HomeMy WebLinkAboutCity of Tamarac Resolution R-82-1721
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Introduced by C Temp. #2324
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-&2--/72--
A RESOLUTION APPROVING AND ACCEPTING AN EASE-
MENT FOR WATER AND SEWER UTILITIES OFFERED BY
TAMWAY CORPORATION and GRAYSTONE FAIRWAYS
CORPORATION, d/b/a TAMWAY/GRAYSTONE, SAID
EASEMENT BEING 12-FEET WIDE AND LYING IN AND
BEING A PORTION OF "THE WEDGES OF TAMARAC" AS
RECORDED IN PLAT BOOK 81, PAGE 23 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;
FOR THE FAIRWAYS III PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the Easement for water and sewer utilities
offered by Tamway Corporation and Graystone Fairways Corporation,
d/b/a Tamway/Graystone, said easement being 12-feet wide and lying in
and being a portion of "THE WEDGES OF TAMARAC" as recorded in Plat
Book 81, Page 23 of the Public Records of Broward County, Florida,
for the Fairways III project, is hereby approved and accepted. A
copy of said easement is attached hereto as Exhibit "A".
SECTION 2: The City Clerk is hereby authorized and directed to
record said Easement in the Public Records and Broward County, Florida
SECTION 3: This Resolution shall become effective upon adoption
PASSED, ADOPTED AND APPROVED this L j day of 1982.
,e �f! • � 7,/M7/
I HEREBY CERTIFY that I have
approved the foyp and correct-
ness of this R� olution.
C,
VICE MAYOR
RECORD OF COUNCIL VOTE
MAYOR:
DISTRICT 1:
DISTRICT 2:
DISTRICT 3:
DISTRICT 4:
1
1
C7
GRANT OF EASEMENT
THIS AGREEMENT, made and entered into this day of
JUNE , 1982,
By and Between: TAMWAY CORPORATION. a Florida corporation, and GRAYSTONE
FAIRWAYS CORPORATION, a Florida corporation, d/b/a
TAMWAY/GRAYSTONE, a Joint Venture, of the County of Broward
and State of Florida,
GRANTOR,
And: THE CITY OF TAMARAC, a Florida municipality, of the
County of Broward and State of Florida,
whose post office address is: 5811 N.W. 88th Avenue
Tamarac, Florida
GRANTEE
WHEREAS, Grantor is the owner of the Property as described in
EXHIBIT "ONE" -and EXHIBIT "TWO" (with sketches) attached hereto and made a
part hereof; and
WHEREAS, Grantee, pursuant to an agreement with Grantor; iltends to
provide the property of Grantor with sewer service and water service; and
WHEREAS, Grantor has agreed to give to Grantee the easements and
privileges herein set forth to construct the necessary collection and
distribution lines, mains and other needed facilities;
NOW, THEREFORE,
WITNESSETH:
That for and in consideration of the premises and in further
consideration of the sum of Ten Dollars in hand paid to Grantor by Grantee,
at and upon the execution of these presents, receipt whereof is hereby
acknowledged by Grantor, it is agreed as follows:
1. Grantor hereby grants and gives to Grantee, its successors
and assigns, the exclusive right and privilege to construct, maintain and
operate in, under, upon, over and across the property described in Paragraph
3. of this Agreement, for water and sewer service or services, the
construction, operation and maintenance of water supply and sewer supply
facilities, (including transmission mains, distribution mains, supply pipes,
collection pipes or facilities, valves, connections, and all other physical
BAUMAN and WURTENBERGER • Attomeys at Law 9 1244 NORTH UMVERSITY DRIVE • PLANTATION. FLORIDA 33322 • aROWARO (3051473.1177 • DADE 005) 947•7351
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facilities and property installations that are required for the
construction$ extension, operation and maintenance of a water supply
and sewer supply facility and system), and for the purpose of supplying
water service and sewer service and all service or services incidental or
necessary with respect thereto, including necessary rights of ingress and
egress through the property of the Grantor, and the buildings or residences
located thereon, and the occupants thereof, and also to property, properties,
persons, firms or corporations within or beyond the limits of the property
of the Grantor for such period of time.as Grantee, or its successors or
assigns, require such rights, privileges or easements in the operation and
maintenance of said water and sewer systems or system.
2. Nothing in this agreement and the easement herein granted
shall be construed to prevent Grantor or its successors in interest from
granting exclusive or non-exclusive rights, privileges and easements to
other persons, firms and corporations, for furnishing utility services other
than water service and/or sewer service.
3. The lands covered by this Easement Agreement and referred to
in Paragraph 1 hereof, are located in Broward County, Florida, and are
described in said EXHIBIT "ONE" and EXHIBIT "TWO" with sketches,
attached hereto and made a part hereof.
4. It is further understood that Grantor, its successors and
assigns, and tenants in no way will be bound to improve, maintain or construct
a roadway or to keep it in repair; nor does Grantor, its successors and
assigns assume any liability or responsibility to Grantee, its assigns, others
likely situated, their heirs and assigns, or any person using the land by
invitation, expressed or implied, or by reason of any business conducted
with Grantee, its assigns, or otherwise.
5. It is understood and agreed that Grantee shall only place
utilities therein and thereon which are normally and regularly provided by
Grantee.
6. It is understood and agreed that should the easements and
privileges granted in Paragraph 1 herein ever be discontinued or abandoned,
the title to the same shall thereupon revert to the said Grantor herein, its
successors, or assigns, or grantees, free and clear of said easements for
water and sewer service or services.
IN WITNESS WHEREOF, the said parties hereto have executed this
- 2 -
BAUMAN and WURTENSERGER • Attomeys at Law • o" NORTH umvER&TY DRWE 0 PLANTATION, FLORIDA 33322 9 aROWARD (M) 4MI 177 0 woe (305) $47-7351
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Agreement, the.day and year first above written.
Signed, sealed and delivered,
In the Presence of:
Signed, sealed and delivered,
STATE OF FLORIDA )
ss:
COUNTY OF BROWARD )
TAMWAY CORPORATION, a Florida corporation,
and GRAYSTONE FAIRWAYS CORPORATION, a
Florida corporation, d/b/a
TAMWAY/GRAYSTONE, a Joint Venture
By
I
H RVEY KALIFF,
Managing Partner of T Y/GRAYSTONE,
a Joint Venture
THE CITY OF TAMARAC, a Florida
municipality
I HEREBY CERTIFY, that on this day, before we, an officer duly
authorized'in the State and County aforesaid, to take acknowledgments
before me personally appeared HARVEY KALIFF, President of TAMWAY CORPORATION,
a Florida corporation, and GRAYSTONE FOAIRWAYS CORPORATION, a Florida Corporation,
d/b/a TAMWAY/GRAYSTONE, a Joint Venture, as Managing Partner of said TAMWAY/GRAY-
STONE, a Joint Venture, to me known to be the person who signed the foregoing
instrument, and acknowledged the execution thereof to be his free act and deed
in said capacity, for the uses and purposes therein mentioned, and affixed the
official seal, if required, and that the said instrument is the act and deed
of said entities.
WITNESS, my hand and official seal, in the County and State
aforesaid, this /0 day of JUNE, 1982.
STATE OF FLORIDA )
ss:
COUNTY OF BROWARD )
w®romMezz.jr,011 '
"01AIr/ MX STATE of RORMOA AT tARG
KY 00"-t4SM IVUZ MAIL 25 083
SONOW TM GEABAE On. LVC WIITMS
I HEREBY CERTIFY, that on this day, before me, an officer duly
-3-
BAUMAN and WURTENSERGER • AttoMyS at Law • 1244 NORTN UW VERSITY DRIVE • PLANTATION, FLORIDA 33322 • DROWARD (305) 473-1177 * DADE 1305► 947-7351
1
authorized in the State and County aforesaid, to .take acknowledgments,
personally appeared and
.. well known to me to be ��—
and respectively, of THE CITY
OF TAMA AC, a Florida municipa ity, named in the foregoing instrument, and
that acknowledged executing the same in the presence of two subscribing
witnesses f eely and voluntarily under authority duly vested in _t7 by said
entity, and that the seal affixed thereto is the true sea] o said
entity. :
WITNESS
aforesaid, this
my hand ano official
day of
seal i the County
and State last
1982.
NOTARY PUBLIC STATE OF FLORIDA AI LACE
AIX CCVVAI:,4.10N EXPI7iS APR 211984
BAUMAN and WURTENBERGER . Attomeys at Law a 1244 NORTH UNIVERSITY ORIVE • PLANTATION. FLORIDA 33322 0 eROWARD (3D5) 473.1177 . DADE (305) 947-MI
Waterline
P.N. #0258200
A
LAND DESCRIPTION
An easement for waterline utility purposes, lying in and being a Portion
of "THE WEDGES OF TAMARAC", according to the Plat thereof, as recorded
in Plat Book 81, Page 23, of the Public Records of Broward County,
Florida. Said easement being 12.00 feet wide, and lying 6.00 feet on
each side of the following described centerline: .
COMMENCE at the Southeast corner nf said Plat; Thence along.the Easterly
boundaryof said Plat, North 24037134" W,:st, 148.22 feet to the POINT
OF BEGINNING of said centerline; Thence South 65022126" West, 33.74 feet;
Thence North 83042150" West, 133.61 feet; Thence North 25009157" West,
142.35 feet; Thence North 66010132" West, 16.00 feet; Thence North
86059133" West, 70.68 feet; Thence South 66032107" West, 219.75 feet;
Thence North 87058136" West, 93.63 feet; Thence North 36020112" West,
46.04 feet to a point on the Northerly boundary of said Plat and the
POINT OF TERMINATION of said centerline (said point lying on the arc of
a non -tangent curve, concave to the Southeast, with a radial line thru
said point bearing North 36011153" West, and the sidelines terminating
on said Northerly boundary).
Said lands lying in Section 9, Township 49 South, Range 41 East, City of
Tamarac, Broward County, Florida, and containing 0.21 Acres (9,070
square feet), more or less. ,
We hereby
sketch are
We further
Statutes,
certify that the aforementioned description and attached
true and correct to the best of our knowledge. and belief.
certify this document with regards to Chapter 472 Florida
and Rule 21 HH-6 (F. A. C. ) this 21st day of JanuaV "'. '1912 1�
u
BISCAYNE ENGINEERING'' 64?``Aft,-,r'Y._.� Z'Iee
UE_0_RG,rC. BOLTON -._e
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION -NUMBER 1643
Prepared by:
BISCAYNE ENGINEERING COMPANY, INC.
6561 Sunset Strip
Sunrise, Florida 33313
January 21, 1982
Attachment - Exhibit "A" (Sketch)
EXHIBIT "ONE" so
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A, -
X�CID
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WACpGES of TA,y qR.4C'
CERTIFICATE
WE HEREBY CERTIFY THAT THE AFOREMENTIONED DESCRIPTION AND ATTACHED -SKETCH
ARE TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. WE FURTHER .
CERTIFY THIS DOCUMENT WITH REGARDS TO CHAPTER 472 FLORIDA STATiJTES# AND
RULE 21 HH-6 (F.A.C.) THIS 21st DAY OF JANUARY, 1982. �:•', `
BISCAYNE ENGINEERING C6-MPlsNY; ' I*C.�" : !�
GEORr.E C. BOLTO
PROFESSIONAL LAND SURVEYOlt' �
FLORIDA REGISTRATION `DUMBER 1643 .
ATTACHMENT:
EXHISIT'A TO LAND DESCRIPTION
IBISCAYNE ENGINEERING COMPANY, INC. 4
4' �ESCR/PT/ON%'rETLN
FOUNDED 1898
CONSULTING ENGINEERS, PLANNERS, SURVEYORS
MIANI JFT. LAUERDALE. FLORIDA
305761-6187 (305) 748-1800
Fairway III
Sewer Line Easement
P.N. #0258200
LAND DESCRIPTION
An easement for sewer line utility purposes, lying in and being a Portion
of "THE WEDGES OF TAMARAC", according to the Plat thereof, as recorded
in Plat Book 81, Page 23, of the Public Records of Broward County,
Florida. Said easement being 12.00 feet wide, and lying 6.60 feet on
each side of the following described centerline:
COMMENCE at the Southeast corner of said Plat; Thence along the Easterly
boundary of said Plat, North 24037'34~ West, 292.90 feet to the POINT
OF BEGINNING of said centerline; Thence South 55022126" West, 8.49 feet;
Thence South 88035'54" West, 241.10 feet to the POINT OF TERMINATION
of said centerline (the sidelines to terminate at right angles to the
last described point).
Said lands lying in Section 9, Township 49 South, Range 41 East, City
of Tamarac, Broward County, Florida, and containing 0.07 Acres (2,995
square feet), more or less.
We hereby certify that the aforementioned description and attached sketch
are true and correct to the best of our knowledge and belief. We further
certify this document with regards to Chapter 472 Florida Statutes, and
Rule 21 HH-6 (F.A.C.) this 21st day of January, 1982.
BISCAYNE INEERING CONSPA�T'Y; INC,.,..
GEORGE . BOLTON
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION NUMBER 1643 '
Prepared by:
BISCAYNE ENGINEERING COMPANY, INC.
6561 Sunset Strip
Sunrise, Florida 33313
January 21, 1982
Attachment - Exhibit "A" (Sketch)
I
EXHIBIT "TWO"
\ ry
Poll.
12�J EQ_y�
�6NA
P
P.O. C. S. E. COR. OA-I%rllE:
)VEOG'£.S OF TAM•4R.4C"
CERTIFICATE
WE HEREBY CERTIFY THAT THE AFOREMENTIONED DESCRIPTION A`ND ATTACHED SKETCH ARi
TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. WE FURTHER CERTIFS
THIS DOCUMENT WITH REGARDS TO CHAPTER 472 FLORIDA STATUTES, AND RULE 21 HH-6
(F.A.C.) THIS 21st DAY OF JANUARY, 1982.
BISCAYNE ENGINEERING COMPANY,
GEOPAB C. BOLTON--\-
PROFESSIONAL LAND SURVEYOR.-. ;
FLORIDA REGISTRATION NUMBER 1643
ATTACHMENT
16
EXHIBIT A TO LAND DESCRIPTION
IISCAYNE ENGINEERING COMPANY, INC. LINO OESCR/PT/oN 341467rw -?o-B2
FOUNDED 11198
CONSULTING ENGINEERS, PLANNERS, SURVEYORS
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