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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-155Temp. Reso. # 6364 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92- f'S$' A RESOLUTION APPROVING AND ACCEPTING A PUBLIC UTILITY EASEMENT FOR WATER AND SANITARY FACILITIES TO BE OWNED AND MAINTAINED BY THE CITY OFFERED BY REGENCY HOMES, INCORPORATED, (WOODMONT TRACT 67 PROJECT); AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Public Utility easement for water and sanitary facilities to be owned and maintained by the City offered by Regency Homes, Incorporated, (Woodmont Tract 67 project) is HEREBY APPROVED AND ACCEPTED, a copy of said easement being attached hereto as "Exhibit 1". SECTION 2: That the appropriate City officials are hereby authorized to execute said easement on behalf of the City. SECTION 3: That the City Clerk is hereby authorized and directed to record said easement in the public records of Broward County, Florida. SECTION 4: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED thiscZ-Ydday of f-1992. H. L. BENDER MAYOR ATTEST: CAROL -A. EVANS CITY CLERK I HEREBY CERTIFY th t I ve approved this Reso�t,go as to., -form. A _ / //I' ITaHELI; `S-,, K�A CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR OISTRIC DISTRIC DISTRIC DISTRIC i h PUBLIC UTILITY EASEMENT PROJECT: Woodmont Tract 67 Name of Project This Public Utility Easement made this 6'2E30"'day of ;• 19 92 by Regency Homes, Inc. , a Florida CorR ration having an address of 2826 University Drive, Coral Springs, FL 33065 Grantor, and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88 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). W I T N E S S E T H: 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: 1. 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 public utilities. 121390 - 1- PUE -�7�- /Sb 2. Grantor reserves all rights not herein granted pursuant to this easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the easement herein granted or the exercise of the rights of use thereunder. 3. 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. , 5. The easement area within 7.5' of a water line or 10' of a sanitary sewer line shall be an exclusive T.U.W. easement. 121390 - 2- PUP 11 0 L IN WITNESS WHEREOF,' Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and delivered in the presence of: WITI+ $S` z ul rr41- 2i"=�,.,..,..... r.rrkr c, lea a� a <aG WITNESS a -Ij 6c)l tk,. (GRANTOR) Regency Homesb Inc. By: (SEAL IF CORPORATION) STATE OF FLORIDA ) SS COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and i the County aforesaid to take acknowledg- ments, personally appeared AJ /) ). to me known to b the pers n described in and who executed the foregoing instrument and acknowledged before me that executgthe same. ����! WITNESS my hand and ffici.al seal in the County and Sts4r`,la.st._esaid this ANo day of ., ,. ,. A.D. , 19 Notary Public My Commission Expires. €) No!wy Fb:c, Sr.<e of FlorWa� My caala i icy Erp, 2-;-93 121390 - 3- PUE 1 C1 0 0 ATTEST: By: 4ITYJnjP. elly MANAGER ATTEST: By: ---- 'Carol A. Evans, CITY CLERK STATE OF FLORIDA SS COUNTY OF BROWARD ACCEPTED BY CITY OF TAMARAC, GRANTEE By: H . B der YOR Date: By Jo n P. Kelly, TY MANAGER Date: 9 -';2 j� 9 Appro as to fo N): By. ✓ it' 'il S. $raft CITY ATTO E I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledg-ments personally appeared H 1 v,d�cf o o to me known to be the person described in and who a ecuted the f re - going instrument and { acknowledged before me that executed the same. TI WITNESS my hand and official seal at Fort Lauderdale, Broward County, Florida, this o1� day of 19 9 . ?-tq Notary Public My Commission Exgires: 121390 MAST-DOC PUB.UTIL.EASE. NOTARY PUBLIC, STATE OF FLORIDA. MY COt4MISSION EXPIRES: JUNE 26, 1993. &QNOLO THRU NOTARY PUBWC UNDERWRITFR3. - 4- PUE EXHIBIT A LEGAL DESCRIPTION UTILITY EASEMENTS A portion of Woodmont Tract 67 as recorded in Plat Book 118, Page 22 of the Public Records of Broward County and being more fully described as follows: Said easements as shown on Data Site Plan attached to this Exhibit "A" date August 21, 1992. \survey\frm\920415 0 LJ StateofFlorida f P 9. BBGp 200O(lRSEAT p�"V y e 'X CY .9 �i � b r t% p� •® it ip �! �r / 3404T Z r � a j o C� —L PD ow Y la M Iv r v f wasp lk E% C g y Vic. N.W. 75TH STREET 17. �ii lee 7 1 a f. i f■ 41 7 F fA 1 rnos yy C -1Is i ... y t* 0 c� z ai -� cn 6; 'n Nor to y VIAO ! do i of I D ii' Y1•d'; M.w. 1 i� / -i +, • 1 ham. /I •CLUC �r,ry *�1w 04h 24 .w. 64 f �\ n 2 w WOOI)/Y\O IVT �rRAC67 10CA7-/O/\/ MAP