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Home My WebLink AboutCity of Tamarac Resolution R-88-0272 3 4 '41 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 30 32 33 34 W6V Temp. Reso. #4921 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88- A RESOLUTION APPROVING AND ACCEPTING A TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY DON CARTER LANES OF FLORIDA, LTD., REQUIRED FOR IMPROVEMENTS TO TAMARAC VETERANS PARK; -AND PROVIDING AN EFFECTIVE DATE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: .aECTION 1_ That the Tamarac Utility West Water and Sewer Utility easement offered by Don Carter Lanes of Florida, Ltd., for improvements to Tamarac Veterans Park is HEREBY APPROVED AND ACCEPTED, a copy of said easement being attached hereto as "Exhibit 1". SECTION-2- That the appropriate City officials are hereby authorized to execute said easement on behalf of the City. SECTION 3: That the City Clerk is hereby authorized and directed to record said easement in the public records of Broward County, Florida. SFCTIQN 4-- This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this __ day of 1988. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD DOODY CITY ATTORNEY RNXRD HART, MAYJP f'JI�!,YOR: HART. � ` '-------- DIS(..1: C/M ROHR- C?I.'T. 2: C/M STELZER I_;ST, 4 V/M STEIN 0 TAMARAC UTILITIES WEST i WATER_ AND SEWER_ UTILITY_ EASEMENT On this _gyp day of _____ _, 198f, _DON _CARTER _LANES _OF FLORIDA. LTD , having an ad ress of 8501 N. UNIVERSITY DRIVE, TAMAR _FLORIDA_33321_ , (hereinafter "Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 5811 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 both parties. Grantor is the fee simple owner of that parcel of real property, a legal description of which is attached hereto as Exhibit "A", and •ncorporated by reference herein, (hereinafter "the servient estate"). 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 reference herein, (hereinafter "the easement area"). 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. IREV.10/26/87 2 7 - u i Grantee's right to utilize the easement area shall be exclusive 0 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 American 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 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 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. Spa • Site improvements including but not limited to driveways and landscaping will be reconstructed in kind. All trenches will be backfilled the same day they are excavated and final pavement surface will be installed within 72 hours. Except during actual construction period traffic will be maintained. Grantee hereby indemnifies and holds harmless grantor for any loss arising from grantees use of the easement herein granted. 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 modification reduced to writing, signed by the party to be charged therewith. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on We day and year first above written. Signed, sealed and delivered in the presence of: IHIUEY BUT— N— OU C. ANDERSON �l ii n e s s-------- ___ W i t n e s s---- __—__-._.______ 0 -3- GRANTOR) JERRY ISAN GENERAL PARTNER DON CARTER LANES OF FLORIDA, LTD. STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before -me, an Of ice r duly authorized in the State aforesaid and in the Bounty, afo es id to take acknowledgements, personally appeared m_-,-__- to-e known -to be-tFie person-aes-cr--•� ��ein -an-a `o`ezecute3-tFi� T"----ore- -- going instrument and acknowledged before me that _-__ executed the same. WITNESS my hand and off cia seal in the Co u ty and State last aforesaid this - day of _ �,��-_� 1987. NOTARY PUBLIC STATE OF FLORIDA NY CON'" SSION EXP JULY 21,1991 a r y BONDED THRO GENERAL IAS. UND. ks, , My Commission Expires: Signed, sealed and delivered in the a nce of: (GRANTEE) _ CITY OF TAMARAC _ _____ t-Ste �t- a -a er ,;o N ---------- By - - -� W -- ---- ttestea: ,6 x'V�Ro ,�,�.er, �t,4yvie C ARo t- G. P�� PwTd I HEREBY CERTIFY that I have approved the form and correct- ness of this Easement Document. UTY—ATTO1NY RIC;4A'kP -Doan y -4- 0 w 0 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, per�sonal)_y appeared to me nown to e t e person ae risea 1n ana wFio exe-utea t e ore - going instrument and,�acknowledged before me that _ executed the same. WITNESS my hand and seal t Fort Lauderdale, Broward County, Florida, this _ /D°`=`_ day of , 198%. 1;4 -/- - X- 41Z 4., Z1.') E - ' No t ar y NuM i c___________ My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA NY COKNISSION EAP SEPT 17,19" VO%DED TNRu 6EMERAL INS. UND. TUW/W&S.ESMT.1 qwevised 12/24/87 0 r -5- ..�......_..C-14_ CANAL .rnolkwo PA all I� DE5CRIBE1)-=k � w - I Iasi I Tr _ LOCATION SKETCH EXHIBIT A LEGAL DErCRIPTION OF "TAMARAC LANES" SAID LANDS DESCRIBED AS "PARCEL 'A'" OF "TAMARAC LANES," A PORTION OF SECTION 33, TOWNSHIP 48 SOUTH, RANGE 41 EAST, AND A PORTION OF SECTION 4 TOWNSHIP 49 SOUTH, RANGE 4 EAST, BROWARD COUNTY, FLA. AS RECORDED IN P.B. 85, Page 31 BROWARD COUNTY FLORIDA. CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT. UTILITIES WEST DIVISION I lDp OK CHK. R F LEGAL DESCRIPTION S.E 1/4 SEC. 33 - 48 -4 I PARCEL A TAMARAC LANES N.E. 1/4 SEC. 4 - 49 - 4 I SC ONE DATE EXHIBIT "A " �, G CM 0 N C3L VD. N6 n SE9•t�'••'•w Y z I' c_14--CANAL �y s,t8r� R VETERAN'S PARR 7-7T,-H A, 1 M.w I i I i i 1 Lj Tr 1►.1 LOCATION SKETCH 91-04-24-001 Don Carter Lanes of Florida, Ltd. 8501 N. University Drive Tamarac, Florida 33321 n/o rEs • Ar,' c�e,�rings hPr�'c� shown arc Bs�vm�d mericli�r� • . /rc,',ca1�s V�rmanerlf .Pe{er�rlc� MarIW�/�rtrf.(vQ.r-+� . LEGAL DESCRIPTION OF A 20• WIuE SANITARY SEWER EASE= situated in PARCEi, "A" Of "TAMARAC LANES" P.B. 85, P.3.1. Description; The West 20 feet of the No+th, 209 feet of PARCEL "A" TP!"IARAC IANFS P.B. 85, P.31 as recorded in Broward County, Florida. - CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT UTILITIES WEST DIVISION TAMARAC LANES pR. CHD. APPD. 20' SEWER EASEMENT IN'E.1/4SEC. 4- 4 9-41 SC: DATE - 4 - f',f EXHIBIT B ,I� �s 10tfg J a, '