Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-79-022Introdued by: dl';w >ud4-a_� Temp. 1192 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 0 17 18 . 19 20 21 22 23 24 25 26 27 28 29 (1 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION REPEALING RESOLUTION NO. R-79-21 AND ACCEPTING A REVISED EASEMENT FROM TAMARAC HOSPITAL CORPORATION FOR UTILITY FACILITIES. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Resolution No.R-79-21 and its Exhibit "A" are hereby repealed and declared null and void. SECTION 2: That the appropriate City official is hereby authorized to execute the revised grant of easement offered to the City of Tamarac by Tamarac Hospital Corporati for utility facilities an lands described as Exhibit "A" within the easement document, which is attached hereto and made a part hereof by reference. SECTION 3: This Resolution shall become effective immediately PASSED AND APPROVED this day of February, 1979. ATTEST: ASS't ITY CLERK I HEREBY CERTIFY that I have ap- proved the form and correctness of this Resolution. RECORD OF COUNTIL VOTE &4 A ffAa 140 MAYOR W. FALCK CITY AT OR I E V/M H. MASSA ""-% C]M H. WIcNE] C/M I.M. DISRA C/W M. KEILH for, "Fe GRANT OF EASEPM THIS IS A GRANT OF EASEMENT, made this day of Fe-bi2-t,L4/Z 1979, by and between, TAMARAC HOSPITAL CORPORATION, a Florida. corporation, hereinafter called "GRANTOR" and TAMARAC UTILITIES, INC., a Florida corpor- ation ., 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, herein- after 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 reference; 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 "A", 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: 1. GRANTOR grants unto GRANTEE, City of Tamarac, its successors and assigns, an easement on, over, upon, Linder 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 prescribed and delineated by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida. y , 2. GRANTOR grants into 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 in- stalled 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 ad- joining the 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 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 within seven days by the party doing the damage, in ac- cordance 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 of at least equal to that of the said land, immediately prior to the infliction of such damage; and further provided, however, that nothing contained herein 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. 3. GRANTOR grants unto GRANTEE, University Realty Associates, 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 instal- led 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 the 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 prescribed and delineated by any and all applicable ordinances -2- i • 1 of the City of Tamarac, County of Broward and the State of Florida; provided that in the event such exercise by the GRANITE damages any then -existing land surface cover and/or grading such damages shall be repaired within seven days by the party doing the damage, in accordance with the then - prevailing standards 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 or quality of at least equal to that of the said land, immediately prior to the infliction of such damage; and further provided, however, that nothing contained herein 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 GRANIOR,however, for himself, his successors and assigns, reserves as to the three grants of easements the right of ingress and egress over, on and upon the said land and the right or privilege to use the land de- scribed 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 1 IN WITNESS WHEREOF, Grantor and Grantees have set their hands and seals on the day and year first above written. Signed in the presence of: c r -02- I TAMARAC HOSPITAL CORPORATION, Grantor a Florida corporation BY: TITLE: Vice President ATTEST: -sw_ C. ft w_-r A. PLY TAMARAC UTILITIES, INC., Grantee a Florida corporation BY.: 9'I TITLE: /c ATTEST UNIVERSITY REALTY ASSOCIATES, Grantee a Florida General Partnership TITLE: General Partner CITY OF TAMARAC, Terantee ' yy BY: � �" , I- ) TITLE: i\4 q ATTEST: -4- STATE OF TENNESSEE ) )ss COU1'I'Y OF DAVIDSON) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforementioned to take acknowledgements, personally appeared DQnald W. Fish and Charleswn as Vige President andSecretaryrespectively, of TAMARAC HOSPITAL CORPORATION, to me known to be the persons who executed the foregoing instrument and they acknowledged before me that they executed same on behalf of said Tamarac Hospital Corporation. WITNESS my hand and official seal this 2 9 th day of January 1979. I TE My commission expires: October 17, 1982 STATE OF FLORIDA ) COUNTY OF BROWARD)ss I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State andCounty aforementioned to take acknowledgments, personally appeared C',:_��rn,� and as an respectively, ot TAMARAC'UTILITIES, INC., to me-Ebwn to be t e persons who executed the foregoing instrument and they acknowledged before me that they executed same on behalf of said Tamarac Utilities Inc. WITNESS my hand and official seal this; day of 1979. UBLIC STATE OF FLORIDA My commission expires: NOTARY PUBLIC STATE.OF FLORIDA AT LAIRM MT COMMISSION _XPIRES FEB. 2, 19M SONDE,D THRU GENERAL INSURANCE VN0E4ZVYXEi STATE OF FLORIDA ) COUNTY OF BROWARD)ss I HEREBY CERTIFY that on this day, before me, an officer duly authorized i-,the JState and County aforementioned to take acknowledgements, personally appeared as Cenral Partner of UNIVERSITY REALTY ASSOCIATES, to be known to be the person who executed the foregoing instrument and he acknow- ledged before me that he executed same on behalf of said University Realty Associ- ates. WITNESS my hand and official seal this . �' day of r,; c. _ , - 1979. f NOTARY PUBLIC ' ' ' .TTARIi— y My commission expires: -5 - L� STATE OF FLORIDA ) CIDUN 'Y OF BROWARD) ss I BEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements in the State and County afoTgnentioned personally appeared . W. F.9 L (_ and Ak*) 1 I e„- +� o L�: as A o rZ and 4..ss _ �� respectively, of the C, to me known to be the pet sons uto executed the fore- going instrument and they acknowledged before me that they executed same on behalf of said City of Tamarac. 1979. WITNESS my hand and official seal this �Y y day of �PUBLICSTATE OF FL= ✓My commission expires: No+ary pU131ie, state cs Flor:e a of f,r,rge kAy Commission Expires Juno 7, MI m<; bonded by irlii:ccy A-er.cy M ME FOR* A -sSo c 1 1 SCALE: �= oo' SE. CORNER SEC. 4 -49- 41 PO.C. KA •/Z'/G 43.50' u 2 J O p e n 4i ~ S ow,.16~E ppg h U l /. 7' 390.52- �' TAMARAC PARK SHOPPING CENTER UNRECORDED PLAT N h N O n m n 1lN/i/E-RS/TY �R/VE E. Gin/E SEC. 4r 49-¢/ R= 6200' A= 18.97 laz 1 *45'IO'• �N X CRAVEN • THOMPSON & ASSOCIATES IN ENGINEERS • PLANNERS • SURVEYORS 5901 N.W. 31 AVENUE , FORT LAUDERDALE , FLORIDA 33309 . (305) 971-777, OFFICES: FORT LAUDERDALE , MAIM , WEST PALM BEACH , PUNTA GORDA , ►SLAMORADA ELM NOTE THIS IS W A SKETCH Of SURVEY. but only a graphic depiction of the description shown hereon. There has been no field wort , viewing Of the subject property , or monuments set in connection with the preparation of the information shown hereon. DESCRIPTION: 15 FOOT OFF —SITE UTILITY EASEMENT A portion of Tract 16 of FORT LAUDERDALE TRUCK 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: IF COMMENCING at the Southeast corner of said Section 4; THENCE North 00*12216" 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 87'41'24" 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 00'12'16" 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 38a24'04" 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 00'12'16" East, a distance of 84 390.52 feet to the Point of Beginning. Said lands situate, lying and being in Broward County, Florida. DATES and/or REVISIONS DATE BY CK'D NOTE The undersigned and CRAVEN •THompsoN a ASSOCIATES, INC. make no representations or guarantees as to the information reflected hereon pertaining to easements, rights- of -way, set bock 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 - way and/or easements of record . N0. 78- 06¢B DRAWN BY : k/,A T CHECKED BY rl�! (', 0, F.B.n/ ,q pg, FILE NO.