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HomeMy WebLinkAboutCity of Tamarac Resolution R-72-006This RESOLUTION was introduced b� of CITY" OF TAMARAC, MRIDA RESOLUTION NO.' A RESOLUTION RELEASI.14G A 'TWELVE FOOT UTILITY EA.SM= ACROSS THE PROPERTY OF BAIRD-CASE FUNERAL HOMES, INC., ACCORDING TO THE SURVEY, A COPY OF WHICH IS ATTACHED, IN EXCHANGE FOR A TWELVE FOOT UTILITY EASEMENT ALONG THE NORTH TWELVE FEET OF THE PROPERTY OF 13AIRD-CASE FUNERAL HOMESs_INC.. hmjzEAS, the City Council has determined that the existing twelve foot utility easement across the property of Baird -Case Funeral. Hues, Inc., ,is not conveniently located for the furnishing of utilities to such property and that such easement is not required by the City of Tamarac, and WHEREAS, the said property owner has offered to grant a new utility easement across the north twelve feet of its said property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Tamarac, Florida: SECTION 1; That the twelve foot easement across the property of Baird -Case Funeral Homes, Inc., as shown on the attached survey dated Septenber 25, 1969 and re -surveyed February 11, 1970 with final survey dated October 25, 1971 by Hugh R. Davis, Registered Land Surveyer, be and the same is hereby abandoned and vacated. . SECTION 2: That the utility easement along the North twelve feet of the property of Baird -Case Funeral Homes, Inc. tendered to the City Council this date be and the same is hereby accepted and the Clerk is directed to place the same of record in the office of the Clerk of the Circuit Court, Broward County Courthouse, Fort Lauderdale, Florida. PASSED, ADOPTED AND APPROVED this�`�day of February, 1972, MAYOR ATTEST; C HERERY CERTIFY that I have approved the farm and correctness of this RESOLUTION �7 OF COUNCIL VOTE .; Seaman V !:.: r''�ciyor Lange �>..:!c.:man Johnson Councilman Schultz Co?lncilman Zarccne :'" THIS SUOIRVEY CO,vFCIM,,. TO THF STANMAPDS OF 111r FLORIDA LAND 11M., ASSOCIATION AND TH i FLORIDA STATE SOCIFTY Oi' Ho`,l 1-51101','Al, LAUD SURVEYORS. SKY"'J.'CH 0:1 C, 1" 3 0, F7 Y )0 Ln NA 7" 2 J Al :2 0 0 LIJ X r/ T f\j C) C) LI) N (\J NJ CY-- LO �c v M 74' 4 0 I NOTE ALL, COW"P5 t POW HPF-5 1w C',"­`F-­F1-- DESCR I PT ION" .5. E. C-0 P - LOT 9 P.o b, Lot 11 cind tho South 25.00 feet of L(,; 110, of ;--m Unrecorded Plat of r h c,� i. n c I mo r v R P,1 I- t i C U la r I y (i C,"; C 77 0 (1 )G6' f Cl I I. o)IV' t I ir? Sol, t. tic n S t corner of Lol Q, 'Secti-or) 13, -outh, 1�),7nqe 41 FORT LAUDHPI)ALE TRUCK F-AIUMS, acicor(lin(-} 1r.> plat th(.,roa s o.).C, ruco,ocd in Plat P o o k 4, P a g(I 1 0 Of t ! I e P U I - J. 'C ).r (7 s of i i - o I-,, -)r C1 CC-) L I t Floridri; thence N-O,') I'll 12" - W, I inC: Of SaJ.C] JA-)t 9, 292.0 feet to a po_nt; thence N7"" P'_1 I-;' I Ic I to (.he North l-ine and Fint1th linc of sz)j- 0 . 0 1 f t to a point on the {rest Ri q 111. - (Y-f - Vcl N, Line of 'S a t (1 1 0 Nm7 (11. `',. '141) ;md t1w Point -of Bcginm ing Of this I h(, i i cc- o c! I i,nue 151 42" W, 250.00 feel. to 0 point; lAlence -S-o" -1 p ") ra 1 le 1 to t he East line of saicl-1-ot 9, 1-25.0 feet po-int; tll-,jce S-f390 151 421, L '50 0 fi-, pi)rallel to ti )`Nm-th aiml SOLIM cif."Sc 1" ):iCl 1,0'� 9, 2 -00 f Ct to a paint on the West Rintit-olf-Way line of Sta-io Roa,, No, 7 (U. S. 441) thence N-0o 1.21 12" aloncl said )!TIP, 125.0 feet to the Point of Begirming c;U'Djecjl to recor0l. CERTIFICATE, I hereby CERTIFY that the attached sketch of survey of i1w c;bove described property is true and correct to the best of my knowledge and belief os surveyed and p!cw,:(J under r,-.y direction i: There are no above ground encroachments other ikon hereon shnwn- � F. 5 U P, v -Y: �Ces. )1. I-J-jo J 1 6 9 9 E. 0 A K L AN 1) PARK B L V D 0 A 1;L f N 1" L u D E R 0 A L F F L 0 JO. NO. (D'-) 315V, r F. G. 566-2,146 'm Instrument was prepared by: J. F. GINESTRA jpVMERs, CURTIS, GINESTIiA & GORE &ROIr ESSIONAL ASSOCIATION. 1750 EAST SUNRISE SOULEVARQ FORT LAUDERDALE. FLORIDA E A S E M E N T THIS INDENTURE made this 26th day of January, 1972, between BAIRD-CASE FUNERAL HOMES, INC., party of the first part, and the CITY OF TAMARAC, FLORIDA, a municipal corporation, party of the second part. W I T N E S S E T H: WHEREAS, the party of the first part is the owner of property situate in Broward County, Florida and described as follows: The North 12 feet, less the West 25 feet thereof of the following described property: Trot 11 and the South 25.00 feet of Lot 10, of an Unrecorded Plat of TAMARAC BUSINESS CENTER, SECTION 4, being more particularly described as follows: Commencing at the Southeast corner of Lot 9, Section 13, Township 49 South, Range 41 East, FORT LAUDERDALE TRUCK FARMS, according to the plat thereof, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida; thence N 0° 12' 12" W, along the East line of said Lot 9, 292.0 feet to a point; thence N 89° 15' 42" W, parallel to the North line and South line of said Lot 91 100.01 feet to a point on the West Right -of -Way line of State Road No. 7 (U.S. 441) and the Point of Beginning of this description; thence continue N 89° 15' 42" W, 250.00 feet to a point; thence S 0° 12' 12" E, parallel to the East line of said Lot 9, 125.0 feet to a point; thence S 89° 15' 42" E, parallel to the North and South line of said Lot 9, 250.0 feet to a point on the West Right -of -Way line of State Road No. 7 (U.S. 441); thence N 0° 12' 12" W, along said West Right -of -Way line, 125.0 feet to the Point of Beginning. and WHEREAS, the party of the second part desires an easement for utility purposes along said property; and WHEREAS, the party of the first part is willing to grant such easement in consideration of the abandonment by the party of the second part of that certain easement dated December 2, 1966 and recorded in Official Records Book 33320 Page 603 of the Public Records of Broward County, Florida, as pertains to the property hereinabove described only. NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the party of the first part does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild public utilities facilities on and does hereby grant a perpetual easement across the above described property for said purposes. F I I ` - S-trKR ,-145 C�- IN WITNESS WHEREOF, the said BAIRD-CASE FUNERAL HOMES, INC., has caused its corporate name to be hereunto signed and its corporate seal affixed, by its proper officers thereunto duly authorized, on this 3/ day of January, 1972. BAIRD-CASE FUNERAL HOMES, INC. (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY, that on this day of January, 1972, before me personally appeared Cy J. Case and J. F. Ginestra, respectively, President and Secretary of BAIRD- CASE FUNERAL HOMES, INC., a corporation under the laws of the State of Florida, to me known to be the persons described in and who executed the foregoing conveyance to the City of Tamarac and severally acknowledged the execution thereof to be their free act and deed as such officers, for the use and purpose herein mentioned; and that they affixed thereto the official seal of said corporation, and the said instrument is the act and deed of said corporation. WITNESS my signature and official seal in the County of Broward and State of Florida the day and year last afore- said. NOTARY PUBLIC My comission expires:' Notary PubGt, State of Florida at Large My Commission Expires Apr. 17, 197'2 Bonded By American Fire 6 Casualty Co. - 2 ..