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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-082Temp. Reso. #4981 1 2 3 4 5 1 gi, .9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88- Z� A RESOLUTION APPROVING AND ACCEPTING A TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY T.W.T. ASSOCIATES, FOR THE BROOKWOOD PLAZA PHASE II PROJECT; AND PROVIDING AN EFFECTIVE 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 T.W.T. Associates, for the Brookwood Plaza Phase II project, is HEREBY APPROVED AND ACCEPTED, a copy of said easement being attached hereto as "Exhibit 111. 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. SECTION 4i This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED thiso2�day of 1988. ATTEST: NORMA4ABRAM#OOW?ITZ CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD DOODY CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ ";iSTRICT 1: C/M ROFIR G DISTRICT 2: V/M STELZER DISTRICT 3: C/M HOFFMAN DISTRICT 4: C/M BENDER TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT 11th February adis-; - -- On this day of Y , 198 8, Ulysses G. -Teleg _ �. TWT, Associates, P.O. Box 24105, Oakland Park, Florida 33307, (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 incorporated by reference herein, (hereinafter "the servient estate"). 40 Grantor hereby grants, bargains and sells to Grantee, its LI 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. -1- 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 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. -2- C� �' Y-r- e-2, This instrument contains the entire agreement between the parties elating 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 the day and year first above written. Signed, sealed and delivered in the presence of; Madeline Thompso Witness g-les xs ner Witness C� -3- (GRANTOR) ad 1"f Z' -4, Uly ses G. Telegadisg Trustee T.W.T. Partnership STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly acknowledgements, personally appeared to me known to' be the rers, going instrument and the same. n ''%scribed in and who execut acknowledged before me that the fore - executed WITNESS my hand and official seal in the County and State last aforesaid this day of 1A a AX4 1986. Notary Public My Commission ExiAx9nac 4ep VLORIDA Nr CORNISSION EXP. JAN 13*1991 IMD THRU GENERAL INS. WW- Signed, sealed and delivered in the pre�rence of: (GRANTEE) tt-O'i� IV A Ket� Ml /'er Attested: City Clerk e"AAoG a, dAkBuro I HEREBY CERTIFY that I have approved the form and correct- ness of this Easement Document. �l u CITY ATTORNEY Rrr_ff pCtiOpy CITY OF TAMARAC By: A, A 06C)eNARD N,1R � MAYa�R -4- CITY OF TAMARAC APPROVED AT MEETING OF18g r_l LJ • 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 esaid to take acknowledgements, personally appeared to me known to be the person described in and who exe uted the fore- going instrument andcknowledged before me that executed the same. WITNESS my and and seal at Fort Lauderdale, Broward County, Florida, this rZday of , 98%. My Commission Expires: iOTARY PUBLIC STATE OF FLORIDA NY CONNISSION EXP SEPT 17,1990 IONDEO TNRU 6EMERAL INS. UNO. TUW/W&SUT.ESMT. 9 '4�_ ae,-� Notary Public -5- "l?�s6• I, i EXHIBIT "A" DESCRIPTION: LOTS 1,2,3,4,5,6 and 7, BLOCK 248, LESS THE NORTH 2.00 FEET THEREOF, THE MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 71, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. LMM:105/EA C� 0 v EXHIBIT B� d �� DESCRIPTION:' (8 FOOT WATER LINE EASEMENT) A PORTION OF LOTS 1, 2, 3, 4, 5, 6 AND 7, BLOCK 248, MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 71, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING A STRIP OF LAND 8.00 FEET IN WIDTH LYING 4.00 FEET ON EACH SIDE OF AS MEASURED AT RIGHT ANGLES TO, THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT 15.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID LOT 1, SAID POINT ALSO BEING 83.50 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID BLOCK 248; THENCE ALONG A LINE PARALLEL WITH AND 83.50 FEET SOUTH OF AS MEASURED AT RIGHT ANGL� TO THE SAID NORTH LINE OF BLOCK 248 TO THE POINT OF TERMINUS„ SAID POI BEING 19.18 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE THE WEST LINE OF SAID LOT 7; r SAID 8.00 FOOT STRIP OF LAND LIES SOUTH OF AND ADJACENT TO THE SOUTH LINE OF THE PORTION OF THAT CERTAIN 15.00 FOOT WATERLINE EASEMENT LYING WITHIN THE NORTH 79.50 FEET OF SAID BLOCK 248 AND RECORDED IN OFFICIAL RECORDS BOOK 14754, PAGE 152 OF THE OFFICIAL RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 21HH-6.006(1), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF LAND SURVEYORS, IN SEPTEMBER 1981, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. CRAVEN-THOMPSON S ASSOCIATES, INC. THIS E CH IS NOT VALID UNLESS IT BE ORIGLor�fURND A, D S 0 - DENNIS M. BEALE REGISTERED _:AND SURVEYOR. NO- 3606 STATE OF FLORIDA • SHEET 1 OF 2 SHEETS COG03 D44-WEASE2 85-0060A 2 FEB 88 CRAVEN a THOMPSON & ASSOCIATES INC. ENGINEERS - PLANNERS -SURVEYORS %01 N.W. 31 AVENUE , FORT LAUDERDALE . FLORIDA 33309 - (305) 971-7770 OFFICES, FORT LAUDERDALE, WEST PALM $EACH NOTE THIS 15 tLT A SKETCH OF SURVEY ,but on a eroohuc depeelion of tote ascription FOR y�'� !hewn heraeon Thor! rW! been no field work , viewing of the sYAtfltl properly , or �T lhlragalf got in CMU1etlion web "is preparation of MN interrelation /hpwo hereon gROOKYVooD BLYR Z 1 I SCALE: /s/4W• S_5 [DATED. b� III 'I I N 1 4A4 I 1 1 III It : UPDATES and/or REVISIONS .. DATE y nu I ^_, LJ08 N0.$'-va&v,Q DRAWN CY;�s/i%KT k $H4ar Z dF smWS D NOTE The undersigned and CRAVEN-THOMPSON 6 ASSOCIATES, INC. make no representabons or guarantees as to the information reflected hereon pertok*g to easements, rights- of -way, set bock Nees, ►eservations,agreements and other similar matters, and further, this instrument is not Wended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title vertiflcatlon NOTE Lands shown hereon were not abstracted for right - of -way and /or • easements of record CHECKED I CODE IFILE NO ,1 1) 5,0 - 99 —yc�l' ' I LOCATION MAP 0 E