last, a distance of 162.50 feet to the point of ctj_YvatuYe
of a circular curve to the right; thence Sotaherly along the arc of said
curve, having a.radius of 175.00 feet, an arc distance of 2 0. ' feet to the
Point of Tangency; thence South 170 311' 17" jlest, a distance o: 11i7.61 :ec�
to the point of curvature of a circular cxu-ve to the left; thcnce-Sou hcrly,
alone the are of said curve, having a radius of 375:00 feet, an arc _-Us. a nce
172.37 feet to the Point of Tangency; the;tce South 080 115' 52" >-=st> c'
of 115 1.39 feet to tale Point of curvature of a circular cu_-ve to t::c
:once Southwcsterly, along the arc of said curve, having a rad us-o'
icot, an arc distance of 1113.00 feet to the Poi^t of Tan�cncy ; .r.c.•__
South 730 09' 58" 1•Icst, a di: Dance of 117_65 feet to the point of curvatLLrc
3f a circular curve to the rich'; thence horthvcn L. along tic Ire -0: •said
:ur-ve, having a radius of jj.
00 feet an arc di:;Lance of 137.10 :cot to a
point of reverse curve; thence Northt-restcriy gong the arc or circ�.la_
curve to the 'left, having a radius of 125.OJ iect, an arc c'.ista;�cc`ofcc8o:'o
to the point of tangency; thence Vort!i 38o 11' 55"`' a u�..tan
�IIJ..y
O feet; thence North Ola 00� 55" >:ast, a distance of 1015.02 cc-, t::c•�tcc
:r •h 88° 59' 05" West, a. distance of 10�J 00_feet; thence i;ort:� 070 23' 29
A t to the poinn L o
Test, a distance of 139. 57 f curvy pure of a circular cu-"�'e
o the right; thence Northwestcrly, along the :tre of said ctrvc, hav=nil a
adius of 385.00 feet, an arc distance o� 2L .91. feet; thence South 790 11'
9" 1rIc-t a distance of 3?5.89 feet to the Point of curvature of a circ.l: r
:wive to tno left; t'nence Southtiestor.3y, alo:�1; the arc of said curve, hav:ag
radius of 11120.00 feet, an arc distance of 51' .1i1 fee:. to Lhc :'Dint o:
^ a poi"t
,an�,cncy; thence South 380 19' 01" t•1est, a di.-Aa �cc o. 17712 ice' i:o_.. ,
m the arc of a circular curve to the riOlt, ti,iiosc radius point bc:trs So.1:0:
'jo ;i0' 39" 4lc;st, from the last dc: cribc(l .point; thence Southcastcr_y, ..'.o-C
he arc of said curve, having a radius of i3o_00 fee;:, : n •^rc ciistancc o:
L ),h.�,.f 'c
Sheet 1 of 4----=---•--•--�
i
ji •1.}{ l i j thtniCe Nt till 650 52' SG" l t:; t, L: di;: t Lat Oi 73.1 .l�f_ iCC:.; hcr:ce
/hnrl.h ,fee ll' 39" I cal ; 1 d i1;Lance of 3.95.30 lceL to the point of curvature of
a _ci,rcular curve to tlhe riejlt; thcncc L'�tstcsly, alor.�; the arc o" :ai i cuu-v.:,
h aving, a radila:: oA.
. 90.00 feet, run arc distance of 129.7o feet to the Point of
Ta-13cllcy; thence soulLh 330 11' 55" 7.ast, a distance of 238.911 feet �G the
point of curvature o.: a circular curve to the rie;it; thence Southerly alone
the arc of :aid curve, having a radius of 75.00 feet, an arc distance of
51.33 feet to flue Point of Ta.ngc:rcy; thence South 010 00' 55" 41est, a
distance of 199.51 to the point of curvature of a circular curve to the
left; thcncc South casterly, along the arc o_ said curve, havinm a radius of
110.00 feet, an arc,. distance of'51.87 feet to'the Point of TanSency; thence
South 26° 00' 00" East, 1 distance of 31.57 feet to the point of clarvature
of a circular curve to the right; thence Southerly alonZ the arc of said
curve, having a radius of 200.00 feet, an arc distance of 91,.30 feet to t--e
Point; of T:ungcticy; thence South 010 00' 55" West, a distance of 55.07 feces
to the point of curvature of a circular, curve to the right; thence South-
wcstcrly,along the arc of said curve, having a radius of 75.00 feet, an arc
distance of 146.59 feet to the Point of Tangency; thence North 67° 00' GO'.
Wast, a distance- of 144.50 feet to the point of curvature tune of a , circular
curve to the left; thence 1,orthwesterly along the arc of said curve, having
a radius of 350.00 feet, an are distance of 13};,30 feet to the Point of
Tangency; thence ATorth 880 59' 05" 1.1cst, a distance of 61� feet to a
point on the arc of a circular curve to the left, those radius point bears
Sout'.1 690 1;1' 30" West, from the last described point; thence lorthwaste_ly,,,
z>_1ong the arc of said curve, h=vin- a radius of 770.00 feet, an arc distance
of 185.01 feet; the South 530 00' 40" licst, a distance of 140,37 feet to
a Point of curvature of a circular curve to the right; thence Westerly, alo:13
the arc of said curve, having a radius of 75.00 feet, an arc distance of 5-0.1;
feet to the Point of 1'anUency; thence Forth 57° 53' 23" west, a distance pf
22. 0 feet to the point of curvature of a circular curve to the left; thence
j•;esterly, along the are of said curve, having a radius of 250.00 feet an arc
distance of 167.23 feet to the Point of Ti_tl:ge:lcy; thenceSouth 83° 1;7' 04 "
tTest, a distance of-1121.11 feet;; thence Soutl: �Ei° lal` 1�1" ttest a dista:cc of
7L8.98 feet to the point of curvature of a circular cu_-ve to the right; thence
NOrth:,es Lcrly, along the arc of said curve )laving a radius of 11i0.00 feet, dr.
arc distance of 1 .77 feet to tile Poilli: of "angency; thence r:orth 370 22' 33"
west, a- distance of 93. 1 feet to the point of curvature of a circular c;L-vc
to the left; thence li'orthllesterly alon f, the arc of said curve, hrvin- a radius
Of 140.00 feet, an are distance of 1.82.101 feet to the Point of range ncy; zhc :ce
South 67° 57' 31" 1-jest, a di:;;.ance of 152.71I feet to the point of curavatvre of
a circular curve to the right; thcncc t•Tc: Lerly and fiortherly along the arc of
said cu_Y-vc, having a radius of 125,00 fccL, an arc• distance of 267.33 fact;
to the Point o£ Tangency; •thence NurLh 10 31' 03" I ast, a distance o: 170.I+o
feet to the point of curvature of a circular curve to ,lie left.; thcncc North-
erly along the arc of said curve, having a radius of 300.00 :cat, an arc
distance of 162.91 feet to the Point of ` ,-1nge;!cy; thence i:orth 20° 35' 1:2"
1•7est, a distance of 175.39 feet to the Point of cuu-valuure of a circular curve
to the -right; thence Northeasterly alor.g the :ire of said cur.,,c, having a
,00 feet an arc distance of 12" - I;' i act to t1c Poil1 t of T` .1- ;
radius of 75 ,
thence North 760 00' 35" East a distance of 21c3.1;2 fact to the point of
ture of a circular curve to the riCbt; thcncc y and Soutr.c_ll 1 on:g the
are of said curve, havin6 a radius of 150.00 feet, a- arc distance of 323.33_
feet to a. point of reverse curve; thence Southeasterly, .lon[; the arc off`
circular curve to trhe le:t, ha�fing a radius of 110.Ob :c�t, �n arc d`s;,zrlce
91.05 feet t° the Point of Tangency; thence South 27 53 51 EaSt ,
di st:uricc of 360.00 fccL to the iloillL of curvaLurc of a circular curve to
the 1.cfL; thcn:ce 5,o11Lhea:,LCr.1y along the arc of 1;:1.id curve, havini; a radius
of 1VO.00 lccL, ,Ill -,I•c clisLance of 1.)i9,};5 fcc%, thcncc ;:or -h 201) 513' 13"
1-Test, a di:;Lane.- of 173.30 fcct to ttic PO"'t of curvature of a circular cu_•ve
to the right; tlicnce T:orl:herl.y along the arc of :lid curve, having Z r��iu:.
of 290.00 fcct, an arc distance of 236.15 feel to a point of reverse cu-Vc;
thence Idorthwcsterly along tilt arc of a circular curve to the left,, having a
radius of 25.00 feet an arc distance of 3 c fact to a point of reverse:
curve; -thence Eiortllvrescerly along the are of a circular cur•-veLto the rir�lt,
having a radius. of 725.00 feet, an are dil;Lance Of
88° 59' loll Nest, 'a distance °f 5�9.68_ feet; thence South 000 00' 51"
Parallel with and 53.00 feet l:a.,t of, -is I:1casured at _ iE`bt and cs to t`:c t:cst line of said Section 8, a distance of 1359.73 feet; thence South KO 59' 05" East, a distance of 5171.68 feet to the Point of I3c,;inr.ing LESS and c:f:CEO
the following described parcel. Corunencing at the Ilorthca:;t cor ncr of Baia
Section 8; thence South 000 Ol' 37" Ea t_alo�lf: the East _line thcrco', a dis-
f
1
1
Sheet .2 of 4
r
-fcc 1, thence Nor Lh UUo 59' 05" I•Icst a. distance of S % - ,
S'cca',' t•hencc Jwx th 00° Ol' 37" Vest, parallel with and 53.00 fcctGf, as
an(;les to, the l:li3t 11nC cr Lftid EGCtiG:l 8, a da:;taf.cC of
fecto the Point• of Beginning of this description, said point bci:.(;
L•
:ter (jc_ cribed as being the point of etu-vature of a circular curve to the
le; ;•; t:Iencc Northerly and Tilesterly along the arc of said curve having a
dills of 25.00 Sect, an arc distance of9.27 feet to the point of ^�ngency;
_ihcncc South 49° 581.23" West, a distance of feet to a point, o. curra..ure
Of a circular ct12-ve to the right; thence 1•Ies Verly and ,Ior;;herly along the arc
pf -'aid curve, leaving a radius of 575.00 fee-", it are distance of 1' .2 :eel
to -Lhe point of Tangency; thence A'orth 720 09' 53" j'jeJt a distance of 1.18
i'oet; thence North 050 310 29"Zest a distance of I1, 48 feet; thence South
0 091 58" Last, a. distance of 22.83 feet to a point o: curvature of a
rcular cui-ve to the left; thence Soutllcrly and Easterly along the arc of
id cui-ti►e having it radius of 525.00 feet, an are distance of 163.66 feet to
Ie Point of Tangency; thence Forth 890 58' 23" Last, a distance of 9.J+7 feet
to a point of curvature of a circular curve to the left; thence Easterly and
wortherly alone- the arc of said curve, having a radius of 25.00 feet, an
arc distance of 39.27 feet- thence South 000 01' 37" East, par�:11c1 with and
53.00 feet West of as meaSured at right angles to the cast line of said
53-00 8 a distance of 100.00.Seet to the Point of Beginning, and also LESS
FC:EpT parcels "B"•and "C", and Road Right-of-1.1ay for jlestt�ood Boulevard .
„ of the Villame, as recorded in Plat Boole 80, Page 19 of the public Rec-
ords Broward County, Florida. _
Sheet 3 of 4
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co ti.
Sheet 4 of 4