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Home My WebLink AboutCity of Tamarac Resolution R-87-189Introduced by: `-"w `? Temp. Reso. #4640 1 2 3 4 a 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 29 29 i0 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87- `L A RESOLUTION APPROVING AND ACCEPTING A TAMARAC UTILITIES WEST WATER & SEWER UTILITY EASEMENT OFFERED BY EDWARD RACK CORPORATION (COLONY WEST COUNTRY CLUB) FOR THE NORTHWEST FORCE MAIN PROJECT 84--6• AND PROVIDING AN EFFECTIVE -DATE- BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1:• That the Tamarac Utilities West Water & Sewer Utility easement offered by Edward RACK Corporation (Colony West Country Club) for the Northwest Force Main Project 84-6 is HEREBY APPROVED and accepted, a copy of said easement being attached hereto as "Exhibit 1". ECG TION 2: That the appropriate City Officials are hereby authorized to execute said easement on behalf of the City. E� CT_ION 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 immediately upon adoption. PASSED, ADOPTED AND APPROVED this %�_ day of 1987. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. A. BRYANT APPLEGATE CITY ATTORNEY BERNARD HART MAYOR MAYOR: HART GIST. 1: C/M ROHR DIST. 2: C/M STELZER DIST. 3: C/M HOFFMAN DIST. 4: V/M STEIN c `' S �r� ` 1 TAMARAC UTILITIES WEST l' �SD • �j,� �% I �� = WATER AND SEWER UTILITY EASEMENT L� This T U.W. Water and Sewer Utility Easement made this /o day of 198 , by Edward Rack Corporation , ARno .W. 88 Avenuel Tamarac F1. 33321 , (Grantor) and the City of Tamarac, a Florida municipa corporation having an address at 5811 Northwest 88th 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). 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- ledged 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 T.U.W. water and 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 running with and binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. 6/17/86 UTIL.EASEMENT.1 -I- 5. Site improvements including but not limited to driveways and landscaping will be reconstructed in kind. All trenches will be backfilled the same day they are excavated and final pavement surface will be installed within 48 hours. Except during actual construction period traffic will be maintained. 6. Grantee hereby indemnifies and holds harmless grantor for any loss arising from grantees use of the easement herein granted. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and delivered a presence of: Witness R. F Witness R. Idin Janes Signed, sealed and deliveFed in the, pXgs Abe of: C ty anaijer -rQN�- ��KE��Y ty Clerk c•¢90i- e. I HEREBY CERTIFY that I have approved the form and correct- ness of this T.U.W. Water and Sewer Utility Easement. CR �._ lz�_ 1__CI-TY�TT�R�Y A. 00?yf/y'r L STATE OF FLORIDA COUNTY OF BROWARD (GRANTOR) EDWARD RACK RPORATICN I _.�f I By: k ) J,—, .__� Rick Vrorsham, Treasurer. (GRANTEE) City of amarac el Ifl Mayor' •✓ rreT W Cl I HEREBY CERTIFY that on this day, before me, an Officer duly author- ized in the State aforesaid and J^ the Cokunty aforesaid to take acknowledgments, personally appeare • to me known to be the person described in and who executed the fore- going instrument and �.Q acknowledged before me that_ k, executed the same. WITNESS by hand and offic'a1 seal in the County and State last afore- said this /„2 t day of J�� A.D. 198Z. NOM'C,Y PUS i.0 $,ATC OF FC-PI.DA NY CUtk;S;TO;: EXP. JUL lE,,,; 801�7E� THkU GFiii AL l;d. C -2- c� . 1( 1456), . , . K ? -/�� 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 4he County pfore aid to take acknowledg- ments, personally appeared / to me known to beithe person descr be n and who executed the foregoing instrument and •�-� acknowledged before me that,executed the same. ,.WITNESS my hand and o cial seal in the County and State last aforesaid this i0 day of A.D. 198�7. 0 NOTARY PUBLIC STATE OF FLORIDA Ny NSEPT dONpEDISRU GENERALI%S- UND. M11 / I \ LEGAL T>ESCRTPTI[►a, A PORTBON OF FORT LAUDERDALE TRW,, FAW SIBDIYISION, SECTION 8 TOWNSHIP 49 SOUTH RANGE a1 EAST, AS RECORDED IN PLAT SUCK S PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDAI DESCRIBED AS FOLLOWS& COOKNCING AT THE NORTHEAST CORNER OF SAID SECTION 8& THENCE SOUTH 0001137" EAST ALONG THE EAST LINE THEREOF, A DISTANCE OF 928.98 FEETI THENCE SOUTH 89058,23" WEST A DISTANCE OF $3.00 FEET;TO A POINT BEING ON THE WEST RIGHT-OF-WAY OF N.M. 88TH AVE- NUE ARD EASTAAL240 SAAIID WEST�RIGIT-OPAGE F-WAY75ArDISTANCE OF 3 1.95LOPIDAI FEET TOTMTHECE soiTH O 4459 POINT OFBEGIN- NING: THENCE CONTINUE SOUTH 0001,37" EAST ALONG SAID WEST RIGHT -OF -MAY, A DISTANCE OF 5.00 FEET; THENCE SOUTH8a1T'5E5.00 FEETs THENCE 5TH 03r ESTT,ADISTANCE OF5.00FEEtTHENCENORTH 89813F CAST,ADISTANCE OF00FEET •O THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TANARAC, BROWARD COLhTY, FLORIDA. P o C. NE CORNER SECTION 8-49-41 MC NAB RD. N.W. 67 CT. EASEMENT LOCATION /Ir w a 3� = a a>, N.W.6 ST. 3 LOCATION SKETCH 1 E X f3 i 1