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Home My WebLink AboutCity of Tamarac Resolution R-89-038Temp. Reso. #5321 1 2 3 4 5 6 9 10 11 12 13 14 15 Fti R&M 18 21 22 23 24 25 26 27 28 29 30 05 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--897---P;;19- A RESOLUTION APPROVING AND ACCEPTING A UTILITY EASEMENT OFFERED BY COLONY WEST JOINT VENTURE ACROSS PARCEL R, WOODLAND LAKES PLAT FOR TAMARAC UTILITIES WEST PROJECT 88-54B, ASBESTOS CEMENT WATER MAIN REPLACEMENT, MCNAB ROAD AND PINE ISLAND ROAD, AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the utility easement offered by Colony West Joint Venture across Parcel R, Woodland Lakes Plat for Tamarac Utilities West 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 thisaaday of 1989. ATTEST: MM,44,4, an�� NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK = - RECORD OF COUNCU'MTE I HEREBY CERTIFY that I have MAYOR ABRAMOWITZ approved this RESOLUTION as to form. ff DISTRICT 1: C/M ROHR [,IJ1 DISTRICT 2: V/M STELZER RICHARD DOODY DISTRICT 3: C/M HOFFMAN .10 CITY ATTORNEY DISTRICT 4: C/M BENDER On this TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT n c� FOR : WC�c7 �G.b v.a Z-d eces- .�-"12 K- II L _ _ NAME OF PROJECT day of 19k, Co1'On �5 � OeA Akell 1n� n , having an address 1 1p 1opp "vim,, LLb 333 a , ( 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 "Grantee"), subject to the following 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 is attached hereto as Exhibit "S" and incorporated by reference herein, (hereinafter "the easement area"). 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 as well as for surface water storm drainage, and for other comparable public utility purposes. REV.8/4/88 -l- 0 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- 0 • 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 delivered in theesence of: ( GRANTOR) �� CA�.on w v )OA t s it�ess 10 • -3- (Seal if Corporation) 89-3� STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, authorized in the State aforesaid and in the County acknowledctements, personally anneared MAIC-10',e\ 'Fea to me known to be th going instrument and the same. an Officer duly erson described in and who execut�the fore - acknowledged before me that executed WITNESS my hand and official seal in the County and State last aforesaid this day 1988. Notary Public f My Commission Expires: A�'r f'Jt?;_1:" F,11'A' r C" Fi.GGi Ct` nT LARi:E LXPiriES rll 7, 1992 CGNGED iHRQUGH ASH70N AGENCY INC ATTEST: By ' ohs . Kelly, CI'Y MANAGER ATTEST: By arol Barbuto, CITY CLERK IL ACCEPTED BY CITY OF TAMARAC, /? GRANTEE By N rman Abramowitz, M YOR q Date: -4- J n P.' Belly', ITY MANAGER Date. --- Approved as to form: By 1 Richard L. Doody, CITY ATTORNEY is 4wo .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 acknowledgeme ts, personally appear 2 �- to me known to be the p'"rson escri`ed in and 4bo executed the fore- going instrument and &,,acknowledged before me that executed the same. WITNESS my hand and seal qt Fort Lauderdale, Broward County, Florida, this ?- day of19891. Notary Public My Commission Expires: NOTAPY PUP: IC STATE OF FLORIDA ICY COtMISSIOY E%P SEPT 17.1990 BONDED ;HRU 6EMERAI INS. UMD. TUE/W&SUT.ESMT. Revised 8/4/88 it -5- F r� -95--3 � V MOOOMONT I �' .�' •� , wz v� T AM ARAC w Y Y UAA[ _ _.L.1L9TL-MCNA07 I Fs �- PARCEL R AREA 1 EASEM 1*T % r � .4 AC I I �• 1 CU I GABLE PA IV VA rrwt n 1Al V4 9 109-o6-b12.0 WOODLAND LAKES (71 - ►81 PARCEL. R j,-.T. T 71 COLONY WEST JOINT VENTURE 7770 W..OAKLAND PARK BLVD. SUITE 320 SUNRISE, FLORIDA 33321 LEGAL t)t9CRfPTI'ON 'OF PA'ACEL 11A'6,WObDLAN0-LAKES`.- PARCEL "R" OF WOODLAND,LAKES (71-18) as recorded in P.B. 71, Page 18 'of Broward'County, Florida. Said land is situated, being and located in the N.W. 1/4 9-49-41 of Broward County, Florida. CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT. UTILITIES WEST DIVISION WOODLAND LAKES DRK_ CHK. PARCEL. "R" N I/2 SEC. 9 - 49 - 4 I SC I "=100� DATE EXHIBIT "A" MOUT 1/4 TAMARAC PARCEL R ti AREA �' I T H I.sr I E- A 5 E M 1�#T .O AC (U (9109-06-012.1) ❑❑DLAND LAKES 0 (71 - 1s) a PARCEL R Q 19' 6, M CITY R/W w OR. 10155 P107 PROP. UTIL. EASE. 27' .21' C� C� COLONY WEST JOINT VENTURE 7770 W. OAKLAND PARK BLVD. SUITE 320 SUNRISE, FLORIDA 33321 Legal Description of a UTILITIES EASEMENT adjacent to and parallel to Pine Island Road (N.W. 88th Ave.) South of McNab Road more particularly describ- ed as follows: The West 27 feet of PARCEL "R" OF WOODLAND LAKES (71-18) less the City Right - of -Way as recorded in Ordnance Book 10155, Page 107, of the Public Records of Broward County, Florida. Said land is situated, being and located in the N.W. 1/4 9-49-41 of Broward County, Florida containing 0.09 Acre. CITY OF 'TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT. UTILITIES WEST DIVISION WOODLAND LAKES UTILITY EASEMENT PARCEL R DR—P-K -- CHIt•�5,.,� N 1/2 SEC. 9 - 49 - 41 SC : I" DATE 8 i 17_/ 8 8 EXHIBIT '� "