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HomeMy WebLinkAboutCity of Tamarac Resolution R-78-216Introduced TEMP. RESO. #1165 1 2 3 4 5 6 7 E:A 0 10 11 12 13 14 15 ]6 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 7��0�/( A RESOLUTION ACCEPTING AN EASEMENT FROM LEADERSHIP HOUSING, INC. FOR THE UNIVERSITY COMMUNITY MEDICAL PLAZA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC: SECTION 1: That the appropriate City Official is hereby authorized to execute the grant of easement offered to the City of Tamarac by Leadership Housing, INc. for drainage facilities on lands described as Exhibit A within the easement document, which is attache( hereto and made a part hereof by reference. SECTION 2: This resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED. this40 day of 1978. M YO ATTEST: tllss'f ITY CLERK I HEREBY CERTIFY THAT I have approved the form and correctness of this RESOLUTION. In 0,-, CITY ATTIORNEY RECORD OF COUNC E VOTE MAYOR W. FALCK V/M H. MASSARO C/M H. WIENER C/M LM. DISRAELLY C/W M. KELCY VIZ 5 K %d f }' This Instrument Was Prepared By. _SAMUEL HY SILVERGLATE, Esquire. COURSHON 6 BERK, P.A. 8t1A6 North University Drive "' Tamarac,-lorida 33321 7 8- 3 4 3 7 01 GRANT OF EASEMENT THIS INDENTURE, made this 12th day of December , 1978, by and between LEADERSHIP HOUSING, INC., a Delaware 6006 No LV►1*ver2r:T( 3)riv2, corporation, hereinafter called "GRANTOR," and the CITY OF TAMARAC, P.J.6e)y ).sz/o 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 c- 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 drainage 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" for the purpose of exercising the easement Tr C7 T herein granted; provided, however, that such construction, operation and/or maintenance shall be in accordance with the CA G.� then -prevailing standards, as prescribed and delineated by any n r„ and all applicable ordinances of the City of Tamarac, County v of Broward and the State of Florida; and further provided, however, ^r` - - TATE c r FLORIDA; — r; I ' ]OCUMENTARY,,-- �' Tip X j f` i r n r. -_ 1EP7. OF REVENUE c.r 4 � OEC B " ti P.F. 2 6 8 �� 0 0. 30 � .n �9s 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 infliction 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. 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 the day and year first above written. In the presence of LEADERSHIP HOUSING, INC., a Delaware corporation By: S. J ORKMAN, Hers%dent V V. Attest SAM EL HY FsRL Assistant Sec's 2 1 1 ACCEPTANCE OF GRANT OF EASEMENT The CITY OF TAMARAC does hereby accept the foregoing Grant of Easement. In the presence of: CITY OF By WALTE R W. F , Mayo -3- STATE OF FLORIDA ) SS. COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, �tn officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared S.J. WORKMAN and SAMUEL HY SILVERGLATE, as President and Assistant Secretary of LEADERSHIP HOUSING, INC., a Delaware 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 last aforesaid, this 12th day of My commission expires: NUTARY VUBLI C STATE OF FLORIDA AT LARSM MY COMMISSION EXY I RES NON. 21 1981 90NDED THW GENERAL 06, UNDERWRITERS STATE OF FLORIDA SS. COUNTY OF BROWARD ) seal in the State and County December 1978. Ct %. , ffr • � �M � t Notary Public, S tc,i'f ..: +' at larger I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, 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 aforeaid, this _day of 1978. Notary Pub ic, State of or,ida., at large�,�tF My commission expires{ 0 k; n ., r�ti 1 „1 cVrRA/. iN5 ikV1�ER t Y MY (. Qh'.N c , _ F � f : ` x a • o p 03NM inR,+r4 RA: ,rv, '^)4RWR1F.111, y 'Q STAY. FOR, UNIVERSITY REALTY ASSOCIATES 1 u SCALE: /V B 9 ' O/ !�1/ .S. 'j, 9100/ ;-1522 E DESCRIPTION: 10—FOOT OFF —SITE DRAINAGE EASEMENT NO. 2 A portion of FORT LAUDERDALE TRUCK FARMS SUBDIVISION, of Section 4, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida, being more parti— cularly described as follows: COMMENCING at the Southeast corner of said Section 4; THENCE North 00'12'16" West, along the East line of said Section 4, a distance of 1638.01 feet; THENCE North 89'01'50" West, a distance of 931.01 feet to the Point of Beginning; THENCE continue North 89'01'50" West, a distance of 792.48 feet to a point on the arc of a circular curve to the right, whose radius point bears South 70'40'13" West, from the last described point, said point being further described as being on the Easterly Right —of —Way line of that certain canal as recorded in O.R. Book 6450, Page 688, of the Public Records of Broward County, Florida; THENCE Southerly and Westerly along the arc of said curve, along said Easterly Right —of —Way line, having a radius of 540.00 feet, an arc distance of 10.62 feet; THENCE South 89'01'50" East, a distance of 789.10 feet; THENCE North 00'12'16" West, a distance of 10.00 feet to the Point of Beginning. Said lands situate, lying and being in Broward County, Florida. (&767 RECORDED IN THE OFFICIAL RECORDS OF HOWARD COUNTY, FLORIDA R. R. KAUTH CRAVEN • THOMPSON & ASSOCIATES It ENGINEERS • PLANNERS • SURVEYORS 5901 N.W. 31 AVENUE , FORT LAUDERDALE , FLORIDA 33309 . (305) 971-T OFFICES: FORT LAUDERDALE , MIAMI , WEST PALM BEACH , PUNTA GORDA , ISLAMORADA & Y,A,*A, T �� )q ''- 6-tt5E +T --F. mL 4,T-. Ice 70 DATED: �J/Oac�rr��i'3D, �9%B UPDATES and/or REVISIONS DATE I BY CK�l JOB N0. 7e- QG 'lB I DRAWN BY : I>• C'D NOTE THIS IS NQT A SKETCH OF SURVEY but only a graphic depletion of the description shown hereon. There has peen no field work , viewing of the subject property , or monuments set in connection with the preperation of the information shown hereon. ,i Poe. sE. COP �o <3Tl —11 CA C4 n a� CrT1. ' W NOTE The undersigned and CRAVEN •THOMPSON 8 ASSOCIATES, INC. make no representations or guarantees as to the information reflected hereon pertaining to easements, rights- of -Way, set bock lines, reservotions,agreemertts and other similar matters, 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 vertificotion . NOTE Lands shown hereon were not abstracted for right - of -way and/or easements of record . CHECKED BY: "% IF.B. &//A PG. 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