HomeMy WebLinkAboutCity of Tamarac Resolution R-86-3531
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
35
36
Introduced by_9�il___ Temp. Reso. #4319
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86-_-3,53,
A RESOLUTION APPROVING AND ACCEPTING A
TAMARAC UTILITIES WEST RAW WATER LINE AND
WELL EASEMENT OFFERED BY MIDWAY INVEST-
MENTS, INC., FOR MIDWAY PLAZA WELLS PROJECT
86-4; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the Tamarac Utilities West raw water
line and well easement offered by Midway Investments, Inc.,
for the Midway Plaza Wells project 86--4, is hereby approved
and accepted, a copy of said easement being attached hereto
as "Exhibit 1".
2B.9TION 2: That the appropriate City officials are
authorized to execute said easement on behalf of the City.
SECTIONA: That the City Clerk is hereby authorized and
directed to record said easement in the public records of
Broward County, Florida.
SECTION 4: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this day of 1986.
BERNAR5 HART T
MAYOR
ATTEST:,
MA ILYN BERTHOLF
CITY CLERK
MAYOR: HART
I HEREBY CERTIFY that I have DIST. 1: C/W MASSARO
approved the form and correctness of this RESOLUTION. DIST. 2: V/M STELZER _..
DIST. 3: C/M GOTTESMAN
` DIST. 4: C/M STEIN
A. YAN L ATE
CI Y ATTO Y
TAMARAC UTILITIES WEST
RAW WATER LINE AND WELL EASEMENT
HIS WATER W WINE AND WELL EASEMENT made this day of
�} � , 198 b , by MIDWAY INVESTMENTS, LTD., a Florida
li6i-tFed partnership, 5100 North Federal Highway, Suite 412, Fort
Lauderdale, Florida 33308 ("Grantor"), and the CITY OF TAMARAC, a
Florida municipal corporation, having an address at 5811
Northwest 88th Avenue, Tamarac, Florida 33321 ("Grantee").
(Whenever used herein, the term "Grantor" and "Grantee" shall in-
clude the respective successors and assigns of the parties
hereto, whenever the context so admits or requires.)
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property
located in Broward County, Florida, more particularly described
in Exhibit "A" attached hereto (hereinafter referred to as
"Servient Estate"); and
WHEREAS, Grantor desires to grant unto Grantee a non-
exclusive easement to use a portion of the Servient Estate, more
particularly described in Exhibit "B" attached hereto
(hereinafter referred to as "Easement Area");
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration paid by each
of the parties hereto to the other party, receipt of which is
hereby acknowledged by both parties, the parties hereto do hereby
grant and agree as follows:
I. Grantor hereby grants and conveys to Grantee, its suc-
cessors and assigns, a non-exclusive easement ("Easement") over
and upon the Easement Area for the installation and maintenance
of raw water lines, wells and associated appurtenances. The
Easement created by this instrument is limited to the Easement
Area.
2. Grantor reserves all rights not herein granted pursuant
to the Easement, including, but not limited to, the right of free
ingress and egress over and upon the Easement Area and to grant
further easements under, over and on the Easement Area; provided
that, in no event shall any of the rights herein reserved impede
the Easement herein granted or the exercise of the rights of use
thereunder. Grantee, by its acceptance and use of the Easement,
agrees to promptly repair, at its expense, any damage caused by
the exercise of its rights under this Easement. Further, Grantee
agrees to indemnify and hold Grantor harmless from any loss or
claim arising from Grantee's use of the Easement.
3. The provisions of the Easement shall be binding on the
parties hereto and the respective successors and assigns as a
covenant running with and binding upon the Servient Estate and
the Easement Area.
4. This Easement shall not be released or altered without
consent of the Grantee.
i 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 prese e o
(GRANTOR)
MIDWAY INVESTMENTS, LTD.,
a Florida limited partnership
By:
Allarl J. Goldberg,
General/Partner
y
(GRANTEE)
CITY OF TAMARAC
P. Kelly, fdifty Manager
(( /N I
Marilyn Bgtholf, City Tierk
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Raw Water Line
and Well Easement.
A. Bryan p a ,
City Att�o ney
STATE OF FLORIDA )
) ss.
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 acknowledgments, personally appeared Alan J. Goldberg, as
general partner of Midway Investments, Ltd., a Florida limited
partnership, to me known to be the person described in and who
executed the foregoing instrument and he acknowledged before me
that he executed the same on behalf of the limited partnership.
WITNESS my hand and offici s a 'n the County and State
last aforesaid this /(� day of 1 8�e .
of r ublic, State of 1 orirla
at La ge
My commission expires: "r)iary Public, State of Florida at Large NOTARY SEAL)
Gomrnission Expires Jan. 15,1988
'140F0 THRU HUCKLEBERRY SIBLEY
S HARVEY INSURANCE 6 BONDS. INC
STATE OF FLORIDA )
) ss.
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 acknowledgments, personally appeared Bernard Hart, as Mayor
of the City of Tamarac, Florida, to me known to be the person
described in and who executed the foregoing instrument and he ac-
knowledged before me that he executed the same on behalf of the
City of Tamarac, Florida.
WITNESS my hand amend official seal in the Count and State
last aforesaid this 1 day of A,198 .
NNNNLL(o�••��t"arryy Public, State of Florida
at Large
My commission expires: (NOTARY SEAL)
NOTARY PUNLIC STATE OF FLORIOA
1 9 8 4 5 0 0 1 7 e aO9 1 5: 2 0 9 NY CORNISsION EXP SEPT 17,I910
9/ 1 6/8 S NONOEO THRU GENERAL INS. N4Q.
11
•
-2-
L J
•
Exhibit "A"
All of Midway Plaza according to the Plat thereof recorded in
Plat Book 126, Page 14 of the Public Records of Broward County,
Florida.
r. w1 •a Fyn
• �1
DID
_.-ni_i G oin mO2 c1/4 84VD
LOCATION MAP -
198450017EA0915:209
9/15/86
few
DESCRIPTION: (RAW WATER LINE & WELL EASEMENT)
A PORTION OF MIDWAY PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 126, PAGE 14 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,,
BEING A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE. OF
AS MEASURED AT RIGHT ANGLES TO, THE FOLLOWING DESCRIBED CENTERLINES:
COMMENCING AT THE NORTHWEST CORNER OF THE "TAMARAC POST OFFICE" PLAT, AS
RECORDED IN PLAT BOOK 91, PAGE 5 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA; THENCE NORTH 0*00g56" WEST, ALONG THE EAST RIGHT-OF-WAY LINE OF
N.W. 79 th AVENUE, A DISTANCE OF 475.07 FEET TO THE POINT OF fEGINNING OF
THIS DESCRIPTION; THENCE SOUTH 89000'02" EAST, A DISTANCE OF 772.33 FEET
TO A POINT, SAID POINT HEREINAFTER TO BE KNOWN AS POINT "A"; THENCE
•CONTINUE SOUTH 89000102 EAST, A DISTANCE OF 210.16 FEET; THENCE
SOUTH 00°00'56" EAST, A DISTANCE OF 283.15 FEET TO A POINT, SAID POINT
HEREINAFTER TO BE KNOWN AS POINT "B"; THENCE CONTINUE
SOUTH 00000'56" EAST, A DISTANCE OF 226.40 FEET; THENCE
NORTH 89°00'02" WEST, A 'DISTANCE OF 49.66 FEET TO A POINT, SAID POINT
HEREINAFTER TO BE KNOWN AS POINT "C THENCE CONTINUE
NORTH 89°00'02" WEST, A DISTANCE OF 254.40 FEET TO A POINT, SAID POINT
HEREINAFTER TO BE KNOWN AS POINT "D"; THENCE CONTINUE
NORTH 89*00102" WEST, A DISTANCE OF 138.94 FEET; THENCE
NORTH 39038119" WEST, A DISTANCE OF 276.29 FEET TO THE POINT OF TERMINUS.
TOGETHER WITH:
BEGINNING AT THE AFORESAID POINT "A"; THENCE NORTH 00°59'58" EAST, A
DISTANCE OF 36.91 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE AFORESAID POINT "B"; THENCE NORTH 89°00'00" WEST, A
DISTANCE OF 254.54 FEET; THENCE NORTH 37054100" WEST, A DISTANCE OF 48.68
FEET TO THE POINT OF TERMINUS.
. - TOGETHER WITH:
BEGINNING AT THE AFORESAID POINT "C"; THENCE NORTH 00°59'58" EAST, A
DISTANCE OF 58.26 FEET TO THE POINT OF TERMINUS.
TOGETHER WITH:
BEGINNING AT THE AFORESAID POINT "D"; THENCE SOUTH 00°59158" WEST, A
DISTANCE OF 172.16 FEET; THENCE SOUTH 42°47'16" WEST, A DISTANCE OF 52.53
FEET TO THE POINT OF TERMINUS.
TOGETHER WITH:
THE NORTH 320.00 FEET OF THE WEST 10.00 FEET OF SAID MIDWAY PLAZA.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD
COUNTY, FLORIDA.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER
21HH-6.06(1), MINIMUM TECTINICAL STANDARDS FOR LAND SURVEYING IN THE STATE
OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD
OF LAND SURVEYORS, IN SEPTEMBER 1991, AND IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF.
CRAVEN-THOMPSON & ASSOCIATES, INC.
THIS),UE,TGH IS NOT VALID UNL 'S IT
B N INAL SI AND
a
WILLIAM A. TRUEMAN
REGISTERED LAND SURVEYOR NO. 3358
STATE OF FLORIDA
ErLN i B IT r B"
SHEET 1 OF 2 SHEETS
COGO 4 D-MID-RAWA
83-0366 (REV. 9-12-86)
O
m
it Z
aM0
' K
BIZ
in
� 3 n
M m
� Z
j 17
i'�•� I:I 13t���
a
t
P
Ih
H
Exhibit B
(Page 2 of 2)
-Fla •j11�
li
r _ �.f2s.40 _J�L— =sy.1s $00 o• i`[ V�j 1�
:h s0• 0' is at li! r 1
0 rr .+� i .� t •
filk71 .r +•• v �.,�
V
• UNIVERSITY DRIVE
tv
_j,11A_
r.• •• ryhl
_�_JLh..
rrr • `•1
•••rw
__J. IL
Cum&7r'2 cir}1— 134J0
���•R.r+�,i-Ina eeAR�.
r
r:
A