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Home My WebLink AboutCity of Tamarac Resolution R-91-073Temp. Reso. # 6026 3 • 2 CITY OF TAMARAC, FLORIDA 3 RESOLUTION NO. R-91- - 7,-3_- A RESOLUTION APPROVING AND ACCEPTING A 5-FOOT PUBLIC UTILITY EASEMENT OFFERED BY PROSPECT COMMERCIAL INC. FOR THE AUTO CARE CENTER PHASE II PROJECT; AND PROVIDING AN -EFFECTIVE -DATE. E IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: f SECTION 1: That the 5-foot Public Utility easement offered by Prospect Commercial Inc. for the Auto Care Center Phase II 30 project is HEREBY APPROVED AND ACCEPTED, a copy of said easement I being attached hereto as "Exhibit SECTION 2: That the appropriate City officials are 32 hereby authorized to execute said easement on behalf of the -City. 11 SECTION 3: That the City Clerk is hereby authorized �6 and directed to record said easement in the public records of Broward County, Florida. x7 SECTION 4: This Resolution shall become effective 16 1 immediately upon adoption. PASSED, ADOPTED AND APPROVED thiseZ_�- day of ,1991. NORMAN ABRAMOWITZ MAYOR i5 26 27 28 29 )0 23 35 ATTEST: ~C ROL A. VANS CITY CLERK I HEREBY CERTIFY that I have approved this ,R solution as to rm. / ALAN F. R F CITY ATT RECORD OF COUNCIL. VOTE MAYOR AQRWITZ 44 DISTRICT 1: C/IdeI KATZ DISTRICT 2: A DISTRICT 3: ai P►SSER DISTRICT 4: PUBLIC UTILITY EASEMENT PROJECT: Auto Care Center Phase II Name of Project This Public Utility Easement made this _2�_ day of'' 1991 by Prospect Commercial Inc. 3 Clintmoore Rd. Boca Raton F1. 33487 having an address of 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. more particularly described in Exhibit "B" attached hereto. 0121390 CAW PUE • 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 herein 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. 0121390 �a PUE 11 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and deli, )Pred in the presence of: /-i WIT'1 S rGe5Agd Bers WITNESS Rick Ricard STATE OF FLORIDA ) COUNTY OF BROWARD SS (GRANTOR) Prospect Commercial Inc. J By: (SEAL I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledg- ments, personally appeared Martin P. HEISE to me known to be the person described in and who executed the foregoing instrument and HE acknowledged before me that HE executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 8 day of March A.D. 1991 Notary Publi Rick Ricar� My Commission Expires: Notary Pubk 9* d Aw* My Commission ENOW June 30 1991 Banded ihry Nobly UndeMr"-« 121390 M19 PUE ATTEST: ACCEPTED BY CITY OF TAMARAC, 4 GRAqNo E 4 By: By: Joh P. Kelly, ., manAbramowitz, CI Y MANAGER MAYOR ATTEST: Date: i 9/ By:2Z GY BY: Carol A. Evans, J n P. 'Kelly CITY CLERK TY MANAGER Date: Appro By: STATE OF FLORIDA ) SS COUNTY OF BROWARD ACTING CIT ATTORNEY I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take Acknowledg-ments personally appeared(, to me known to be the person described in and who execute the fore- going instrument and 6AxzP acknowledged before me that executed the same. WITNESS my hand and official seal at Fort Lauderdale, Broward County, Florida, this _L± day of 19 q/ . Notary Public My Commission Expires: NOTARY PUBLIC STATE OF FLORIi1A— MY COMMISSION EXP. NOV. 6;1994 BONDED THRU GENERAL INS. UND. 121390 MAST-DOC PUB.UTIL.EASE. =n PUE Af 46543A r •' •�'* �U �' AND - ., =r l pusr RiAL s. N.w, SDrk 'sr . 6 me rAM ARAIC R 0. ' L�Ot�N7 R Y , CL VB I i K M , � A ;GOeAT"/dN SKFi DAVIS ASSOCIATES, INC. Consulting Civil mul Lnvironnrrn(nl I:ngintets ' Land 5nrntyors ' buid Datloln itnt Corrsulhuih ' Planner, 665 S.E. 10th STREET - SUITE 202 - DEERFIELD BEACH, FL 33441 phone: (305) 698-9101 Joe 040. 1' c, t gn 1 DAT[IDRA" By, - tr.1)./Pc. AF 46543A 11l/ f /�Q., 344 EXHIBIT "A" • rj4�s Mf►Mr •1 r 1• An ,. 1 -L arr N01 ►wcL POEO PARENT TRACT 151 DAVIS ASSOCIATES, INC. Consulling Civil and Envirauurnlul Engines ' Land Sitnityms • Lind Drvrlopnind Consnllanls • ('Linnet) 665 S.G. 10th STREET - SUITE 202 - DEERFIEL.D BEACH, FL 33441 phone: (305) 698-9101 1 lip ,,os No. 1 $G 1 1 d I DAM S- 11 ____ DAAMrN BY ISN IT 1 aP 2 AF 46547A DESCRIPTION PARENT TRACT: It ie y 5 / EXHIBIT "A" Cont. The East 125 feet of the North 175 feet of Parcel "S", TAMARAC LAKES SOUTH, according to the plat thereof as recorded in Plat Book 62, Page 24, of the Public Records of Broward County, And a portion of the Northwest one -quarter (NW1/4) of the Southeast one -quarter (5E1/4) of Section17, Township 49 South, Range 42 East, lying East of and adjacent to said Parcel "S", bound on the East by a line parallel with and 50 feet East of the East line of said Parcel "S", and bounded by the North by the Easterly extension of the North line of said Parcel "S" and bounded on the South by a line parallel with and 175 feet South of the said North line of said Parcel "S"; LESS the external part of a 25 foot radius curve lying between the tangents and being located at the Northeast corner of the aoove describd portion; LESS A portion of the Northwest one -quarter (NW1/4) of the Southeast one -quarter (SE1/4) of Section 17, Township 49 South, Range 42 East, more fully described as follows: , Commencing at the Northeast corner of said NW1/4 of the SE1/4 of Sectio 17; thence S00017151"E along the East line of said NW 1/4 of the NE1/4 of Section 17, a distance of 65.93 feet; thence S89042'09"W, a distance of 50.0 feet to the POINT OF BEGINNING and a point on a curve; thence Northwesterly along a curve to the left whose tangent is perpendicular to the last mentioned course with a radius of 25.0 feet, and a central angle of 9001810011, and arc distance of 39.40 feet to a point of tangency, said point being 40.0 feet South of, as measured at right angles to the North line of the said NW1/4 of the SE1/4 of Section 17; thence S45026'51"E a distance of 35.45 feet to the POINT OF BEGINNING. Date: HugDavis P.L.S.#978 State of'Florida. DAVIS .ASSOCIATES INC. Cksnlling Civil aml Envimmutnial Enginrt►s - Lind Swveynis . Lwl N,dopmtN Cnnsullanis - Pl,nn ei� 665 S.E. 101h STREET - SUITE 202 - DEERFIELD BEACH, Fl. 33441 phone. (305) 698-9101 ,oe No.13& t °� oat�t 3__ l �l _ oaaMn+ e r� - _ I F o. / M _ e . 2 o F z AF 46543A st p — C-1 I -- - z �f 4 EXHIBIT "B" yu.• Arr.rw •.. •r tr; M� �'; WES"(•. c.oMMEtZ.Gtpl_ atr�/D .: Z17Gwpsg, 6 DVN[. wA, r( —��Awe axis rr r ! �1•v N4s ..a lA y4N p...a. yar I I 5 x� ' AAPAJW AWW1--V4:4P.r F,S00 (� �MlWf� c b . •• • qrl• • A _ P r+ - .t yn• � Inn w> Ilk XA No. 13 (.- 110 SKETCH FOR UTILITY EASEMENT DAVIS ASSOCIATES, INC. Consnlling Civil and Euui►timnn tal Engineers • Luul 5wwyMs , boul Dew/olmienr Consul6ral> • Roma) 665 S.E. loth STREET - SUITE 202 - DEERFIELD BEACH, FL 33441 phone: (305) 698-9101 OAT[, 3 8 1 9 1 OAAMeN 9Y- 1 F.H./PG. ,56CCT 1 0 2 AP 46543A -Il/-?3 DESCRIPTION UTILITY EASEMENT: EXHIBIT "B" Cont. An easement of Public Utilites 5 feet in width, lying in a portion of Parcel "S", TAMARAC LAKES SOUTH, as recorded in Plat Book 62, Page 24, of the Public Records of Broward County, Florida, and in a portion of the,NW1/4 of the SE1/4 of Section 17, Township 49 South, Range 42 East, Broward County, Florida, described as follows: BEGINNING at a point on the North line of said Parcel "S", TAMARAC LAKES SOUTH, said point being located 217.63 feet East of the Northwest corner of said Parcel "S"; thence N89027'17"E.along the South Right--of-way line of Commercial Boulevard 149.89 feet; thence S45026'51"E, 35.45 feet; thence S00017'51"E along the West Right -of -Way line of Prospect Raod, 149.89 feet; thnce S89027'17"W, 5.00 feet; thence N00017'51"W, parallel with the West Right -of -Way line of Prospect Road, 147.81 feet; thence N45026151"W, 31.29 feet; thence S89027'17"W, parallel with the South Right -of -Way line of Commercial Boulevard, 147.81 feet;.thence NOOo- 17'51"W, 5.00 feet to the POINT OF BEGINNING. Date: A-g-CA R. Davis P.L.S. #978 State of'Florida. DAVIS ,ASSOCIATES INC. Consulting Civil and Envimmut id Enginrns - Livid 5un,ryo►s ' bid Dw10 mad Gnsidimils - Plannet> 665 S.E. loth STREET - SUITE 202 - DEERFIELD BEACH, Fl. 33441 Phone: (305) 698-9101 406 DAT[� 3 Sig 1 �OAOWN BY, - 07 2 ,, z M 1 rnVL I Z lir f J. T I` a jr Z =W aF IOU 37 MIN Vr , `w Iy R 1 1 C� :% I w