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HomeMy WebLinkAboutCity of Tamarac Resolution R-91-200Temp. Reso. # 6176 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-91-200 A RESOLUTION APPROVING AND ACCEPTING A FIVE (5) FOOT PUBLIC UTILITY EASEMENT OFFERED BY PROSPECT COMMERCIAL, INC., FOR THE TAMARAC AUTO CARE CENTER PHASE IT PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the five (5) foot Public Utility Easement offered by Prospect Commercial, Inc., for the Tamarac Auto Care Center Phase IT project is HEREBY APPROVED AND ACCEPTED, a copy of said easement being attached hereto as "Exhibit 1". SECTION 2: That the appropriate City officials are hereby authorized to execute said easement on behalf of the City. SECTION 3: That the City Clerk is hereby authorized and directed to record said easement in the public records of Broward County, Florida. SECTION 4: This Resolution shall become effective immediately upon adoption. y� PASSED, ADOPTED AND APPROVED this I?J day of//OUewi) 1991. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIF t I have approved this R of tion as to f ALAN F. OF CITY ATTORNEY RECORD OF COUNCIL. VOTE MAYOR <-!r,3°�?ANi` 0141 DISTRW DISTRICT 4:.-- �(P� �BENUE • 0011 PUBLIC UTILITY EASEMENT PROJECT: Tamarac Auto Care Center Phase II Name of Project This Public Utility Easement made this 14 day of October , 19 91 by _.Prospect Commercial, Inc. , , having an address of Clint Moore Rd. Boca Raton Fla. 33467 Grantor, and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88 Avenue, Tamarac, Florida, 33321, (Grantee). (Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). W I T N E S S E T H: WHEREAS, Grantor is the owner of that certain real property located • in Broward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient Estate"); and WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to use a portion of the servient estate; NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations paid by each of the parties hereto to the other party, receipt of which is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as follows: 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive easement over and upon the servient estate for the installation and maintenance of public utilities. 0 121390 PUE - 1- 5 _�2T 2. Grantor reserves all rights not herein granted pursuant to this easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the easement Oerein granted or the exercise of the rights of use thereunder. 3. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. 121390 FUE �-a • IN WITNESS WHEREOE', Grantor has hereunto set his hand and seal on the day and year first above written, Signed, sealed and. (GRANTOR) delivered in the presence of: " le, " J1,4 Wi the 8 8 RICK RICARD By; f0J I itness BETINA SQ i'Z STATE OF FLORIDA SS: . COUNTY OF $A0W*ftD- • Prose ct Comme ial, Inc, Ma in P. Heise, Sect'y CORPOPATE SEAL I HEREBY -CERTIFY that on thl.s day, before me, an officer duly authorized in the State and County aforesaid �o ake acknowledgments, personally appeared /"i��� �_.Ls/. , to me known. And known to me to be the person who executed the foregoing instrument, and 1�_ acknowledged before me that ?z'_ executed the same. WITNESS my hand and ofti cial seaA in the Skate and County last aforesaid, this %i day of,A.D.199_ NOTARY PUBLIC My Commission y�.•�Expires : *dRK wYrMi WL* RXK WAND WEW-AW38.1W 6/29/90 - 3 SSDEWALK.EASEME ATTEST: By: _ Jol C ATT ST: P. Kelly, MANAGER By: a z arol A. Evans, CITY CLERK STATE OF FLORIDA ) SS COUNTY OF BROWARD R -C71-;2 ACCE TED BY CITY OF TAMARAC, GRAAYEE n . By: Nprman Abramowitz, MAYOR Date: 9 BDJ h"11 IT Date: Approved as to form: By: _ Ala uf, CITY ATT RNEY I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take ackn wledg-ments Personally appeared Y p ,o to me known to be the person described n a who executed the fore- going instrument and acknowledged before me that executed executed the same. WITNESS my hand and official seal at Fort Lauderdale, Broward County, Florida, this. day of _,noU�`--:,, 19 9 I Notary Public My Commission Expires: Tub IA� it J A'RY PUBLIC, STATE OF FLORIDA. PAY (XINMISS!C'N EXPIRES: JUNE 26, 1993, \1 O0 BONDED THRU NOTARY PUSUC UNDERWRITERUJ 121390 MAST-DOC PUB.UTIL.EASE. C� - 4- PUE All 46543A 11 R ~ / / -_a ... 4P 0 1' 1 L-1 DESCRIPTION UTILITY EASEMENT: An easement for the construction and maintenance of Public Utilities over all that part of the Northwest one -quarter (NW1/4) of the Southeast onde-quarter (SE1/4) of Section 17, Township 49 South, Range 42 East, Broward County, Florida, described as follows: Commence at the Northwest corner of Parcel "S", TAMARAC LAKES SOUTH, as recorded in Plat Book 62, Page 24, of the Public Records of Broward County, Florida; thence N88005'34"E along the North line of said Parcel "S", and an Easterly projection thereof, 353.41 feet to the POINT OF BEGINNING of the Easement herein described; thence continue N88005134"E, 7.06 feet; thence S46047'00"E, 38.34 feet; thence S01039'34"E, parallel with the West Right -of -Way line of Prospect Road,192.83 feet; thence S88005'34"W, 5.00 feet; thence N01039'34"W, parallel with the West Right -of -Way line of Prospect Road, 190.78 feet; thence N46047'00"W, 41.24 feet to the POINT OF BEGINNING. Date: �� 4 'R6ffh R. Davis P.L.S. #978 State of Florida. DAVIS ASSOCIATES, INC. Consulting Civil a►►d Envitminitwal fnginrrrs - Land 5mvtyors • Lind Deudopmetf Consnllants • P611u1r►s 665 S.E. 10th STREET - SUITE 202 - DEERFIELD BEACH, FL 33441 phone: (305) 698-9101 !KMA e) AF 46563A if -g/-caooIt 0 C-I t_ W. CO~C-9-0&L f3LVt7. ar t]0 P, o. Es. 51 DE- W A• l..K... .. P co. e. 4 Qom` le, -r-c o SM-"r. n 3(60.4a �� 3's�.4l' ►�` �� S 464-#'0O"E `���,� 3S•4'3' 38.3�16d'yJ N 5O� 4 �I o 0 I2, o I I I I I I I� I I� 50 SBb�Os'3y-"W SKETCH TO ACCOMPANY DESCRIPTIONS Ku, e-r DAVIS ASSOCIATES, INC. Consulting Civil and Envilonnlrnhd Engintas • land Sum(yols - boul D(mbp urnt Consultauih . PLI' in) 665 S.C. ldth STREET - SUITE 202 - DEERFIEL.D BEACH, FI. 33441 phone: (305) 698-9101 ,ae No. 1 v CATt �a z .� 1_ - oaaNVN er► s:.0.006