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HomeMy WebLinkAboutCity of Tamarac Resolution R-81-274Introduced by i/ ✓1? 0 Temp. #2114 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 ,u 21 22 23 24 25 26 27 28 29 30 4 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- A RESOLUTION APPROVING AND ACCEPTING A 12-FOOT SIDEWALK AND UTILITY EASEMENT OFFERED BY LAKES OF CARRIAGE HILLS, INC., ALONG SABAL PALM BOULEVARD NORTH AND SABAL PALM BOULEVARD EAST, PORTIONS OF PARCELS "A" AND "B"; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the 12-foot Sidewalk and Utility Easement offered by Lakes of Carriage Hills, Inc., along Sabal Palm Boulevard North and Sabal Palm Boulevard East, portions of.Parcels "A" and "B", a description of which is attached hereto as Exhibit "A", is HEREBY ACCEPTED. SECTION 2: That the City Clerk is hereby authorized to record said Easement in the public records of Broward County, Florida. SECTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of 1981, ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this Resolution. CITY ATTORNEY MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT MAYOR RECORD OF COUNCIL VOTE SO. SIDEWALK AND UTILITY EASEMENT THIS SIDEWALK AND UTILITY EASEMENT made this day of November, 1981, by LAKES OF CARRIAGE HILLS, INC., a Florida cor- poration ("Grantor"), and THE CITY OF TAMARAC, a municipal corpor- ation ("Grantee"). (Whenever used herein, the terms "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 nonexclusive easement to use the Servient Estate; and WHEREAS, the Servient Estate is encumbered by a mortgage in favor of Vanbots of Sabal Palms, Inc., and Vanbots B.V. Limited ("Mortgagee"), recorded in Official Records Book 9743, Page 384, of the Public Records of Broward County, Florida; and WHEREAS, Mortgagee is willing to consent to the easement herein granted; NOW, THEREFORE, in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable considerations paid by each of the parties hereto unto 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, their heirs, successors and assigns, a nonexclusive easement over, under and upon the Servient Estate for (a) use as a sidewalk and pedes- trian walkway and (b) for the installation and maintenance of public utilities; which easement shall be for the benefit of the public (collectively referred to as "Easement"). 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, the rights to build roads across the Servient Estate, run utility lines over or under 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 Easement is granted subject to zoning and/or res- trictions imposed by governmental authorities. 4. The provisions hereof shall be binding upon the parties hereto and their respective successors and assigns as a covenant running with and binding upon the Servient Estate. , IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal on the day and year first above written. Signed, sealed and delivered in the presence of: STATE OF FLORIDA ) )SS: COUNTY OF BROWARD ) LAKES OF CARRIAGE HILLS, INC. By: (/' _ (CORPORATE EAL) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and Co 2ty,aforesaid to take acknowledg- ments, personally appear , well known to me to be the Vresi eje A jof LAKES OF CARRIAGE HILLS, INC., and he acknowledged executing the foregoing Agreement in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation, and that the seal affixed thereto is the true corporate seal of said cor- poration. WITNESS my hand and official seal in last aforesaid this �� day of p My Commission Expires: Notary Public, Stak of Floridc •t to -go otary Nip dA'&")Espiret Sept. 2, 199i loaded thru troy Pala IaWraea Pof. County and State 1981. ic, State of Florida THIS SIDEWALK AND UTILITY EASEMENT is consented and agreed to by Mortgagee. Mortgagee: VANBOTS OF SABAL PALMS, INC. 1 By: `\ �,1 � ct. tal (CORPORATE SEAL) VANBOTS B.V. LIMITED By: (CORPORATE SEAL) STATE OF FLORIDA ) )SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesai to take acknowledg- ments, personally appeared J . , well known to me to be the of VANBOTS OF SABAL PALMS, INC., and he acknowledged executing he foregoing Agreement in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation, and that the seal affixed thereto is the true corporate seal of said cor- poration. WITNESS my hand and official sea in t Coun71,7 nd State last aforesaid this /a day of /Le 6� ►1981. My Commission Expires: �`� ,� ._s , . I ary Public, State of Flor (SEAL) ` r Le :4 1 0 STATE OF FLORIDA ) )SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesai to take acknowledg- ments, personally appearedJP �& 0 M , well known to me to be the (p �! Pred V)) EfJ-` of VANBOTS B.V. LIMITED, and he acknowledged executing the foregoing Agreement in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation, an_i that the seal affixed thereto is the true corporate seal of said corpor- ation. WITNESS my hand and official seal in the County d State last aforesaid this J� 4h day of ND y�i.1f7 ' 981. Y4 .tea ---.—__.---- My Commission Expires: No ry Public, -State of FLorida ( SEAL) notary Pu*, Stall of Fki&'*t tape My CoinmisSipp Expires Sept. 2, 1984 Goaded Thru irof rail ioWraan larr 1 ' oo.;0Nl'd;�7't CRAVEN •THOMPSON & ASSOCIATES INC. ARCHITECTS • ENGINEERS - PLANNERS SURVEYORS 5901 N W. 31 AVENUE . FORT LAUDERDALE . FLORIDA 33309 r (305) 971-7770 OFFICES: FORT LAUDERDALE, WEST PALM BEACH, PUNTA GORDA, NAPLES, ORLANDO,DELRAY, VENICE NOTE THIS IS hX A SKETCH Of SURVEY,Out only a graONC d"ietlon of the desCriptlon Shown hereon. Thera has been n0 field ror► , vlewlno of the suDOW P►oPerty , or FOR 1 LA ��`5 d����'P/'��� L�/�`f /'�� "'enwnams sN In Causetlon with the PnPerotlen of the Infere"ot+on shorn hereon. 150 1 y N� B41di�%� /LEY /POA 471 /VO,eTf/ I /e=ZSzv Alo.erw Li c/� f�,4RCEL fl a= 9r�o¢07" A :�-C- 9= 397¢� `' hl. �°26 /7 r✓�,e�+o..,f�, N.E. Co/P�v SCALE : A i R=zS.u� 4 = 4�'33'cr✓" 1�gL t4o 16;e� �A/PL�G R r N tv N y�� D\ C • DATED: UPDATES and/or REVISIONS DATE R= 48; oo ' 4 = 9`SZ'/7 A 7.8/ -44°38'GY� " =3429iP3" E ZBD. B8 7 3/d' a=3o N � Q BY TCK'D ATE The undersigned and CRAVEN -THOMPSON 8 ASSOCIATES, INC. make no JOB N0.9//5/9% I DRAWN BY: n /-> representations or guarantees as to the information reflected hereon pertaining to easements, rights- of -way, Setback lines, reservations, agreements and other similar matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title vertification . NOTE Lands shown hereon were not abstracted for right -of-wq and/or easements of record. CHECKED By. F.B. PG. FILE NO. DESCRIPTION= Q FOOT SIDEWALK AND UTILITY EASEMENT A PORTION OF PARCEL "A", "SAB.AL PALM VILLAGE OF TAMARAC', ACCORDING TO THE FLAT THEREOF, RECORDED IN PLAT BOOK 79, AT PAGE 42 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL "A THENCC SOUTH 01 "30' 25" EAST. ALONG THE: EAST LINE OF SAID PARCEL "A". A DISTANCE OF 772.55 FEET TO THE POINT OF BEGINNING, SAID POINT OF BEGINNING BEARING SOUTH 32"0i'13" EAST FROM THE RADIUS POINT OF THE NEXT DESCRI5ED CURVE. THENCE SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 296-00 FEET. A CENTRAL ANGLE OF 063410' AND AN ARC DISTANCE OF 164.20 FEET TO THE POINT OF TANGENCY: THENCE SOUTH fig' 32' 57" WEST, A DISTANCE OF 27 5, i E FEET `TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, SAID POINT BEARING NORTH 47°20'38 EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 57.00 FEET. A CENTRAL ANGLE OF 03029'03 . AND AN ARC DISTANCE. OF 3.47 FEET. TO A POINT OF REVERSE. CURVATURE OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 13.00 FEET, A CENTRAL ANGLE OF 4463000" . AND AN ARC DISTANCE OF 10.0 FEET TO THE POINT OF TANGENCY; THENCE NORTH 3i'30'24" WEST. ALONG A LINE PARALLEL WITH AND 12.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID PARCEL "A", A DISTANCE OF 795.15 FEET TO A POINT. SAID POiNT BEARING NORTH 42"02'54" WEST FROM THE RADIUS POINT OF THE NEXT DESCRI5ED CURVE; THENCE. NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET. A CENTRAL ANGLE: OF 42"36'37" AND AN ARC DISTANCE OF 14.83 FEET: THENCE NORTH 00°26'17' WEST. ALONG A LINE RADIAL TO THE NEXT DESCRIBED CURVE. A DISTANCE OF 5.00 FEFT TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BAILEY ROAD AND THE NORTHERLY BOUNDARY OF AFORESAID PARCEL "A THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET. A CENTRAL ANGLE OF 91"04'07* , AND AN ARC DISTANCE OF 39,74 FEET TO THEN POINT OF TANGENCY; THENCE SOUTH 01430'24" EAST, ALONG THE. SAID WEST LINE OF PARCEL "A", A DISTANCE OF 779.95 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 44"38'01" AND AN ARC DISTANCE OF 19.46 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 45.00 FEET. A CENTRAL ANGLE OF 9"56'17" AND AN ARC DISTANCE OF 7.81 FEET TO A POINT. SAID POINT BEARING NORTH 53"47'53" EAST FROM THE RADIUS POINT OF ,THE LAST DESCRIBED CURVE, THE LAST FOUR COURSES BEING COINCIDENT WITH THE SAID WEST LINE OF PARCEL "A THENCE NORTH S7 32'S7" EAST. A DISTANCE OF 280.SE: FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3iO.00 FEET. A CENTRAL ANGLE OF 30"16'16" AND AN ARC DISTANCE OF 163.76 FEET TO A POINT. SAID POINT BEARING SOUTH 30"43'18" EAST FROM THE RADIUS POINT OF THE LAST DESCRIBED CURVE; THENCE NORTH 0030'25' WEST. A DISTANCE OF 13.64 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAM.ARAC, BROWARD COUNTY, FLORIDA. CONTAINING 0.346 ACRE MORE OR LESS CRAVEN •THOM S P ON & ASSOCIATES INC. ARCHITECTS - ENGINEERS - PLANNERS • SURVEYORS 5901 N.W. 31 AVENUE . FORT LAUDERDALE . FLORIDA 33309 , (305) 971-7770 OFFICES: FORT LAUDERDALE, WEST PALM BEACH, PUNTA GORDA, NAPLES, ORLANDO,DELRAY, VENICE FOR An V N NOTE THIS IS No A SKETCH OF SURVEY,but only a graphic depiction of the description shown hereon. There has been no flood work , wlewinp of the subied property . or monuments set In cawectloo wish the preperetion of 1M information shown Mreen. 3 d�3i� 11-1,5Y AaAID nit � �vo,2TN L in/E N89'33'-�c3':E ZSo. Z9 SCALE: w V DATED: UPDATES and/or REVISIONS DATE ,ems✓ A"z CDC• //-// /oo, 72' /moo@ /4:2 _40 f '� 4 =J9IZ6 Z3'ti[T7 4 =13.78' o/p9' 44 iZ�9a� O N 0 v�A 0 D SBS'292 Gaw � � BY CK'D NOTE The undersigned and CRAVEN •THOMPSON S ASSOCIATES, INC. make nc representations or guarantees as to the information reflected hereon pertaining to ht of-wa set back lines reservations, agreements and other similar JOB NO.q/—All-7 I DRAWN BY �. Z - easements, rig s- Y, mOtters, and further, this Instrument is not intended to reflect or set forth all such . matters. Such information should be obtained and confirmed by others through appropriate title vertification . NOTE Lands shown hereon were not abstracted for right-of-way and/or easements of record. CHECKED BY: F.B. PG. FILE NO. DESCRIPTION: 12 FOOT SIDEWALK AND UTILITY EASEMENT A PORTION OF PARCEL -P". `SAGAL PALM VILLAGE OF TAMARAC', ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 79. AT PAGE 42 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL w-S"; THENCE NORTH 69"33'43.. EAST. ALONG THE NORTH LINE OF SAID PARCEL "5". A DISTANCE OF 250.29 FEET; THENCE SOUTH 83"35'd3' EAST. A DISTANCE OF 100.72 FEET; THENCE NORTH 69633'43v* EAST, ALONG ALINE PARALLEL WITH AND 12.00 FEET SOUTH OF. AS MEASURED AT RIGHT ANGLES TO THE SAID NORTH LINE OF PARCEL `B". A DISTANCE OF 100.48 rE.ET TO THE POINT OF BEGINNING AND TO THE. POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLYF THENCE EASTERLY AND SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET. A CENTRAL ANGLE OF 88'55'53' AND AN ARC DISTANCE OF 38.80 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01"30'24'- EAST, ALONG THE EAST LINE OF SAID PARCEL r5", A DISTANCE OF 376-65 FEET; THENCE SOUTH 88'29'36' WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH Oi"30'24" WEST. ALONG A LINE PARALLEL WITH AND 12.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF PARCEL "5". A DISTANCE OF 392.06 FEET TO A POINT, SAID POINT BEARING NORTH 39'02'06' EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE., CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 20.00 FEET. A CENTRAL ANGLE OF 39"28'23' . AND AN ARC DISTANCE OF 13.78 FEET; THENCE NORTH 00"26'17" WEST. ALONG A LINE RADIAL TO THE LAST DESCRIBED COURSE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AID BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING O.ilO ACRE MORE OR LESS - 'A