HomeMy WebLinkAboutCity of Tamarac Resolution R-81-273Introduced by
Temp. #2113
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-g/ R:?
A RESOLUTION APPROVING AND ACCEPTING A
UTILITY EASEMENT OFFERED BY LAKES OF
CARRIAGE HILLS, INC., ON PARCEL 1, PHASE II;
PARCEL 2A, 2B, 4A, 4B, 5A, 5B and 6; 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 Lakes of
Carriage Hills, Inc., on Parcel 1, Phase II; Parcels 2A, 2B, 4A, 4B,
5A, 5B and 6, a description of which is attached hereto as Exhibit "A",
is HEREBY ACCEPTED.
SECTION 2: At''such time as Lakes of Carriage Hills, Inc.
provides utility easements in specific locations acceptable to the
City, this Utility Easement accepted herein shall automatically
terminate, cease and be null and void.
SECTION 3: That the City Clerk is hereby authorized to record
said Utility Easement in the public records of Broward County, Florida.
SECTION 4: This Resolution shall become effective immediately
upon adoption.
PASSED, ADOPTED AND APPROVED this_;e-�day of'.'fo� 1981.
ATTEST:
6�1 /�?
ASSISTANT CTTYCLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Resolution. MAYOR:
J'174� I'- DISTRICT
��;...
CITY ATTORNEY DISTRICT
DISTRICT
DISTRICT
MAYOR, -
RECORD OF COUNCIL VOTE
UTILITY EASEMENT
THIS UTILITY EASEMENT made this day of November, 1981,
by LAKES OF CARRIAGE HILLS, INC., a Florida corporation ("Grantor"),
and THE CITY OF TAMARAC, a municipal corporation ("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 a portion of 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 (excluding the portion of the Servient
Estate that may be covered by buildings or appurtenances thereto)
for the installation and maintenance of public utilities for the
benefit of the improvements located and/or to be located upon the
Servient Estate ("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 over and across the Servient Estate, to run utility
lines over, under and across the Servient Estate, construct improve-
ments 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.
3. Grantee hereby agrees that at such time as Grantor
provides Grantee with a utility easement in specific locations
acceptable to Grantee, then, upon the formal acceptance of the
easements by the City Council of the Grantee, the Easement granted
herein shall automatically terminate, cease and be null and void.
4. The Easement is granted subject to zoning and/or restric-
tions imposed by governmental authorities.
5. 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 SEAL)
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the State and rcuaforesaid to take acknowledg-
ments, personally appeared ntQ L n , well
known to me to be the p n of 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 sea in the County and State
last aforesaid this /3 day of j�6 �er/ 4, 1981.
My Commission Expires:
c, State of Flor
( SEAL)
Notary Public. State 91 Flonda it ia+ge
My Wrais:aa gg-,res SW. 1, 1944
aondpd TW% Troy fma k"MnN ini.
1
THIS UTILITY EASEMENT is consented and agreed to by Mortgagee.
Mortgagee:
VANBOTS OF SABAL PALMS, INC.
By:
i�ii 2 ✓' (CORPORATE SEAL)
VANBOTS B.V. LIMITEDD
(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 aforesaid to take acknowledg-
ersonally appeared w a m
well
ments, p of VANBOTS OF SABAL
11
known to me to be the i
PALMS, 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 he County a State
last aforesaid this � day of Q f 981.
My Commission Expires: 1_1�+ r�� p ,h ci State of Florida.
MY Comfts$lon-E10res Sept. 2. 1984
jrcndrrd TAru Troy Tun IRU-nu Inc.
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 aforesaid to take acknoWledg-
ell
ments, personally appeared
known to to be the e E n of VANBOTS B.V.
foregoing Agreement in
LIMITED, and he acknowledged executing the
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 corpor-
ation.
WITNESS my hand and official seal in e County ,and State
81.
last aforesaid this day of r
My Commission Expires:
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N•W. 46th
AVENUE
EXHIBIT "A"
PAP.CEL 1, Phase II
A portion of Parcel "B" as shown on the Plat of SABAL PALM
VILLAGE OF TAMARAC recorded in Plat Book 79, Page 42 of the
Broward County Public Records, lying in Section 12, Township 49
South, Range 41 East, more particularly described as follows:
Commencing at the Permanent Reference Monument at the Northwest
i
corner of said Plat, then run South 0° 13' 45" East for 40.01
feet to the Northwest corner of Parcel "B" and the Point of
Beginning of this description; thence continue South 0 13' 45"
East for 413.00 feet; thencerun North 89 46 15" East for 150.00
feet; thence run North 0° 13' 45" West for 103.00 feet; thence
run North 890 46' 15" East for 150-00 feet; thence run South
0° 13' 45" East for 112.26 feet; thence run North 89° 46' 15" {
East for 175.00 feet; thence run North 00 13' 45" West for
388.83 feet to a point of curvature of a curve concave to the
Southwest; thence run Northwesterly along said curve having
a central angle of 88" 55' 40" and a radius of 25.00 feet for �
38.80 feet to a Point of Tangency; thence run North 890 09' 25" J
West for 450.54 feet to the Point of Beginning.
.+• . S .,'. t:..
L�'�Y .fir.}.� _.
EXHIBIT "A"
DARrrT 7
DESCRIPTION: Parcel 2A
A portion of Tract II, of FORT LAUDERDALE TRUCK FARMS SUBDIVISIONt
of Section 12, Township 49 South, Range 41 East, according to the
plat thereof, as recorded in Plat Book 4, Page 31 of the Public
Records of Broward County, Florid4, being more particularly
described as follows:
Commencing at the Southeast corner of SABAL PALM VILLAGE OF TAMARAC,
as recorded in Plat Book 79, Page 42 of the Public Records of
Broward County, Florida; thence North 00013145" West, along the
East line of said SABAL PALM VILLAGE OF TAMARAC, a distance of
1133.92 feet to the Point of Beginning of this description; thence
continue North 00°13'45" West, along the last described course, a
distance of 187.39 feet; thence South 89`09'25" East, along the
North line of said Tract II, a distance of 590.50 feet; thence
South 00050'47" West, a distance of 187.36 feet; thence North _J
899109'25" West, a distance of 586.98 feet to the Point of Beginning.
TOGETHER WITH:
DESCRIPTION: Parcel 2B
A portion of Tract II of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of
Section 12, Township 49 South, Range 41 East, according to the
Plat thereof, as recorded in Plat Book 4, Page 31 of the Public
Records of Broward County, Florida, being more particularly des-
cribed as follows:
Commencing at the Southeast corner of SABAL PALM VILLAGE OF TAMARAC,
as recorded in Plat Book 79, Page 42 of the Public Records of Broward
County, Florida; thence North 00°13'45" West, along the East line of
SABAL PALM VILLAGE OF TAMARAC, a distance of 760.57 feet, to the
Point of Beginning of this description; thence continue North 00013,45"
West, along the last described course, a distance of 373.35 feet;
thence South 89° 09'25" East, a distance of 586.98 feet; thence South
OOv 5O'47" West, a distance of 373.28 feet; thence North 89°09'25"
West, along the North boundary line of that certain parcel of land,
as recorded in Official Records Book 7015, Page 314 of the Public
Records of Broward County, Florida, a distance of 579.97 feet, to
the Point of Beginning.
nr
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EXHIBIT "A"
PARCEL 4
DESCRIPTION: Parcel 4A
49 South, Range 41 East of FORT
A portion of Section 12, Township as recorded in Plat=iBook 40
Page
LAUDERDALE TRUCK FARMS SUBDIVISION, Florida,
31, of the Publibeing more
c Records of Broward County.
particularly described as follows:
2thence N
0°
Commencing at the Southwest corner
of said Section f
the lineofsaidSection12adistance o
13' 45" W, along
parallel with and 5 feet South
1315 feet; thence S 89° 0a 2e E� 11
the South line of Tracts 10,
of, as measured at right angles to, a distance
and 12, a distance of 1976.37 feet; thencethence50Continue�N 0° 50' 47"
of 982.32 feet to the Point of Be„iointgon the centerline of a 30 foot
W, a distance of 342.44 feet to a p 6 and a and Tracts 10, 11
Road Right-of-lvay lying between Tracts 5,
and 12; thence S 89° 09' 25'� E,��aW, sisttnacecenterline,
342.44 feet; thence
637.30 feet; thence S 0° 50 05 �Y, a d
N 89° 09, 25" W, a distance of 637.37 feet to the Point . Beginning.
TOGETHER WITH:
DESCRIPTION: Parcel 4B
49 South, Range 41 E23t, of FORT
A portion of Section 12, Township page
s recorded in Plat Bo
LAUDERDALE TRUCK FARMS SUBof Br ONrdaCou County, Florida, beingmore
31, of the Public Records of Brown Y
particularly described as follows:
of said Section 12, thence N 0° 13'
Commencing at the Southwest corner
S
315 feet
45" W, along the West line of said hcandn5lfeet Southnof,oaslmeasured;
thence S 89° 09, 25" E, parallel with
at right angles to, the South linee7ofETraacdistancelofn654288afeetttocthe
of 1976.37 feet; thence N 0° 50'
thence continue N 00 50' 47" E,
Point of Beginning of this descriptions „ a distance of 637.37
a distance of 327.44 feet; thence S 89 09 25 44�feet; thence N 89' 09'
feet; thence S 00 50` 05" W, a distance of 327.
25" W, a distance of 637.43 feet to the Point of Beginning.*
EXHIBIT "A"
PARCEL 5
ESCRIPTION: Parcel 5A T-
A portion of Tracts 11 of FORT
T DRLTRUCK
Ullf
Section 12, Township 49 South, Range 41 East
thereof, 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 Southeast corner of SABAL PALM VILLAGE OF TA:IARAC,
as recorded in Plat Book 79, Page 42 of the Public Records of Broward
County, Florida; thence North 00°13'45" West, along the East line
thereof, a distance of 382.65 feet to the Point of Beginning; thence
continue North Oe 13'45" West, a distance of 377.92 feet; thence South
89009`25" East, a distance of 579.96 feet; thence South 00 500'47"wi West,
a distance of 377.85 feet; sthence
measuredNorth
at8� ght09'2anglesWest,
toparallel
the South
and 377.58 feet North of, a
line of Tract 11, a distance of 572.87 feet to the Point of Beginning.
J.
TOGETHER WITH:
ESCRIPTION: Parcel 5B
A portion of Tracts 11 and 14 of FORT LAUDERDALE TRUCK FARMS, SUBDIVISION
of Section 12, Township 49 South, Range 41 East, according to the plat
thereof, as recorded in Plat Book 4, Page 31 of the Public Records of
Broward County, Florida, being more particularly described as follows:
Beginning at the Southeast corner of SAfA PALM
VicLAGE OF TofARAC,
as recorded in Plat Book 79, Page 42, o
the Broward
County, Florida; thence North 00013145" West, along the East line thereof,
a distance of 382.65 feet; thence South 89°09'25" East, a distance of
572.87 feet; thence South 00°50'47" West, a distance of 382.58 feet;
thence North 89° 09an51eseto�therSouth line ofand
TraOcOt lletasouth-of, as
distance of
measured at right g
565.69 feet to the Point of Beginning.
EXHIBIT "A"
PARCEL 6
(also known as part of Parcel A);
Parcel "A" of SAB� 1L PALM VILLAGE OF TAMARAC, according to the Plat
thereof, as recorded i�nPlat
.idx7LESSPage
AND4EYCEPTtthepfollo�ving
Records of Broward Cou y, Flor
described parcel:
Commencing at the Northeast corner of said Parcel "A"; thence
S 006 13, 45" E, along the East line thereof,a distance of
874.88 feet to the Point of Beginning of this Description;
thence continue S 00' 13; 45" E, along the last described
cogrse, a distance of 410.13 feet; thence N 890 09' 25" w, along
the South line of said Parcel "A", a distance of 558.84
feet, thence N 000 50' 35" E, along the Easterly boundary of
Parcel R-1 of said SABAL PALM VILLAGE OF TAMARAC, a distance of
385.05 feet; thence S 890 09' 25" E,
a distance of 75.91 feet to
thence Easterly
a Point of Curvature of a circular curve tothe
left; then of Easterly
and Northerly along the are of said curve, a distance
45.0
feet, an arc distance of 33.07 feet, thence S 690 41' 59" E,
of 14.79 feet to a Point of Curvature of a circular curve tohathe nleft;
thence Southerly and Easterly, along the arc of said curve,
cp
radius of 99;49 feet, an arc distance of 33.79 feet to a Pointhence
of
Tangency; thence S 89° 09' 25" E, a distance of 373.45 feet;
N 000 13' 45" W, a distance of 24.00 feet; thence S 89° 09' 25" E, a
distance of 25.00 feet to the Point of Beginning.
1