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Home My WebLink AboutCity of Tamarac Resolution R-80-178Introduced by: I/�j�% TEMP. # 1712 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- A RESOLUTION ACCEPTING A TEMPORARY ROADWAY EASEMENT FROM LEADERSHIP HOUSING, INC. TO THE CITY OF TAMARAC. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the thirty (30) foot temporary roadway easement offered by Leadership Housing, Inc. for vehicular access from State Road 7 to Commercial Boulevard, copy of which temporary easement and description are attached hereto as Exhibit "A", is hereby accepted. SECTION 2: This Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED this �l' day of UA ,1980 ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. CITY ATTORNEY MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE rpiiz��o,��g Parties: TEMPORARY EASEMENT LEADERSHIP HOUSING, INC. 1125 N.E. 125th Street, Suite B North Miami, Florida 33161 CITY OF TAMARAC, FLORIDA 5811 N.W. 88th Avenue Tamarac, Florida 33321 Hereinafter referred to as "Grantor" Hereinafter referred to as "Grantee" Purpose: The Grantor shall provide the Grantee with a temporary easement through Grantor's property pursuant to the terms and conditions of that certain Agreement to Compromise, Settle, Release and Discharge all Claims and Obligations dated July 31, 1979. Date: June 14, 1980 The parties agree: 1. The Grantor hereby grants a temporary easement to the Grantee through Grantor's property for vehicular access from State Road 7 to Commercial Boulevard. The same is specifically shown and described on Exhibit "A" attached to this Temporary Easement. 2. The Temporary Easement is made in accordance with the terms and provisions of that certain Agreement to Compromise, Settle, Release and Discharge All Claims and Obligations between the parties dated July 31, 1979, which agreement is adopted by reference as a part of this Temporary Easement. 3. The purpose of this Temporary Easement is to provide Grantee with limited access through Grantor's property until such time as a plat for the property is applied for and approved by appropriate governmental bodies, at which time Grantee will be provided with a dedication of a permanent thirty foot (301) right-of-way which conforms to Grantee's regulations, and which will be exchanged for the easement granted herein. 4. Said Temporary Easement is and the subsequent permanent thirty foot right-of-way shall be, a limited use access road whose configuration may be curvilinear to conform with the developer's over-all site plan and shall be the minimum dimensions or size authorized by City of Tamarac, Florida Ordinance 7848. 5. All costs for the construction and maintenance of the Temporary Easement and all costs resulting from any subsequent requirement to relocate said Temporary Easement shall be borne solely by the Grantee. 6. Nothing herein contained shall in any way impose any duty or LAW OFFICES MYLES J. TRALINS, P.A. 1125 NORTHEAST 1251-" STREET NORTH MIAMI, FLORIDA 33161 obligation upon Grantor, its successors and assigns, to construct, operate, maintain and/or repair said Temporary Easement Further in the event of abandonment of said Temporary Easement, all costs of restoration shall be borne by Grantee. 7. A temporary easement is necessary at the present time because of the uncertainty of where a permanent road will be needed when Grantor's property is ultimately developed. NOW, THEREFORE, in consideration of the premises and the sum of One ($1.00) Dollar paid by Grantee to Grantor, receipt and sufficiency of which is hereby akcnowledged, the said Grantor does hereby give and grant the above described Temporary Easement unto Grantee, its successors and assigns, to, over and upon the property described in Exhibit "A", for use as a right-of-way, subject to the expiration of said easement at such time as Grantee is provided with dedication for right-of-way purposes across the property described in Exhibit "A", which dedication conforms with Grantee's regulations. IN WITNESS WHEREOF, the Grantor has executed this agreement on the date above stated. LEADERSHIP HOUSING, INC. (Corporate Seal) By: Mark C. Mamolen, President Attesta ,-Y"`�, �'�.� C�.1, ti-�c Dagny Sha on W Oner, Asst. Secy. STATE OF FLORIDA ss COUNTY OF DADE BEFORE ME, the undersigned authority, personally appeared MARK C. MAMOLEN, as President, and DAGNY SHARON WARNER, as Assistant Secretary, of LEADERSHIP HOUSING, INC., a Delaware corporation, and they acknowledged before me executing the above Temporary Easement for the reasons therein stated on behalf of and with the authority of said corporation and affixing the corporate seal thereto. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at North Miami, Dade County, Florida, this 14th day of June, 0. tary Public, State of Florida My Commission Expires: at Large NOTARY PUBLIC STATE OF FLOR I DA AT LAIEGI MI COMmISSION EXPIRES MAR 12 1984 SoNDiCD IHRU GENERAL INS. UNDQUITERS -2- LAW OFFICES MYLES J. TRALINS, P.A. 1125 NORTHEAST 1251--- STREET NORTH MIAMI, FLORIDA 33161 Page 1 of 2 DESCRIPTION: 30 Foot Road Easement A portion of Section 13, Township 49 South, Range 41 East of FORT LAUDERDALE TRUCK FARMS SUBDIVISION, as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, being more particularly described as follows: COMMENCING at t8e Northeast corner of Tra( . 8 of 13; thence South 00 1211211 East along the East line thUt'e0f', a d i : tanct of 454.07 feet; thencS North 89 15142" West, a distance of 15'18.76 feet; thence North 38 33114" West along the Easterly right-of-way line of Commercial Boulevard as shown on the Plat of Leadership of Tamarac Phase One, as recorded in Plat Book 76, Page 35, of the Public Records of Broward County, Florida; a distance of 127.81 feet to the POINT OF BEGINNING of this description; thence continue North 38033114/1 West along She last described course a distance of 10.00 feet; thence North 51 26146" East, a distarce of 201.65 feet to the Point of Curvature of a circular curve to the right; thence North- easterly and Easterly along the arc of said curve having a radios of 927.25 feet, an arc distance of 556.76 feet; thence North 00 12' 12" West, a distance of 618.45 feet, said last mentioned three c.ou rocs being coincident with the Southerly and Eaoterly �ound,iry of said LEADERSHIP OF TAMARAC, PHASE ONE; thence South 89 15142" East, a distance of 606.43 feet to the Northwest corner of Commercial Plaza according to the Plat thereof, as recorded in Plat Book 82, Page p of the Public Records of Broward County, Florida; thence South 00 12' 121 East along the West line of said Commercial Plaza, a distance of 512.32 feet; thence South 89°1514211 East, along the South line of said Commercial Plaza, a distance of 300.00 feet; thence South 000121 12" East, parallel with and 100.00 feet West of, as measured at right angles to, the East line of said Section 13, a distance of 00.01 feet to the Northeast corner of LEMBO, according to the Plat thereof, as recorded in Plat Book 81, Page 1; of the Public Records of Broward County, Florida; thence North 89 15142 West along the North line and a Westerly projection thereof of said LEMBO, a distance of 330.01 feet; thence North 00 12112: West a distance of 542.32 feet; th�nce North 89 15'42" West, a distance of 546.42 feet; thence South 00 12' 12" East, a distance of 616.39 feet, to an intersection of an arc of a circular curve to the left; thence Southerly along the arc of said curve halting a radius of 897.25 feet, and whose radius point bears South 02 2114811•East from the last described point an arc distance of 556.75 feet tothe Point of Tangency; thence South 51°2614611 West, a distance of 201.65 feet to the POINT OF BEGINNING. Said lands situate, lying and being in Broward County, Florida. Subject to all easements, reservations, and rights -of -way of record. GBD/pc 3/04/80 Job. No. 79-0317 Page 2 of 2 SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR ROAD RIGHT Of WAY N.E. Corner _Egsf li17e sec /3-49-41 Tract 8 sec. 13-49 -4/ S 00 /2'12 'E 454.0_7 ___Q ° S 001212'E o 60.01 vQ�� Qz ry cn O 3 M�q� 3 A_., co 00 N p tf m cd CoJ °12' "E $/2.32 r N00°l2'l2"W 542.32' ooerkj I � 0 W c\j W a v to 0-) I o Iz � o0°l2'l2 E— 6/6.39' N 00°l2'l2"W 6/8.45 Ln 1� N 3 c N C _ e O J p Q) c �s 10 W „ s� s �Z1 w[ :.wJf t.G r, rl.ln b w/ w .e •. .. _t rry wt,cw,r +-swm r.s wrw•. \' saJ�.n n Je •. •,r� rr .e w...r � ec+r�� -•..r Q .. vwpvw.nr .•[r r[w•r.E.•.c, r w.s Dwww.r6 .s 'wE w.°wr w•• .,• D.w 1. .• +.• .rC w.w Q w0! Of 1510 Jw °[wwJO.. C!✓ rr wwO.a/ Ow !wOl: wr'r>!w IE wrrSS.Ow //'� awal l a� t_/. 2-13-30 ' 8571 W Mc Nab Raad. TEmarac. Honda 33321 ------. - --- - - 305 122 8010 LI N_ mmmmmmK4 OR