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Home My WebLink AboutCity of Tamarac Resolution R-89-037Temp. Reso. #5320 31 3 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--89-z�iz A RESOLUTION APPROVING AND ACCEPTING A 15-FOOT UTILITY EASEMENT OFFERED BY EDWARD RACK CORPORATION D/B/A COLONY WEST COUNTRY CLUB ACROSS TRACT A, COLONY WEST CLUBHOUSE PLAT FOR TUW PROJECT 88-54B ASBESTOS CEMENT WATER MAIN REPLACEMENT, MCNAB ROAD AND PINE ISLAND ROAD; AND PROVIDING AN EFFECTIVE DATE. BE TT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the 15--foot utility easement offered by Edward Rack Corporation d/b/a Colony West Country Club across Tract A, Colony West Clubhouse Plat for TUW Project 88-54B asbestos cement water main replacement, McNab Road and Pine Island Road, 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 upon adoption. PASSED, ADOPTED AND APPROVED this ,4,�-- day ofL't` 1989. ATTEST: NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK - I HEREBY CERTIFY that I have RECORD OFCOUNCILVOTE approved this RESOLUTION as to MAYOR ABRAMOWITZ form. DISTRICT 1: C/M ROHR «' DISTRICT 2: V/M STEL,ZER RICHARD DOOD CITY ATTORN DISTRICT 3: C/M HOFFMAN DISTRICT 4: C/M_KNDER it r fx6f it 1r / Ile- r7 TAMARAC UTILITIES WEST WATER -AND SEWER- UTTLIT_Y EASEMENT FOR: � COLODNY VEST COUIIM CLUB NAM1; OF P1t0.7ECT� -�—_-- On this ,,Z2xx1 d a y of 19 f3-Wward Rack Corprrati-On _ having an address of _6800 N.W. 88th avenue, (hereinafter "Grantor"), expressly grants an easement to the City" of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 N.W. 88th Avenue, Tamarac, Florida, 33321, (hereinafter "Granteell), subject to the fol.lowinel r provisions and in consideration of the sum of Ten Dollars (10.00) and other good and valuable considerations paid by Grantee to Grantor, receipt of which is hereby acknowledged by both parties. Grantor is the fee simple owner of that parcel of real property, a legal description of which is attached hereto as Exhibit "A", and incorporated by reference herein, (hereinafter "the servient estate"). Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, a perpetual easement under, over and upon a portion of the servient estate, a legal description of which tis attached hereto as Exhibit "B" and incorporated by reference herein,_ (hereinafter "the easement area"). 4 Grantee may use the easement area for the laying, installing, maintaining, operating and altering of water lines and appurtenant facilities, sewer lines and appurtenant facilities a, well as for surface water storm drainage, and for other Comparable public utility purposes. 40REV.8/4/88 Be Grantee's right to utilize the easement area shall be exclusive to the extent that Grantor shall grant no easement or license, nor make any covenants, having the effect of permitting use of the easement area by one other than Grantee, except grantor may furnish an easement to Florida Power and Light, Southern Bell or American TV that crosses this easement at right angles. Grantor may, for its own purposes, utilize the easement area and shall retain a right of free ingress and egress under, over and upon the easement area; provided that, in no event, shall any of the rights herein reserved to Grantor impede the easement herein granted or the exercise of the rights of use thereunder. Grantor grants to Grantee, a perpetual non --exclusive easement upon the servient estate whereby Grantee shall have reasonable access necessary to fully exercise Grantee's rights within the easement area. The provisions of the easement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with and binding upon the servient estate. This easement shall not be released or amended without consent of the Grantee as evidenced by a document signed with the same formalities as this document. Grantee shall record this document in the Public Records of Broward County, Florida. -2- r twc :3 • This instrument contains the entire agreement between the parties relating to the rights granted and the obligations assumed pursuant to this instrument. Any oral representations or modifications concerning this instrument, shall be of no force and effect, excepting a subsequent_ modification reduced to writing, signed by the party to be charged therewith. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and 1 iveredn e presence of: (GRANTOR) Edward Rack Corporation Witness'--t r K. Andersen fitness Peter2. Swanson Norman C. Rack Vice President (Seal if Corporation) -3- P HS'9-37 STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared �6d=k to me known to be the person described in and who executed the fore- going instrument and acknowledged before me that ALe_ executed the same. WITNESS my hand and official seal in the County and State last aforesaid this _'20 day of J O. 19$8. NOTARY RUNLIC STATE OF FLORIOA NY CONNISSION EXP SEPT 24,1991 Notary Public $ONOED Two GENERAL INS. UND. My_ Commission Expires.;.' ATTEST: ACCEPTED BY CITY OF TAMARAC, GRANTEE 4MANAGER4 BY 13y a Kel rman Abramowitz, Y M YOR r ATTEST: Date: �� S By Carol A.az1s, Jo P. Kelly, --—�— CITY CLERK C Y MANAGER Dater g9 Approved as to form: ByF JA d Richard L. Doody, CITY ATTORNEY 17 -4- 11 0 e-?q--3 ? STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgem //ts, personally appeared to me known to be the` ersola descz ed in and who exe uted t e fore- going instrument and&/,�acknowledged before me that ,t _ executed the same. 'WITNESS my hand and seal t Fort Lauderdale, Broward County, Florida, this _ day of �z[c.c-�,- , /1�9811. Notary Public My Commission Expires: NOTARY P113UC STATE OF FLORIDA NY CONNISSION EXP SEPT 17,1990 BONDED THRU GENERAL INS. UND. m C� TUE/W&SUT.ESMT. Revised 8/4/88 0 -5- e Q-�)5 3`J Z rANA11ACQUAR�Jir 1 Ivaly ritr ��M w i9 1 P6 WN— n KEY PLAN S.W. CAR. "MALT A,--'0 C0400y We -air C wap- LtOtaSr- FLA-r'ere. ID3, M TPO; 0.C.a.) _53, I Mc: �►.1L�E5 rZoov PArzC.Ei. ' GZ" 'S a°J"vZ'ov"E Z 50,040 �... �. • G'U.E ,103/3r-) ro_ I w vwi,� o �m o I D 4 Ln 7 f' O l rG' u.e. ? `IDb/ 13G� 3 u 6°-•10Z'00U 25G. '4' &>"MB¢LY SWDY�i I TRA Gr A Li, WQdDLL►�O L. 4v r=s (,?I/ is) I f r- 10 "Ua old 5Z 3 7_ 58 DESCRIPTION OF TRACT A, COLONY WEST CLUBHOUSE PLAT: TRACT A., !COLONW''.WEST I.CLUBI40USE PLAT,, acdording ,to the plat thereof, as-recdrded�.in Plat Bdok 103, Page 36, of the Public Records of Broward County, Florida. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida. CITY OF TAMARAC SKETCH OF DESCRIPT1 N TAMARAC ENGINEERING DEPT. UTILITIES WEST DIVISION TRACT A COLONY WEST C' HOU.SE CMK. N 1/2 SEC. 9 - 49 - 41 SC - 10 DATE EXHIBIT "A " �,�7,37 7 rnv�r � v v r IquIQU ARAC r �J .14��■ r C� ARt NEST PApP+C� o I z-a KEY PLAN "'vW. COR. ^T¢pL7 A,-., WL-0 y W@'3'i "Do'. U►ou,5B Q4.D'f, (Pla.103, v& 3G; a. G. Gi. DESCRIPTION OF A 15' UTILITY EASEMENT: .53' I Me IJ415 CZ040 PArzGEa, aRM 5 S��oZ'oo"('71 18 ) Z5a.o4' �. W ux roA" 3 w fi EXI sr 1? vim 4 I O 271 ► w Ln • PI�oRo,f�p G' U.E. q? U ev00z'0Aj 250 4' �'r16MLY away I 'rmAGT A III I PAQGE.L " `.. WObD1.LL�.tO "VMS C?1/ 1e,) I exlsr. +-�- 0 "Ucr OR 5Z 3 7.- 58 The East 15 feet of the West 27 feet of TRACT A, COLONY WEST CLUBHOUSE PLAT, according to the plat thereof, as recorded in Plat Book 103, Page 36, of the Public Records of Broward County, Florida. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida containing 0.189 Acres. CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT. UTILITIES WEST DIVISION TRACT A DR-2 ,< CHK. LL 151 UTILITY EASEMENT COLONY WEST CIHOU.SE N 1/2 SEC. 9 - 49 - 4I Sc ! ±1oQr- DATE ! 117 !88 __. EXHIBIT "PI "