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Home My WebLink AboutCity of Tamarac Resolution R-87-0101 2 3 4 5 6 7 B 9 10 11 12 13 14 is 16 17 R19 20 211 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Introduced by: ��% Temp. Reso. #4454 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87-- /0 A RESOLUTION APPROVING AND ACCEPTING A 40 FOOT TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY THE BROWARD COUNTY SCHOOL BOARD FOR THE 201 PROJECT (TUW 86-5); AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA ySECTION 1: That the 40 foot Tamarac Utilities West Water and Sewer Utility Easement offered by the Broward County School Board for the 201 (TUW 86-5) project is HEREBY APPROVED and accepted, a copy of said easement being attached hereto as "Exhibit 1". -ELT-ION 2: That the appropriate City officials are hereby authorized to execute said easement on behalf of the City. ECTI 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 _f T day of , 1987. ATTEST: CITY CLERK CAROL E. BARBUTO I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. ICIMATTOrNEY BRYANT PLEGATE � r MAYOR BERNARD HART MAYOR: HART DIST. 1: C/W MASSARO MST. 2: V/M STELZER DiST. 3: C/M GOTTESMAN ,r; T. 4: C/M STEIN TAMARAC UTILITIES WEST �I O Q.� WATER & SEWER UTILITY EASEMENT This T.U.W. Water and Sewer Utility Easement made this 23 rd day of nrtober , I98k__, by. The Br,Q)Beard County School Board r �Q Say , ( rantor and the City of Tamarac, a Florida municipal corporation havingg an address at 5811 Northwest 88th Avenue, Tamarac, Florida, 33321, (Grantee). Wenevcr 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). WITNESSETH: 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 acknow- odgedd by both parties, the parties hereto do hereby grant and agree as llows: 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive casement over and upon the servient estate for the installation and maintenance of T.U.W. water & sewer utilities. 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 Onnine with and binding; upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. - 1 - Tuw 86-5-201 FORCE MAIN/EASEMENT 7AMARAC ELEMENTARY SCHOOL . 5. Site Improvements including, but not limited to driveways and landscaping will be reconstructed to the specifications as delineated on the landscaping plan attached hereto as Exhibit .. P All work as described above will be subject to final inspection and acceptance of the Principal at Tamarac Elementary School. Such acceptance will be evidenced in writting. All work performed must be done during the following time periods: December 22, 1986 thru January 2, 1987 April 13, 1987 thru April 17, 1987 June 20, 1987 thur August 22, 1987 Failure of the City to adhere to the terms and conditions as set • forth herein shall automatically terminate this easement agreement. C� 1, 1 -2- IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year first above written. on j�r50-�7;10 Signed, scaled and deli red in the presence of: c WI i We `Tirginia McAninch SUP OR FFICTAL S 9 Wli tness r - den Cler specialist Signed, sealed and delive ed X16 cc of: '!5 W1 n-e -C-i7- y % Wlltness- 71TY Cc:E"�K 1 HEREBY CERTIFY that 1 have approved the form and correct- ness of this T.U.W. Water & Sewer Utility Easement. 114TIT STATE OF FLORIDA O)UNTY OF BROWARD (GRANTOR) The school Board of Broward County ----_____w___a________ airperson Jan R. Cuni$t ngs r R APPROVED AS TO FORM (GRANTEE) City_of_Tamarac- _-_--- _-- M,4 V 1 HEREBY CERTIFY that on this day, before me, an Officer duly author- ized in the State aforesaid and in the Co---&y aforesaid to take acknow dgme ts, personally appeared_ a-, to me known to be the erson described in and who executed the fore- going instrument and , acknowledged before me that ,¢� executed the same. WITNESS by hand and official seal in hs County and State last ofgre- said this e23t� day of � .t. A.D. 198 6. MARY NRIC STATE OF FLMIDA NY CONNISSION EXP. JAN 15.1989 BONDED THRU GENERAL INS. UND. Ac' 0 0 -3- ,Ie STATE OF FLORIDA ODL NTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and irjthe County Pfores id to take acknowledg- ments, personally ``- ` �_______--__ _ __ too"mer><Cnown"to-6e die person a`escri6ca`in ana WEO--execujea-the-Foregoing instrument and acknowledged before me that _- executed the same. RITNESS my hand and of 'cial seal in the County and State last aforesaid i s day of.�d-G A.D. 1987. MOTAP.Y PU9LIC ,TATE OF FLOPIDA MY CCaW1SSI�N EXP SEPT 17,1990 GONL'EO IRRU GEMERAL INS. U0. 423186 0 /& -- - - - - - - - WE IN At•&,-, r� �-, � .n 78 rI2 WOODMoNT 840CK30 TAMARAC ELEMENTARY SCHOOL"V" glo4-ol-0O2•5 LEGAL DESCRIPTION OF A 40' EASEMENT adjacent to and parallel to University Drive (East 40' of Tamarac Elementary School "V") being a portion of Fort Lauderdale Truck Farms Subdivision as recorded in Plat Book 4, Page 31 Broward County, more particularly described as follows: COMMENCING at the Southeast corner of Section 4, Township 49 South Range 41 East, thence N 00 12' 16" W, a distance of 2666.70 feet; Thence S 89 47' 44" W. a distance of 60.0 feet to the point of beginning. Thence this description being the 40.0 West of a line N 000 12' 16"W, a distance of 597.40 feet to the point of terminus less the South 120.00 feet thereof. Said land situated being and located in Broward County, Florida, containing 0.4384 acre CITY OF TAVAPAC UTILITIES WEST DIVISION 40' UTILITY EA' 'cNT SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT. TAMARAC ELEM. S CH• V DR. CHD. �L APPD. S 1/2 SEC. 4 -49-41 SC: NTS DATE 5 20 86 FxNif�ir a" 100H O7 ANV11`II3I Ill L14- na� �� .-a., 1031IH:»iV.. .0 r !1,n y Ny yr N[ n N ail DVNVKVI NV ld NOUVOIJunV38 03SOdodd .= N NOIlYWL��N UJ 2. � �q G r r9c7 [-t w:� y lL e31 zu C ] EXHIBIT "B"