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Home My WebLink AboutCity of Tamarac Resolution R-95-084Temp. Reso. NA2 Revised 4-12-95 CITY OF TAMARAC RESOLUTION NO. R-95--qY.. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO EXECUTE A WATER AND SEWER EASEMENT WITH THOMAS BENNETT, TRUSTEE (BROOKSIDE COVE) FOR INSTALLING, MAINTAINING AND OPERATING WATER AND SEWER UTILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Brookside Cove Development has installed an 8" water and gravity sewer main; and WHEREAS, an easement is required by City Code Section 22-191 and is required for a water and gravity sewer main serving Brookside Cove; and WHEREAS, it is the recommendation of the Utilities Director that a Water and Sewer Utilities Easement for Brookside Cove be approved and executed; 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 execute a Water and Sewer Utilities Easement with Thomas Bennett, Trustee (Brookside Cove) for the installation, maintenance and operation of water and sewer utilities. Temp. Reso. 6942 Revised 4-12-95 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. 5-FQTION 2: That the appropriate City Officials are hereby authorized to accept and execute a Water and Sewer Utilities Easement for Brookside Cove attached hereto as "Exhibit 1" to allow legal access by City Personnel in performing their duties, including utility maintenance. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 applications of this Resolution. Temp. Reso. 6942 Revised 4-12-95 SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this o26 day of A� 1995. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I h-, ap ov d tj�is RESOLUTIONform. MITCHELL S. KRAFT CITY ATTORNEY 1 NORMAN ABR 'MOWITZ MAYOR Ili Ia�kkl DIBT.1: V r M KATZ DIST. 2: 00 M. M1,4 ass. 3: Comm. scI DIST. jL- CaMM• MA X, Exhibit 1 A-15--51 C� Individual TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT FOR: NAME OF PROJECT On this day of JAhj , 19 .75 Thomas Bennett, Trustee , having an address of 6 Portside Drive, Ft. Lauderdale, FL 33316 hereinafter ( "Grantor expressly grants an easement to the Citf of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 N.W. 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, a legal description of which is attached hereto as Exhibit "A", and incorporated by reference herein, (hereinafter "the servient estate"). 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 "P" and incorporated by reference herein, (hereinafter "the easement area"). Grantee may use the easement area for the 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. 930222 - 1 - TUW WSUE(I) R- y5_? � . individual 0 Grantee's right to utilize the easement area shall be exclusive to the extent that Grantor shall grant no easement or I* license, nor make any covenants, having the effect of permitting use of the easement area by one other than Grantee, except grantor may furnish an easement to Florida Power and Light, Southern Bell or franchised cable TV that crosses thi6 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 grants to 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. 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. 930222 - 2 - TUW WSUE(I) • individual 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. IN WITNESS WHEREOF, Grantor seal on the day and year first a (G RM s , Jo,5epb/ Kolb Jr. Wifness achy Gerdemann STATE O FLORIDA . SS COUNTY OFI,'�a6- : Thomas Bennett, Trustee I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared �"-7 to me known to be the person(s) described in and who executed the fore- going instrument and /LA- acknowledged before me that /-9— executed the same. WITNESS my hand and official seal this .� day of '- �Y PP NOTARY PUBLIC, State of ` Florida at Large 11SA _ 1 c�rsAvrrrA { S Chi - C h <_c vt'. " (Signature of Notary Public) Print SEAL car1:.�.oJ"dt7.�:.'.r%!?,, Commission No. ' 'Dur7i 'r) Personally.-)knowxa: ;to::me, or Produced Identification Type of T.D. Produced ) DID take an oath, or ( t-r-DID NOT take an oath. 930222 -- 3 - TUW WSUE(I) ATTEST 71 Robert S. Noe, Jr. City Manager ATTEST: By Carol A. Evans City Clerk STATE OF FLORIDA SS: COUNTY OF BROWARD ACCEPTED BY CITY OF TAMARAC, GRANTEE By Norman Abramowitz Mayor Date: Tii1i)�& Zc7q 5— By - Robert S. Noe, Jr. City Manager Date:. /9�% Am ro d ,as to form: By Mitchell S. KI City Attomey 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) who executed the foregoing instrumenf, and +! .�, acknowledged before me that yr/��, executed the same. WITNESS my -hand and official seal in the State and County last aforesaid, this "!' day of j¢� _ A.D. 19 " r~ NOTARY PUBLIC, Stfite of Florida at Large //V, / L L P6 �, �J� (NaMe of Notary Public: Print, Stamp, or Type as Commissioned) (1-4 Personally known tome, or ( ) Produced Identification Type of I. D. Produced ( ) DID take an oath, or( 4 DID NOT taken an oath. 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