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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-232Temp. Reso. #5127 1 2 3 4 �J 10 11 12 13 14 15 16 17 18 Lu 21 22 23 24 25 26 27 28 29 30 33 34 35 CITY.OF TAMARAC, FLORIDA RESOLUTION NO. R-88-,7Z.-5,;2- A RESOLUTION APPROVING AND ACCEPTING A WATER AND SEWER UTILITY EASEMENT OFFERED BY RAYMOND A. ROGERS AND LEONA ROGERS, HIS WIFE, FOR THE NATIONAL SAFETY COUNCIL PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Water and Sewer Utility easement offered by Raymond A. Rogers and Leona Rogers, his wife, for the National Safety Council 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 upon adoption. PASSED, ADOPTED AND APPROVED this day of 1988. ATTEST: NORMAN ABRAMOWITZ MAYOR CA�ROOLL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4QX"'U� RICHARD DOODY CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ A,64 ,4-7 DISTRICT 1: C/M ROHR DISTRICT 2: V/M STELZER DISTRICT 3: C/M HOFFMAN DISTRICT 4: _C/M BENDER TAMARAC UTILITIES EAST lWATER AND SEWER UTILITY EASEMENT FOR: NATIONAL SAFEW CODICIL PRO= On this ��day of , 198_, RAYMf�ID A. S and LEM FRS, his wife , having an address of 2 - N., W. t rida 33309, (hereinafter "Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 5811 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, 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 "B" and incorporated by reference herein, PJ (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.10/26/87 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 C,, _F 9-awl 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 the presence of: R. FLINE JCS Witness Wlt ess • (GRANTOR) ISM L � I MON D A. ROGERS LEONA ROGERS R - S_ e _a -1.4 5 0?" 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 s_'fe.. to me known to1be the person described in and who executed the fore- going instrument and the acknowledged before me that they_ executed the same. WITNESS my hand and aforesaid this day k0TARY PUBLIC STATE dF FT.L1iiwA MY COMMISSION EXP JULY 11,1992 80NDE0 THRU GENERAL INS. UND. My Commission Expires: official seal in the County and State last Signed, sealed and delivered in t r e ce of: n - _'0 (, 'I -Alf Attst�d : City 'Ma g r John P . Xe,4y c� Attested: City Clerk CAROL A. EVANS I HEREBY CERTIFY that I have approved the form and correct- ness of this Easement Document. 4 CITY ATTORNEY Richard L. Doody Notary Public (GRANTEE) CITY OF TAMARAC By No Abramowitz, P9ayor -4- C� 0 C- 8ga36)- • STATE OF FLORIDA COUNTY OF BROWARD I HEREBY TIFY that on this day, before me, an Officer duly authorized in the ate aforesaid and in the County aforesaid to take acknowledgements, per nally appeared to me known to be the persdrl described i� nand who executed he fore- going instrument and _ acknow edged before me that _ executed the same. WITNESS my hand and seal at Fort Florida, this ice__ day of _ My Commission Expires: 0 UE/W&SUT.ESMT. evised 9/9/87 STATE OF FLORIDA COUNTY OF BROWARD uderdale, Broward County, 1987. r / 7 tart' Public 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 Norman Abramowitz, Mayor and John P. Kelly, City Manager, to me known to be the person described and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and seal in the County and -State of Florida, this loth day of September, 1988. Notary Public My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA NY CORNISSION Ell► SEPT 17,1990 BONDED TMRU GENERAL INS. UND. 0 -5- FT LIT /�DFI''DA• r l \ ��� _ :w,�rrlw�rnwnn.h 1' M�}. F.. ST IFDRt LAUOEROALC I -.�. I �AKE eiih! u I EXEC(/t/vE A/RIORT i91Sri?'j�':: IN W. * COMM[pCIAL fllVp. t_ F O R r L A V D£ R D A L E b MIS 5/ram" '. ........� v •may. � x C 0 r i Al. T. S. /- or - A 7r / o N sl(-� 7-c y A147/0IM, G S/1 F6'r� Cy0Ive tL 0 y�- g� a3,;2, 0 Lot 12. in Block 10 of TAMARAC LAKES, SECOND SECTION, according to the plat thereof recorded in Plat Book 59, at Page 46, of the Public Records of Broward County, Florida. • 11 _.mo N. E. 3pon AVENUE y-LAUGHLIN ENGINEERING CO. �,�-3� FOPT LAUDCRDAL1. FLORIDA ENGINEERS • SURVEYORS O INDICATES MARKERS SCALE: I" = 20) N xl SKETCH AND DESCRIPTION �I 4� The most Southwesterly 10.00. feet of Lot 12, Block 10, TAMARAC FAKES SECOND SECTION according to the plat thereof, as recorded in Plat Book 59, Page 46, of the public- , records of Broward County, Florida. N Q g U- ckz w� i 0. Said land situate, lying and being .in the City of. Tamnrac, Hrcwvnrd County, Florida, and containing 953 square feet. a �•-r Certified correct. Dated at Fort Lauderdale, Florida, this 29t1i day of Apr}1, �.. 1988. NOTES: 1) THIS IS NOT A SURVEY 2) This property was not abstracted for easements, reservations or rights -of -way of record, by Mc loughlin Engineering Co. 3) Legal descri.ntiQjLjLLepared by McLaughlin Engineering Co., this 29th day of April, 1988. 4) Bearings shown refer to record plat (59/46) �N a- 1 w`) N I • I0 ul 22. q , sq'`ir ��ry 4), 42' {p •(r�r9 'r'j s D Qom` L ad 4 tf Wq J F5 NG! %T" 5rRE,Er x 9sa0, Ay 12•50'23'" Mci,A11(,III,1N EWIINrERING CO. Robert C. McLaughlin Registered 1-nnd Surveyor No. 3356 St' t �. 1'']n ic'7 "Not �%e�ld Unlass ea�ed wllh an embossed Surveyors Seal" 0 FIELD BOOK No. __A.2M -9 JOB ORDER No. P-MA,_ ^. DRAWN BY CHECKED BY