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HomeMy WebLinkAboutCity of Tamarac Resolution R-78-180Introduced by: Temp. Reso. #1126 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- ]J0-/d'a A RESOLUTION ACCEPTING AN OFF -SITE EASEMENT FROM DON SCHAAF, FOR THE WOODVIEW PROJECT. WHEREAS, Don Schaaf has offered to the City of Tamarac and Tamarac Utilities, Inc. an off -site easement for the Woodview Project for purposes of construction, operation and maintenance of underground facilities, and WHEREAS, the City of Tamarac wishes to accept and enter into said off -site easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City Officials are hereby authorized and instructed to execute an off -site easement for the Woodview project between Don Schaaf, Tamarac Utilities, Inc. and the City of Tamarac for construction, operation and maintenance of underground utility facilities. PASSED, ADOPTED AND APPROVED this cPS'— day of , 1978. ATTEST: /a,miE7CYTY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. g::21V &Alle� CITY ATTORNEY AY R RECORD OF COUNCIL VOTE MAYOR W. FALCK �ff_ VJM H,. MASSARO C/M H. WIENER CJM I.M. DISRAELLY �2P CW M. GRANT OF EASEMENT THIS IS A GRANT OF EASEMENT, made this % c4day of October, 1978, by and between DON SCHAAF, hereinafter called "GRANTOR", and the CITY OF TAMARAC, and TAMARAC UTILITIES, INC., a Florida corporation, having its principal place of business in the City of Tamarac, Broward County, Florida, hereinafter collectively called "GRANTEES" or each 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 GRANTEES, their successors and assigns, an easement or right-of-way on, over, upon, under and across the land described in Exhibit "A", for the pur- poses expressed below; and WHEREAS, GRANTEES are desirous of having GRANTOR grant 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; I GRANTOR grants unto GRANTEE, City of Tamarac, its successors and assigns, an easement on, over, upon, under and across the land described in Exhibit "A" for any 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 immediately adjoining land of the GRANTOR for the purpose of exercising the eaWent herein granted; provided, however, that such at the expense of w�ee and exercise shall be/in accordanceiith the then -prevailing standards, -1- LAW OFFICES MALE, BLOOM, BODNE, KUPERSTEIN 6 EISENBERG, PROFESSIONAL ASSOCIATION 1101 FORTE PLAZA, 1401 BRICKELL AVENUE, MIAM1, FLORIDA 33131 • TELEPHONE (3O5) 358-4300 as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida,(*) II GRANTOR grants unto GRANTEE, TAMARAC UTILITIES, INC., its successors and assigns, an easement on, over, upon, under and across the land described in Exhibit "A" for water and sewer facil- ities, 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 immediately adjoining land of the GRANTOR for the purpose of exercising the easement granted; provided, however, that such exercise shall be in accordance with the then -prevailing stand- ards as prescribed and delineated by any and all applicable ordin- ances of the City of Tamarac, County of Broward and the State of Florida; provided that in the event such exercise by the GRANTEE damages any then -existing land surface cover and/or grading, such damages b GRANTEE at GRANTEE'S shall be repaired Tin accordance with cost and expense the then -prevailing standards, as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, County of Broward and 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 infliction of such damage; and further provided, however, that nothing herein con- tained shall in any way impose any duty or obligation upon GRANTOR, his successors and assigns, to construct, operate and/or maintain any of the above -described facilities; and GRANTOR, however, for himself his successors and assigns, reserves as to both grants of easements the right of ingress and egress over, on, and upon the said land and 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 M and nothing herein shall be construed to allow GRANTEE to simultaneously block all ingress and egress to CRANTOR's property thereby preventing GRANTOR, -OR 0-4N 's agents, representatives, assigns, or licensees thereof entrance thereto or exit thereof. -2- LAW OFFICES MALE, BLOOM, SODNE, KUPERSTEIN & EISENBERG, PROFESSIONAL ASSOCIATION 1101 FORTE PLAZA, 1401 BRICKELL AVENUE, MIAMI, FLORIDA 33131 TELEPHONE (305) 358-4300 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 the day and year first above written. In the presence of: TAMARAC UTILITIES, INCH.` BY a J r ���' - DE 'T ATTEST: CI BY AT Provided, hawever, that nothing herein contained shall be construed in'any mariner directly or indirectly to waive, abrogate, surrender, modify, release, alienate or otherwise to discharge or abandon GRANTOR's rights as established and set forth in the case of Leadership Housing Systems, Inc. and Simon Zunamon, as Trustee, Plaintiff, vs. The City of Tamarac, a Municipal corporation, Defendant, Case No. 72-11731, 17th Judicial Circuit, Broward County, Florida, Weissing, which case GRANTEE City of Tamarac here specifically acknowledges as binding upon all parties to said suit. —3— LAW OFFICES MALE, BLOOM, BODNE, KUPERSTEIN & EISENBERG, PROFESSIONAL ASSOCIATION 1101 FORTE PLAZA, 1401 BRICKELL AVENUE, MIAMI, FLORIDA 33131 • TELEPHONE (305) 358-4300 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 DON SCHAAF, to me known to be the person who executed the foregoing instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the State and County last aforesaid, this z6r day of �, >� ,� � 1978. � My conmission expires: _ ` NNAWVURKSTATEOFFLORIDA AT IAW2 Notary P ubli , State bt Florida pIT at large = npu V urnWRRS 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 ,: :.� and as an , respectively, of TAMARAC UTILITIES, INC., a Florida corporation, to me known to be the persons who executed the foregoing instrument, and they acknowledged before me that they executed the same, on behalf of said corporation. WITNESS my hand and official seal in the State and County last aforesaid, this day of 1978. My commission expires:/ &lbtary Public, State of Florid NOTARY PU 11C T, S , TF OF fLCf i�A U ICE at large ,, ,. �t r;r 6DNUC 1 [n ?� C�, ? �i G T„'U f �kA/;r^,�� D EG,, 7G 2!, 19PJ P.Gtii Y 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 0. W. Fa�c and Ap2i LvA( er v L F as asCLe - res ctive y, o the CITY OF TZAaC,"to�me' own to e t e persons who executed the foregoing instrument, and they acknowledged before me that they executed the same on behalf of said City. WITNESS my hand and official seal in the State and County last aforesaid, this 31st day of October, 1978. My commission expires: w Notary Public, -State of Florida at large Notary Public, State of Florida at Lim 1 My. Commission Expires June 7, 1981 .: Bonded by Mincey Agency -4- LAW OFFICES MALE, BLOOM, BOONE, KUPERSTEIN & EISENBERG, PROFESSIONAL ASSOCIATION 1101 FORTE PLAZA, 1401 BRICKELL AVENUE, MIAMI, FLORIDA 33131 • TELEPHONE (30S) 3S8-4300 FOR: HARRY GROSSMAN A 41 f' 0 3� oN N .0 O.Q.aOZ(o0 , 1'z�_3.C.ZZ) .� Wtsi' ZB�I.46' zo'y-ttltty Eag.trn2n"t _/� �1- ( 0.2. ZZt 1,P9. 5 Pro p OSC4 d San. M•H. SCALE: I'y=50' Ec7 sr Pro Po s¢d son. s¢.w¢ r Lint DESCRIPTION: AN OFF -SITE UTILITY EASEMENT (EXHIBIT "A") Z9 3 .Z 5 �c IstI nc3 scin. M.N. Exts1-1nc3 sac,. sa-wcr L-ine A portion of FLORIDA FRUITLANDS COMPANY SUBDIVISION NO. 2, of Section 5, Township 49 South, Range 41 East, as recorded in Plat Book 1, Page 102, of the Public Records of Palm Beach County, Florida, being more parti- cularly described as follows: COMMENCING at the Southeast corner of said Section 5; THENCE North 00°10'05" West, along the East line of said Section 5, a distance of 3165.93 feet; THENCE West, a distance of 1734.40 feet to the Point of Beginning of this description; THENCE continue West, a distance of 289.48 feet, the last described course being coincident with the Southerly right-of-way line of Northwest 77th Street, as recorded in O.R. Book 6260, Page 622, of the Public Records of Broward County, Florida; THENCE South, a distance of 20.00 feet; THENCE East, along a line 20.00 feet South of and parallel with, as measured at right angles to, the Southerly right-of-way line of said Northwest 77th Street, a distance of 293.25 feet to an intersection with the arc of a circular curve to the left, whose radius point bears North 74°05'32" East, from the last described course; THENCE Southeasterly along the arc of said curve, having a radius of 2126.00 feet, an arc distance of 243.67 feet; THENCE East, a distance of 21.66 feet, to an intersection with the arc of a circular curve to the right, whose radius point bears North 67°18'00" East, from the last described course; THENCE Northwesterly along the arc of said curve, having a radius of 2106.00 feet, an arc distance of 245.93 feet to a Point of Reverse Curvature of a circular curve to the left, the last described course being coincident with the Westerly right-of-way line of Northwest 88th Avenue, as recorded in O.R. Book 4747, Page 183, of the Public Records of Broward County, Florida; THENCE Northwesterly along the arc of said curve, having a radius of 25.00 feet, an arc distance of 32.29 feet to the Point of Beginning. Said lands situate, lying and being in Broward County, Florida. CRAVEN-THOMPSON & ASSOCIATES It lcao.TENGINEERS - PLANNERS - SURVEYORS 5901 N.w. 31 AVENUE , FORT LAUDERDALE , FLORIDA 33309 , (305) 971-77 OFFICES: FORT LAUDERDALE , MIAMI , WEST PALM 11F.ACH , PUNTA GORDA , ISLAMOIIADA NOTE THIS IS NOT A SKETCH OF SURVEY,b.1 only o graphic depiction of the description shown hereon. There has been no field work , viewing of the subject property , or monuments set In connection with the preparation of the Information shown hereon. eeZS.00' A=3Z•ZGt` _PO. B. 1? S ara 0 N•1�A�ta �O a S.E. Corner sec. 5-4q--4I Ro.C. r >=c:tGrr %TED: Octob¢r Z- l4"i UPDATES and/or REVISIONS DATE BY CK'D- NOTE The undersigned and CRAVEN •THOMPSON B.ASSOCIATES, INC. make no representations or guarantees as to the information reflected hereon pertaining to easements, rights- of -way, set back lines, reservations, agreements and other similar matters, and further, this instrument is not intended to reflect or set forth oil such matters. Such information should be obtained and confirmed by others through appropriate title vertification . I 4A NOTE Lands shown hereon werenot abstracted for right-of-way and/or easements of record . a NO.Tl-OQ sq DRAWN BY °oq Aerndo CHECKED BY: W. w F.B. PG. IFILE N0. 4 O 3= D m Set 7 e O 3 _ 6? V ' a ; Z Zts Z co IL a M wr 0 M A W< O R M M p O A Ore C C A .rp a M« d ••p zn Prn NNnw..Tr�r�A 7• r A N O N7 �Ow OOre TppP :y �N O I� O TNO ��aVy. NOPI m O 1d+ O C■ 0. 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