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Home My WebLink AboutCity of Tamarac Resolution R-88-049I Temp. Reso. #4948 1 2 3 4 5 8 -9 10 11 12 13 14 15 16 17 20 21 f *A 23 24 25 26 27 28 29 30 32 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88-� A RESOLUTION APPROVING AND ACCEPTING A 20-FOOT TUW WATER AND SEWER UTILITY EASEMENT OFFERED BY STEPHEN A. SPEAR AND JOSEPHINE SPEAR, HIS WIFE, FOR THE BARNETT BANK PROJECT, (PARCEL "D") AND PRQVIDING- AR EFFECTIVE DATE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1_L That the 20-foot TUW Water and Sewer Utility Easement offered by Stephen Spear and Josephine Spear, his wife, for the Barnett Bank project, (Parcel I'D") is HEREBY APPROVED AND ACCEPTED, a copy of said easement being attached as "Exhibit 111. 5EECTIgN_ 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. SECTION 4i This Resolution shall become effective upon adoption. 2Z- PASSED, ADOPTED AND APPROVED this day of 1988. ATTEST; �. BERNARD HART, MAYOR CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. PI RICHARD DOODY CITY ATTORNEY u;T. I. C/14 R011, ' C/M STELZER DIS1. 3: C/M HrOFFMAN DIST, 4: V/M STEIN E -I i, iAso. g, 4q /f T,kMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT STEPHEN A. SPEAR and on this _12�_ day of 198 , JOSEPHINE SPEAR, his wifE ;,,af er "Grantor"), ex)ressly grants' an easement to the City of -a-,_r_ic., a municipal corporation of the state of Florida, having an I at 5811 N.w. 88th Avenue, Tamarac, Florida, 33321, (hereinafter I subject to the following provisions and in consideration of I s :�. of Ten Dollars (10.OD) and other good and valuable �4.nsi�arations paid by Grantee to Grantor, receipt of which is hereby = y.!edged by both parties. Grantor is the fee simple owner of that parcel of real property, a e,�1 description of which is attached hereto as Exhibit "A", and i-1c1D_1,)orated by reference herein, (hereinafter "the servient estate"). irantor hereby grants,,bargains and sells to Grantee, its • _ �7sors and assigns, a perpetual easement under, over and upon a :):motion of the servient estate, a legal description of which is at --ached hereto as Exhibit "B" and incorporated by reference herein, r�; �Eter "the easement area"). Grantee may use the easement area for the laying, installing, -.a�n4aining, operating and altering of water lines and appurtenant `acilities, sewer lines and appurtenant facilities as well as for s-,-`ace water storm drainage, and for other comparable public utility )__ D01EE'.s . Revised 9/9/87 u so 14L ff. Crantee's right to.utilize the easement area shall be exclusive to the -extent that Grantor shall grant no easement or license, nor mW a-:v covenants, having the effect of permitting use of the easement area bv one other than Grantee, except grantor may furnisr an easement to Power and Light, Southern Bell or American TV that crosses this ,asement at right angles. Grantor may, for its own purposes, utilize the easement area and small retain a right of free ingress and egress under, over and �ipon t^e 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 coon One servient estate whereby Grantee shall have reasonable access -ecess-ry to fully exercise Grantee's rights within the easement area. The provisions of the easement shall be binding on the partie s hereto -and their respective successors and assigns as a covenant running with and binding upon the servient estate. -,his easement shall not be released or amended without consent of --ne Grantee as evidenced by a document signed with the same formalities as t is document. Grantee shall record this document in the Public Records of a•,a a Countv, Florida. Ewa L E Notwithstanding the foregoing provisions of this easement which provides that Grantee's right to utilize the easement area shall be exclusive, Grantee hereby acknowledges and agrees that Grantor may construct and maintain a wall on the eastern boundary of the easement area. In the event Grantee's use of the easement area damages the wall or necessitates the temporary removal of the wall, Grantor hereby agrees to hold Grantee harmless for any such damages or removal and that Grantor shall cause the wall to be repaired or replaced. -2a- • This instrument contains the entire agreement between the parties reiatinc3 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 subsecuent modification reduced to writing, signed by the party to be charged therewith. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on �he day and year first above written. signed, sealed and del_vered in the presence of: t•. i t n e s s Mary W. Davis �z - - - �, 4� i e s s Virginia R. Dow (GRANTOR) - -o46- /-�� TEPHE ij A. SP AR JQ EPHINE SPEAR -3- u N -y 0- r ERESY CERTIFY that on this day, before me, an Officer duly �;,cr Meu in the State aforesaid and in the County aforesaid to take �Y-:r,o,�iwdgements, personally appeared Spear, his wife to be the person described in and who executed the fore - ,oing _nstrument and t, hev_ acknowledged before me that they executed �!''e same . :1 TNESS my h nd and o icial seal in the County and State last o:e7aid this / -W day of 1981• Notar Public Commission Expires: Signed, sealed and delivered in the pr.,Ance of: h� ested: City Ma ger ~ �o r+rV P. Kc- "Y 41-ested: City Clerk e, 1?o4. r. 6•406vro I HERESY CERTIFY that I have a:)nroved the form and correct-- -Yss of this Easement Document. 1 L&&44,0 ! T CY 1 L ORNEY /Q14HARD �7poDy IM (GRANTEE) CITY OF TAMARAC a 0 r ki,�9 ' f-5�, • 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 zc'<no-,•: -dges%personally appeared _c me ;:sown to be ' erso described in and who executed the fore- -oi.n.c instrument andtheacknowledged before me that Ao executed the sa e_ ..:7TNESS my hand and seal at Fort Lauderdale, Broward County, Flo_ _ '-a this o7a "_ day of 198%. Notary Public !v Co:n:,niission Expires-.:,,.... NOTARY PUBLIC STATE Of FLORIDA NY CONNISSION EXP SEPT 17,1990 BONDED THAU GENERAL INS. UND. l aSUT. ESMT. 0 -5- Revised 9/aU/87 oc�: acL k, �C SOUTHGATE � OLw. SITE OtiR� ST. a i in r d � .� z 0�~ 7S'A S T us a z a MCNA6 ROAD OCA71-ION SKETCH N.T.S. 0 E UTILITY EASEMENT LEGALDESCRIPTION A TORTION OF LOT 11, BLOCK 12, "LYO11'S COMMERCIAL SUBDTVISION NO. 3" ACCuI:!JTT:G TO TI-iE PLAT 'I'H'I.1=0F AS RECORDED IN FLAT LOOK 76, PAG:_ 31 OI" THE PUBLIC RECOIMS OF BROWARD COU1.1'I'Y, FLOIZIDA. DEING 1101-t1r TIAR-- T OCULARLY DE SCRIBED AS FOLLOWS 3.7-,GI?. AT THE NORTHTEAST CORNER OF SAID LOT 11 BLOC:i 12; THENCE S00"' 16-E, ALONG THE EAST LINE OF SAID LOT 11 FOR 206.00 :'i.ET, Ti-E?SCE S49"47"M-W, ALONG A LII4E PARALLEL WITH AND 4,00 FEET NORTH OF SOUTH L ' NE OF a = LOT I ] , FQR 20. 00 FEET: THENCE N00'12' 16''W FOR 206.)o F .-FT ; THENCr 1-189'=' ^ 7' 44"E , ALONG THE NORTH LINE, OF SAID LOT 11, FOR 20.00 FEET TO THE POINT OF BEGINNING. 'EXHIBIT "B" Legal Description for PARCEL "D" I "� a• J., l NO. CITE DESCRIPTION BY— RE" I SION S DATE - -- — -- - -- 0 1� BITER a A530CIATES INC.. 180400 NORTHWEST SECOND AVENLJE - ;dI"I, FI-CA1]A 33169 T LfP /555 -5133 �ROWA.R0 5,24-LlOZ � U FAG. LA`1D SUR4'EYOR Na 1633 ST TE Cf FLORIDA uslrV�RgITy DRIVE �/ (Ag(, q% q !".44' 414 Al-W. COk. L07 I), b"-/Z. \ P.a:$ A -- ----- PA R C E LEA ( ROA 0 R/W) 0o to Ixn - 72.00' i / rl�' 90,E 1 1 C o-l^'S.o' a v w W ►. r li Iu v i AI.G4•/i mow' ~ n � • 4 LN a w� $ q N I W -1 u Qe h /I 0 U LOT to 1 N LOT 11 BLOC,C /2 eLac!< I2 "LyO,J'G COMMERCIAL St/bpl✓lS1aN NQ W �P.b.7G �1J r I e} P. 5. 76 (! BljcWARD CO. FLA)90 .� s 10. u u Jo c J O'er � •�w , r� . 'Z O ' pp0•!2'IG6 �. Q `, fJ 00° I2' rGyJ 2bG.40 ' 3Y.Op' .nF e a RcwrrOurrL. r) �7- i" Y «. \ \?00' 12 rG t A 2,D•D9•(7or,lt) . ; u0o'r2•rG�W W.(1L GPry'r. (v.a. 7G tir) P.a.LS ..� �.•� _ 9E. COP-,) LOT I! , bLx. IT . i-c cCR., Lor ro,' aVLX. /T EXHIBIT "A" ti ` •$ PARCEL "D" SKETCH TO ACCOMPANY LEGAL DISC IPTIQIJS I Il3o/6�. PARCELS ''D t (2c �JraE) TO NO. DATE DESCRIPTION BY REVISIONS FI LE N' 81 - I73. 5 DATE h40V. 23, 19rw7 aarrx: rHIC 1, ,vor .4 cacao uRvr-v ,gqE-4T I OF 5 'LEITER a ASSOCIATES , INC. 18800 NORTHWEST SECOND AVENUE MIAµI, FL,DR" 33169 Tlr�PlOE3) 6b2 1J$3 9ROWARD 524-L202 REGISTERED SURVEYOR 16Yi STATF- OF—P-WIDA