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HomeMy WebLinkAboutCity of Tamarac Resolution R-79-020Introduced by: I - _ _ 1 Temp. 1187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Ii 17 18 . 19 20 21 22 23 24 25 26 27 28 29 (r 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. - ZIP A RESOLUTION GRANTING AN EASEMENT TO TAMARAC UTILITIES, INC. AND UNVERSITY REALTY ASSOCIATES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City official is hereby autho- rized to execute the grant of easement from the City of Tamarac to Tamarac utilities, Inc. and University Realty Associates for sewer and water purposes on lands described as Exhibit "A" within the easement document, which is at- tached hereto and made a part hereof by reference. SECTION 2: The Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this ��day of January, 1979. ATTEST: !Z? &i� 1 i ' I HEREBY CERTIFY that I have ap- proved the form and correctness of this Resolution. I Y ATTO NEY 1/1 LG' MAYOR RECORD OF COUNCIL VOTE MAYOR W. FALCK V1M H. MASSARO 410 C1M H. WIENER q:jf C1M I.M. DISRAELLY _ C11V M. a_ Ott l� Re - GRANT OF EASEMENT THIS IS A GRANT OF EASEMENT, made this -7 day of LLI,t d, 1979, by and between the CITY OF TAMARAC, a political subdivision of the County of Broward, hereinafter called "GRANTOR!,and TAMARAC UTILITIES, INC., a Florida corporation, having its principal place of business in the City of Tamarac, Broward County, Florida, and UNIVERSITY REALTY ASSOCIATES, a Florida General Partnership, hereinafter collectively called "GRANTEES" or each called "GRANTEE". W I T N E S S E T H: WHEREAS, the 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, the GRANTOR is desirous of granting to the 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 purposes expres- sed below; and WHEREAS, GRANTEES are desirous of having the GRANTOR grant such easement or right-of-way and are 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: 1. GRANTOR grants unto GRAND, University Realty Associates, its successors and assigns, an easement on, over, upon, under and across the land described in Exhibit "A' for any water and sewer lines, to be installed from time to time, for the use and benefit of the public; with the right to recon- struct, improve, add to, change the size of or remove such facilities or any of them upon the express consent of the GRANTOR; 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 herein granted; provided however, that such excerise 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. pf sy a P � ' 2. GRANTOR grants unto GRANTEE, Tamarac Utilities, Inc., its succes- sors and assigns, an easement on, over, upon, under and across the land described in Exhibit "A" for water and sewer lines, 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 standards as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida. 3. In the event that the exercise of their rights granted herein by any GRANTEE or their successors or assigns damages any then -existing land surface cover and/or grading, such damages shall be repaired within seven days by the party doing the damage 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, that in repairing such damage, the said land shall be restored to a condition or quality at least equal to that of 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 his successors and assigns, to construct, operate and/or maintain any of the above described facilities, and if the property is not restored within seven days, GRANTOR, is authorized to declare this easement null and void. 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 the City of Tamarac, County of Broward and the State of Florida and not in conflict with the making of this Grant of Easement. -2- IN WITNESS WHEREOF, GRANTOR and GRANTEES have set their hands and seals on the day and year first above written. Signed in.fiie presence of: STY ►4�vi �+ ye � T� 4- 71ro r pi a t! ock-�-'rql STATE OF FLORIDA )ss COUNTY OF BRDWARD) CITY OF TAMARAC, Grantor BY: TITLE: ATTEST:��—� UNIVERSITY REALTY ASSOCIATES, Grantee a Florida General Partnership As General Partner TAMARAC UTILITIES, INC., Grantee TITLE: ATTEST I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforementioned to take acknowledgements, personally appeared MovssAkpand �r � &F as VI42 14y�t anc� I x e,21� respective , o t e CITY 0 TAMARAC, to m��mown tobe the persons who execu ed the foregoing instrument, and they acknowledged before me that they executed the same on behalf of the City of Tamarac.] '? WITNESS my hand and official seal this L!�_ day of�V. •,? rtit�u�.t 1979. v PUBLIC STATE OF FLORIDA My commission expires: Notary Public, State o' r!ori�a of u rce My Commission [-< Tres June 7, 193I Bonded by I::uiceY Agency STATE OF FLORIDA )ss COUNTY OF BROWARD) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State 1911d CQunmty aforementioned to take acknowledgements, personally appeared I , ),L'_ as General Partner of UNIVERSITY REALTY ASSOCIATES, to me known to be the person who executed the foregoing instrument, and he acknowledged before me that he executed same on behalf of said University Realty Associates. WITNESS my hand and official seal this ,3�-A day of i)—a Lrl 1979. - � f NOTARY PUBLIC STATE OF FLORIDA My commission expires: STATE OF FLORIDA ) COUNTY OF BROWARD) s s I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Staff and County orementioned to take acknowledgements personal] appeared `, ,� n „ (, „ , and as v et r 12A:s / � , an respectively, o C UTILITIES, INC., to me awn to e e persons o executed the foregoing instrument, and they acknowledged before me that they executed same on behalf of said Tamarac Utilities, Inc. WITNESS my hand and official seal this 22_ day of 1979. J 9TA'RY PUBLIC STATE OF FLORIDA My commission expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISI;KIN EXPIRES FEB. 2, 1979 BONDED THRU GENERAL INSURANCE UNDERWRITERS -4- FOR: UNIVERSITY REALTY ASSOCIATES 1 t SCALE: /'v=3Q' 1:liPOPO,gED 41N/VEiPS/7'y COMM4IN17—Y ME"AD /C.4 [ /"2'L .4 Z.4 PL,4T L9 E c010NER c5EC770/V 4:— S` 9— 41 UN/vERS/T'Y / "V00/2760 `r --4- Poc Z.457— lJNE— SECT/O 4-49-41 DR1vE CRAVEN • THOMPSON & ASSOCIATES Il� ENGINEERS • PLANNERS • SURVEYORS 5901 N.W. 31 AVENUE FORT LAUDERDALE , FLORIDA 33309 , (305) 971-77 OFFICES: FORT LAUDERDALE , MLAAII , WEST PALM BEACH , PUN'1'A (k)RDA , ISLAMOIUII)A . 1 R1 v NOTE _ TMIS IS W A SKETCH OF SURVEY but Only o POphie depiction of the description shown hereon. There has been no field work , +1ewin0 of the subject property , or rnonumer" sot In eomect On with the properotion of the Informotion Shown hereon. UN�f'E'COROEO ,oL.4T OF T.4/1'l.4Fr'AC PA�P.e StiOP�/NG ��iyTE�P DESCRIPTION: 15 FOOT OFF —SITE UTILITY EASEMENT A portion of Tract 17 of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 4, Township 49 South, Range 41 East, as recorded in Plat r Book 4, Page 31, of the Public Records of Broward County, Florida, being more particularly 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 1913.43 feet; THENCE North 87'41'24" West, a distance of 355.89 feet to the Point of Beginning of this description; THENCE continue North 87'41'24" West, a distance of 22.13 feet; THENCE North 45-00121" West, a distance of 103.25 feet to a point on the North line of said Tract 17; THENCE South 87'41'24" East, along the North line of said Tract 17, a distance of 22.13 feet; THENCE South 45'00'21" East, a distance of 103.25 feet to the Point of Beginning. Said lands situate, lying and being in Broward County, Florida. TED: OC70BER Zs,19 76 iPDATES and/or REVISIONS DATE BY I CK'D NOTE The undersigned and CRAVEN •TMOMPSON S ASSOCIATES, INC. make no representations or guarantees as to the information reflected hereon pertaining to easements, rights- of -way, set bock lines, reservations, agreement's 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 vertification . NOTE Lands shown hereon were not abstracted for right -of-way and/or easements of record. NO. 7&.C;j; y� DRAWN BY : O. C.O. CHECKED BY �� ' F B pD IFILE NO.