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Home My WebLink AboutCity of Tamarac Resolution R-90-0011 21 3 4 5 6 1 2 21 22 23 24 25 26 27 28 29 30 31 3 33 i 34 35 Temp. Reso. #5647 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-90- A RESOLUTION APPROVING AND ACCEPTING A TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY ARTHUR ROSENTHAL, TRUSTEE, FOR THE CLASSIC COMMERCIAL VILLAS PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Tamarac Utilities West. Water and Sewer Utility Easement offered by Arthur Rosenthal, Trustee, for the Classic Commercial Villas project is HEREBY APPROVED AND ACCEPTED, a copy of said easement being attached hereto as "Exhibit 1". SECTION 2: That the City Clerk is hereby authorized and directed to record said easement in the public records of Broward County, Florida. SECTION 3: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AN APPROVED this / O day of 1990. ATTEST: CAROL A. EVANSr CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to forma6-1-p RICHARD DOODY CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR .. ASRAMOMTZ--- DISTRICT 1: C/M ROME DISTRICT 2: C!M STELZER1, DISTRICT 3: C/M U2M AN __-1Z41-- DISTRICT 4: V/M BENDER K-96--1 TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT FOR: y3� �C_ eL'm m azc w_ N s7 NAME OF PROJECT A:V11- On this �c day of 19 -?L, Arthur Rosenthal, as Trustee having an address of 6820 Parisian Way, Lake Worth, Florida 33467 and Mainlands Five, Inc., a Florida not for profit corporation, having an address of 4890 Northwest 50th Street, Tamarac, Florida 33319, (hereinafter collectively known as "Grantor"), expressly grants an easement to the City of Tamarac, a municipal is corporation of the State of Florida, having an address at 7525 N.W. 88th Avenue, Tamarac, Florida 33321, (hereinafter "Grantee"), subject to the following provisions and in consideration of the sum of Ten Dollars (10.00) and other good and valuable considerations paid by Grantee to Grantor, receipt of which is hereby acknowledged by the parties. Trustee is the fee simple owner of that parcel of real property, which is known as "Parcel R", a legal description of which is attached hereto as Exhibit "A", and incorporated by references herein, (hereinafter "the servient estate"). The Association is occupying and using the servient estate pursuant to that certain Recreation Lease recorded in Official Records Book 3809, Page 534 of the Public Records (�, q o -t ►. 4 of Broward County, Florida. Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, a perpetual easement under, over and upon a portion of the servient estate, a legal description of which is attached hereto as Exhibit "B" and incorporated by references herein, (hereinafter "the easement area"). F-IL Grantee may use the easement area for the laying, installing, maintaining, operating and altering of water lines and appurtenant facilities, sewer lines and appurtenant facilities as well as for surface water storm . drainage, and for other comparable public utility purposes. 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 one other than Grantee, except grantor may furnish an easement to Florida Power and Light, Southern Bell or franchised cable TV that crosses this easement at right angles. Grantor may, for its own purposes, utilize the easement area and shall retain a right of free ingress and egress under, over and upon the easement area; provided that, in no 2 (Z,g0-1 1. event, shall any of the rights herein reserved to Grantor impede the easement herein granted or the exercise of the rights of use thereunder. Grantor grants to Grantee, a perpetual non-exclusive easement upon the servient estate whereby Grantee shall have reasonable access necessary to fully exercise Grantee's rights within the easement area. The provisions of the easement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with and binding upon the servient 0 estate. This 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 obligations assumed pursuant to this instrument. Any oral representations or modifications concerning this instrument, shall be of no force and effect, excepting a subsequent 3 modification reduced to writing, signed by the party to be charged therewith. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. L71 ', sealed and .delirn.. the? presence of: (G OR) ,r7 AR H R RO ENTHAL, 'JT,¢ustee X" Wi ness r - Witness ktr%k E'seV- I J -27 MA S FIV I . , 1-A0 -- -az Witness ►-►�� -< fta t. "� Walter -- a President (Seal if Co oration) Witness V�nkTt9 STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Arthur Rosenthal, as Trustee to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that executed the same. WITNESS my hand and official seal 'n the County and State last aforesaid this ' F" day of , 1988. Notary Public My Commission Expires: NOTARY PUBLIC STATE Ot FLORIDA MY COr"P 1MON EXP. OCT,20. 1992 BONDED THRt1 GENERAL INS. Imo. 4 (Z- 9 o -- I ,. STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Walter Coglan, President of Mainlands Five, Inc., to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that ..ZL executed the same. WITNESS my hand and official seal in the County and State last aforesaid this c--24/ day of , 1989. Notary Public -: My Commission Expires: NOTARY POLIO STATE OF FLOAIDA NY CCNR155ION EKP SEPI 17,19" MORTGAGEE APPROVAL BOTDCO TfIRU GENERAL INS. UND. This grant of easement is hereby approved by the owners and holders of a mortgage on the land described in this easement, said mortgage being recorded at Official Records Book 4265, Page 759, Public Records of Broward County, Florida, and said owners and holders hereby join in and consent to this grant of easement. IN WITNESS WHEREOF, mortgagees have herewith set their hands and seals on this I$ �`" day of May, 1989. y0itness 11,+/Tt li rt Witness F.,A, of itness itness 0 61 K E. BEH G PATRICIA R. BEHRING `Z-90--1 1. STATE OF CALIFORNIA COUNTY OF Cv,'{T25 Gvs'ft-!,- I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Kenneth E. Behring, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he, executed the same. WITNESS my hand and oUicial seal in the County and day of Ma-.t , 1989. OFFICIAL SEAL LEE WINTER �^ NOTARY PUBLIC CALIFORNIA CONTRA COSTA COUNTY .._ MY corlrnwor,n o., ues June 1. 1990 Notary Public My Commission Expires: STATE OF CALIFORNIA COUNTY OFe- I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Patricia R. Behring, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that 41i executed the same. WITNESS my hand and of icial seal in the County and State last aforesaid this day of , 1989• lc"000�� OFFICIALSEAL LEE W►NTER NOTARY POOL IC, CALIIORNIA CONTRA COSTA COUNTY Notary Public 61Y commisgon erpirm Jyne 1. 1990 My Commission Expires: .suf%e-1, i9`ra ATTEST: ACCEPTED BY CITY OF T C, GRANTS Byc�� By: J hn P. Kel , Norman Abramowitz, � +- CITY MANAGE MAYOR 6 L-.A ATTEST: By: Carol A. vans, CITY CLERK STATE OF FLORIDA COUNTY OF BROWARD Date: By; �ohn P. K/ell , CITY MANAGER Date : Ll Approved as to rm: By: 21 t&' Richard L. Doody CITY ATTORNEY 9 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County 4 esaid t take acnow�edgeipentg, ,personally appeared rt x.�,.� . t_a 7X-r-1 f to me known to be the person, described in and who executed the foregoing instrument and 6L7 acknowledged before me that �. executed the same. WITNESS my hand an., d.seal at F& t Lauderdale, Broward County, Florida, this i� �day of�� My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA MY CCNM.SSION EXP SEPT 17,1990 BONDED TNRU GENERAL INS. UNO. 0 ag0510.doc 7 Notary Public In LEGAL DESCRIPTION g , g ell ' I Parcel "R" of THE MAINLANDS OF TAMARAC LAKES SECTION 5-A, a Subdivision, according to the Plat thereof, recorded in Plat Book 67, at Page 4, of the Public Records of Broward County, Florida. /j exh.A EXH1ff, 1T" A► #' C] Is 2-io- I y rca�.an r�e.v.�rii (� EXHIBIT SHEET 1 OF 2 SHEETS �+ Eli •r' i or v . .r ) Who •4 92.31 ,ec IQS•4� K zm- oEv/ .►rev R l� 87• �3 Ae[=99.79 0 „O, N Coe'. of AAecFe— DA"S ASSOCIATES, INC. Consulting Civil aml Environmental Eugintt►s - Land Surveyors - Lrul Dtvtlopmtnt Consulianh ' Planners 1634 E. ATLANTIC BOULEVARD • POMPANO BEACH, FL.A. 33060 phone: (305) 782.9447 Ijo NO. LATE, 4-/// /S--. -A WAWN By, to P • VII./pa. �+ off - � �:+o c✓� u� j G<4cl:04 > DAMS ASSOCIATES, INC. Consulting Civil and Envirotttnental Engineers ' Land Surveyors - Land Development Consultants - Planners 665 S.E. loth STREET - SUITE 202 - DEERFIELD BEACH, FL 33441 phone: (305) 698-9101 EXHIBIT "A" DESCRIPTION-OF-15=•UTIbITY-EASESMENT: All that part of Parcel "R", of The Mainlands of Tamarac Section 5--A, as recorded in Plat Book 67, Page 4, of the Public Records of Broward County, Florida, described as follows: Beginning at the Northwest Corner of said Parcel "R"; thence S38017' 30"W, along the West line of said Parcel "R", said West line also being the Easterly Right -of -Way line of Sunshine State Parkway, 330.00 feet; thence S51042'30"E, 15.00 feet; thence N38017030"E, along a line 151 East of and parallel with the West line of said Parcel "R", 326.49 feet to a point lying on the Southerly Right -of -Way line of N.W. 50th Court; thence N38033114"W, along the Southerly Right -of -Way line of N.W. 50th Court, 15.40 feet to the Point of Beginning of this descrip- tion. Said lands situate, lying and being in Broward County, Florida. Containing 4,924 square feet. PAD/gdn • Pau A. P.L.S. State of Flaic�; Jfr�ir'tlWilt'1�`'• SHEET 2 of 2 SHEETS • Subdivisions & Condominiums • Land & Site Banning • Sanitary Sewer Systems • Water System a Drainage Design • Paving Design • Lot Surveys 9 Mortgage Surveys • Acreage Surveys 9 Topographic Surveys 0 Record Plats • Condominium Plats 0 Construction Layout