HomeMy WebLinkAboutCity of Tamarac Resolution R-86-408Introduced by Z'Lq Temp. Reso. #43$5
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86- Z/09
A RESOLUTION APPROVING AND ACCEPTING A
FORTY (40) FOOT WATER AND SEWER UTILITY
AND DRAINAGE EASEMENT OFFERED BY REGINA
DEVELOPMENT CORP., FOR THE UNIVERSITY
DRIVE UTILITY RELOCATION - #8.6-2 PROJECT;
F
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the forty (40) foot Water and Sewer
Utility and Drainage Easement offered by Regina Development
Corp., for the University Drive Utility Relocation - #86-2
Project, is HEREBY APPROVED and accepted, a copy of said
easement being attached hereto as "Exhibit 1".
SECTIQN 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 4: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this zZ day of ,
1986.
BERNAMD SART
HART -
ATTEST:
/J A �_A
CAROL E. BARBUTO
ASSISTANT CITY CLERIC
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
A. BRY I T APP AI'YE
CITY AT RNEY
198648/pw
MAYOR: HART
DIST. 1: C/W MASSARO
DIST. 2: V/M STELZER
DIST. 3: C/M GOTTESMAN
?DIST. 4: C/M STEIN
-1-
WATER AND SEWER UTILITY
AND DRAINAGE EASEMENT
This Water and Sewer Utility and Drainage Easement made this -'2, G
day.of , 19dL�. , by
Regina Developmen-tCor1156 Kane Concourse, 5t Floor, Bay
Ha r or, F orida 33154 (Grantor)ancT We 'City -of Tamarac, a Florida
6 unicipal corporation having an address at 5811 Northwest 88th Avenue,
amarac, Florida 33321, (Grantee).
(Whenever used herein, the term "Grantor" and "Grantee" shall include
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, 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;
NOW,_ THEREFORE, in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable considerations paid by each of the
parties hereto to the other party, receipt of which is hereby acknow-
�dged by both parties, the parties hereto do hereby grant and agree as
follows:
1. Grantor hereby grants and conveys to Grantee, its successors
and assigns, a non-exclusive easement over and upon the servient estate
for the installation and maintenance of water and sewer utilities and
drainage facilities.
2. Grantor reserves all rights not herein granted pursuant to
this easement, including but not limited to, the right of free ingress
and egress over and upon the servient estate and to grant further
easements under, over and on the servient estate; 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.
3. The provisions of this easement shall be binding on the
Orties hereto and the respective successors and assigns as a covenant
running with and binding upon the servient estate.
4. This easement shall not be released or altered without
consent of the Grantee.
.9A-1> /J ")h9-0r
as
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on
the day and year first above written.
Signed, sealed and
del'vered in the presence of:
Witness Ida C. Deies
64_r
Witness Vicki Ludo
Signed, sealed and
delivere ' n e of:
Witnes VaI
WitnessGir Cc-6?K
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Water and Sewer
Utility and Drainage Easement
CITY A OR
STATE OF FLORIDA
COUNTY OF BROWARD
(GRANTOR)
j2�[i ir✓p ,�E Vc� c. ,a Iv •» f'rn 7' C C�.C-�.�
By:--
Enrigue Wolf -4
v
(GRANTEE)
City ofTamarac
By: 1,74
I HEREBY CERTIFY that on this day, before me, an Officer duly author-
ized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared�,�
to me known to be the person described in and who executed the fore-
going instrument and he acknowledged before me that he executed
the some.
WITNESS by hand and official seal in the County and State last afore-
said this / ( day of Ca c7 A.D. 198 6.
Tania W. Tisheim
0
0
GNI
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 he County foresaid to take acknowledg-
ments, personally appeared
to me known to be he person described in and who exec u ed the foregoing
instrument and acknowledged before me that executed the
Oe.
WITNESS my hand and official seal in the County and State last aforesaid
this o? G day of A.D. 198 �.
9/04/86
•
NOTARY PUBLIC STATE OF FLORIOA
NY COMMISSION EXP SEPT 19,1991) BONDED TMRU GENERAL INS. UND,
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'REGINA DEVELOPMENT CORP.
1401 Brickell Avenue
Miami, Florida 33131
LEGAL DESCRIPTION of a 40' Utility Easement lying adjacent to and
parallel to the East Right -Of -Way line of University Drive in SEC.
to,'tbWtA%Ak?49 South, Range 41 East more particularly described as
follows:
A portion of Tract 4, of FORT LAUDERDALE TRUCK FARMS SUBDIVISION,
Section 10, 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:
CONIMENCING at the Northwest corner of said Section 10; thence South
00 00,56" East, along the West line of said Section 10, a distance
of 913.01 feet; thence South 89' 02,49" East, parallel with the
North line of said Section 10, a distance of 60.01 feet to the
POINT OF BEGINNING of this description being; the 40.0 feet east of
a line South 00 00,56" East a distance of 100 feet to the POINT Of
TERMINUS. Said lands containing 0.0918 acre.
CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT,
UTILITIES WEST DIVISION REGINA DEV.COV PARCEL DR. CHDI - APPD.
40' X!_TILI,TY EASEMENT N1/2 SEC. 10-49-41 SC:ga DATE. 27 e6
EXHIBIT A" LI —
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�-REGINA DEVELOPMENT CORP.
12 - - 99 —32 - Miami,, FloridaA33131
LEGAL DESCRIPTION of a 47' Utility Easement lying adjacent to and
parallel to the East Right -Of -Way line of University Drive in SEC
South, Range 41 East more particularly described as
follows:
A portion of Tract 4, of FORT LAUDERDALE TRUCK FAR1IS SUBDIVISION,
Section 10, 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:
COMENCING at the Northwest corner of said Section 10; thence South
00 00,56" East, along; the West line of said Section 10, a distance
of 1013.01 feet; thence South 89 02,49" East, parallel with the
North line of said Section 10, a distance of 53.01 feet to the
POINT OF BEGINNING of this description bein ; the 47.0 feet East of
a line South 00 00,56" East a distance of T00 feet to the POINT Of
TERMINUS. Said lands containing 0.1079 acre.
CITY OF TAMARAC SKETCH OF DESCRIPTION TA,'JARAC ENGINEERING DEPT.
UTILITIES WEST DIVISION REGINA DEV•CO.PARCEL"B DR. CHD. 'L APPD.
47' UTILITY EASEMENT N 1/2 SEC. 10-49-41 SC: Nrc, DATE -2 /—q
EXHIBIT "A" 74 2 cf Co Ll
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REGINA DEVELOPMENT CORP.
9110 01 015 1401 Brickell Avenue
3122 99 Miami, Florida 33131
LEGAL DESCRIPTION of a 47' Utility Easement lying adjacent to and
parallel to the East Right -Of -Way line of University Drive in SEC,
!o)-i-DwNGH W 49 South, Range 41 East more particularly described as
follows:
A portion of Tract 4, of FORT LAUDERDALE TRUCK FAI21MS SUBDIVISION,
Section 10, T31r�ofithe4PublicSouth,
Records41 East, of Browards recorded in Plat
County, Florida,
Book 4, Page
being more particularly described as follows:
CCAMENCING at the Northwest corner of said Section 10; thence South
00 00'56" East, along the West line of said Section 10, a distance
of 1113.01 feet; thence South 89 02'49" East, parallel with the
North line of said Section 10, a distance of 53.01 feet to the
POINT OF BEGINNING of this description being; the 47.0 feet East of
a line South 00 00'56" East a distance of 100 feet to the POINT Of
TERMINUS. Said lands containing 0.1079 acre.
CITY OF TAMARAC
UTILITIES WEST DIVISION
47" UTI-LITY EASEMENT
SKETCH OF DESCRIPTION
REGIN A DEV. CO. PARCEL ~C"
t 1/2 SEC.10-49-41
EXHIBIT°A" 5 h 3 n Ca
TAMARAC ENGINEERING
DR. CHD.F- APPD
SC: L1 TS DATE S 127166
DEPT.
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REGINA DEVELOPMENT CORP.
9110 01 016 1401 grickell Avenue
PARCEL D 9110-01-016 3122 99 Miami, Florida 33131
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LEGAL DESCRIPTION of a 47, Utility Easement lying adjacent to and
parallel to the East Right -Of -Way line of University Drive in SEC
to,TowuswP 49 South, Range 41 East more particularly described as
follows:
A portion of Tract 4, of FORT LAUDERDALE TRUCK FAINS SUBDIVISION,
Section 10, Township 49 South, Range 41 East, as recorded in Plat
Hook 4, Page 31of ePublcRecords
ofBroward County, Florida,
being more particularly described
COMMENCING at the Northwest corner of said Section 10;-thence South
00 00,56" East, along the West line of said Section 10, a distance
of 1213.01 feet; thence South 89 02,49" East, parallel with the
North line of said Section 10, a distance of 53.01 feet to the
POINT OF BEGINNING of this description being; the 47.0 feet East of
a line South 00 00,56" East a distance of 100 feet to the POINT Of
TERMINUS. Said lands containing 0.1079 acre.
CITY OF TAMARAC
UTILITIES WEST DIVISION
47' UTILITY EASEMENT
SKETCH OF DESCRIPTION
REGINA DEV CO.PARCEL:D"
N 1/2 SEC. 10-49-41
EXHIBIT"A" Sh 'y of 6
TAIMARAC ENGINEERING DEPT.
DR- CHD. P5, APPD.
SC: s]j$ DATE 27 6
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REGINA DEVELOPMENT CORP.
1401 Brickell Avenue
Miami, Florida 33131
LEGAL DESCRIPTION of a 47' Utility Easement lying adjacent to and
parallel to the East Right -Of -Way line of University Drive in SDC
10 -1o4,�;SFiiF49 South, Range 41 East more particularly described as
follows:
A portion of Tract 5, of FORT LAUDERDALE TRUCK FAIWS SUBDIVISION,
Section 10, 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:
CONtIENCING at the Northwest corner of said Section 10; thence South
00 00,56" East, along the West line of said Section 10, a distance
of 1313.01 feet; thence South 89 02,49" East, parallel with the
North line of said Section 10, a distance of 53.01 feet to the
POINT OF BEGINNING of this description being; the 47.0 feet East of
a line South 00 00,56" East a distance of 100 feet to the POINT Of
TERMINUS. Said lands containing 0.1079 acre.
CITY OF TAMARAC
�UTILITIES WEST DIVISION
. 47' UTILITY EASEMENT
SKETCH OF DESCRIPTION
REGINA DEV.CO.PARCEL"E"
W/2 SEC.10-49-41
EXHIBIT "A S h
TAMARAC ENGINEERING DEPT.
DR. CHD.P.S, APPD.
SC: ,wu DATE 5 2 bb
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REGTNA DEVELOPMENT CORP.
PARCEL F 9110-01-021 411i2z1-027- 1401 srickell Avenue
Miami, Florida 33131
LEGAL DESCRIPTION of a 47' Utility Easement lying adjacent to and'
parallel to the East Right -Of -Way line of University Drive in5ec
I()JO&141,:IP49 South, Range 41 East more particularly described as
follows:
A portion of Tract 5, of FORT LAUDERDALE TRUCK FARMS SUBDIVISION,
Section 10, 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:
CCVIENCING at the Northwest corner of said Section 10; thence South
00 00'56" East, along the West line of said Section 10, a distance
of 1413.01 feet; thence South 89 02'49" East, parallel with the
North line of said Section 10, a distance of 53.01 feet to the:
POINT OF BEGINNING of this description being; the 47.0 feet East of
a line South 00 00'56" East a distance of 100 feet to the POINT Of
TERMINUS. Said lands containing 0.1079 acre.
CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT,
UTILITIES WEST DIVISION REGINA DEV. CO. PARCELF DR. CHD.fLS•APPD.
4T' UTI LI TY EASEMENT /2 SEC. 10-49-41 SC:&U DATE 5 27 86
EXHIBIT"A" .Sh & 0 u r=
Annrwnrim
THIS ADDENDUM is attached to and made a part of the fore-
going Water and Sewer Utility and Drainage Easement between
REGINA DEVELOPMENT CORP, and THE CITY OF TAMARAC. Anything to
the contrary notwithstanding, the terms and provisions of this
Addendum are intended to and shall supercede any provisions to •
the contrary contained in the Easement. The parties hereby fur-
ther agree as follows:
1. All installation and maintenance work by Grantee over
and upon the servient estate shall be performed in as expeditious
a manner as possible so as not to unreasonably interfere with the
use of the servient estate by Grantor and other parties.
2. After installation of water and sewer utilities and
drainage facilities over or upon the servient estate, and again
after any supplemental maintenance or repair, Grantee, at
Grantee's sole expense, shall restore the servient estate to the
condition in which it existed immediately prior to such
installation, maintenance or repair.
3. Grantee hereby indemnifies and agrees to defend and
hold harmless Grantor from and against all liabilities, damages,
claims, costs and expenses whatsoever (including reasonable
attorney's fees and court costs) at all trial and appellate
levels) arising out of or in connection with Grantee's use of the
servient estate.
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