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HomeMy WebLinkAboutCity of Tamarac Resolution R-79-021Introduced by:_ Temp. #1188 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO.R-79-21 A RESOLUTION ACCEPTING AN EASEMENT FROM TAMARAC HOSPITAL CORPORATION FOR UTILITY FACILITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City official is hereby autho- rized -to execute the grant of easement offered to the City of Tamarac by Tamarac Hospital Corporation, for utility facilities on lands described as Exhibit "A" within the easement document, which is attached hereto and made a part hereof by reference. SECTION 2: This Resolution shall become effective immediately upon its adoption. PASSED,- ADOPTED AND APPROVED this 25th day of January, 1979. ATTEST: CITY CLERK I HEREBY CERTIFY that I have ap- proved the form and correctness of this Resolution. CITY ATTORNEY MAYOR 5/21/79-original Resolution No. R-7921 missing subsequently repealed by Resolution No. R. 79-22-This unsigned copy will serve as repealed R-79-21 with attached Exhibit Y A'' 50.E q- GRANT OF EASEMENT THIS IS A GRANT OF EASEMENT, made this day of 1978, by and between, TAMARAC HOSPITAL CORPORATION, a Florida corporation, hereinafter called "GRANTOR", and TAMARAC UTILITIES, INC., a Florida corporation, having its principal place of business in the City of Tamarac, Broward County, Florida, and UNIVERSITY REALTY ASSOCIATES, a Florida General Partnership, the CITY OF TAMARAC, a political subdivision of the County of Broward, hereinafter collectively called "GRANTEES" or each called "GRANTEE". W I T N E S S E T H: WHEREAS, the Grantor owns the land lying and situated in the City of Tamarac, Broward County, Florida, and more particularly described in Exhibit "A", attached hereto and made a part hereof by referenced; and WHEREAS, the Grantor is desirous of granting -'to the Grantees, their successors, and assigns, an easement or right-of-way on, over, upon, under and across the land described in Exhibit for the purposes expressed below; and WHEREAS, Grantees are desirous of having Grantor grant such easement or right-of-way and is willing to accept same. NOW, THEREFORE, in consideration of the covenants herein contained'and other good and valuable consideration, the receipt and sufficiency of which is acknowledged; I GRANTOR grants unto Grantee, City of Tamarac, its successors and assigns, an easement on, over, upon, under and across the land described in Exhibit "A" for any utility facilities, to be installed from time to time, for the use and benefit of the public; with the right to reconstruct, improve, add to, change the size of or remove such facilities or any of them; and with the right of ingress and egress on, over and upon the land described in Exhibit "A" and immediately adjoining land of the Grantor for the purpose of exercising the easement herein granted; provided, however, that such exercise shall be in accordance with the then -prevailing standards, as A prescribed and delineated by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida. ' II GRANTOR grants unto Grantee., Tamarac Utilities, Inc., its successors and assigns, an easement on, over, upon under and across the land described in Exhibit "A" for water and sewer facilities, to be installed from time to time, for the use and benefit of the public; with the right to reconstruct, improve, add to, change the size of or remove such facilities or any of them; and with the right of ingress and egress on, over and upon the land described in Exhibit "A" and immediately adjoining land of the Grantor for the purpose of exercising the easement granted; provided, however, that such exercise shall be in accordance with the then - prevailing standards as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida; provided that in the event such exercise by the Grantee damages any then -existing land surface cover and/or grading such damages shall be repaired in accordance with the then -prevailing standards, as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida, provided, however, that in repairing such damage, the said land shall be restored to a condition of quality at least equal to that of the said land, immediately prior to the infliction of such damage; and further provided, however, that nothing herein contained shall in any way impose any duty or obligation upon Grantor, his successors and assigns, to construct, operate and/or maintain any of the above described facilities; and GRANTOR, however, for himself, his successors and assigns, reserves as to both grants of easements the right of ingress and egress over, on, and upon the said land and the right and privilege to use the land described in Exhibit "A" for all purposes, as now and hereafter permitted by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida, and not in conflict with the making of this Grant of Easement. -2- IN WITNESS WHEREOF, Grantor and Grantees have set their hands and seals on the day and year first above written. In the presence of: jA ( A6S��2� STATE OF TENNESSEE COUNTY OF DAVIDSON TAMARAC HOSPITAL CORPORATION, Grant a Florid poration BY TITLE: Donald W. Fish, Vice Preside,, ATTEST: UNIVERSITY REALTY ASSOCIATE, Grante a Florida General Partnership BY( a — s aeneril Partner TAMARACC UTILITIES, INC., Grantee TITLE: G� L ATTEST: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Donald W. Fish and _Ir as Vice President and Assistant Secreta�respectively, o t e TAMA C S PITAL CORPORATION, to me known to be the persons who executed the foregoing instrument, and they acknowledged before me that they executed the same on behalf of said Tamarac Hospital Corporation. WITNESS my hand and seal this 16th day of — No ber 1978 My commission expires: • May 1, 1979 —• Nota Pub is STATE OF FLORIDA SS COUNTY OF BROWARD: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the St to an County aforesaid to take acknowledgements, personally appeared P" e , as General Partner of UNIVERSITY REALTY ASSOCIATES, to me known to be the person who executed the fore- going instrument, and he acknowledged before me that he executed same on behalf of University Realty Associates. My commission expires: Notary Pu is f:�tacY put),*., State of Flonda at L. ;,�, r �a Fsmis�ion Ezpires July 27, 14 . 6cod•d �'/ Amcr;cui Fro & Casualty Company -3- STATE OF FLORIDA : SS COUNTY OF BROWARD: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State an County fo ,aid to take acknowledg- ments, personally appeared C_�An A,�� and a ee and respectively, of TAMARAC —UTILITIES ` TILIT ES;, INC., to me known to be the persons who executed the foregoing instrument, and they acknowledged before me that they executed the same on behalf of said Tamarac Utilities, Inc. My commission expires: No ry Public NOTARY PUBLIC STATE OF FLORIDA AT LARGE My CCMMV5SION £XPIktS ' :3 2, 1979 BONDED THRU GENERAL INSURANCE QNDERWRITERS -4- FOR � ,/v�i25iry .pE.o_Ty .4 ssoc SCALE "= 00' V 2 R=62ao'� A= 18.97' 4- 1.45'10" N� / 7, � 2 J POg ti u TAMARAC PARK W SHOPPING CENTER UNRECORDED PLAT N N �W O n `^ m tD h 0 SE. CORNER SEC. 4 -49-41 Po.C. L13- /Vo• 2'/ /983.So' //N/VE`RS/TY �RiVE E. G1/VE SEC. ¢-49•¢/ CRAVEN • THOMPSON & ASSOCIATES ENGINEERS • PLANNERS • SURVEYORS 5901 N.W. 31 AVENUE , FORT LAUDERDALE , FLORIDA 33309 . (305) 971- OFFICES. FORT LAUDERDALE , MIAMI , WEST PALM BEACH , PUNTA OUIIDA , ISLAMOIiADA NOTE T141S IS No A SKETCH O: SVRVEr,twt only a graphic depiction of the description shown hereon. There two been no field wort , viewing of the e.bieet property , of mon.mants sot In connection wkh the preperation of tM Information shown horeen. DESCRIPTION: 15 FOOT OFF —SITE UTILITY EASEMENT A portion of Tract 16,of FORT LAUDERDALE TRUCE FARMS SUBDIVISION of Section 4, Township 49 South, Range 41 East, 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 said Section 4; THENCE North 00*12116" West, along the East line of said Section 4; a distance of 1983.50 feet to a point on the South line of said Tract 16; THENCE - North 87e41'24" West, along said South line of said Tract 16, a distance of 432.27 feet to the Point of Beginning of this description; THENCE continue North 87'41'24" West, along the last described course, a distance of 15.01 feet; THENCE North 00*12116" West, a distance of 401.47 feet to a point on the arc of a circular curve to the left, whose radius point bears North 38e24'04" East from the last described point, said point also being on the Southwesterly boundary of that certain utility easement described in O.R. Book 7154, Page 984, of the Public Records of Broward County, Florida; THENCE Southeasterly along the arc of said curve and along said Southwesterly boundary, having a radius of 620.00 feet, an arc distance of 18.97 feet; THENCE South 00'12116" East, a distance of 390.52 feet to the Point of Beginning. Said lands situate, lying and being in Broward County, Florida. 1 )ATED: UPDATES and/or REVISIONS DATE BY CK'D NOTE The undersigned and CRAVEN •THOMPSON B ASSOCIATES, INC. make no reaesentolions or guarantees as to the information reflected hereon pertaining to easements, rights- of - way, set bock lines, reservoiions, agreements and other similar matters, and further, this instrument is not intended to reflect or set forth oil 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. 09 N0. 78. 0�8 DRAWN BY Jti/,q 'T CHECKED BY :& C, Q. 1 F.B. V/A PG. IFILE NO.