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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-237Temp Reso # 7228 Rev. #1 - 10/11/95 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95- M l A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A DRAINAGE EASEMENT DOCUMENT FOR STORM SEWER FACILITIES TO SERVE NW 67TH STREET WITHIN THE S & N PLAT IN LAND SECTION 7; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the public interest to accept and execute a Drainage Easement document for storm sewer facilities to serve NW 67th Street within the S & N Plat in Land Section 7; and WHEREAS, it is the recommendation of the Public Works Director and City Engineer that the appropriate City Officials accept and execute a Drainage Easement document for storm water facilities to serve NW 67th Street within the S & N Plat in Land Section 7. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. 1 1 Temp Reso # 7228 Rev. #1 - 10/11/95 Section 2: That the appropriate City Officials are hereby authorized to accept and execute a Drainage Easement document for the storm sewer facilities to serve NW 67th Street within the S & N Plat in Land Section 7 (attached as Exhibit 1). Section : All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: 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 application of this Resolution. Section 5: The City Clerk is hereby authorized and directed to record this document (easement) in the public records of Broward County Florida. 2 Temp Reso # 7228 Rev. #1 - 10/11/95 Section 6: That this Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this aDay of G D , 1995. ATTEST: CAROL A. EVANS, GNIPi CITY CLERK I HEREBY CERTIFY that I have appr,d this Resolutior"s to form 1ITCHEW S. KRAFT CITY ATTORNEY GES/bl-10/25 1 i "LM4 MU, NORMAN ABRAMOWITZ ►1_ •; RECORD OF COMMISSION VOTE ".MAYOR ABRAMOWITZ _ w)IST. 1: V / M KATZ DIST. 2: COMM. MISHKIN YJ ,. - 3: COMM. SCHREIBER 1ST. 4: COMM. MACHEK At 0 3 EXHIBIT 1 DRAINAGE EASEMENT PROJECT: in Name of Project This Drainage Easement made this ___2?Y_day of , 19 9 by Tamarac , having an address of 2 15th Street.n h , (Grantor), and the City of Tamarac, a Florida Municipal corporation having and address at 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, (Grantee). (Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient Estate"); and WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to use a portion of the servient estate; NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations paid by each of the parties hereto to the other party, receipt of which is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as follows: Grantor hereby grants and conveys to Grantee, its successors and assigns, a non- exclusive easement over and upon the servient estate for the installation and maintenance of drainage facilities. 2. Grantor reserves all rights not herein granted pursuant to this easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the easement herein granted or the exercise of the rights of use thereunder. /-- �) -) 17 C� 3. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and 00vered. in the presence of. (GRANTOR) WITNESS By: Sam Butters.e id WITNESS f By: -Nathan ButimF,Vice President WITNESS�.� Gy/ -1/may STATE OF FLORIDA § COUNTY OF BROWARD § I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Sam Butters ,__to me known to be the person described in and who executed the foregoing instrument and lt�_ acknowledged before me that jig executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of L A.D., 19_ 7 ,';�' My Commission Expires: Notary Public Y /S • r� �ATTEST: By: R.S. Noe, CITY MANAGER ATTEST: By• Carol A. Evans, C M L CITY CLERK STATE OF FLORIDA COUNTY OF BROWARD ACCEPTED BY CITY OF TAMARAC, G TEE By:log Norman Abramowitz, MAYOR Date: 9-02s-- ?.7 6e'� VVVV�'� R.S. Noe, CITY MANAGER Date: /D'11� �S Ap ed as o form: By: Mitch Kraft CITY ATTORNEY 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 V10"~ 662A!Vowi&- r-- A&#5,�/,�r. to me known to be the person described in and who executed the foregoing instrument and cknowledged before me that executed the same. WITNESS n y hand and official seal at Fort Lauderdale roward County, this j�day of —G _ _ A.D., 19 1pRy P&,g O"ICIAL NOTARY SEAL O <. KAREN LEE JACKSON OOYAlISWON NU161DER T CC20310" NY COWM1IBCION EXP. OF VO MAY 14 1995 My Commission Expires: Notary P• - jr , is �J IS 3 400 Northeast Third Avenue na — MCLAUGHLIN ENGINEERING FT. LAUDERDALE, FLORIDA 33301 Telephone (305) 763-7611 ENGINEERS -SURVEYORS Telecopier (305) 763.7615 _CENTERLINE, N0.°NUMBER I XALE: 1" 40' h CANAL Rlw V rN• 99'l9'�Z"E / zC.00 N- L /N46 VA 049IEL i9' rt _ rT vrrciry eASEArrAir YO'Cwuac .vA��JC Aio r /t• ur�irr rw�,rovr A� r riV JI tO'�' o O' 7ND•ADU4NFARE ,oL Ar r (,i5 f/!I) NW. 67-".s?W9 r PARCAA 4?' S iN r,4Ar (.,-Y*tt, I&ARIN69 514OWN REFER TO RECORD PLAT <Ir,V10) ANO A$10ME THE NORTH t-WL OF PARCEL A' AS N. S9•Z9'5211L- LEGAL Mr-MM04 PREMED 54 McLRUGALM ENGINEERMC% Co. T"IS I3 s OF14 OF » NE 1995, AND DOES NOT WFERTI-M-OR OWNER54IP, 1%1515 NOT A 5UR14E4. T1415 SKEMH REFLECTS AU. EASE.M.NTS AND R1GIAT-of- Wi14S S11AW1l4 ON T41E ABOW6 REFERENtED P. t:ORD PLW. THE SIME[CT PROPEWN WAS MOT nssMAMofoR 011IE9EASEME ROAD I'tESE.RUA OUS ORR%UiT-OF- Wg4S OF ILEMPD $4 M'IgUGNIIN ENGINE RIFIG CO. IN P�Fcn OAr o rrA, I g , v Mp t3 � IZ ?�I A,G44 �IPP L oCA7•i0N M,qr Nor r•s JC.4[o SKETCH AND DESCRIPTION PROPOSED DRAINAGE EASEMENT The West 20.00 feet of Parcel "A", as measured at right angles, S & N PLAT, according to the plat thereof as recorded in Plat Book 154, Page 38 of the public records of Broward County, Florida. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and containing $,283 square feet, more or less. We hereby certify that this ekehliimeets the minimum technical standards at set forth by the Florida Board of Professional land Surveyors in Chapter B1G17-6, Florida Administrative Code, pursuant to Section 472.Gc7, Florida Statutes. Dated at Fort Lauderdale Florida this r3t lay .; J✓wr 1"s] MLRUGHILM El1CIWEE9,IWG CD. [AQL f. ALe.tEKrslN 1iF�\ST'E.RED LAND 5URUE.IA N0.418s S`CFI1E OF FLM%DR Ndr UALID UNLESS SEALED 61ti1r1 pN EM13055�D SURIIEyOR55EgL FIELD BOOK No DRAWN BY • • C� 400 Northeast Third Avenue MCLAUGHUN ENGINEERING FT. LAUDERDALE, FLORIDA 33301 Telephone (305) 763-7611 ENGINEERS -SURVEYORS Telecopier (305) 763-7616 SrA t E 1 "_ !co N � P ACC P A � swif t u3 t3 6 Acel ail FA O a L CFvsr'rs rtaciAA lD Q � 6 W.Cop NEg . `pAFZCEL �' r'.c3.C(t) ,t Pc-c (z7 �?, N 83°ZG 3/ "E N-W-1,( 67 rH 6 raEE r �& Z!3/ ►^�-- 540,Y,l'L9 W — 10ra ,50033 NoerA( 0NE, PARCDc "t3 /a' 5 DO 33"Z9 6 SKETCH AND DESCRIPTION PROPOSED DRAINAGE EASEMENT Two 20 foot drainage easements over. across and through a portion of Parcel "B". S & N PLAT. according to the plat thereof recorded in Plat Book 154. Page 36. of the public records of Broward County. Florida. and being 10 feet on each side of'a centerline more fully described as follows: Comrancing (1) at the Southwest corner of Parcel "A". of said S & N PLAT: thence South 01004145" West on the Southerly extension of the West line of said Parcel "A". a distance of 30.00 feet. thence North 89126131" East. on the centerline of the 60 foot thoraghfare dedication as shown on said S & N PLAT. a distance of 28.31 feet to a Reference Point "A": thence South 00°33'29" East. a distance of 30.00 feet to the Point of Beginning (1) of the herein described centerline: thence continuing South 00033129' East. a distance of 60.00 feet to the point of termination (1) of the herein described centerline; TOGETHER WITH: Comaiencing (2) at the aforementioned Reference Point "A": thence North 89026131" East. on the last men- tioned centerline a distance of 495.00 feet: thence South 00033129" East. a distance of 30.00 feet to the Point of Beginning (2) of the herein described centerline; -thence continuing South OD°.H3'29" East. a distance of 60.00 feet to the point of termination (2) of the herein described centerline. Certified correct. Dated at Fort Lauderdale. Florida. this 13th day of June. 1995. NOTES: MCLAUGILIN ENGINEERING CO. (1), THIS IS NOT A SURVEY. (2) This sketch reflects all easements and rights-of-,ey as shown on the n A above referenced plat. The subject property was not abstracted for other easements. road reservations. or rights -of -way of record by CA AL t FIL999147seN McLaughlin Engineering Co. Registered Land Surveyor No.4185" (3) Bearings refer to S & N PLAT 154/38• State of Florida (4) Description prepared by McLaughlin Engineering Co. this 13th day of June. 1995, and does not infer title or ownership. (5) P.O.B. = Point of Beginning. P.O.C.- Point of Comemement. P.O.T.= Point of Termination. R.P.= Reference Point. U.E.= Utility Easement. = Centerline. N.W.= Northwest (6) THIS DRAWING IS NOT VALID UNLESS SEALED WITH AN DhOW SURVEYORS SEAL. FIELD BOOK NO. N nReWW RY ✓ �" JOB ORDER NO. 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