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HomeMy WebLinkAboutCity of Tamarac Resolution R-83-246Introduced by Temp. #2845 1 2 3 4 5 7 8 9 10 11 0WA 099A 14 15 16 17 20 21 22 23 24 25 26 27 28 M910 1 2 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-83-a�4w A RESOLUTION APPROVING AND ACCEPTING A FLOW-THRU EASEMENT OFFERED BY RICHARD J. MAGNER, SR., AS TRUSTEE, OF TAMARAC MARKET PLACE LAND TRUST; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Flow-Thru Easement offered by,.Richard J. Magner, Sr., as Trustee, of Tamarac Market Place Land Trust, is hereby approved and accepted. A copy of said easement is 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 Broward County, Florida. SECTION 4: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this /7_'1� day of , 1983. ATTEST: ASSISTANT CIrfY CLERK I HEREBY CERTIFY that I have approved the rm and correct- ness of this esolution. CATTMNEY Y RECORD OF COUNCIL VOTE MAYO►7: ALCK: DIST. 1, r'"Mi KRAVITZ: DIST. 2: V/M MASSARO: DIST. 3: C/M STELZER: DIST. 4: C/M KRANTZ: P1- [1 2 �v This Flo-thru Easement made this / �4 �day of 1983, by RICHARD J. MAGNER, SR,, as Trustee of , TAMARAC MARKET PLACE LAND TRUST (Grantor) and the City of Tamarac, a Florida municipal corporation having any address at 5B11 Northwest BBth Avenue, Tamarac, Florida, 33321, (Grantee), (Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, wher-ve:: the context so admits or requires). WITNESSI~M �, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referrred to as "Servient Estate") and WHERF'.AS, Grantor desires to grant unto Grantee a ncn-exclusive easement to use a portion of the servient estate; NOW, THEREFORE, in consideration of the sum of TEN DOrIARS ($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 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 through the storm drainage system to be constructed on the servient estate for rlo-thru drainage from catch basins located in the road right-of-way located adjacent to the servient estate (easement). 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. Tree provisions of this easement shall be banding on the parties - hereto and the respective successors and assigns as a covenent running with and binding upon the servient estate. - 1 - 4. 7his easement shall oat be released or altered without consent of the Grantee. IN WI7MM *007, Grantor has bereunto set his hand and seal on the daffy and year first above written, .geed, sealed and (GRAMM) !livered the presence of: TAMARAC MARKET PLACE LAND TRUST i.. mess RICHAR4%J. GNE R., s Trustee tness Signed, maled and (GRANTEE) delivered in the ce of: �'777 ofTwaarft fitness ,�Tr WAffi4aL_C_1tj _0� By: K I L r - __q ,.A �� NAL Witness - T. - :7-;- ' G' Z'eK I HMUEY CERTIFY that I have approved the foam and correct- ness of this Iit,ility Easement. bell •a : •.M •,. I HOUBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the (kKmty aforesaid to take acknowledgments, personally appeared RICHARD J. MAGNER SR. as Trustee of TAMARAC MARKET PLACE LAND TRUST to me known to be the person described in and who executed the foregoing instrument and has &Cknowle%,ed before me that he executed the same. Winws alp hand and official seal in the Co mty and State last aforesaid this ? day of 7 A.D. AM. NOTARY PUBLIC My commission Expires: Notary Put;lic, Florida, State at Rave My Commission Expires June 17, 1985 Bonded thru Jedcn lnrurTnrp C.^r:c/ -2- i STATE OF ILCPlM CULVIT CF BiOWAHD I HEREBY CERMY that on this day, before me, an Officer duly authorized in the State aforesaid and in the Coynty aid to take a6mawlediginents, personally appeared to me knave to belie person described in and who executed the foregoing instrument and acknowledged before me that-,,6w- executed the same. WITNESS my baud and official eat in the ty and State last aforesaid this / 1`- day of A.D. 1983. NQTARY PUBLIC STATE OF FLORIDA Al EAg_Qj MY CDs'AMISSION EXPITGS APR 21 1984 ROPJCcD T::RU CE cRAL 1% LJ�'DcRW'fcI1ERS Rev. 2/11/83 — 3 — cs//e A portion of Section 7, Township 49 South, Range 41 Fast, of. FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO. 21 as recorded in Plat Book 1, Page 102, of the Public Records of Palm Beach County, Florida, being more particularly des- cribed as follows: All of Tract 1, LESS the East 38.00 feet, LESS the North 38.00 feet., LESS all that external area lying. Northeasterly of an area formed by a 25.00 foot radius which is tangent to a line 53.00 feet S uth of and parallel with, the North boundary of said Section 7, and tangent to a line 53.00 feet West of, and parallel with the East boundary of said Section 7, TOGETHER WITH the North 149.00 feet of Tract 2, LESS AND EXCEPT the East38.00 feet of said Tract 2, and LESS AND EXCEPT the dedications by the Grantor of a Canal Right - of -Way being 40.00 feet in width and extending across the entire Southerly boundary of the subject property, and LESS AND EXCEPT additional Road Rights -of --Way running along the Northerly and East- erly boundary lines of the subject property and subject to a canal maintenance easement being 20.00 feet in width and running directly adjacent to and North of the above described Canal Right -of -Way and subject to utility easements all as shown on THE PHOENIX PLAT, executed by the Grantor on May 21, 1980, and prepared by Darby and Way, P.A., Professional Land Surveyors, under Job No.80-0150, consisting of two sheets. (RECORDED IN O.R. 9321, PAGE 571, B.C.R.) Said lands situate, lying and being in Broward County, Florida. (Also knovii as Tract "A" of the unrecorded Plat of THE PHOENIX PLAT). Rl a Mc Na k N LDCGtfiOM 5KE7c/L 1 I rJ EXHIBIT "A"