HomeMy WebLinkAboutCity of Tamarac Resolution R-85-423Introduced by: U/ Temp. Reso. #3932
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-85 W
A RESOLUTION APPROVING AND ACCEPTING A UTILITY
EASEMENT OFFERED BY RICHARD J. MAGNER, SR.,
TAMARAC MARKET PLACE LAND TRUST; AND PROVIDING
AN EFFECTIVE DATE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION1: That the utility easement offered by Richard
J. Magner, Sr., for Tamarac Market Place project, is HEREBY
APPROVED and accepted, a copy of said easement being attached
hereto as Exhibit 111".
,BCTION 2: The appropriate City officials are hereby
authorized to execute this easement on behalf of the City.
SECTION 3: The City Clerk is hereby authorized and direc-
ted to record said utility easement in the public records of Bro-
ward County, Florida.
SECTION 4: This Resolution shall become effective immedi-
ately upon adoption. n_
PASSED, ADOPTED AND APPROVED this day of/0U9-A4Zt-, 1985.
01
MAYOR
TEST:
TY CL RK
I HEREBY CERTIFY that I have approved
the form and cor ctness of this -
RESOLUTION.
"r RECORP OF COUNCIL VOTE
C Y A T RNEY MAYOR: KRAVITZ
" T 4: C/ STEIN
,2 3
UTILITY EASEMENT
This Utility Easement made this z day of
1985, by RiC`EARn ,T___MACUE$-r •
ffAMARAC MARKET -PLACE L UST
(Grantor) and the City of Tamarac, a Florida municipal corporation having
an address at 5811 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:
WhiREAS, 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 fo:
the installation and maintenance of public utilities as indicated in
exhibit B.
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
CPM
r=ning witb and binding upon the servient estate.
4. Tbis easawnt shall not bE: released or altered witbout consent
of the Grantee.
IN WMESS WM07, Grantor has bereunto met his hand and seal m the
day and year first ahove written.
Signed, sealed and (GUNMM)
delivered in the Ares -..woe of:
TAMARAC MAR ET PLACE LAND TRUST
ess By:
RICHARD Z-AMAGNE ,jeR., as Trustee
Signed, r.-
. - - the premoe
Witneks City of TVmrac
By:
�t _ �i _
Ai ess n'L
I l0= CERTIFY that I have
approved the f and correct-
ness of this lity asement .
CITY ATTMXZY
STATE CEF FLMIDA
CDLY17 OF W ARD
1101MY C ERITFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments,
personally appeared _�RI C. Trustee of
AND TRU T
to me known to be the person described in and wbo executed the foregoing
instr=ent and he aclmculedged before me that he exemited the
same.
W17NISS my hand and official seal in the County and State last aforesaid
this ,5ZK- day of 34at- 4 A.D. 198.&
mils",' �r .� S-�•r ,x _ j
-2-
E.
STATE OF F LmIDA
ODi.M OF HFMARD
I HMEBy CMrlyy that ao this day, before me, an Officer duly authorized in
the State aforesaid the aforesaid to take acknowledgments,
�7l
to meLcQm to be tb pe v= cribed in and who execut9d the foregoing
instramnt and aclmowladged before me that f u� executed the
same. T
W17N S pry hand and offic r�47
in the County and State last oresaid
this'3.-e day Of A.D. 19812
My commission expires:
raft 6Et2`a� 2H 1W
Notary P lic
State of lorida
Rev. 2/11/83
.. 3
T l5
SITE
A portion Of Section 7, Township 49 South,
Rank4 41 of f'1.0K1UA 1,'IZU11' LANDS COMPANY
SUBD1VIS70.r' :to. 2, as recorded in Plat Book 1,
Page 102, of the Public Records of palm Beach
Count:r, Florida, 1,eing more particularly des-
cribed as follows:
All of Trait 1, LESS the East 38.00 feet, LESS
the North 38.00 feet, LESS all tliat external
area lying hcrtheasterly of an area formed by
a 25.00 foot radius which is tanl;ent to a line
53.00 feet South of and parallel with, the North •
boundary of t:aid Section 7, and tangent to a line
53.00 fret Wt.bt of, and parallel with the East
boundary of said Section 7, TOGETHER 1.1TH the
North 149.00 feat of Tract 2, LESS AND EXCEPT the
East38.0U feat of s:iid Tract 2, and LESS AND EXCEPT
the dedications by Lite CrantOr of a Canal Right -
of -Way being 40.00 feet in width and extending
across the entire Southerly bcundhry of the subject
property, and LESS AND EXCEPT additional Road
Rights-of-Wi. ' running along the Northerly and East-
erly boundnry lines of the subject property and
subject to a canal maintenance easement being 20.00
feet in width and running directly adjacent to and
North of the above described Canal Right -of -Way
and subject to utility easements all as shown on
T11E PHOENIX PLAT, executed by the grantor on May 21,
1980, and prepared by Darby and Way, P.A., Professional
Land Surveyors, under Job No.80-0150, consisting of
two sheets. (RECOf:UED IN O.R. 9321, PAGE 571, H.C.R.)
Saidlands situate. lying and being in Hroward County,
Florida.
(Also known as Trat-t "A" of the unrecorded Plat of
T11E PHOENIX PLAT) .
L oCAT
nQ Mc A3 `--�
Ion
Se,F -Tc-�k
L
EXHIBIT "A"
I I
EXHIBIT "B"
ir
In
Vt See
LINE
KEY PLAN
NO SCALE
N.E. CORNER
SEC. 7^49-41 Mtiti�1
b'
7 2 '
MC NAB ROAD ' 1y
TRACT I � r-
NON-VEHICULAR T
ACCESS EASEMENT LINE -�� I 60
TAMARAC
MARKET
PLACE
(P. B. 119 P. G. 2
20' MA1MT, EAiEMEMT PAACE "F"
�OC MMAL R
TRACT 2
1 5' U,E
T
a r
20' 1 6 0
53�
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I
TRACT :5 a
0
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I w m
I W
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I TRACT 4
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1/2 SEC. LINE
LEGAL DESCRIPTION PARCEL "F" TAMARAC MARKET PLACE
A portion of Tamarac Market Place as recorded in Plat Book 118, Page 20, of the
Public Records of Broward County, Florida, lying within the N.E. quarter of
Section 7, Township 49 South Range 41 East more particularly described as
follows:
The same easterly 15' FPrrL easement lying parallel to Nob Hill Road plus, the
East 34' of the 20' canal maintenance easement and the East 20' of the 40' canal
R /W lying on the Southerly side of "Tamarac Market Place" Plat (P. B . 118 PG 20)
as recorded in Broward County Florida, said lands containing 0.266 acre.
CITY OF TAMARAC
SKETCH OF SURVEY IN
DATE 12/10/85 DRAW
FORCE MAIN EASEMENT
N.E. 1/4 SEC. T-49-41
SCAL 1"e 3004 CHK PS•