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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-1721 2 3 4 5 8 9 10 11 12 13 14 15 21 22 23 24 25 26 27 28 29 30 12. 33 34 35 36 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 ,k 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 Ll 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 � G PAP ID11 ,Co.00. XA A, - X�CID �4Q0 Q�IJQ- �Q 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 ....... 1 r . ...rnn.. !% ..e....