HomeMy WebLinkAboutCity of Tamarac Resolution R-78-180Introduced by: Temp. Reso. #1126
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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
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DESCRIPTION: AN OFF -SITE UTILITY EASEMENT (EXHIBIT "A")
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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.
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%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.
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