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Home My WebLink AboutCity of Tamarac Resolution R-84-3662 2 3 4 8 9 13 14 15 20 24 25 26 27 26 29 33' 34 3S um Introduced by _ CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-84-3.6,6 A RESOLUTION APPROVING AND ACCEPTING A BLANKET FLO-THRU.EASEMENT OFFERED BY TURNPIKE CENTER ASSOCIATES, FOR THE ISLAND CLUB APARTMENTS PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: Temp. #3387 SECTION l: That the blanket flo-thru easement offered by Turnpike Center Associates, for the Island Club Apartments Project, is hereby approved and accepted, a copy of said easement being attached hereto as Exhibit A. 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 Brcward County, Florida. SECTION 4: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this day of �� , 1984. ATTEST: 2 ITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this Resolution. _ RECORD OF COUNCIL VOTE MAYOR: KRAVITZ� DISTRICT4: V/M STEIN DI STRICT3: C/M STELZER DSTRICT2: C/M MUNITZ 0-3TRICTI: C/M BERNSTEIN i FLO--rM EASFI' W day of semm' "is Flo-thru Easement made this • a _ �P Pro 1 — 1984, by Turn ike P a r t ne r s h i the City of Tamarac. a Florida nunicipa corporation having an (Grantor) and t BBth Avprnie, Tamarac ►Flor thida► 33321► (Grantee)• address at SB11 Norwes (whenever used herein, the team "Grantor" and es here�tro►s lw wheneverude the respective successors and lassslgns of the party context so admits or requires). W17NESSM: Wes, Grantor is the owner of that certain real Property located in graward Ootmty, nnre particularly described in Exhibit "A" attached hereto, (hereinafter referrred to as "Servient Estate") and WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to use appropriate portions of the'Servient Estate except any -.w portion of said estate that may be covered by buildings or ap- pendages thereto; Nphl, 7"EFEFM, in consideration of the sum of 7M 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 acknowledged by bath 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 through the servient estate for a flo- thru drainage for the benefit of the improvements located or to be located adjacent to the Servient Estate (easement); provided, however, that Grantee shall restore the premises to its condition im- mediately prior to such installation, maintenance or repair to the extent reasonably practicable. 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 easenmts under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved inpede the easement herein granted or the exercise of the rights of use thereunder. 3. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenent running with and binding upon the servient estate. - 1 - 4. This easement shall not be released or altered with- out consent of the Grantee. Notwithstanding the foregoing, it is agreed that the description of the property described in Exhibit "A" shall be replaced after completion of drain- age facilities with a description based upon an "as -built" survey of the drainage facilities by a document executed by jPgitrr1FS the payers hereto and thereafter the Servient Estate referred to herein shall only refer to said subsequent description and not to the one contained herein. IN NIA 11iiBidl W, Grantor has hereunto set his band and seal on the day and year first above written. signed, sealed and delivered in the presence of: •r♦i, signed, sealed and delivered irk the presence of: Witness� Y MANAGER itneSS CITY CLERK I HEMY CERTIFY that I have approved the form and correct- ness of lity Easement. this7 'T%PNE CENTER ASSOCIATES BY: BAYSHORE ASSOCIATES, A FLORIDA GENE RAT PARTT%7V CUT-D By*i1-� Eric A. Traub, A General Partner (MMM) city of STATE OF FLOPMA COUMN C)F' MWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the ty aforesaid to take acknoaledpmts, Personally appeared'% .r,/eur�,i1,•� /J- to me Inom to be the person described in and who exce ed the foregoing instrument and IV_, acknowledged before me that executed the same. 1WMESS uW band and official seal in the County and State last aforesaid this a � ,;*C day of A.D. * i9&3-. 13 P,�Z Z2_dL_� 4, NOTAr P!l IC STATE OF FLORIDA NY CQNNMM.EXP JM 20,1988 awe TMM %KUL in. UMD. r STATE OF FLORIDA O xwy of SRUVPARD I }may cERr Y that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Eric A. Traub to me known to be the person described in and a►ho executed the foregoing instrument and acknowledged before me that M4 executed the same. W17NESS my hand and official seal in the County and State last aforesaid this 3� sr day of a A.D. -MM. Rev. 2/11/83 FX 0) f3 t T T� LOCATION SKETCH DESCRIPTION A PORTION OF SECTION 13, TOWNSHIP 4q SOUTH, RANGE 41 EAST, Of FORT LAUDERDALE TRUCK FARMS% ACCORDING To THE PLAT THEREOF, AS RECORDED IN PLAT Book 4, PAGE 31, OF THE PUBLIC RECORDS OF 15ROWAR12 COUNTY, FLORIDA, gEING MORE PARTICULARLY DESCRIBED A4 FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 8 OF SAID PLAT ; THENCE 5.00"IZ'12"E. ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 454,07' ; THENCE N.610I5'42" W, A DISTANCE OF 400.01' TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE N.bq'15'42"W., A DISTANCE OF 416.06% THENCE N 00'44' 18'E., A 1915TANCE OF 112.23' ; THENCE M.3b'33'14' W., A DISTANCE OF 110.00 ; THENCE N.51'26'46'E., A DISTANCE OF 5.00'; THENCE N.3b'33'14'W., A DISTANCE OF IW.00 FEET; THENCE 5.51'2446" W , A DISTANCE OF 110.00' ; THENCE s.3b,43,14,E., A DISTANCE OF Z70.00' ; THENCE N. 69' 15'42' W , A DISTANCE OF 631.77' ; THENCE N. 38033' 14'vV., A 016TANCE OF 141.49' ; THENCE N. II 54'20" w., A DISTANCE OF 22.36' ; THENCE N. 3b 33' 14' w. , A DISTANCE OF 7.05'; THE LAST THREE DESCRIBED COURSES BEING FURTHER DESCRIBED AS BEING ON THE EASTERLY R16HT-OF- WAY LINE OF TWAT CERTAIN RIGHT-OF-WAY, AS SHOWN ON THE R.O.T. R16HT-OF•WAY MAP, SECTION 66504-2403, PREPARED BY MID SOUTH ENGINEERING ; THENCE N. 51'16'44 E. , A DISTANCE OF 164.45' TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 127.15' AN ARC D15- TANCE OF 556.75' TO A POINT ; THENCE N 00'12'12"W, A 014TANCE OF 616.45' ; THE LAST �&E& D€SGR18ED COURSES BEING FURTHER DESCRIBED AS BEING ON THE SOUTHERLY AND EASTERLY BOUNDARY OF THE PLAT OF LEADERSHIP OF TAMARAC PHASE ONE, AS RECORDED IN PLAT W09 74, PAGE %, OF THE PUBLIC RECORDS OF 13ROWARD COUNTY, FLORIOA; THENCE 5.69 W42'E., A DISTANCE OF 606.43 ; THENCE 6.00 12'12"E. ALONG THE WESTERLY BOUNDARY OF COMMERCIAL PLAZA', A6 RECORDED IN PLAT BOOK $1, PAGE 50, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND 'LEM1361, AS RECORDED IN PLAT BOOK 61, PAGE 11, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AMC "LEMBO ADDITION, AS RECORDED IN PLAT Boot( %, PAGE 46, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, A DISTANCE OF 1014.4010 TO THE POINT OF BEGINNING ; LE46 AND EXCEPT A PORTION OF SECTION IS, TOWNSHIP 44 SOUTH RANGE 41 EAST, "FORT LAUDERDALE TRUCK FARMS 5u8DIV1610N", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT Gook 4, PAGE 51, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE- PARTICULARLY DESCRIBED A5 FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT b OF SAID SECTION IS; THENCE 5.00'IZ'12'E. ALONG THE EAST LINE THEREOF, A DISTANCE OF 454.07'; THENCE N.6q'154Z'W., A DISTANCE OF g37.47' TO THE POINT OF BEGINNING OF THIS DE- SCRIPTION; THENCE CONTINUE 404*15'42"W., A DISTANCE OF 631.17'; THENCE N 3$33'I4'W., A DISTANCE OF 14I.44'; THENCE N II'59'ZO W., A DISTANCE OF 22.36'; THENCE N 36'33'14"W., A DISTANCE OF 2.05'; SAID LAST MENTIONED THREE COURSES BEING COINCIDENT WITH THE EASTERLY RICiHT-OF-WAY OF COMMERCIAL BOULEVARD PURSUANT TO THAT CERTAU RIGHT-OF-WAY MAP FOR SECTION 66504- 2404, AS SHOWN ON SHEET 4 OF 14; THENCE N 51'24' 46" E., A 1215TANCE OF 164.65' TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT ; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF q27. 26', AN ARC DISTANCE OF 149.5b; THENCE S. 38 33'14"E., A DISTANCE OF 515.66 TO THE POINT OF FSEGINNING. SAID LAND CONTAIN 1478' ACRE: MORE 09 LESS 1 1 C