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HomeMy WebLinkAboutCity of Tamarac Resolution R-77-190Introduced by Temp . #88 9 CITY OF TAMARAC , FLORIDA RESOLUTION NO. R 77-/pv A RESOLUTION APPROVING A PLAT FOR WOODMONT TRACT 55, AND ACCEPTING A GRANT OF EASEMENT, WHEREAS, a plat has been submitted for approval by the City of Tamarac, and WHEREAS, the Planning Commission of the City of Tamarac has reviewed said plat and has made recommendation for approval, adoption and execution of said plat by the City of Tamarac, and WHEREAS, the City Engineer has reviewed said plat and has made recommendation for approval .and acceptance of said plat by the City of Tamarac, and WHEREAS, the City of Tamarac said plat, and WHEREAS, Leadership Housing, is now desirous of approving Inc. has, of f ered a Grant of Easement for.utility facilities and the City wishes to accept said Grant of Easement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That upon recommendation of the Planning Commission and the City Engineer the plat submitted for approval the same being: WOODMONT TRACT 55 be and the same is hereby approved. SECTION 2: That the Mayor and City Clerk are hereby authorized and instructed to execute said plat. SECTION 3: That the Grant of Easement for utility facilities offered by Leadership Housing, Inc. is hereby accepted and the Mayor is hereby authorized to execute said Easement copy of which is attached hereto, as Exhibit "A". it PASSED, ADOPTED AND APPROVED this day of ,U7� , 1977. ATTEST: I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. MAYOR W. FAWN Y/M H. MA,S$ARQ C/M M. WEINBERGER C/M !. M. DISRAELLY R �7M1 MIy� OF COUNCIL VOTE [J ry � it This ►nstrurnerlt Was FrQpared� �.- .�• ,., ,� , SAMUEL Hy SILVFRGLATE, E:quire COURSHQN & BERK, TPA WW North University 0 rva �;� PmaraC, Florida 21 GRANT OF EASEMENT THIS INDENTURE, made this----9 day of , 1977, by and between LEADERSHIP HOUSING, INC., a Delaware corporation, of the County of Broward, State. of Florida, herein- after called "GRANTOR," and the CITY OF TAMARAC., a political subdivision of the State of Florida, hereinafter called "GRANTEE". WITNESSETH: WHEREAS, GRANTOR owns the land,, lying and situated in the City of Tamarac, Broward County, Florida, and more particularly described in Exhibit "A," attached hereto and made a part hereof by reference; and WHEREAS, GRANTOR is desirous of granting to GRANTEE, its successors and assigns, an easement or right-of-way on, over, upon, under and across the land described in Exhibit "A," for the purposes expressed below; and WHEREAS, GRANTEE is desirous of having GRANTOR granting such easement or right-of-way and is willing to accept same. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, GRANTOR grants unto GRANTEE, its successors and assigns, an easement under and across the land described in Exhibit "A" for the construction, operation and maintenance of underground utility facilities, to be installed from time to time, for the use and benefit of the public; with the right to reconstruct, improve, add to, change the size of or remove such facilities or any of them; and with the right of ingress and egress on, over and upon the land described in Exhibit "A" and adjoining lands of GRANTOR for the purpose of exercising the easement herein granted; and with the right of ingress and egress on, over and upon the land described in Exhibit "A" and adjoining lands of the GRANTOR for the .1-," . It * 0 I I s r r a purpose of maintaining the canal, adjacent to the land described in Exhibit"A" and adjoining lands of the GRANTOR; provided, however, that such construction, operation and/or maintenance shall be in accordance with the then -prevailing standards, as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida; and further provided, however, that in the event any such construction, operation and/or maintenance damages any then -existing land surface cover and/or grading, such damage shall be repaired by the party causing or otherwise then responsible for same, in accordance with the then -prevailing standards, as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida, provided, however, that in repairing such damage, the said land shall be restored to a condition of quality at least equal to that. of the said land, immediately prior to the inf liction of such damage; and further provided, however, that nothing herein contained shall in any way impose any duty or obligation upon GRANTOR, its successors and assigns, to construct, operate and/or maintain any of the above -described facilities and/or the above -described canal. GRANTOR, however, for itself, its successors and assigns, reserves the right and privilege to use the land described in Exhibit "A" for all purposes, as now and -hereafter permitted by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida, and not in conflict with the making of this Grant of Easement. IN WITNESS WHEREOF, GRANTOR has set his hand and seal on,,," rj. the day and year first above written, F p LEADER P H , USING INC, the presence of : Delaw co to n - 2 -- Atte It w r • I . `f JOINDER AND CONSENT THE MARMON GROUP, INC., a Delaware corporation, as holder of that certain mortgage, dated June 6, 1975, filed for record on June 13, 1975, and recorded in Official Records Book 6236,,I. at page 798 of the Public Records of Broward County, Florida, on the land described in Exhibit "A," hereby joins in and consents to the foregoing GRANT OF EASEMENT. THE MARMON GROUP, INC., a Delaware corporation,,',,,. it At ACCEPTANCE OF GRANT OF EASEMENT The CITY OF TAMARAC does hereby accept the' foregoing GRANT OF EASEMENT. In the presence o STATE OF ILLINOIS) SS. COUNTY OF COOK CITY OF TAMA By . . ' WALT 1■�tl11 ` FA1;CK, ,Mayor �1 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County -aforesaid to . . ta1�e acknowledgment , personally appeared', ;��-Vic..-� ...... and �� ' p , ash-�� President and Secretary, ��..�: -x ..� C. _ -. respectively, of yTHE' MARMON GROUP, INC., a Delaware corporation, to me known to be the persons who executed the foregoing instru- ment, and they acknowledged before me that they executed the same, on behalf of said corporation. WITNtSS my hand and o f icial se 1 in . the.. State and County last aforesaid this' ,,-� da of `19770 } r y My commission expires: MMIL TASCENZQ, Notary Public Certificate filed Cook County, ltt. Commission expires Nov. 71,1979 Notary Public, State Illinois, _3_ . t • 4v 1 a � lio - • • r 3 r il STATE OF FLORIDA SS. COUNTY OF BROWARD) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and Count afores id to take acknowledgments, ersonally appeared r .-{ and �as President and Secretary, respectiverly, of LEADERSHIP HOUSING, INC., a Delaware corporation, to me known to be the persons who executed the foregoing instru- ment, and they acknowledged before me that they executed the same, on behalf of said corporation. WITNESS my hand and official sea last aforesaid, this "ty day of My commission expires: Notary Public, State of Flori�a at Large My Commission Expires Aug. 11, 1979 Bonded by American Fire & Casualty Ca in the State and County 19770 r 2 i Notary Public, Stateof Florida. at large STATE OF FLORIDA ) SS . COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared WALTER W. FALCK, known to me to be the MAYOR of the CITY OF TAMARAC, and that he acknowledged executing the same in the presence, of two sub- scribing witnesses freely and voluntarily under authority duly vested in him by said CITY OF TAMARAC, WITNESS my hand and official seal in the State and County last aforesaid, this day of , 19 77 , My commission expires: !NOTARY MALI Ca STATE OF FLORIDA AT I AM Approved as to form: 0 WILLIAM M. hMMILL- City Attorn y, Tamarac �4 Florida at large . I r RAW EN *THOMPSON' SSOCIA ES consulting civil and environm*ntal engineers • planners • land surveyors aerial and construction photo surveyors a land development consultants FOR: TOLL DEVELOPMENT SCALE: ("- Z-DO NOTE THIS IS NOT A SKETCH OF SURVEY , but on ly o gro phis depict ion of the description shown hereon. There has been no field work , viewing of the subject property , or monuments set in connection with the preperation of the Information shown hereon. 53' IOC?.© poaT I . w. _T8T1_s-T- 7.0.cae • �.1� .loth 54 1=103 co 66 . p W Z 3 J. It Description: A 20' off -Site Utility and Canal Maintenance Easement A portion of Tract 9, FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 4, Township 49 South, Range 49 East, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida, being more particularly described as follows: Beginning at the intersection of the North Right -of -Way of N.W. 78th Street, as recorded in O.R. Book 6450, Page 688, of the Public Records of Broward County, Florida, and the -Easterly Right -of -Way of a canal as recorded in O.R. Book 6450, Page 688, of the Public Records of Broward County, Florida; thence N 03°56'32" W, along the Easterly boundary of said canal, a distance of 100.00 feet; thence N 89°47' 44" E, . parallel with and 100. 00 feet North of, as measured at right angles to, the North Right -of -Way line of said N.W. 78th Street, a distance of 20.04 feet; thence S 0305613211 E, parallel with and 20.00 feet East of.- as measured at right angles to, the East Right--of-Way of said canal, a distance of 100.00--feet; thence S 89 47144" W, along the North Right -of -Way of said N.W. 78th Street, a distance of 20.04 feet, to the Point of Beginning. Said lands situate lying and being in Broward County, Florida. DATED: EXHIBIT "A" UPDATES and / or REVISIONS DATE By CK'D The undersigned and CRAVEN • THOMPSON 0 ASSOCIATES, INC. theko no representation* of werentess se to the information reflected hereon pertaining to eoseerents,rights -- of — wey, set back lines, reservations , egrements and other similar ratters, and further, this Instrument Is not intended to reflect or set forth all such matters. Such Information should be obtained and confirmed by others through appropriate title verification. HoTE Lands shown hereon were not abstracted for right—of—way and/or easements of record J08 NO. �7't - vo,�to DRAWN BY : L. CHECKED 8Y FILE NO. 1350 S. Pompano Parkway (Powerline Rd.) Suite 201 a Pompano Beach , Florida, 33060 9 (305) 9.71-7770 vl: t 4 0