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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-233Temp. Reso. #9467 July 23, 2001 1 CITY OF TAMARAC RESOLUTION NO. R-2001-233 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE "TAMARAC WATER AND SEWER UTILITY EASEMENTS" WITH VARIOUS RESIDENTS OF THE TAMARAC LAKES DEVELOPMENT SECTIONS 1 AND 2, FOR THE TAMARAC LAKES SEWER EXTENSION AND WATER DISTRIBUTION PROJECT LOCATED ON THE EAST SIDE OF 21ST AVENUE JUST NORTH OF PROSPECT ROAD, TO ALLOW LEGAL ACCESS BY CITY UTILITY PERSONNEL FOR INSTALLING, MAINTAINING, AND OPERATING THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID DOCUMENTS IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the implementation of the Tamarac Lakes Sewer Extension and Water Distribution Project requires the installation of the Water Distribution and Sewage Collection System Improvements; and WHEREAS, an easement is required by City Code Section 22-191 for the Water Distribution and Sewage Collection System Improvements required to serve the Tamarac Lakes Sewer Extension and Water Distribution Project; and WHEREAS, in Tamarac Lakes Development Sections One (1) and Two (2), the owners of various properties (a copy of which is attached hereto as "Exhibit 1"), have offered the "Tamarac Water and Sewer Utility Easement" for water mains, water services, fire hydrants and sanitary sewers; and Temp. Reso. #9467 July 23, 2001 2 WHEREAS, it is the recommendation of the Director of Utilities that these easements be accepted and executed for the Tamarac Lakes Sewer Extension and Water Distribution Project; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute the "Tamarac Water and Sewer Utility Easements" with the owners of various properties in Tamarac Lakes Development Sections One (1) and Two (2), forthe Tamarac Lakes Sewer Extension and Water Distribution Project, required for the installation, maintenance and operation of the Water Distribution and Sewage Collection System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute the "Tamarac Water and Sewer Utility Easements" (copies of which are attached hereto as "Exhibit 2") with property -owners as shown in Exhibit 1, for the Tamarac Lakes Sewer Extension and Water Distribution Project, located on the east side of 21" Avenue just north of Prospect Road, to allow legal access by City Utility Personnel in performing their duties, including utility installation, maintenance and operation. SECTION 3: The City Clerk is hereby authorized and directed to record said documents in the Public Records of Broward County, SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 F L.. Temp. Reso. #9467 July 23, 2001 3 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 121" day of September, 2001. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this KE'bOILUTION as to form. ITCHEVL S. CITY ATTO REG/krw/mg i C JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ayes DIST 1: COMM. PORTNER Ay DIST 2: COMM. MISHKIN Ayei DIST 3: V/M SULTANOF A ev DIST 4: COMM. ROBERTS Ave,,_ "EXHIBIT V TAMARAC LAKES WATER DISTRIBUTION AND SEWER EXTENSION CONSTRUCTION PROJECT TEMP. RESO. #9467 Address 1. 4551 NW 16th Avenue 2. 4569 NW 16th Avenue 3. 4554 NW 16th Terrace 4. 4563 NW 16th Terrace 5. 4571 NW 16th Terrace 6. 4573 NW 16th Terrace 7. 4575 NW 16th Terrace 8. 4578 NW 16th Terrace 9. 4572 NW 17th Way 10, 4580 NW 17th Way 11. 4571 NW 19th Way Revised 8/29/01 Owner(s) Name Edith F. Morgan Fran DeGroote Maurode Desrosiers Maribel and Librada Alicea Juan & Cecilia Mercado and Antonia Zelasko Norman M. Lawson Norma Jean Saraceni Rafael Morejon Sue A. & Timothy S. Kinney Kevin J. Maddock Neil & Constance Fitzgerald "EXHIBIT 2" TEMP. RESO. #9467 TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Tamarac Lakes Water Distribution and Sewer Extension Construction Pro'ect NAME OF PROJECT On this day of , 20 00 that Maribel & Librada Alicea having an address of 4563 NW 16th Terrace, hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 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 (hereinafter "the servient estate"), and legally described as Lot 9, Block 3, TAMARAC LAKES, according to the plat thereof, recorded in Plat Book 58, Page 40, of the Public Records of Broward County Florida. Grantor hereby grants, bargains and sells to Grantee, its 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 "A", (hereinafter "the easement area"). Grantee may use the easement area for 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. 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 000810 1 Water and Sewer Utility Easement Tamarac Lakes Section 1 furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable 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. Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted, or the exercise of the rights thereunder. Grantor shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the 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. Grantor grants to the Grantee the right, temporarily, to enter onto Grantor's property for the purpose of performing all necessary work and construction associated with the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, including, but not limited to, the following: Locating and removing existing water main; locating and abandonment of existing utility service lines on property; installation of new utility service lines; locating and identifying septic tank; abandonment of septic tank on property; tie-in to new sewer system. 000810 2 Water and Sewer Utility Easement Tamarac Lakes Section 1 Grantee's right to enter onto Grantor's property for the purposes set forth above shall expire upon completion of the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, at which time the Grantee shall continue to have those access rights as granted in the perpetual easement described in Exhibit "A". 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. This instrument contains the entire agreement between the parties relating 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. 000810 3 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. A WitneSs Type Name t Wi.�•. Witness Type Name n" rU L , J -H g,12, STATE OF FLORIDA SS COUNTY OF r� : ame/Title Librada Alicea 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 Maribel Alicea and Librada Alicea to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that they executed the same.-� h4� WITNESS my hand and official seal this � day of 00(- , 20 Q\ . ( ) Personally known to me, or • •11V - • • •. �••••�rrrvr•�rrvr•rr..r..vrr.rr.' all r • �fi�•� • • — •sminal• — • o L� —q o 2 3 S L4 l �'Z S t-Co O ( X) Produced Identification 0-3L hdLt�52�25`1Lo5 Type of I.D. Produced ( ) DID take an oath, or ( X ) DID NOT take an oath. 000810 4 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By:"� Marion Swenson, C City Clerk STATE OF FLORIDA :SS COUNTY OF)5(.LV<d I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afor said and in the County aforesaid to take acknowledgments, personally appeared "Tlo- tf ,& 4. �) /1 -,L to me known to be the person(s) described in and who executed the fo egoing instrument and d I tr: r- r.. acknowledged before me and under oath that executed the same rJ ACCEPTED BY CITY OF TAMARAC GRAN EE By: Joe reiber Mar Date: () IF.1 -C%l By: Jeffrey L. ill r City Manager WITNESS my hand and official seal this i 4 day of Ll f 20 0) . DAWN M. LESNIAKOWSKI COMMISSION CC962198 NOTARY PUBLIC, State of Florida nuewc EXPIRES 04 AUG 20 20 THROUGH at Large Fwnuta ADVAr TAAW NOTARY (Name of Notary Public: Print, Stamp, ( personally known to me, or or Type as Commissioned) ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or (---)DID NOT take an oath 000810 5 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTESZhoT: By: o DIANE BLANTON, ASST SECRETARY Type Name Corporate Secretary (Corporate Seal) STATE OF KENTUCKY : SS COUNTY OF JEFFERSON MORTGAGEE By: SHAWirBIVEN, Type Name ASSISTANT VICE PRESIDENT President 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 to me known to be the person(s) described in and who executed the foregoing instrument and TTXFY acknowledged before me and under oath that THEY executed the same. WITNESS my hand and official seal this ZOTH day of AuCusT , 20 n i . 1101 L. MCLAURIN wry public, State at Large State of Kent I hny Comtjissiun xn es (xx) Personally known to me, or ( ) Produced Identification ( ) DID take an oath, or ( 000810 A vn TA PUBLIC, State of KENTUCKY at Large TOI L. MCLAURIN (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 6 Water and Sewer Utility Easement Tamarac Lakes Section 1 MAY 11 2001 15:02 9547242406 PAGE.01 DpIJO(j ;d DID1S 'IZLS# JOI(anJnS puDI •6a8 'IJom Aor opl)olj to aloiS 'LBZ£# JoAoAJnS puol '6a8 'uw(Ij salimlo laoyalyy DpuOlj JO alD}S 1169Z# jo(oAJnS puo- 60a 'QDlnd •j uyop 00, laddow p Jo(anJns suaall Dpuolj o to IDaS pasloJ Io • ,�41aJnlou6ls a Eqmw pllon 1. •salnlol pIJoIJ 'LZO ZL4 uolloas of luonsJnd 'ap03 aAI)DJIslulwpV oplJolj 'g•-LLJL9 JaldDgD ul SJOARAJnS puDl IouolssaloJd Io pJD08 DpIJOIJ ayl Aq 43J01 la-- spJDpuolS Ioopimpal wnwlulw ayl slaOW ASaAjns Io y3101S Slyl )Dql :ApjjoO AgaJaH I :NOLLV0IH1lHDO 3VSVWVI 30 AID U0=1 'lJ '3VHVNNl '3:1YKM 4P91 IS3MHLSON M IV US3dO8d S,V3onV OOOZ '9 Ai -ai v'a AFlAHns M996£ ON UaC380 .Og-.L S'TdoS DVaVwVI JO kilO G164. 'A3A8M 0131d V IN3S3dd3d ION S30a aNV A3A8nS JO HOIDIS V ION SI SIHI (i :S3lON 133J 38VnOS OLZ SNIVINVO 13MVd OIVS 'ValHOIJ 'AINnoO odVMOdB 30 S080038 0116nd ]Hi JO 017 30Vd '8S r008 IVId NI 03080038 SV „S3>jVj OVaVWVl„ JO £ N0018 '6 10-1 30 I33J 0.9 ISV3 3H1 :NOLLdIH0S33a -WOB1 se.Ovcat- a_ �► 1 ga J7o•SiG�(11CIVId ~� Mkd110ry r l �'� I �- .OD•Dz�rravH i I K IM I LM1 p ; ICp gi ,\ y i AF olum AO'oG I ; I ' e Sao p 1 ' N i 10'1 i$ i t A00-I8 ii i g 1 of 101 i $ i ,00'OL , I I r for ;$ C st ao-1 i $ z R I 1 I .00'OL c l Xl s aoo� I p R101 i m ! I ' , S at Lo7 4 00 ( ,Door ; s ( m 9 6t 101 m i P �� I n i m s aaoia i I .9001 , 6 107 I , I V OOp i r I ' � I s Mia ' $ J70OL Da 101 i i a toy � � ,00•oG I I 018£8-1# N011VZlH0Hinv JO 31V'OIJ11830 WO Z)'sJO1CaAJnspuDlao!lndoSADAJns 711VW-3 8(.LL—LLS (496) :XVJ • LLLL--ZLS (096) :3NOHd3331 MCCO `d31WO1=1 'ASIUNns �d CIVOW 1111-i 8ON Meg g� 'ONI `SUOA3Auns aNd1 aomnd A8 1V0EI1 (3NV H0133>IS V 1181HX3 "EXHIBIT 2" TEMP. RESO. #9467 TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Tamarac Lakes Water Distribution and Sewer Extension Construction P NAME OF PROJECT On this 9,S day of Sqtr t_ j r- , 20_0 that Edith F. Morgan having an address of 4551 NW 16th Avenue ,Tamarac, Florida, hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88t" 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 (hereinafter "the servient estate"), and legally described as: Lot 15, Block 2, TAMARAC LAKES, according to the Plat thereof, as recorded in Plat Book 58, Page 40, of the Public Records of Broward County, Florida. Grantor hereby grants, bargains and sells to Grantee, its 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 "A", (hereinafter "the easement area$$). Grantee may use the easement area for 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. 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 000810 1 Water and Sewer Utility Easement Tamarac Lakes Section 1 of permitting use of the easement area by one other than Grantee, except grantor may furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable 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. Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted, or the exercise of the rights thereunder. Grantor shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the 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. Grantor grants to the Grantee the right, temporarily, to enter onto Grantor's property for the purpose of performing all necessary work and construction associated with the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, including, but not limited to, the following: Locating and removing existing water main; locating and abandonment of existing utility service lines on property; installation of new utility service lines; locating and identifying septic tank; abandonment of septic tank on property; tie-in to new sewer system. 000810 2 Water and Sewer Utility Easement Tamarac Lakes Section 1 Grantee's right to enter onto Grantor's property for the purposes set forth above shall expire upon completion of the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, at which time the Grantee shall continue to have those access rights as granted in the perpetual easement described in Exhibit "A". 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. This instrument contains the entire agreement between the parties relating 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. 000810 3 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) I)d Witness Type Name/Title Type Name I"Qy`] n e 5 -� 2@IC}— i 4-k P=� l Witness Type Name e-i- eQv o-c-yhm..w STATE OF Fll, Wig: `gam n SS COUNTY OF 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 6 ' to me known to be the person(s) described in and w o execut d the foregoing instrument and acknowledged before me and under oath that 5kp_— executed the same. WITNESS my hand and official seal this �r6•;` day of , 20ob. C NOTARY PU LIC, State Of PleFida JENNIFER S. CHRISTIAN (Votary Public, Washtenaw County, MI (Name of Notary u Wic: rWi t, amp, or Type as Commissioned) ( ) Personally known to me, or (�4roduced Identification c r� OV-C Type of .D. Produced ( *,ID take an oath, or ( ) DID NOT take an oath. 000810 4 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: 1 By: Marion Swenson, MC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRAN E By: Jo S hreiber M r Date: q - - c- By' o� �_ r7 t L41 - 7 .Jeffrey IZMillef f City Manager Date: to By: I E / v MitcVeA S. Kraft, : SS City4Rttorney V COUNTY OF ll�?l.c.%fit `,%( : HEREBY CERTIFY that on this day, befe,,rne, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and I /i l q. acknowledged before me and under oath that executed the same. a WITNESS my hand and official seal this 2Q 0) ■ µ R r � ♦�tA AA AA A AAA A A• • •♦&,*AAA AA A♦I( /4 day of NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, ( -)'Personally known to me, or or Type as Commissioned) ( )Produced identification Type of I.D. Produced ( ) DID take an oath, or (') DID NOT take an oath 000810 FJ Water and Sewer Utility Easement Tamarac Lakes Section 1 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, r— . "�4 'F • o r K do hereby affirm that I am the of N W I 4 and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for 5e..d ee J- ��_ project and that I am the owner of the property covered by said Tamarac Utilities Water and Sewer Easement. There are no mortgages held on the property, which is the subject of said Tamarac Utilities Water and Sewer Easement. FURTHER AFFIANT SAYETH NOT. M r Thisal day of S,eD�c V-, b rrr_ , 20 D Q STATE OF FtEtRtBA Owl '3QK : SS COUNTY OF (11f2k4r : 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 6,L4Jj E, (nv,,QQto me known to be the person(s) described in and who executed the foregoing instrument and �,Ae acknowledged before me and under oath that �. executed t e same. WITNESS my hand and official seal this day of , 20QU . ( ) Personally known to me, or ( Produced Identification ( DID take an oath, or ( 000810 c ' r� OTARY PU LIC, State of -Flea- at Latrg—V "'^CAScz-'' .1ENNIFER S. CHRISTIAN Notary Public, washtenaw Cnuntv ®e1 (Name of Notary" VM%'XPlPfi@q,2]S>gMp, or Type as Commissioned) Type of Produced ) DID NOT take an oath. 6 Water and Sewer Utility Easement Tamarac Lakes Section 1 oPIJol3 ;o t1o1S 'L 10 aoA*AinS puo3 •69H 'Ija>I ,fop DpIJOIj i0 aiol'S •l8S£IY joAoAmS pu03 •608 'uu61j e81Io40 Ia040IW opuotj ;o a)o;S U90 JOAQAinS puo3 •6oN 'eapn Aaddow puo o6aAins suanq opuotj o 10 toss pasloJ IOU16.Jp a41 vp).. ajnlou6is a 1110411 pDA ION •saln o15 0 Ij 'IZo , uogoaS o1 luons�nd 'apoo aA11oA1s1u1wpV OP!JOIJ —LLO19 ja1dogo u! 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RESO. #9467 TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Tamarac Lakes Water Distribution and Sewer Extension Construction Pro'ect NAME OF PROJECT On this 0;—�' day of &L, _, 20a, that Fran DeGroote having an address of 4569 NW 16th Avenue Tamarac Florida, hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 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 (hereinafter "the servient estate"), and legally described as: Lot 6, Block 2, TAMARAC LAKES, according to the Plat thereof, as recorded in Plat Book 58, Page 40, of the Public Records of Broward County, Florida. Grantor hereby grants, bargains and sells to Grantee, its 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 "A", (hereinafter "the easement area"). Grantee may use the easement area for 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. 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 000810 1 Water and Sewer Utility Easement Tamarac Lakes Section 1 furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable 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. Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted, or the exercise of the rights thereunder. Grantor shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the 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. Grantor grants to the Grantee the right, temporarily, to enter onto Grantor's property for the purpose of performing all necessary work and construction associated with the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, including, but not limited to, the following: Locating and removing existing water main; locating and abandonment of existing utility service lines on property; installation of new utility service lines; locating and identifying septic tank; abandonment of septic tank on property; tie-in to new sewer system. 000810 2 Water and Sewer Utility Easement Tamarac Lakes Section 1 Grantee's right to enter onto Grantor's property for the purposes set forth above shall expire upon completion of the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, at which time the Grantee shall continue to have those access rights as granted in the perpetual easement described in Exhibit "A". 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. This instrument contains the entire agreement between the parties relating 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. 000810 3 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. A/W94t Witness I I Type Name t l Witness Type Name -fo i1 N LI)r-; STATE OF FLORIDA : SS COUNTY OF Broward (GRANTOR) Type Name/Title Fran DeGroote Type Name/Title 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 Fran DeGroote to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that she executed the same. WITNESS my hand and official seal this �' day of , 20V/ . MEUSSA GRANT COMMNMbM CCO62193 MM AuG 20 200A .onDIc *00UG + A0000M WOW ( ) Personally known to me, or .('Produced Identification PUBLIC, State of Florida Large fin e. Co cz,I (Name of Notary Public: Print, Stamp, or Type as Commissioned) FL 6LWGA)3210-27 10 Type of I.D. Produced ( ) DID take an oath, or (.DID NOT take an oath. 000810 4 Water and sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swenson, dMC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE rT By: ('I�e �� Joereiber max Date: By: X �(. /'? Jeffrey filler City Manager S. K 14.0/ : SS1)�City Attorney V COUNTY OF 12T&,�I"! "r Ct : 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 ''i��i,����i�.;� � ��-,�;/1.�- to me known to be the persons described in and rJ����r�_ O who executed the foregoing instrument and acknowledged before me and under oath that r Imo— executed the same. WITNESS my hand and official seal this 20 0 I ♦rrrrrrr♦r♦rrr♦r rr.r r.lrrrr•rrrr►\ '��L����14A44�4444��4y4 ♦�;t ' ♦44 Personally• to me, oi- Produced identification l-% day of � _l�/.� / is ;:( U �,� /i '�(•.. )l..! r -c.. j4;'.,�r'�G�—"j fi.'. �. NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( -) DID NOT take an oath 000810 5 water and Sewer utility Easement Tamarac Lakes Section 1 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE Z 9KzwTZ_ do hereby affirm that I am the O-c,.7-e,,L of j`G !! ` g and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for meJ,#,,?k x c S Ot-0,60— project and that I am the owner of the property covered by said Tamarac Utilities Water and Sewer Easement. There are no mortgages held on the property, which is the subject of said Tamarac Utilities Water and Sewer Easement. FURTHER AFFIANT SAYETH NOT. Q 2 e- (Signature) This ,�t day of 21 L , 20 0/. STATE OF FLORIDA : SS COUNTY OF 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 Fv'z-n to me known to be the person(s) described in and who executed the foregoing instrument and 5Ie-, acknowledged before me and under oath that 5ke, _ executed the same. WITNESS my hand and official seal this le—t-- day of , 2001 . MEUSSA GRANT cow MMM CCM193 E1e1M AUG 20 20DA Aowfakm "Ouff ( ) Personally known to me, or ( ,)15roduced Identification - OaA. Z�V= - ;N OTARY Y PUBLIC, State of Florida t Large e 11 S-'- X C mac. rt. (Name of Notary Public: or Type as Commissioned) Print, Stamp, F--L1�,L-qW3740-2 yq-y7-e q3--c) Type of I.D. Produced ( ) DID take an oath, or ('DID NOT take an oath. 000810 6 Water and Sewer Utility Easement Tamarac Lakes Section 1 OPljolj Io alo3S 'IZLS# joA-jnS Pu01 'Bea gjaH ADr ovuvridl 30 AlIO ucO= OP!Jo13 10 GIDIS 'IBZC# aoAa"nS Pu01 '608 'uwtlj sa1J040 100401h oPlaolj to alolS 1I69Z# aataAinS pu01 6aa 'ao u4or -u 'ovwivl '3nN3Ad 1694 1S3MHiMON 699t ld U83dONd S,31008030 Aaddo. u0 �o(an s pasuao!I OOOZ '0£ 3NI1( aiva AaAwns opuolj o to pas pas!w l0u!6IAo a4I puO anl0u6!s a4l In IM PIIoA ION •sal P!AOIj 'LZO'Zcti L956£ 'ON EJ�©E!O uolloaS of luonsind 'ap00 an!IOAlslu!ulpV Opuolj '9—LIOI9 Aaldoyo ul sAOAOAjnS pu01 IouoissaloJd Io PJoog opiaolj aql dq 4laoj las spiopuols 100iu40al wnuAlulw 84I Shaw AVAins Io 40Ia)!s sl4l lo4l �1!Ijao AgaAaH I NOI.LVOIALLEi-3O OVNVWWl -40 kLIO G-lWA 'A3A8ns 01313 V 1NIS38d3il AN S300 (INV A3AanS JO H013AS V ION SI SIHI (I �S3LON 1333 38Vf10S OLZ SNIV1N00 1308Vd OIVS -VOIHOIJ 'A1Nf100 a NVMOMB 30 S080038 3nonci 3H1 30 04 30Vd '99 N008 1V1d NI 03080038 SV .53NV1 0V21VWV1„ JO Z A0018 '9 101 JO 1333 0.9 1SV3 3Hl -N0LLdW0S3O-IVDa-I —OY-YG Wd A6 ! 1N3/13SY3 A1nLLf1 ,f � 1 a 7go1� !� I �.orre�•e•�As � i R 133H1S '419V 193MHIUON OLSL'61# N0I1VZla0Hinv JO 31V313112l30 • woo•sJOFaA-inspuoloo!lnd®sA,aAans 11VW-3 9LLI-Zlg (956) :XVA • 444t-7,15 (vS6) :3NOHd3l31 ISEEE V(31UO1d 'aSUNns CVOH -1-IIH SON 48E9 -ONI SU0A3Auns GNH1 3onnd Ike -IVOn1 CINV HCUBNS V 1191HXR • "EXHIBIT 2" TEMP. RESO. #9467 TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Tamarac Lakes Water Distribution and Sewer Extension Construction Pro'ect NAME OF PROJECT On this � h day of 11 i A 20o-o that Maurode Desrosiers having an address of 4554 NW 16t" Terrace, hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88t" 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 (hereinafter "the servient estate"), and legally described as Lot 16, Block 2, TAMARAC LAKES, according to the plat thereof, recorded in Plat Book 58, Page 40, of the Public Records of Broward County Florida. Grantor hereby grants, bargains and sells to Grantee, its 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 "A", (hereinafter "the easement area"). Grantee may use the easement area for 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. 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 000810 1 Water and Sewer Utility Easement Tamarac lakes Section 1 of permitting use of the easement area by one other than Grantee, except grantor may furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable 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. Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted, or the exercise of the rights thereunder. Grantor shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the 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. Grantor grants to the Grantee the right, temporarily, to enter onto Grantor's property for the purpose of performing all necessary work and construction associated with the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, including, but not limited to, the following: Locating and removing existing water main; locating and abandonment of existing utility service lines on property; installation of new utility service lines; locating and identifying septic tank; abandonment of septic tank on property; tie-in to new sewer system. 000810 2 Water and Sewer Utility Easement Tamarac lakes Section 1 Grantee's right to enter onto Grantor's property for the purposes set forth above shall expire upon completion of the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, at which time the Grantee shall continue to have those access rights as granted in the perpetual easement described in Exhibit "A". 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. This instrument contains the entire agreement between the parties relating 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. 000810 3 water and Sewer Utility Easement Tamarac lakes Section 1 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. i i1,�� Witness Type Name itness Type Name '�AD r l n STATE OF,FLORIDA SS COUNTY OF (C J (GRANTOR) Type Name/Title �M o,,., Code De�ra �, ers Type Name/Title 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 d-osre.•rs to me known to be the person(s) described in and who executed the foregoing instrument and �e— acknowledged before me and under oath that jn�L,— executed the same. WITNESS my hand and official seal this � day of , 20_a. (Name o ml), or Type as Commissioned) ( ) Personally known to me, or ( �oduced Identification FL. / L -# D7-&Z -5q0-77-971- O Type of I.D. Produced ( ) DID take an oath, or ( ID NOT take an oath. 000810 4 water and sewer utility Basement Tamarac Lakes section 1 e.I IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swenson, C C City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe hreiber Ma r Date: q- By: rleffrey L. ille City Manager : SS l ty Attorney v COUNTY OF �� 7i:('u�rG� I HEREBY C RTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared � GI) It-c. to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that l ice_ executed the same. WITNESS my hand and official seal this 2001 rrr•rrrrVrrrr rrrr� �r•wa�������♦ r,A�A4�wAA•AA :►'A1MAA� (� Personally known to me, or ( ) Produced identification C %4 day of a,' NOTARY PUBLIC, State of Florida at Large r (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( -) DID NOT take an oath 000810 5 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. AT B Type Name Christine A. Coutre' Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF Broward MORTGAGEE Type Name �. „tu,r,y►/'I President '10*t AgUSP BEAD /I►Illy! still 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 Frances M. Holland to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that she executed the same. WITNESS my hand and official seal this ii day of September , 2000 f 0. t4A "C Lindsay NOTARY PUBLIC, State of Flo a * *My CO► R11ssion CC874398 at Large ��11«��n�+lr up," October 18, 2003 (Name of Notary Public: Print, Stamp, or Type as Commissioned) 6a� Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath. 000810 6 Water and Sewer Utility Easement Tamarac Lakes Section 1 EXHIBIT A SKETCH AND LEGAL BY PULICE LAND SURVEYORS, INC. �S 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572--1777 • FAX: (954) 572-1778 IE-MAIL; surveys®pulicelandsurveyors.com . CERTIFICATE OF AUTHORIZATION #LB3870 LEGAL DESCRIPTION: THE WEST 6.0 FEET, THE SOUTHWESTERLY 6.0 FEET AND THE SOUTHERLY 6.0 FEET OF LOT 16, BLOCK 2 OF "TAMARAC LAKES" AS RECORDED IN PLAT BOOK 58, PAGE 40 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID PARCEL CONTAINS 270 SQUARE FEET NOTES: 1) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. FFILE: CITY OF TAMARAC SCALE= 1 "--50* ORDER NO: 39561 SURVEY DATE: JUNE 30, 2000 DESROSIERS'S PROPERTY AT 4554 NORTHWEST 16th TERRACE, TAMARAC, FL. CITY OF TAMARAC ARC-02R' CERTIFICATION* I Hereby Certify: that this sketch of survey meets the minimum technical standards set forth by the Florida Board of Professional Land Surveyors in Chapter 61017- Florida Administrative code, pursuant to Section 472.027, FI v Stat tes. Not vali ilhout th signature and the original raised seal of a Florida licen surveyor ❑ mapper. John' . Pulice, Reg. Land Surveyor #2691, State of Florido Michae horles Flynn, Reg. Land Surveyor #3281, State of Florida Jay Kerl, Reg. Land Surveyor #5721, State of Florida r4/ ' "EXHIBIT 2" TEMP. RESO. #9467 TAMARAC UTILITIES # a6 _':-r-.203� WATER AND SEWER UTILITY EASEMENT FOR: Tamarac Lakes Water Distribution and Sewer Extension Construction Project NAME OF PROJECT On this -7 day of ��T ArvgzFr- , 20ILV, that Juan & Cecilia Mercado and Antonia Zelasko having an address of 4571 NW 16t" Terrace, hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 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 rood 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 (hereinafter "the servient estate"), and legally described as Lot 5, Block 3, TAMARAC LAKES, according to the plat thereof, recorded in Plat Book 58, Page 40, of the Public Records of Broward County Florida. Grantor hereby grants, bargains and sells to Grantee, its 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 "A", (hereinafter "the easement area"). Grantee may use the easement aroa for laying, installing, rnaintaining, 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. 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 000810 1 Water and Sewer Utility Easement Tamarac Lakes Section 1 furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable 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. Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted, or the exercise of the rights thereunder. Grantor shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the 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. Grantor grants to the Grantee the right, temporarily, to enter onto Grantor's property for the purpose of performing all necessary work and construction associated with the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, including, but not limited to, the following: Locating and removing existing water main; locating and abandonment of existing utility service lines on property; installation of new utility service lines; locating and identifying septic tank; abandonment of septic tank on property; tie-in to new sewer system. 000810 2 Water and Sewer Utility Easement Tamarac Lakes Section 1 Grantee's right to enter onto Grantor's property for the purposes set forth above shall expire upon completion of the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, at which time the Grantee shall continue to have those access rights as granted in the perpetual easement described in Exhibit "A". 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. This instrument contains the entire agreement between the parties relating 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. 000810 3 water and sewer utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. � (GRANTOR) Q Witness // �,, ,, I�� n� u era o Type Name � l L�J (V Witness _ Type Name/Title Cecilia Mercado Type Name ��40 �J S�i�{° �t -- STATE OF FLORIDA SS COUNTY OF A 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 Juan and Cecilia Mercado to me known to be the person(s) described in and who executed the foregoing instrument and they, acknowledged before me and under oath that they expcuted the SaW. WITNESS my hand and official seal this � day of 2001. �GRANT CCV0193 N A PUBLIC, State of lorida tea. ONO'�21*4 i� at arge - (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ) P rsonally known to me, or FL_ t)L h1b33'fac�lS`f �� w*"� ( oduced Identification Fl- W- M1001CO�allor{y[i Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) to ss r Type NamelTitle Arftonia Zelasko Type Na Witness / ry, ,, a n Type Name/Title Type Namer 1 STATE OF FLORIDA SS COUNTY OF ebuKY 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 Antonia Zelasko to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that she executed the same. WITNESS my hand and official seal this Ie__- day of , 20C1 . AAEUSSA 0tip R/JdT COMMINK rr Na NOTARY PUBLIC, State of Florida �AuG9o20Ca at Large K*M ti6QM ADWOMNWAW (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ) Pelsonally known to me, or ( roduced Identification Type of I.D. Produced ( ) DID take an oath, or (--rDID NOT take an oath. 000810 4 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swenson, CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE R By. Jo chreiber M or Date: 0- /4 -C� 4effrey V M i 119 r City Manager Date:WKraft,' � Ap o B: itche : SS Rty Attorney V COUNTY OF LoLtla,,� G( : 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 c.1ac 2-/ fit' 1( .� ca i; �� 1 _I �.Grr to me known to be the person(s) described in and who executed the foregoing instrument and 41x(., acknowledged before me and under oath that I iLk'. c." _ executed the same. ` WITNESS my hand and official seal this 4 da of 20 G/. NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, ( v) Personally known to me, or or Type as Commissioned) ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or( -DID NOT take an oath 000810 5 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: Type Name r-gA-�m..._.Ql!t�y4 O�Q�C1�s� (Corporate Seal) STATE OF`Pt-& f SS COUNTY OF :I MORTGAGEE By: Type Name President 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 to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that S executed the same. WITNESS my hand and official seal this �'�' day of 20 CL. ( Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Floridan\a at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) (Q-%-AoD's Type of I.D. Prod ced ( ) DID take an oath, or ( ) DID NOT take an oath. 000810 6 Water and Sewer utility Easement Tamarac Lakes Section 1 • ' EXHIBIT A am SKETCH AND LEQAL BY PULICE LAND SURVEYORS, INC. P� 5381 NOB HILL ROAD �S SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 E—MAIL: surveys®puIicelan dsurveyors.com + CERTIFICATE OF AUTHORIZATION #LB3870 NORTHWEST 481h. STREET —T----------------Fes---------- -�-- rlAoue-MOOF 44.99' 45.12' RAOR1e-2600 DELTA-0"14' , A-W4T4e' ' I I I Ai1C-0.Vr _}------------- i --------------1 l4.ao' I i LOT 1 LOT a i eLoac a t 1 i i i I 70.00' ' f 1 70.00' I I I LOT a gi BLOCK a ; r LOT se $I BLOCK a ; I I I , 70.00' I 8 I LOT a ; LOT :a d i b ; BLOCK a S BLOCK a ; $ al 70.00' I L I I I I I LOT 4 L ; BLOCK a LOT 44 ff BLOCK a i ; W I I I 70.00' 0 } I 70.00' LOT C V 1^ BLOCK a a i I I I I I LOT as I F• R BLOCK a i I 70.00' I I W _ 3 I 70.00' I $� $ cc LOT e 1 O BLOCK a I Z g i LOT as i$ 70W I� BLOCK i I lif I I I I I I I 1 i 70.00' I ; KOCK a I 1LOT g I II I ' LOT at ; I 70.00' ' I BLOCK a iLOT a I 1 BLOCK a 70,0(Y b I $4 � � � I I I I I I I LOT !O i I 70,00' ' BLOCK a I I LEGAL DESCRIPTION: THE EAST 6.0 FEET OF LOT 5, BLOCK 3 OF "TAMARAC LAKES AS RECORDED IN PLAT BOOK 58, PAGE 40 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID PARCEL CANTAINS 270 SQUARE FEET NOTES: 1) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. [45711 E. CITY OF TAMARAC CERTIFICATION= ALEI 1~=�JO~ I Hereby Certify: that this sketch of survey meets the minimum technical standards set forth by the Florida Board of Professional Land Surveyors DER NO.: 395618 in Chapter 61C17-6, Florida Administrative code, pursuant to Section 472.027, Florida 5 es. RVEY DATE: JULY 6, 7000 Not valid with the ignature and the al raised seal of a Florida licensed sur yor on mapper. CADO/ZELASKO-S PROPERTY AT NORTHWEST 16th TERRACE, TAMARAC, FL John F. ulic , eg. Land Surveyor #2691, State of Florida Michael Charles Flynn, Reg, Land Surveyor #3281, State of Florida R= CITY OF TAMARAC Jay Keri, Reg. Land Surveyor #5721, State of Florida ,.r "EXHIBIT 2" TEMP. RESO. #9467 TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Tamarac Lakes Water Distribution and Sewer Extension Construction Pro'ect NAME OF PROJECT On this day of , 20—, that Norman M. Lawson having an address of 4573 NW 16th Terrace, hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 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 (hereinafter "the servient estate"), and legally described as Lot 4, Block 3, TAMARAC LAKES, according to the plat thereof, recorded in Plat Book 58, Page 40, of the Public Records of Broward County Florida. Grantor hereby grants, bargains and sells to Grantee, its 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 "A", (hereinafter "the easement area"). Grantee may use the easement area for 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. 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 000810 1 Water and Sewer Utility Easement Tamarac Lakes Section 1 furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable 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. Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted, or the exercise of the rights thereunder. Grantor shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the 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. Grantor grants to the Grantee the right, temporarily, to enter onto Grantor's property for the purpose of performing all necessary work and construction associated with the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, including, but not limited to, the following: Locating and removing existing water main; locating and abandonment of existing utility service lines on property; installation of new utility service lines; locating and identifying septic tank; abandonment of septic tank on property; tie-in to new sewer system. 000810 2 Water and Sewer Utility Easement Tamarac Lakes Section 1 Grantee's right to enter onto Grantor's property for the purposes set forth above shall expire upon completion of the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, at which time the Grantee shall continue to have those access rights as granted in the perpetual easement described in Exhibit "A". 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. This instrument contains the entire agreement between the parties relating 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. 000810 3 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) Type Name/Title ,Nil w•+� a� Witness Type Name Type Name/Title STATE OF FLORIDA COUNTY OF a L o�'.SS 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 to me known to be the person(s) described in and who executed the foregoing instrument and b'.' acknowledged before me and under oath that L.._ executed ,e same. WITNESS my hand and official seal this `'� day of _ A-oV" I , s JEFFREY S. LINDSTROM far o My Comm Exp. 8/27/04 No. CC 963708 11 pwwuiiy Known 00w IA. ( ) Personally known to me, or J CFFK-(" y S C, iN'h Sj-✓Z1'-' (Name of Notary Public: Print, Stamp, or Type as Commissioned) (Produced Identification qo"" j � � r,� L..c-f U Type of I.D. Produced ( ) DID take an oath, or (4 DID NOT take an oath. 000810 4 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: r Marion Swenson, CIVIC City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jo hreiber M or Date: i�-14 Cal By: �. • Ph Wq1`. /Jeffrey L. ille l� City Manager 121. G as STATE OF FLORIDA bit II S. a SS City Attorney COUNTY OF /2)t1aL [L,�, J : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State far said and in the County aforesaid to take acknowledgments, personally appeared 4y))'�'I' 'Thu".( i �, 10, J/ to me known to be the person(s) described in and who executed the foregoing instrument and -NuC Il acknowledged before me and under oath that 4 a executed the same. WITNESS my hand and official seal this )4- day of 20 0 ) DAWN M. LESNIAKOWSKI NOTARY PUBLIC, State of Florida No" COMMISSION CC962198 EXPIRES AUG 20 2004 at Large PWROA 90NM THROUGH APVANTAW NOTARY (Name of Notary Public: Print, Stamp, Personally known to me, or or Type as Commissioned) ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( 4blD NOT take an oath 000810 5 Water and Sewer Utility Easement Tamarac Lakes Section 1 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I 0 do hereby affirm that I am the of and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac forTLyY�Cs C-�g _rnn%" 11xiC.y' X-Z S �foject and that I am the owner of the prop y covered by said Tamarac Utilities Water and Sewer Easement. There are no mortgages held on the property, which is the subject of said Tamarac Utilities Water and Sewer Easement. FURTHER AFFI T SAYETH NOT. (Signature) This"- day of STATE OF FLORIDA COUNTY OF Or -Lk - SS , 204>C). 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 NgLa.., s �--, _ to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that `L4- executed the same. WITNESS my hand and official seal this 2-?' day of 20 (�P<Wersonally known to me, or ( ) Produced Identification NOT C, State of orida at Large XMREV S. LINDSTROM w puauc : MY Comm EXP. 8/27/04- No. CC M70a (Name or Type as Commissioned) Type of I.D. Produced (OQDID take an oath, or( ) DID NOT take an oath. 000810 6 Water and Sewer Utility Easement Tamarac Lakes Section 1 EXHIBIT A SKETCH AND LEGAL BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 surveys®pulicelandsurveyors.com . CERTIFICATE OF AUTHORIZATION #LB3870 1X5-TA-9UW'1 ARC-i 9-W 10. NORTHWEST 48th. STREET -T-------�� — �__- 44,W 45.12' 1• 4 LI 4-------------i r--------------'1 1 , LOT 1 BLOCK BLOCK a 70.00' I I 70.00' i LOT a ' , BLOCK a I , i LOT 20 ' ' BLOCK a ' I i I I 7aav' 1 i I � 70.001 i LOT a y 1 LOT � 1 I mom RV BLOCK a a�$ I 1 ' i2 70.00' W' LOT 4 a � � BLOCK a LOT 24 i $ BLOCK a ;o 70.00' LOT a 4 BLOCK s � LOT as I � i BLocK a I I i I I 7100' 1 I I 70.00' I I ' I 1 I I Lore BLOCK a 1 LOT Xa 7aaa' I BLOCK a ' I 1 1 I 70.00' I � I I 1 I LOT 7 BLooK a ; I I 1 1 !!II I LOT at i � i i0.00' ' i BLOCK a I Lor a ' 70.00' t BLOCK a ' t ' $ iI LOT 20 i 70.D0' 1 I BLOCK a j 1 I LEGAL DESCRIPTION: THE EAST 6.0 FEET OF LOT 4, BLOCK 3 OF "TAMARAC LAKES" AS RECORDED IN PLAT BOOK 58, PAGE 40 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID PARCEL. CANTAINS 270 SQUARE FEET NOTES: 1) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. utauS-2500' �TA�-aV4a;C ARC-MW W' =ILE: CITY OF TAMARAC CERTIFICATION: SCALE- 1"=50" Hereby Certify: that this sketch of survey meets the minimum technical standards set forth by the Florida Board of Professional Land Surveyors DRDER NO: 395618 in Chapter 61G17--6, Florida Administrative code, pursuant to Section 472,027, Florida tes. SURVEY DATE- JULY 6, 2000 JFL Not valid with the signature and the original raised seal of a Florida _AW50N'S PROPERTY AT icensed su eyor a mapper. 100 673 NORTHWEST 16th TERRACE, TAMARAC, John . Pulice, Reg. Land Surveyor #2691, State of Florida Michael Charles Flynn, Reg. Land Surveyor #3281, State of Florida FOR= CITY OF TAMARAC Jay Karl, Rag. Land Surveyor #5721, State of Florida "EXHIBIT 2" TEMP. RESO. #9467 TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Tamarac Lakes Water Distribution and Sewer Extension Construction Pro'ect NAME OF PROJECT On this day of , 20____, that Norma Jean Saraceni having an address of 4575 NW 16th Terrace, hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 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 (hereinafter "the servient estate"), and legally described as Lot 3, Block 3, TAMARAC LAKES, according to the plat thereof, recorded in Plat Book 58, Page 40, of the Public Records of Broward County Florida. Grantor hereby grants, bargains and sells to Grantee, its 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 "A", (hereinafter "the easement area"). Grantee may use the easement area for 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. 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 000810 1 Water and Sewer Utility Easement Tamarac Lakes Section 1 furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable 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. Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted, or the exercise of the rights thereunder. Grantor shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the 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. Grantor grants to the Grantee the right, temporarily, to enter onto Grantor's property for the purpose of performing all necessary work and construction associated with the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, including, but not limited to, the following: Locating and removing existing water main; locating and abandonment of existing utility service lines on property; installation of new utility service lines; locating and identifying septic tank; abandonment of septic tank on property; tie-in to new sewer system. 000810 2 Water and Sewer Utility Easement Tamarac Lakes Section 1 Grantee's right to enter onto Grantor's property for the purposes set forth above shall expire upon completion of the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, at which time the Grantee shall continue to have those access rights as granted in the perpetual easement described in Exhibit "A". 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. This instrument contains the entire agreement between the parties relating 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. 000810 3 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Witness Type Name Witness Type Name 'trAd% O E2L—vE00 STATE OF FLORIDA S COUNTY OF (GRANTOR) Type Namer itle Type Name/Title I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of resaid and in the County aforesaid to take acknowledgments, personally appeared 1`C)Ma f LSC 1 I to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this _� day of 2Q�. papnela Mfara_Munoz I �•••, # CC g4112E� .Commission 2003 00- Expires Feb.2l, y - Bonded 'I� u Inn 'h},P~ Atlanta�p°ndin ( ) ersonally known to me, or ( Produced Identification NOTARY P at Large of Florida (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 000810 4 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swenson, CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE ,17 Rchreibe"r Date: 0- /4 - 0/ 4,4Jeffrey L. ille City Manager By: V " Mitch S. Kraft, ✓ ,-C : SS City Attorney COUNTY OF — co`m : 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 ' '1 �Ft D& �P r�i, �. �l/,lL�.v to me known to be the person(s) described in and who executed the foregoing instrument and /r'2r c acknowledged before me and under oath that 41u:Li executed the same. WITNESS my hand and official seal this 14 day of z (.E_/)�-- -Ji..c -Ad , 200 . Fill b. TKI4,1047-1-MIRT-A !AILALAA,A,AAA,AALAAAA�,A.i,!'�i,*L"-A#AAA*,a NIR ■ ( —� Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or( .y5lD NOT take an oath 000810 5 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: By. Type Name (Corporate Seal) STATE r �ti�JrtLri� : SS COUNTY OF MORTGAGEE Pr, I By: ix--, < 4 Type Name c:C S I C�D� I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afgrresaid and in the County aforesaid to take acknowledgments, personally appeared e-d C C-y1 to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this t1 day of , 2Q_DL- aa% G\A WA r ba�o ITM N�a f� •�r� .-OW 65m 4S�N COl1�;y ate® 4. 1 �7;"PWDPa�e \(/4 Personally known to me, or ( ) Produced Identification - �9 L ,U� L&CdJZ4� NOTARY PUBLIC, State of-Rer-id& tV0 at Large P eLi.Qi W c9CtL r-3 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D, Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 000810 6 Water and Sewer Utility Easement Tamarac Lakes Secdon 1 MAY 11 2001 15:02 9547242406 PAGE.01 EXHIBIT A SKETCH AND LEGAL BY POLICE LAND SURVEYORS, INC. �s 5381 NOS HILL ROAD P� SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 E—MAIL: surveys®pulicelondsurveyors.com . CERTIFICATE OF AUTHORIZATION #L83870 RADue'l-� O0 A N�1 AM-0D.'ii' 10. NORTHWEST 46th. STREET I, r8L*CK LOT 7 NNBLOCK a70.00•I I , I 70.00• $; LOT 2 i $ ' LOT 2e , $' I BLOCK a , i i I BLOCK a I , 70.00- , I 7oao• s ; i Ba i $ I LOT 2 1$ ; j i $ I W BLOCK", , 70.00, I 7a.a0• ' 1 LOT 4 iLOT 24 BLOCK a iBLOCK a 1 7000• e ' ' 70DU ' � I LOT a � BLOCK a • LOT as � I ' $ I I BACK a ; 70.00- ' i I 70.00• I I LOT e BLOCK a � $ $ ♦d I ' ' I LOT 22 BLOCK a I , I iO.00• I I I 70.00• I I; LOT 7 BLOCK a I I i I LOT 21 ; I 70,00• 1 I BLOC.a I I I LOT a I BLOCK 2 , Ii I 70.017 $I I I I I I I I I I I I $ I 1 LOT 20 I I 7QOa• I I BLOCK a I I LEGAL DESCRIPTION: THE EAST 6.0 FEET OF LOT 3, BLOCK 3 OF "TAMARAC LAKES" AS RECORDED IN PLAT BOOK 58, PAGE 40 OF THE PUBLIC RECORDS OF BROWARD COUNTY. FLORIDA. SAID PARCEL CANTAINS 270 SQUARE FEET NOTES: 1) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. w1Mue-26Ao' 9 TA-BGr�43'46 AAC-0D.16• 00' E CITY OF TAMARAC CERTIFICATION= LE 1".�50" I Hereby Certify. that this sketch of survey meets the minimum technical standards set forth by the Florida Board of Professional Land Surveyors DER NO: 39561E in Chapter 61G17-6. Florida Administrative code, pursuant to Section 472,027. Florida Statutes. RVEY DATE JULY fi, 2000 [457.51' Not valid without t .tur.e and the original raised seal of a Florida licensed survey. and upper. ACENI'S PROPERTY AT NORTHWEST 16thTERRACE, TAMARAC FFL John . ce, Reg.Land Surveyor #2691, State of Florida Michael Charles Flynn, Reg. Land Surveyor #3281. State of Florida R. CITY OF TAMARAC Jay Ked, Reg. Land Surveyor #5721, State of Florida "EXHIBIT 2" TEMP. RESO. #9467 r TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Tamarac Lakes Water Distribution and Sewer Extension Construction Proiect NAME OF PROJECT On this ��ay of V,-CtC1 , 20! � that Rafael Morejon having an address of 4578 NW 16th Terrace, hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 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 (hereinafter "the servient estate"), and legally described as Lot 28, Block 2, TAMARAC LAKES, according to the plat thereof, recorded in Plat Book 58, Page 40, of the Public Records of Broward County Florida. Grantor hereby grants, bargains and sells to Grantee, its 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 "A", (hereinafter "the easement area"). Grantee may use the easement area for 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. 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 000810 1 water and Sewer Utility Easement Tamarac Lakes Section 1 r aJ ftinish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable 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. Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted, or the exercise of the rights thereunder. Grantor shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the 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. Grantor grants to the Grantee the right, temporarily, to enter onto Grantor's property for the purpose of performing all necessary work and construction associated with the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, including, but not limited to, the following: Locating and removing existing water main; locating and abandonment of existing utility service lines on property; installation of new utility service lines; locating and identifying septic tank; abandonment of septic tank on property; tie-in to new sewer system. 000810 2 Water and Sewer Utility Easement Tamarac Lakes Section 1 r Grantee's right to enter onto Grantor's property for the purposes set forth above shall expire upon completion of the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, at which time the Grantee shall continue to have those access rights as granted in the perpetual easement described in Exhibit "A". 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. This instrument contains the entire agreement between the parties relating 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. 000810 3 Water and Sewer Utility Easement Tamarac lakes Section 1 f INN WITNESS WHEREOF, year first above written. Grantor has hereunto set his hand and seal on the day and Witness ���� Type Name �-�• I _ STATE OF FLORIDA SS COUNTY OF OU-0rH : ( TOR) Type a e tie Rafael-Y43arejon Type Name/Title 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 Rafael More j on to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal thisZ day of __�, 20�. ( ) Personally known to me, or (>.::I Produced Identification - •All• •. • - *r�••♦ter• •VVVVVV ♦r�rvrrr.rrr•� • • r� • i 1 i or Type as Commissi 2 I G Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 000810 4 Water and Sewer Utility Easement Tamarac Lakes Section 1 r IN "WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: ^ Marion Swenson, 6MC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jo chreiber Mayor Date: q.- / I - C" / �By: L . f167 41-1 Jeffrey L./Miller' City Manager Date,: / 0- I/ -Of L Q A SS City Attorney U COUNTY OF "L �C°i "} �'( : 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 i to me known to be the persons) described in and who executed the foregoing instrument and 4 %t: c,,acknowledged before me and under oath that i ( �. I executed the same. WITNESS my hand and official seal this day of I' i-)'/ (/L 20 C' i . r -1 �. • ■ ■ ( ✓� Personally known to me, or ( ) Produced identification NOTARY PUBLIC, "State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( �,"DID NOT take an oath 000810 Water and Sewer Utility Easement Tamarac Lakes Section 1 (DAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT �G do hereby affirm that I am the UJ �) of !oXF L and that I have executed a Tamara Utilities Water and Sewer Easement with the City of Tamarac for W Pr Tc1L d & ep- project and that I am the owner of the property covered by said Tamarac Utilities Water and Sewer Easement. There are no mortgages held on the property, which is the subject of said Tamarac Utilities Water and Sewer Easement. FU HER AFFIAW AYETH NOT. (Signature) This�-,7-day of VA 200/. STATE OF FLORIDA SS COUNTY OF TDJ3nCd: I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of id and in the County aforesaid to take acknowledgments, personally resa appeared 1' ' f1 to me known to be the person(s) described in and who executed thd foregoing instrument and jN—�- acknowledged before me and under oath that fV, executed t,�hp same. WITNESS my hand and official seal this 2-2' day of _ COL-1 20C--)\. ( ) Personally known to me, or Produced Identification NOTARY PUBLIC, State of Florida at Large DOR AI N I. BOTERO MMMISliI M DD022390 i� EXPIRES MAY 01 2008 • \ Vr-i4 �rJM IT AAAA Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 000810 6 Water and Sewer Utility Easement Tamarac Lakes Section 1 EXHIBIT A SKETCH AND LEGAL BY PULICE LAND SURVEYORS, INC. �s 5381 NOB HILL ROAD �..;� SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572--1777 • FAX: (954) 572-1778 E-MAIL: surveys®pulicelondsurveyors.com - CERTIFICATE OF AUTHORIZATION #LB3870 RADWS-2SAL OE3 A ems' ARC-M.3W B9 NORTHWEST 48th. STREET •I 44M' 45.12' 8 r -----p ---- - ----------- LOT 7 i LOT 20 I I BLOCK 2 BLOCK 2 1 I 1 iI g I I I I 1 70.00' I r Vs UTo i;-i-Cn�-* 1 BY P.B. 58-40 1 LOT 2 1 BLOCK 2 r I LOT 28 I i3 °I BLOCK 2 IN I Jq, I I I 70.00' I I 70.00' I LOT 2 LOT 27 I I I BLOCK4 Y i BLOCK 2 I I 70AO 1 I I S' uTIUTY ESSEMEN 7 r I By P.B. 88-40 i t 0i LOT 4 I Il BLOCK 2 LOT sa I I BLOCK 2 a I l I � I I w I L--- �'6.e0- - - - r J' VTwTr EASEi�rN��� i Z 70.00' I BY P.B. 58-40 LOT 5 I I BLOCK 2 I I b j LOT U I I Na I BLOCK 2 I I 70.017 e 1 �.JI I I I 70.00' I I $l LOT 0 I BLOCK 2 i I LOT 24 I$ I I s BLOCK 2 I 1 I 1 I 70.00' 1 I I I 70.00' I I I I I i 81 LOT 7 I BLOCKS I b LOT 22 $ j 4 i10 I BLOCK 2 I 70.00' I r I I I I I 3' uTIIITY EASENrH_y LOT B I BY P.B. SB-�D BLOCK 2 I I I 'a I LOT 22 I BLOCK 2 L----7a,,w ---- I I I I r 3' uT&YEASEMEN�—+ I I I BY P.B. 58-�0 LEGAL DESCRIPTION; THE WEST 6.0 FEET OF LOT 28, BLOCK 2 OF "TAMARAC LAKES" AS RECORDED IN PLAT BOOK 58. PACE 40 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID PARCEL CONTAINS 270 SQUARE FEET NOTES- 1) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. RADIUS-26.a0' DELTA•e� .4qC`-aD.76' I� i r I r.D0' �i r , 7- i w s I l, ,m r (- (O W FILE: CITY OF TAMARAC CERTIFICATION= SCALE 150" I Hereby Certify. that this sketch of survey meets the minimum technical standards set forth by the Florida Board of Professional Land Surveyors ORDER NO: 39561 in Chapter 61G17-6, Florida Administrative code, pursuant to Section 472,027, Florida Statutes, SURVEY DATE JUNE 30, 2000 Not valid wltho signature and the original raised seal of a Florida licensed $ ur or and upper. MOREJON'S PROPERTY AT �4578 NORTHWEST 16th TERRACE, TAMARAC, FL. John u ce, Reg. Land Surveyor._ #2691, State of Florida Michael axles Flynn, Reg. Land Surveyor #3281, State of Florida FOR= CITY OF TAMARAC Jay Kerl, Reg. Land Surveyor #5721, State of Florida "EXHIBIT 2" TEMP. RESO. #9467 TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Tamarac Lakes Water Distribution and Sewer Extension Construction Protect NAME OF PROJECT On this day of , 20_, that Sue A. & Timothy S. Kinney having an address of 4572 NW 17th Way, hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 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 (hereinafter "the servient estate"), and legally described as Lot 18, Block 6 of Tamarac Lakes according to the Plat thereof, recorded in Plat Book 58, Page 40, of the Public Records of Broward County, Florida. Grantor hereby grants, bargains and sells to Grantee, its 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 "A", (hereinafter "the easement area"). Grantee may use the easement area for 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. 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 000810 1 Water and sewer Utility Easement Tamarac Lakes Section 1 furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable 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. Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted, or the exercise of the rights thereunder. Grantor shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the 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. Grantor grants to the Grantee the right, temporarily, to enter onto Grantor's property for the purpose of performing all necessary work and construction associated with the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, including, but not limited to, the following: Locating and removing existing water main; locating and abandonment of existing utility service lines on property; installation of new utility service lines; locating and identifying septic tank; abandonment of septic tank on property; tie-in to new sewer system. 000810 2 water and Sewer Utility Easement Tamarac Lakes Section 1 Grantee's right to enter onto Grantor's property for the purposes set forth above shall expire upon completion of the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, at which time the Grantee shall continue to have those access rights as granted in the perpetual easement described in Exhibit "A". 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. This instrument contains the entire agreement between the parties relating 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. 000810 3 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Witness ��//' n Type Name l e Or fit/ D-Lt-�- gr'�� Witness Type Name STATE OF FLORIDA 5S COUNTY OF 8XLOa. : Type Name/Title . p.K. ! 1 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 �-- TWZ to me known to be the person(s) described in and who executed the foregoin instrument and ttkaq acknowledged before me and under oath that i LAAd executed 4e same. WITNESS my hand and offici I seal this RS day of Marc , 2001 . NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ) Personally known to me, or ( \,KProduced Identification Fion � P • L Type of I.D. Produced See, K'vLtc-cj ( ) DID take an oath, or ( ) DID NOT take an oath. OO g �—� � 41q, ��tv% ��i vtvte �/ i{ 000810 4 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: 1 By: L"'� Marion Swenson, CMC City Clerk ACCEPTED BY CITY OF TAMARAC GRAN EE By: Jo hreiber M r Date: 0 14 - Ul Jeffrey L ille City Manager D " /�-I) . Cal pprovp(IMs By: STATE OF FLORIDA MitchM S. Kr , : SS( -,City Attorney COUNTY OF !J —"-t 3 A : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State gl7foresaid and in the County aforesaid to take acknowledgments, personally appeared l'r�'hr'jt. Lbl I jf-4rx, to me known to be the person(s) described in and who executed the foregoing instrument and I)c _ acknowledged before me and under oath that 4 lLr t..- executed the same. 0 WITNESS my hand and official seal this /4- day of I,C/: 20 .rt♦rC rrr rVT vvvv♦r►rrr♦♦•♦rr�r r � 'ww.�a. a.aaa :♦ . � Personally knownto me, or Produced identification NOTARY PUBLIC, -State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (✓}--DID NOT take an oath 000810 5 Water and Sewer Utility Easement Tamarac Lakes Section 1 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Sue A. and Timothy S. Kinney do hereby affirm that I am the owner of 4572 NW 17t" Way, Tamarac, Florida, and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for Water and Sewer Construction project and that I am the owner of the property covered by said Tamarac Utilities Water and Sewer Easement. There are no mortgages held on the property, which is the subject of said Tamarac Utilities Water and Sewer Easement. STATE OF FLORIDA : SS COUNTY OF BROWARD FU THER AFFIANT SAYETH OT. r n (Signatfiresj�J This 'Z day of "I _ , 20 6 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 Sue A. and Timothy S. Kinney to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this c.V e day of Q- 20 M . or Type as Commissioned) ( ) Personally known to me, or ( Produced Identification �t- _ VCR- S1-7-.5-1�f-1140 (Tir-K Type of I.D. Produced ( ) DID take an oath, or ( W5'1D NOT take an oath. 000810 6 Water and Sewer Utility Easement Tamarac Lakes Section 1 E-MAIL EXHIBIT A SKETCH AND LEGAL BY POLICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 surveys0pulicelandsurveyors.oam . CERTIFICATE OF AUTHORIZATION #LB3870 10.OQ d1 NORTHWEST 40th. STREET �•! I LOT 24 I $ BLOCK a bl LOT , ; BLOCK a ,d I I I I I I 70.00' 3' U11Utr E 4EB ' 1 BY P.D. S8-E-M I I j LOT 2 7� 8 ' LOT 21 i8 i BLOM a � eLppE e , w� I I I q I 70.00• 70.00" 1 $ LOT 90 8 I� BLOCK a w � I LOT e �i BLOCK e I� � 70.00, i 70-00, iI Ii � ; / LOCK 1BG ' I $� BLOOCCK0 ' I I , i 3 UTILITY EASEMENS- I BY P.B. 58-40 1 r3' UTILITY EASEYEB�� 1 1 BY P.B. 58-W LOT 1e BLOCK e ; 1 i I LOT B vi BLOCK e 1 70.00' � I 1 7a00• 1 I , 1 �1 LOT e i I 1 LOT 17 BLOCK e , I I , ' BLOCK a I w� 70.00- 70.00' I , � 1 LEGAL DESCRIPTION: THE WEST 12.0 FEET OF LOT 18, BLOCK 6 OF "TAMARAC LAKES" AS RECORDED IN PLAT BOOK 58, PAGE 40 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID PARCEL CONTAINS 540 SQUARE FEET NOTES- 1) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. G• rSURVEY E: CITY OF TAMARAC CERTIFICATION: ALE 1"�50� I Hereby Certify: that this sketch of survey meets the minimum technical standards set forth by the Florida Board of Professional Land Surveyors DER NO.: 39561A in Chapter 61G17-6, Florida Administrative code, pursuant to Section 472-027, F tatutes. DATE JULY 6, ZC00 Not v without he signature and the original raised seal of a Florida lice ed surveyor and mapper. NEYS PROPERTY AT 2 NORTHWEST 17th WAY, TAMARAC, FL. n F. Pulice, Reg. Lan urveyor �/2B91, State of Florida MicaelCharles Flynn, Reg. Land Surveyor #3281, State of Florida R: CITY OF TAMARAC Joy Keri, Reg. Land Surveyor #5721, State of Florida J A "EXHIBIT 2" TEMP. RESO. #9467 TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Tamarac Lakes Water Distribution and Sewer Extension Construction Project NAME OF PROJECT On this 24 thday of Jul , 2001 , that Kevin J. Maddock having an address of 4580 NW 17th Way, hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, (hereinafter "Grantee"), subject to the following provisions and in consideration of tiie 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 (hereinafter "the servient estate"), and legally described as Lot 22, Block 6 of Tamarac Lakes according to the Plat thereof, recorded in Plat Book 58, Page 40, of the Public Records of Broward County, Florida. Grantor hereby grants, bargains and sells to Grantee, its 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 "A", (hereinafter "the easement area"). Grantee may use the easement area for 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. 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 000810 1 Water and Sewer Utility Easement Tamarac Lakes Section 1 furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable 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. Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted, or the exercise of the rights thereunder. Grantor shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the 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. Grantor grants to the Grantee the right, temporarily, to enter onto Grantor's property for the purpose of performing all necessary work and construction associated with the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, including, but not limited to, the following: Locating and removing existing water main; locating and abandonment of existing utility service lines on property; installation of new utility service lines; locating and identifying septic tank; abandonment of septic tank on property; tie-in to new sewer system. 000810 2 Water and Sewer Utility Easement Tamarac Lakes Section 1 Grantee's right to enter onto Grantor's property for the purposes set forth above shall expire upon completion of the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, at which time the Grantee shall continue to have those access rights as granted in the perpetual easement described in Exhibit "A". 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. This instrument contains the entire agreement between the parties relating 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. 000810 3 Water and Sewer Utility Easement Tamarac Lakes Section 1 0 0 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Witness Type Name K Cy Witness Type Name _wl;5� C7 &, STATE OF FLORIDA SS COUNTY OF yd : (GRANTOR) yam r AMirmif Type Name/Title 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 G to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that Y,,_Q_ ^ executed the same. WITNESS my hand and official seal this 1 day of `�� , 20LL�_. ( ) Personally known to me, or ( :-Produced Identification .� at Large �-I32o_sl 0 5 old t 3c� Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath. 000810 4 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ACCEPTED BY CITY OF TAMARAC GRANT E By. Joe reiber Mayor Date: a-l�'l -C%l ATTEST: By:� Jeffrey it r By: r\% , ( City Manager Marion Swenson, CIVIC City Clerk Dat ; `�-1 i -%� to STATE OF FLORIDA Mitch I S. Kraft, ' / SS City orney V COUNTY OFI'ciiti I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State foresaid and in the County aforesaid to take acknowledgments, personally appeared Clla£-11r'ecto me known to be the person(s) described in and who executed the foregoing instrument and ft < acknowledged before me and under oath that { io c executed the same. WITNESS my hand and official seal this /4' day of 2001 . DAWN M. IESNIAKOWSKI p COM&USSiON CC962198 a, EXPIRES AUO 20 2004 110NI eo NkftoM AWANtAGE NM44Ry ( �) Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large ) Jrl ILI ell"-eS 1')//'_5"lam. (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (1) DID NOT take an oath 000810 rJ Water and Sewer Utility Easement Tamarac lakes Section 1 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. (Corporate Seal) STATE OF FLORIDA : : SS COUNTY OF HILLSBOROUGII MORTG GEE T,YPe Name Tamara M. Azi; Assistant Vice President _4 ^ 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 Tamara M. Aziz to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that she executed the same. WITNESS my hand and official seal this 24th day of July , 20 01 . MMWIEVESS MYCOMMISSM#CC92M4 EXPIRES: March 20, 2004 NOTARY PUBLIC, State of Florida - - E4--'. Bonded TW Notary PuMic Unda wrNsrt at L a rg e ( Ix ) Personally known to me, or ( ) Produced Identification Ann —Marie Vess (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath. 000810 6 Water and Sewer Utility Easement Tamarac Lakes Section 1 EXHIBIT "A" SKETCH AND LEGAL BY PULICE LAND SURVEYORS, INC. P� 5381 NOB HILL ROAD �,,$ SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 E—MAIL: surveysopulicelandsurveyors.com . CERTIFICATE OF AUTHORIZATION #L83870 Ari0y20,e0' NORTHWEST 49th. STREET -------------� --------------- I 1 jjpp N1 N LOT 22 I O BLOCK 0 LOT 1 , BLOCK B i r unun EAS[Aur I BY P,B, 58-40 i I LOT 4 LOT St i g BLOCK 0 ,' I BLOCK 0 1 1 UI K 3 wco s 1 � 70.D0' 70.00 D: I I I W 3 x I- BLOCK 0 d i= LOT 40 s i 8 70DO' I LOT 3 N� "LOCK 0 N 1 t 70.00' $ F co Ir x z r LOT 70 i j BLOCK 0 gI 1 $, LOT 4 I BLOCK 0 g� cc O tB.a J UnlliY EAS(NE;Tr-� 5E-40 1 LOT 1e 8 - v3' Uj; EA$EYEN.�� BY P.B. 58-gyp iI BLOCK 0 j ii $i LOT 5 BLOCK 0 � 70.00• t iLOT 17 j BLOCK 0 iI LOT 0 BLOCK B 8 v� � � 70.00' I 1 70.00' i I LEGAL DESCRIPTION: THE WEST 12.0 FEET OF LOT 22, BLOCK 6 OF "TAMARAC LAKES" AS RECORDED IN PLAT BOOK 58, PAGE 40 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID PARCEL CONTAINS 679.91 SOUARE FEET NOTES: 1) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. FILE: CITY OF TAMARAC [4580 CALE: 1 "_=50" RDER NO,t 39561 A URVEY DATE: JULY 6, 2000 ADDOCK'S PROPERTY AT NORTHWEST 17th WAY, TAMARAC,dFL, FOR- CITY OF TAMARAC CERTIFICATION: I Hereby Certify. that this sketch of survey meets the minimum technical standards set forth by the Florida Board of Professional Land Surveyors in Chapter 61G17-6, Florida Administrative code, pursuant to Section 472.027, Florid tutes. Not volld out lh signature and the original raised seal of a Florida livens surveyor d mapper. Jo F. Pulice, Reg. Land Surveyor #2691, State of Florida Michael Charles Flynn, Reg. Land Surveyor #3281, State of Florida Joy Keri, Reg. Land Surveyor #5721, State of Florida "EXHIBIT 2" TEMP. RESO. #9467 TAMARAC UTILITIES WATER AND SEWER UTILITY EASEMENT FOR: Tamarac Lakes Water Distribution and Sewer Extension Construction Project NAME OF PROJECT On this .3O day of P(f-4- (L— , 20,) (, that Neil Fitzgerald and Constance Fitzgerald having an address of 4571 NW 19th Way,Tamarac, Florida, hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88th Avenue, Tamarac, Florida, 333321, (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 (hereinafter "the servient estate"), and legally described as: Lot 6, Block 10, TAMARAC LAKES, according to the Plat thereof, as recorded in Plat Book 58, Page 40, of the Public Records of Broward County, Florida. Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, a perpetual easement under, over and 1upon a 'partion of the servient estate, a legal description of which is attached hereto as Exhibit "A", (hereinafter "the easement area"). Grantee may use the easement area for 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. 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 000810 1 Water and Sewer Utility Easement Tamarac Lakes Section 1 of permitting use of the easement area by one other than Grantee, except grantor may furnish an easement to Florida Power and Light, Bell South, Sunrise Gas or franchised cable 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. Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted, or the exercise of the rights thereunder. Grantor shall hold Grantee harmless from and against all claims, liability and expense arising from the aforesaid removal of obstructions, including the expense of removing, relocating, restoring and replacing same. Grantor grants to the 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. Grantor grants to the Grantee the right, temporarily, to enter onto Grantor's property for the purpose of performing all necessary work and construction associated with the Tamarac Lakes Water Distribution and Sewer Extension Construction Project, including, but not limited to, the following: Locating and removing existing water main; locating and abandonment of existing utility service lines on property; installation of new utility service lines; locating and identifying septic tank; abandonment of septic tank on property; tie-in to new sewer system. 000810 2 Water and Sewer Utility Easement Tamarac Lakes Section 1 Grantee's right to enter onto Grantor's property for the purposes set forth above shall expire upon completion of the Tamarac lakes Water Distribution and Sewer Extension Construction Project, at which time the Grantee shall continue to have those access rights as granted in the perpetual easement described in Exhibit "A". 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. This instrument contains the entire agreement between the parties relating 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. 000810 3 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Witness Type Name /'i It, t-IigrU Witness -- Type Name i STATE OF FLORIDA COUNTY OF (GRANjOR Type Name/Title-Fitzcerald L L Type Name/Title Constangdauerald 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 Neil and Constance Fitzgerald to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this -30 day of 1,' L , 2001. ( ) Personally known to me, or Produced Identification NOTARY IC State of Florida at Large 4eyp� TABATHIA PETERS .� MY COMMISSION # CC 92 M6 I�OFfl��� EXPIRES: Mar30.2W4 (Name o a"' "°� p, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 000810 4 Water and Sewer Utility Easement Tamarac Lakes Section 1 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swenson, CMC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe reiber Ma Date: (� . /'-j -()/ BY: i ti,PJeffrey L. Iler City Manager / Date. A rove to f V: itehel . Kraft, SS L9 ty AVmey COUNTY OF 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 jLr, Il{.r to me known to be the person(s) described in and who executed the foregoing instrument and /- acknowledged before me and under oath that %L,c c 1, executed the same. ` 20 Cs WITNESS my hand and official seal this j1 day of DAWN M. LESNIAKOWSKI NOTNW COMMISSION CC962198 PUBM ST4 EOF EXPIRES AUG 20 2004 q, WrVi) TMRouoH AW44tobi NOTARY ( �S Personally known to me, or ( ) Produced identification �,���1:"%:X 1, I a( , `��. •.i �(: !� �'c%'ir /��-,�J, NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (--) DID NOT take an oath 000810 5 Water and Sewer Utility Easement Tamarac Lakes Section 1 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Neil and Constance Fitzgerald do hereby affirm that I am the owners of 4571 NW 19th Way, Tamarac Florida and that I have executed a Tamarac Utilities Water and Sewer Easement with the City of Tamarac for Water Distribution and Sewer Extension Construction project and that I am the owners of the property covered by said Tamarac Utilities Water and Sewer Easement. There are no mortgages held on the property, which is the subject of said Tamarac Utilities Water and Sewer Easement. URTHER AFFIANT %AYETH POT. (Signat*es) This day of , 2001. STATE OF FL RIDA SS COUNTY OF (� 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 Neil and Constance Fitzgerald to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this 30 day of..��i^, % , 2001. TA13ATI-IIA PETERS t MY COMMISSION # CC 923866 "boa$ EXPIRES: Mar3a,2IKM t-0l>D{i-Np7ARY FL Notary Service &Bonging, Inc. Personally known to me, or NOTARY PUBLIC, State of Florida at Large '/ 4k7-7� (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ) Produced Identification I Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 000810 B Water and Sewer Utility Easement Tamarac Lakes Section 1 EXHIBIT A SKETCH AND LEGAL DESCRII`w hn N BY PULICE LAND SURVEYORS, INC. +7E—MAIL: 5381 NOB HILL ROADP�SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 . FAX: (954) 572-1778 surveys®pulicelandsurveyors.com . CERTIFICATE OF AUTHORIZATION #LB3870 LEGAL DESCRIPTION: THE EASTERLY 6.0 FEET OF LOT 6, BLOCK 10 OF "TAMARAC LAKES SECOND SECTION" AS RECORDED IN PLAT BOOK 59, PAGE 46 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID PARCEL CONTAINING 195 SQUARE FEET. NOTES: 1) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 15' UTILITY EASEMENT BY PB 59-46 6' UTILITY / EASEMENT BY PS 59-46 70.00' 10I r 3' STREET LIGHTING YI EASEMENTS BY PS 59-46 70.00' g ° 9 8I i 70.00' g 0 3 8 O j7 =1 r j7 p --j 70.00';. ' Ig W 7 81 a RADIUS- 51.00' w DELTA. 38'51'31" ARC- 34.59' 6' UTILITY EASEMENT BY PB 59-46 ti• P NORTHWEST 46th STREET 70.00' 6' UTILITY EAY SE SEMENTS I/ B59-46 9 I I v OUTILITY EASEMENTS BY PB 59-48 Q U `� 70.00' I g 2 � 8 T i�B 8I 6' UTILITY ,� EASEMENTS �YI W YPB 59-46 111 IS 70.00' I 3 8j t 0) 0)Lr � U I I+ 3' STREETLIGHTING7O EASEMENT BPB 59-46S 70.00J =(r)W Ig fn 4 81 O I 6 I = z I� EASEMENTS^yI I" ~I �' 70,00, I BY PB 59-46 I 15' UTILITY O EASEMENT I �B 59-AB I 5 .:r I Z RADIUS---W DELTA. 38'51'31 . 30,52' L 6.00-A 1 ORr�w�Sr 4 sth CO I 5 g r URT 2' FENCE AND BUFFER 4 / EASEMENT BY PB 59-46 / / 3 2 FILE' CrrY OR TAMARAC SCALE: 1"-501 ORDER NO: 39719-6-10 SURVEY DATE: 6-29-00 FITZGERALD 4571 NORTHWEST 19th WAY FOR: CITY OF TAMARAC John F. Pulice, Reg, Land Surveyor #2691. Stale of Florida Michael Charles Flynn, Reg. Land Surveyor #3281, State of Florida Joy Ken, Reg, Land Surveyor #5721. State of Florida