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HomeMy WebLinkAboutR-2005-012 Sheridan 600 RESOLUTION NO. 2005-012 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE WATER AND SEWER SYSTEM IMPROVEMENTS, ABSOLUTE BILL OF SALE, SANITARY SEWER EASEMENT AND WATERLINE EASEMENT FROM SHERIDAN BEACH CLUB CONDOMINIUM ASSOCIATION NUMBER ONE, INC., A FLORIDA CORPORATION, SUBJECT TO A CERTAIN CONDITION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That, subject to the approval of as-built plans to be reviewed by the Public Services Department Director, the proper City Officials are authorized to accept the water and sewer improvements, an Absolute Bill of Sale, Sanitary Sewer Easement and Waterline Easement from Sheridan Beach Club Condominium Association Number One, Inc., a Florida corporation subject to certain conditions, which documents are attached as composite Exhibit A and made a part of this Resolution. The City Manager and City Attorney are authorized to make minor revisions to the attached documents as are deemed necessary and proper for the best interests of the City. The proper City Officials are authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 2. That the Absolute Bill of Sale, Sanitary Sewer Easement and Waterline Easement shall be recorded in the Public Records of Broward County, Florida. The cost of recording shall be paid for by the grantor and the actual recording shall be done by the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on January 11, 2005. l � CrMCELILIYA MAYOR-COMMISSIONER ATTEST: ROLL CALL: - COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES LOUISE STILSON VICE-MAYOR MIKES - YES CITY CLERK MAYOR MCELYEA - YES APPROVED AS TO FORM AND CORRECTNESS: BY: THOMA`S AN ,BRO CITY ATTORNEY • 2 RESOLUTION#2005-012 !NSTR#104796435 OR BK 39192 Pages 865-876 RECORDED 03/08/05 08:08.42 8ROWARD COUNTY CCMMISSION • Doc STMP-D: $0.70 DEPUTY CLERK 1032 44, 12 Pages ABSOLUTE BILL OF SALE Folio: 11202-10-00200 THIS ABSOLUTE BILL OF SALE is made this 27th day of May, 2004 by SHERIDAN BEACH CLUB CONDOMINIUM ASSOCIATION NUMBER ONE, INC., a Florida corporation not for profit, having an address of 649 East Sheridan Street, Dania Beach,Florida 33004, party of the first part, for and in consideration of the sum of Ten Dollars ($10.00), lawful money of the United States, to be paid by the CITY OF DANIA BEACH, a Florida municipal corporation, having an address of 100 West Dania Beach Boulevard, Dania Beach, Florida, party of the second part,,the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered and by these presents does grant, bargain, sell, transfer and deliver unto the said Party of the second part, it successors and assigns, the following goods and chattels: All of the Water and Sewer System Improvements, together with all appurtenances attached thereto, which lie within the Public Rights-of-Way or within easements provided for the same, all as described and shown on the sketch attached hereto as Exhibit "A." All of the above further described in "As-Built" Plans which are attached hereto as Exhibit "B." TO HAVE AND TO HOLD the same unto the said Party of the second part, its successors and assigns forever. The Party of the first part does covenant to and with the Party of the second part, its successors and assigns, that it represents the interests of the lawful owners of the said goods and chattels as the condominium association which operates Sheridan Beach Club Condominium Number One, a Condominium, pursuant to the declaration of condominium thereof, as recorded in Official Records Book 35466 at Page 1488, of the Public Records of Broward County, Florida; that they are free from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said Party of the second part's successors and assigns against the lawful claims and demands of all persons whomever. [Acknowledgments on following page] FTL:1220201:1 nIR IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal on the day and year first above written. Sheridan Beach Club Condominium Association Number One, Inc. Witnesses: By: .. Kevin M. Guthard, Presi ent Print Name: 775;0/cl/1-5' Print Name: }T� ->le-iY 24 4- ' STATE OF FLORIDA ) • ) SS: COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me on May 27, 2004 by Kevin M. Guthard, as President of Sheridan Beach Club Condominium Association Number One, Inc., a Florida corporation not for profit, on behalf of the corporation, who is personally known to me and who did not take an oath. Notary Public, State`of Florida L I 4E�Ct rjcii Typed, printed or stamped name of Notary Public My Commission Expires:` . 11,7-0 �.tEr Eleanor M Cleary WMy Commission DD058294 Wo,nd�' Expires September 11 2005 FTL:1220201:1 EXHIBIT "A" • FTLA 220201:1 ---` xu - �. Faua _ --- ---cam -- —_---__-_— __-____ �i ---------- 3Z 8a I • / �s� ji gg �24 3 7 Y @a ; i= •vwo ° Kr O za VR xm im Mad NO=%a a" II 1.... d ZNa�ia' a ! eP 4 f 3 wR` J I arm IleW Y YO iC W �9 — Y e Lu m e •.. � I a 0 $ ® 4 a a YY a cc I I I%04Aof 0 Al dd Tl- rrwm- $ 14 @4!I y ao ����, b 8 b ZE _ . . . ...gar JS Mff UN=NOI M33i Y �Y�lV NOIiYAti3S3tldJ i- o ------------------------- ----------------- ------------ lg 0 El z BA .Lw 3 J} 8 Q4 cc 4-4 U, T 0--- acc z 2 IL m < .ZT,zTj � z R LA gc 6F EU o d1d. 1 U) z z CD m LL o cc .001 06 L Is ow Q8 wu.Hsu No ILI TY z � ye WII-VINV NOIAA81�38- �2 LAND DESCRIPTION SANITARY SEWER EASEMENT SHERIDAN 600 CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA A portion of the Parcel B, VETS PLAT, according to the plat thereof as recorded in Plat Book 170, Page 183 of the Public Records of Broward County,Florida; COMMENCE at the Southeast corner of said plat; THENCE North 00°02'47" East, a distance of 454.26 feet; to the POINT OF BEGINNING; THENCE North 89°57'13" West, a distance of 23.68 feet; THENCE North 88°35'47" West, a distance of 142.96 feet; THENCE North 00°04'00" East, a distance of 12.00 feet; THENCE South 88°35'47" East, a distance of 143.09 feet; • THENCE South 89°57'13" East, a distance of 23.54 feet; THENCE South 00°02'47" West, a distance of 12.00 feet; to the POINT OF BEGINNING. Said lands lying in the City of Dania Beach, Broward County, Florida and containing 2,000 square feet (0.05 acres) more or less. NOTES: 1. Not Valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 2. Lands shown hereon were not abstracted,by the Surveyor, for Rights-of-Way, Easements, Ownership, or other matters that may appear in the Public Records of Broward County. 3. Bearings shown hereon are relative to the, "VETS PLAT", according to the Plat thereof 1-1 as recorded in Plat Book 170, Page 183, of the Public Records of Broward County with the East line having a bearing of N 90°00'00' W. 4. Information shown hereon does not represent a Boundary Survey. Prepared by: CALVIN,GIORDANO&ASSOCIATES,INC. Two Oakwood Blvd.,Suite 120 Hollywood,Florida October 13,1999 Corrected May 24,2004 P:\Projects\1999\992063 Sheridan 600\SURVEY\Legal Descriptions\992063-EASM-SEWER.doc SHEET 1 OF 3 SHEETS CALVIN, GI � ' ANO &6A/ ES, INC. r' DATE: S� r - GrgIm is P`ro esm ial S-urtieypf and.Mapper Flonda'Re�'ikration, umber 4479 Prepared by: CALVIN,GIORDANO&ASSOCIATES,INC. Two Oakwood Blvd.,Suite 120 Hollywood,Florida October 13,1999 Corrected May 24,2004 P:\Projects\1999\992063 Sheridan 600\SURVEY\Legal Descriptions\992063-EASM-SEWER.doc SHEET 2 OF 3 SHEETS P: PROJECTS 1999 992063 SHERIDAN 600 SURVEY\SKETCH 992063—V—EASM—S.DWG GCL EASM—S s �Y �Om m I Z ml C tn;u-vVV-VO Zrnm C�OOG,p 30.10.0, vgo�n innM Cenpenr O ,.,. O ^ I J >E mo O=0,0p O u p Sa �07 o' �� 3�o3°oF o2moo s igals 33 uD� yod 03. a�u o'o IYm r,ry ti, r u : >; r3 I rAe A -9 g 9+ to CID C: z 07 C, ao m D N n �rl > � JmD Z ® � ul D D I S8835'47"E 143.09' D C) C7 Z m co -' I m� � �> -f 0 N88'35'47'W 142.96' .�P D ci C13 -M 'ac v I Z 000 rn Ch0 O QG3 � p rn ® � N > PVi I g ,og� 0 z D2� — � I c r�i Ln0rn Z � z m Dom > fA _ (� > (, oam VCY)W ® J ..;.> rm eWN `n OJ M fn V ® I N > m ® O m I Cl) Z c' � m -q 11 IV 0 2 C) q�y 0qq y LT- N c) 00 ® 6 ��c W 1jO LET F� o m-D in e N �rNv A SA 9'• ' ;0 m 0C �9� �' c�i a o 0 • cpl� I A o rl BC m m m Im 'PJ I N C cn 166.74' '+U 50' R/W (P.S. 170, PG. 183, B.C.R.) II �� PLAT LIMITS m o � N90'00'00"W 166.76' FD o 50 R/W CID 0- =�uLn CY)W (O.R.B. 2065, PG 935 & W OO X a, O.R.B. 2078. PG. 116, B.C.R.) W' Z m oNw SHERIDAN STREET w . — . . — SOUTH LINE OF THE SW 1/4 SECTION 2-51-42-7 LAND DESCRIPTION WATER EASEMENT SHERIDAN 600 CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA A portion of the Parcel B, VETS PLAT, according to the plat thereof as recorded in Plat Book 170, Page 183 of the Public Records of Broward County, Florida, more particularly described as follows: COMMENCE at the Southeast corner of said VETS PLAT; THENCE North 00°02'47" East, a distance of 50.00 feet to the Southeast corner of said Parcel B; THENCE North 90°00'00"West on the South line of said Parcel B, a distance of 9.68 feet to the POINT OF BEGINNING; THENCE continue West on said line, a distance of 12.00 feet; THENCE North, a distance of 145.01 feet; THENCE North 89°5T13" West, a distance of 144.90 feet to the intersection with the West line of said VETS PLAT; THENCE North 00°04'00"East on said West line, a distance of 12.00 feet; THENCE North 00°06'31" East, a distance of 9.71 feet; THENCE North 89°59'56" West, a distance of 6.72 feet; THENCE North 00°06'31" East, a distance of 16.01 feet; THENCE South 89°56'00" East, a distance of 12.70 feet; THENCE North 00°02'47" East, a distance of 57.61 feet; THENCE East, a distance of 6.00 feet; THENCE South 00°02'47" West, a distance of 83.33 feet; THENCE South 89°57'13" East, a distance of 53.42 feet; Prepared by: CALVIN,GIORDANO&ASSOCIATES,INC. Two Oakwood Blvd.,Suite 120 Hollywood,Florida October 13,1999 Corrected May 24,2004 P:\Projects\1999\992063 Sheridan 600\SURVEY\Legal Descriptions\992063-EASM-Water.doc SHEET 1 OF 3 SHEETS • THENCE North 00°02'47" East, a distance of 5.00 feet; THENCE South 89°57'13" East, a distance of 12.00 feet; THENCE South 00°02'47" West, a distance of 5.00 feet; THENCE South 89°5713" East, a distance of 21.45 feet; THENCE South, a distance of 157.00 feet to the POINT OF BEGINNING; Said lands lying in the City of Dania Beach, Broward County, Florida and containing 4,445 square feet (0.102 acres) more or less. NOTES: 1. Not Valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 2. Lands shown hereon were not abstracted, by the Surveyor, for Rights-of-Way, Easements, Ownership, or other matters that may appear in the Public Records of Broward County. 3. Bearings shown hereon are relative to the, "VETS PLAT", according to the Plat thereof as recorded in Plat Book 170, Page 183, of the Public Records of Broward County with the East line having a bearing of N 90°00'00' W. 4. Information shown hereon does not represent a Boundary Survey. CALVIN,,,GI A'hi0`&AS E , INC. DATE: J �� Grego "�. Clememts Professional Surveyd 'and 1\Iapper Florida Regisltation dumber 4479 Prepared by: CALVIN,GIORDANO&ASSOCIATES,INC. Two Oakwood Blvd.,Suite 120 Hollywood,Florida October 13,1999 Corrected May 24,2004 P:\Projects\l999\992063 Sheridan 600\SURVEY\Legal Desc6ptions1992063-EASM-Water.doc SHEET 2 OF 3 SHEETS P:,PROJECTS 1999 992063 SHERIDAN 600 SURVE SKETCH 992063-V-EASM-S.DWG GCL EASM-W co;1)'ugmC)��p chi D to 4 r�O p J m O O' Om 0 -0 lul r � (n Z CA OD m _9 N 0)N p m Z Uf 4 V Fo m o Ri o m m z 52 �o ' rs cn d ro d LA o � = o Az W N N� - D0 c D Nm - � N� V (AG7 r m --I CA z Rj 0 w -� mco o .m GD m N � a O M M 05 oz S89'57'13'E 58.01' Ri S89'57'13'E 53.42' o h� co) NOWWO0"E 1200' N89'S7'13'al 144.90' I? o tj) o 0 rn ® M M o -n 0 ' >� ® r � �' D 0Dm � 0fl1 m m W j 0 co) � � p � z Uf � rm- � D> ® �PY1 IV O � O W Omr 0Wrn • '� ^ mCo. r�r1 RI a � � a zx � co) R%j m : z ® ® M _ ..mr ® mm {S Gr �r ul pp z D m O m ;130 ..J O m c N ZPZ �Z W C7 v 50' OPENING elf VEHICULAR EGRESS .� LIMITED TO RIGHT TURN ONLY 166J4' co) z z z O cn VI O 50' R/W QN O cD O O O O (P.B. 170, PG. 183, B.C.R.) v�j o Q � _ � f PLAT LIMITS g o C0 o m � �. N90'00'00"W 166.76' 0 -0^cny e 0 b3 6 W mn "o to 50' R/W Co �. 0 I (O.R.B. 2065, PG 935 & c,i O0� °'m A • O.R.B. 2078, PG. 116, B.C.R.) Cp' m m No� n L4 n �� v i SOUTH LINE OF THE SW 1/4 SECTION 2-51-42 SHERIDAN STREET EXHIBIT "B" • • FTL:1220201:1 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: HgSTR# 104796433 R BK 39192 Pages 851-857 EC0RDED 03/08/05 08:08:42 BRO',AJARD COUNTY COMMISSION DOC STMP-D: $0.70 Mark F. Grant, Esq. DEPUTY CLERK 1032 Ruden, McClosky, Smith #2,7 Pages Schuster &Russell, P.A. 200 East Broward Boulevard Suite 1500 Fort Lauderdale, FL 33301 (954) 764-6660 Folio: 11202-10-00200 WATERLINE EASEMENT THIS WATERLINE EASEMENT (the "Easement') dated this 27`h day of May, 2004, from SHERIDAN BEACH CLUB CONDOMINIUM ASSOCIATION NUMBER ONE, INC., a Florida corporation not for profit, having an address of 649 East Sheridan Street, Dania Beach, Florida 33004 (hereinafter "Grantor"), to the CITY OF DANIA BEACH, a Florida municipal corporation, having an address at 100 West Beach Boulevard, Dania Beach, Florida 33004 (hereinafter"Grantee"). RECITALS: Grantor is the condominium association which operates that certain condominium property located in Broward County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Servient Estate"), pursuant to the Declaration of Condominium of Sheridan Beach Club Condominium Number One, a Condominium, as recorded in Official Records Book 35466, at Page 1488, of the Public Records of Broward County, Florida; and Grantor has agreed to grant to Grantee this Easement, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the sum of TEN AND NO/100 DOLLARS (S 10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, a perpetual easement under, over and across a parcel of real property, the legal description of which is attached hereto as Exhibit `B" and incorporated by reference herein (hereinafter the "Easement Area" or "Easement'). Grantor has frill power and authority to convey the rights and easement conveyed herein, and will defend the title to same from and against the claims of all persons whomsoever, subject however, to easements, covenants and restrictions of record as of the date hereof, real estate taxes and assessments not yet due and payable and zoning, building and other applicable laws, codes and regulations. FTL:1220166:1 ni Grantee may use the Easement Area for the installation, use and maintenance of water lines. Grantee's right to utilize the Easement Area shall be exclusive to the extent that Grantor shall grant no easement or license, nor make any covenants, having the effect of permitting use of the Easement Area by anyone other than Grantee, except Grantor may grant an easement to other utilities that cross this Easement Area at right angles so long as such utility easements do not interfere with Grantee's use of the Easement Area. Grantor may, for its own purpose, utilize the surface area of the Easement Area except in such areas as are used by Grantee in the exercise of its rights under this Easement. The Grantor's use of the surface area of the Easement shall be further limited to the use of the surface area of the Easement for landscaped areas (no trees), parking, driveways, open space recreation areas and other uses and improvements in accordance with plans as are approved by Grantee or its utilities department; but shall not include the establishment of permanent buildings or other structures (such as walls, pools, tennis courts, handball courts, etc.). The Grantor shall maintain the surface area of the Easement. Grantor grants to Grantee a perpetual non-exclusive easement upon the Servient Estate described in attached Exhibit "A" whereby Grantee shall have the free right to enter upon and depart over and across the Servient Estate and the Easement Area to the extent necessary to fully exercise Grantee's rights within the Easement Area, for purposes including but not limited to, inspection, maintenance, repair, and replacement or reinstallation of utility facilities, but Grantee shall be responsible to restore the Easement Area to its original natural surface state only. ® The provisions of this Easement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with the land and binding upon the Servient Estate. The Easement shall not be released or amended without consent of the Grantee as evidenced by a document signed with the same formalities as this document. Grantee shall record this document in the Public Records of Broward County, Florida. This instrument contains the entire agreement between the parties relating to the rights granted and the obligation assumed pursuant to this instrument. Any oral representations or modifications concerning this instrument shall be of no force and effect, excepting a subsequent modification reduced to writing, signed by the party to be charged therewith. [Acknowledgment on following page] FTL:1220166:1 IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal on the day and year first above written. Sheridan Beach Club Condominium Association Number One, Inc. Witnesses: By: Kevin M. Guthard, President Print Name: Print Name: > -7�- STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me on May 27, 2004 by Kevin M. Guthard, as President of Sheridan Beach Club Condominium Association Number One, Inc., a Florida corporation not for profit, on behalf of the corporation, who is personally known to me and who did not take an oath. Notary Public, State of Florida fac,r,U, !A' a�.� Typed, printed or stamped name of Notary Public My Commission Expires: `� Zc-c%5 "'°'� Eleanor M Cleary r My Commission D0058294 or n Expires September 11 2005 FTL:1220166:1 EXHIBIT "A" All of Parcel B, VETS PLAT, according to the plat thereof, as recorded in Plat Book 170, Pages 181 through 183, of the Public Records of Broward County, Florida FTL:1220166:1 LAND DESCRIPTION WATER EASEMENT SHERIDAN 600 CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA A portion of the Parcel B, VETS PLAT, according to the plat thereof as recorded in Plat Book 170, Page 183 of the Public Records of Broward County, Florida, more particularly described as follows: COMMENCE at the Southeast corner of said VETS PLAT; THENCE North 00°02'47" East, a distance of 50.00 feet to the Southeast corner of said Parcel B; THENCE North 90000'00" West on the South line of said Parcel B, a distance of 9.68 feet to the POINT OF BEGF\NT_NG; THENCE continue West on said line, a distance of 12.00 feet; THENCE North, a distance of 145.01 feet; ® THENCE North 89°57'13" West, a distance of 144.90 feet to the intersection with the West line of said VETS PLAT; THENCE North 00°04'00"East on said West line, a distance of 12.00 feet; THENCE North 00°06'31" East, a distance of 9.71 feet; THENCE North 89°59'56" West, a distance of 6.72 feet; THENCE North 00°06'31" East, a distance of 16.01 feet; THENCE South 89°56'00" East, a distance of 12.70 feet; THENCE North 00°02'47" East, a distance of 57.61 feet; THENCE East, a distance of 6.00 feet; THENCE South 00°02'47" West, a distance of 83.33 feet; Exhibit "B"' THENCE South 89°5T13" East, a distance of 53.42 feet; Easement Area Legal Description Prepared by: CALWN,GIORDANO&ASSOCL4TES,INC. Two Oakwood Blvd.,Suite 120 Hollywood,Florida October 13,1999 Corrected May 24,2004 P:SProjccts\I999\992063 Sheridan 600\SURVEY\Legal Descriptions\992063-FASM-Water.doc SHEET 1 OF 3 SHEETS ® THENCE North 00°02'47" East, a distance of 5.00 feet; THENCE South 89°57'13" East, a distance of 12.00 feet; THENCE South 00°02'47" West, a distance of 5.00 feet; THENCE South 89°57'13" East, a distance of 21.45 feet; THENCE South, a distance of 157.00 feet to the POINT OF BEGINNING; Said lands lying in the City of Dania Beach, Broward County, Florida and containing 4,445 square feet (0.102 acres)more or less. NOTES: 1. Not Valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 2. Lands shown hereon were not abstracted, by the Surveyor, for Rights-of-Way, Easements, Ownership, or other matters that may appear in the Public Records of Broward County. 3. Bearings shown hereon are relative to the, "VETS PLAT", according to the Plat thereof as recorded in Plat Book 170, Page 183, of the Public Records of Broward County with the East line having a bearing of N 90°00'00' W. 4. Information shown hereon does not represent a Boundary Survey. CALVIN, GI0 AAtQ &AS E , INC. DATE: Signed Greg .J �8nts x Pro'�kkdnal eyor a� per r Florida K.etstrati�n:NarLlaer 4479 1 ® Prepared by: CALVIN,GIORDANO&ASSOCIATES,INC. Two Oakwood Blvd.,Suite 120 Hollywood,Florida October 13,1999 Corrected May 24,2004 P:\Projects\1999\992063 Sheridan 600\SURVEY\Legal Descriptions1992063-EASM-Water.doe SHEET 2 OF 3 SHEETS P: PROJECTS 1999 992063 SHERIDAN 600 SURVE SKETCH 992063-V-EASM-S.DWG GCL EASM-W copno � o oZ �m *M D..d f-we O o o I nm A ° g om y 37' 5L pZ pZp p� CD m pp —) O O f1r O O luc rgON cs Nm93 r*i m r*i3E vN C� C V� j-0 D(� c D N aDNrrir m m z mFit ®D x ru v = rnm : W00 o S89'57'13'E 58.01' S8937'13' . o 1 Z o N89'57'13-W 144.90' oN 2 co @V (p N00'04 00 E 1200 {; m c O rn M o o ^p rn a� 0 rn � D 00 Z � n t41 � > m $D j jc� > IV v ?2 � 0 LA g ao � m� ® w� w ® g $ Zr-� c API ^ m r*i • w -' ct) > _ 0o � > � ® m m rt ® Fuca & U � ch � (lj J C mm 4 `�0 m 0 � fTi D �m0 g rn �C) � � N n cam rn ,N J _ r00 D = u c Z n v 50' OPENING m . VEHICULAR EGRESS q LIMITED TO RIGHT oh TURN ONLY > 166.74' m (1) z o N m O . 0 cn 50' R/W $O O O N (P.B. 170, PG. 183, B.C.R.) O Oo O O N O v PLAT LIMITS S rn P N90'00'00"W 166.76' 0 03 L7 , �^ A o 50' R/W LJO• = �� I (O.R.B. 2065, PG 935 & W v0 O1 m A ® O.R.B. 2078, PG. 116, B.C.R.) m' m m No W C) �3 � p SOUTH LINE OF THE SW 1/4 SECTION 2-51-42 W SHERIDAN STREET THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: 1id5TR# 104796434 ONRE ORDED 03i08105 08 08 42 3ROWARD COUNTY COMMISSION Mark F. Grant, ES q. DOC STMP-D: $0.10 Ruden, McClosky, Smith DEPUTY CLERK 1032 Schuster&Russell, P.A. #3,7 Pages 200 East Broward Boulevard Suite 1500 Fort Lauderdale, FL 33301 (954) 764-6660 Folio: 11202-10-00200 SANITARY SEWER EASEMENT THIS SANITARY SEWER EASEMENT (the "Easement") dated this 271h day of May, 2004, from SHERIDAN BEACH CLUB CONDOMINIUM ASSOCIATION NUMBER ONE, INC., a Florida corporation not for profit, having an address of 649 East Sheridan Street, Dania Beach, Florida 33004 (hereinafter "Grantor"), to the CITY OF DANIA BEACH, a Florida municipal corporation, having an address at 100 West Beach Boulevard, Dania Beach, Florida 33004 (hereinafter"Grantee"). RECITALS: Grantor is the condominium association which operates that certain condominium property located in Broward County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(the "Servient Estate"), pursuant to the Declaration of Condominium of Sheridan Beach Club Condominium Number One, a Condominium, as recorded in Official Records Book 35466, at Page 1488, of the Public Records of Broward County, Florida; and Grantor has agreed to grant to Grantee this Easement, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, a perpetual easement under, over and across a parcel of real property, the legal description of which is attached hereto as Exhibit `B" and incorporated by reference herein (hereinafter the "Easement Area" or"Easement"). Grantor has full power and authority to convey the rights and easement conveyed herein, and will defend the title to same from and against the claims of all persons whomsoever, subject however, to easements, covenants and restrictions of record as of the date hereof, real estate taxes and assessments not yet due and payable and zoning, building and other applicable laws, codes and regulations. FTL:1220188:1 1 ! l Grantee may use the Easement Area for the installation, use and maintenance of sanitary sewer lines. • Grantee's right to utilize the Easement Area shall be exclusive to the extent that Grantor shall grant no easement or license, nor make any covenants, having the effect of permitting use of the Easement Area by anyone other than Grantee, except Grantor may grant an easement to other utilities that cross this Easement Area at right angles so long as such utility easements do not interfere with Grantee's use of the Easement Area. Grantor may, for its own purpose, utilize the surface area of the Easement Area except in such areas as are used by Grantee in the exercise of its rights under this Easement. The Grantor's use of the surface area of the Easement shall be further limited to the use of the surface area of the Easement for landscaped areas (no trees), parking, driveways, open space recreation areas and other uses and improvements in accordance with plans as are approved by Grantee or its utilities department; but shall not include the establishment of permanent buildings or other structures (such as walls, pools, tennis courts, handball courts, etc.). The Grantor shall maintain the surface area of the Easement. Grantor grants to Grantee a perpetual non-exclusive easement upon the Servient Estate described in attached Exhibit "A" whereby Grantee shall have the free right to enter upon and depart over and across the Servient Estate and the Easement Area to the extent necessary to fully exercise Grantee's rights within the Easement Area, for purposes including but not limited to, inspection, maintenance, repair, and replacement or reinstallation of utility facilities, but Grantee shall be responsible to restore the Easement Area to its original natural surface state only. The provisions of this Easement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with the land and binding upon the Servient Estate. The Easement shall not be released or amended without consent of the Grantee as evidenced by a document signed with the same formalities as this document. Grantee shall record this document in the Public Records of Broward County, Florida. This instrument contains the entire agreement between the parties relating to the rights granted and the obligation assumed pursuant to this instrument. Any oral representations or modifications concerning this instrument shall be of no force and effect, excepting a subsequent modification reduced to writing, signed by the party to be charged therewith. [Acknowledgment on following page] FTL:1220188:1 IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal on the day and year first above written. • Sheridan Beach Club Condominium Association Number One, Inc. Witnesses: By: Kevin M. Guthard, President Print Name: �sl !� ci•�/i`�'�'_ Print Name: STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me on May 27, 2004 by Kevin M. Guthard, as President of Sheridan Beach Club Condominium Association Number One, Inc., a Florida corporation not for profit, on behalf of the corporation, who is personally known to me and who did not take an oath. otary Public, State of Florida ejeQr1, 4- i-{. C,fed,-y Typed, printed or stamped name of Notary Public My Commission Expires: � 'I,-, Eleanor M Cleary My Commission DD056294 of n Expires September 11 2005 of� FTL:1220188:1 • EXHIBIT "A" All of Parcel B, VETS PLAT, according to the plat thereof, as recorded in Plat Book 170, Pages 181 through 183, of the Public Records of Broward County, Florida. • FTL:1220188:1 ® LAND DESCRIPTION SANITARY SEWER EASEMENT SHERIDAN 600 CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA A portion of the Parcel B, VETS PLAT, according to the plat thereof as recorded in Plat Book 170, Page 183 of the Public Records of Broward County, Florida; COMMENCE at the Southeast corner of said plat; THENCE North 00°02'47" East, a distance of 454.26 feet; to the POINT OF BEGINNING; THENCE North 89°57'13" West, a distance of 23.68 feet; THENCE North 88°35'47" West, a distance of 142.96 feet; THENCE North 00°04'00" East, a distance of 12.00 feet; THENCE South 88°35'47" East, a distance of 143.09 feet; ® THENCE South 89°57'13" East, a distance of 23.54 feet; THENCE South 00°02'47" West, a distance of 12.00 feet; to the POINT OF BEGINNING. Said lands lying in the City of Dania Beach, Broward County, Florida and containing 2,000 square feet (0.05 acres) more or less. NOTES: 1. Not Valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 2. Lands shown hereon were not abstracted,by the Surveyor, for Rights-of-Way, Easements, Ownership, or other matters that may appear in the Public Records of Broward County. 3. Bearings shown hereon are relative to the, "VETS PLAT", according to the Plat thereof as recorded in Plat Book 170, Page 183, of the Public Records of Broward County with the East line having a bearing of N 90°00'00' W. 4. Information shown hereon does not represent a Boundary Survey. Prepared by. E\11blt ".U'" CALVIN,GIORDANO&ASSOCIATES,INC. Two Oakwood Blvd.,Suite 120 Hollywood,Florida Easement Area Legal Description October 13,1999 Corrected May 24,2004 P:\Projects\I999\992063 Sheridan 60MSURVEY\Legal Descriptions1992063-EASM-SEWER.doc SHEET 1 OF 3 SHEETS CALVIN, GI AND-&,A ES, INC. Signed._ _ DATE: ,, a v Gregor}F,J•,�.lemen� Professional�urv�yor.1.a lat per Florida Regisrtr tion Nit4bgf,4479 rti Prepared by: CALVIN,GIORDANO&ASSOCIATES,INC. Two Oakwood Blvd.,Suite 120 Hollywood,Florida October 13,1999 Corrected May 24,2004 P:\Projects\1999\992063 Sheridan 600\SURVEY\Legal Descriptionsl992063-EASM-SEIVER.doc SHEET 2 OF 3 SHEETS PROJECTS ?999 992063 SHERIDAN 600\SURVEY SKETCH\992063-V-EASM-S.DWG GCL EASM-S C-'D-0 �0 GdQ0 1a m 1 I'+1 Z 'porn lnmd Compeul O�.=+w�" A I = * o �a,a "1n .1 o a5 O" C 30" oC.0 OC CD n O = 33 Y D �3 mnu A S o 00 n I;w D D m I o r AC A�9�y COEA C C > 8i CA _(n Cn l m �C (A CAIr D CD C,m vD rn o mrnCn - � m> > Z ® � Lnn D D l S88'35'47"E 143.09' �°, m m = D.� r Z m m A N88'35'47"W 142.96' 4, D ri W (n I NZ NZ -0 )N8 OJ z m'< o o.� > co c4 W $N �. f11 � > mI 4� g Q S� o � Z •-Z v z c s O m LA 0z O w m m com -p > 0cm I Cj v''> r W m c W ®' '� I p O7 "u M cn <> m ® o m i Pit z 0 "n G� o m Z W Z �O F� , ndi. c W (, 9ti V �—�m� • ?0 r, m BC m m m N 166.74' m U q J 50, R/W o (P.B. 170, PG. 183, B.C.R.) ;u II ?� PLAT LIMITS m o � N90'00'00"W 166.76' A ca -o v cn-0 T I `� jCOm� c�ia ® CD N 50' R/W OD-+n' o W (O.R.B. 2065. PG 935 & W JO� ° O.R.B. 2078. PG. 116, B.C.R.) W' m m 0* p y (7 T N n ;0Oo� SHERIDAN STREET SOUTH LINE OF THE SW 1/4 SECTION 2-51-42-�