HomeMy WebLinkAboutCity of Tamarac Resolution R-87-215Introduced by: �'/ �j=��___ Temp. Reso. #4688
CITY OF TAMARAC, FLOFJ:DA
2 RESOLUTION NO.
3 A RESOLUTION APPROVING AND ACCEPTING; A
4 30-FOOT FLO-THRU EASEMENT OFFERED BY
LEADERSHIP HOUSING, INC., FOR THE NOB HILL
ROAD PROJECT 85-23; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF' THE CITY OF TAMARAC, FLORIDA:
6 SECTION 1: That the 30-foot Flo-thru easement offered
9 by Leadership Housing, Inc., for the Nob Hill Road Project
10 85-23 is HEREBY APPROVED and accepted, a copy of said
n Reasement being attached hereto as "Exhibit l".
SECTION 2: That the appropriate City officials are
12
13 hereby authorized to execute said easement on behalf of the
24 City.
15 —SECTION 3: That the City Clerk is hereby authorized and
16 diIrected to record said easement in the public records of
27 Broward County, Florida.
SECTION 4: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this day of 1987.
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21
22 _A
ATTEST: MAYOR
23 BERNARD HART
CITY CLERK
25 CAROL E. BARBUTO
26
I HEREBY CERTIFY that I have
27 approved this RESOLUTION as to
form.
22
29 CITY ATTQANEY MAYOR: HART''
A. BRYANT APPLEGATH' LIST. 1: C/M ROHR
30 DIST. 2: C/M STELZER
DIST. 3: C/M HOFFMAN
32 DIST. 4: V/M STEIN `
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36
1. 4
FLOW THROUGH EASEMENT
Ik 60;0, 0-t)- /s,
THIS FLOW THROUGH EASEMENT made this .2V- day of
1987, by LEADERSHIP HOUSING, INC., a Delaware
corporation authorized to do business in the State of
Florida ("Grantor") and the CITY OF TAMARAC, a Florida municipal
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).
W I T N E S S E T H:
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 the
"Easement Property"); and
WHEREAS, Grantor desires to grant unto Grantee a non-
exclusive easement to use the Easement Property;
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10) and other good and valuable considerations paid by each
of the parties hereto to the other party, receipt of which
is hereby acknowledged 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 on, over
and across the Easement Property for drainage and flowage
purposes ("Flow Through Easement").
2. Grantor reserves all rights not herein granted pur-
suant to this easement, including but not limited to, the
right of free ingress and egress over and upon the Easement
Property and to grant further easements under, over and on
the Easement Property; 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. Grantor reserves the right at any time to relocate
all or any portion of the Flow Through Easement to an
alternative location and to modify this Flow Through Easement,
provided that, in no event shall the exercise of this right
impede the easement herein granted or the exercise of the
rights of use hereunder. Any such relocation shall be evidenced
by a supplemental flow through easement for drainage and flowage
purposes ("Supplemental Flow Through Easement") executed by
Grantor and placed amongst the Public Records of Broward County,
Florida. The Supplemental Flow Through Easement shall
specifically describe any portions of the Easement Property
which is no longer to be subject to the Flow Through Easement
("Deleted Easement Property"). Upon recording of the
Supplemental Flow Through Easement, the Flow Through Easement
shall terminate as to the Deleted Easement Property. The
Supplemental Flow Through Easement shall further specifically
describe any additional land owned by Grantor to be subject
to the Flow Through Easement which were not previously described
herein as within the Easement Property ("Supplemental Easement
Property"). Upon recording of the Supplemental Flow Through
Easement, the Supplemental Easement Property shall be included
within the Easement Property and subject to the terms and
conditions of this Flow Through Easement.
4. 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 Easement
Property.
5. This easement shall not be
consent of the Grantee.
released or altered without
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:
I HEREBY CERTIFY that I have
approved the form and correctness
of this Flow Through Easement
0 R�3\ ram.
CITY ATTORNEY" `�'�
q. OAS °4 , ,fPPA• rrf+T
STATE OF 1 %--L-1 UOiS )
S S .
COUNTY OF [� j
LEADERSHIP HOUSING, INC.,
a Delaware corporation
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y:
RONALD H. GAL I H,
President
CITY OF TAMARAC,
a Flo a municipal c rporation
By: G , o w.l./"
BERNRRv HA 7, Mf}YoK
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
said to take acknowledgments, personally appeared RONALD H.
GALOWICH, as President of LEADERSHIP HOUSING, INC., a Delaware
corporation, to me known to be the person described in and
who executed the foregoing instrument and he acknowledged
before me that he executed the same.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1987.
My Commission Expires: 9-(P/ fgRa
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
sa'd to / ,take acknowledgments, personally appeared
M
as of the CITY OF TAMARAC,
to me known to be the person described in and who excuted
the foregoing instrument and he acknowledged before me that
he executed the same.
WITNESS my hand a d offic' seal in the County and State
last aforesaid this -2'(�r-day o 1987.
zde_41- 4Z-4 �-
Notary Public
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My Commission Expires:
NOTARY PUBLIC STATE OF FLOPIOA
NY COFNISSIQp EXP SEPT I7,1990
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EXHIBIT "A"
Page .1 Of 2 Pages
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90' FLOW THROU414 EA]FARMS"
A PORTION OF TRACTS
"FORT LAJ)0r=RDAAL.E TRl1CiCP.B. .4 , Pec)e 8BROWARD COUNTY, FL
NORTH
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NO 5 HILL ROAD
LOCATION MAP
PO.C.
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SEC. g-A9- ai p;l
W. LINE SEC. 8. 49- At
IM.1�
PATE REVISIONS
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SHEET NO. I OF - SHEETS
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EXHIBIT "A" �[r
Page 2 of 2 Pages ����� 7,gl
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SURVEY NOTES
:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN
EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS,
011NERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO FLORIDA COORDINATE SYSTEM EAST
ZONE, GRID NORTH, TRANSVERSE MERCATOR PROJECTION (STONER/KEITH RESURVEY
AS RECORDED IN MISC. MAP BOOK 3, PAGE 44, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA).
4. THE "LAND DESCRIPTION" HEREON IS IN ACCORD WITH THE DESCRIPTION PRO-
VIDED BY THE CLIENT.
5. UNDERGROUND FOUNDATIONS NOT LOCATED.
6. INTERIOR IMPROVEMENTS ARE NOT SHOWN.
7. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES
NOT CONSTITUTE A FIELD SURVEY AS SUCH.
LAND DESCRIPTION:
A PORTION OF TRACTS 11, 12 AND 13, "FORT LAUDERDALE TRUCK FARMS" SUBDIVISION
OF SECTION 8, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THERE-
OF, AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 8; THENCE, NORTH 01' 24'
48" WEST, ALONG THE WEST LINE OF SAID SECTION 8, A DISTANCE OF 1322.69 FE
THENCE, NORTH 88° 35' 12" EAST, 374.97 FEET TO THE POINT OF BEGINNING OF
HEREON DESCRIBED CENTERLINE; THENCE, SOUTH 00' 08' 52" WEST, 41.12 FEE ,
THENCE, SOUTH 830 06' 01" EAST, 674.39 FEET; THENCE, NORTH 08' 19' 25" EAST,
159.31 FEET; THENCE, NORTH 89' 36' 02" EAST, 1571.57 FEET TO THE EAST LINE
OF SAID TRACT 11, SAME BEING THE POINT OF TERMINATION OF THE HEREON DESCRIB-
ED CENTERLINE.
SAID LANDS LYING IN BROWARD COUNTY, FLORIDA, CONTAINING 1.6848 ACRES, MORE
OR LESS.
CERTIFICATE:
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON
DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND
BELIEF AS DELINEATED UNDER OUR DIRECTION IN JUNE, 1987. WE FURTHER CERTIFY
THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET
FORTH IN RULE 21HH-6 ADOPTED BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSU-
ANT TO FLORIDA STATUTES 472.027. SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
L-13/SEC-8/CNTRLN KEITH D SCHNARS, P.A.
EN E , PLA NERS & SURVEYORS
BY JO P. WEBER, PLS
F IDA REGISTRATION NO. 4323
30' FLOW THROUGH ESM'T
A PO RT I O N OF TRACTS I1, 12,F,13
"FORT LAUDEROALE TRUCK FARM5"
P B. 4 , Py. 31
GATE & 81 DATE REVISIONS
`
SCALE I, 200'
FIELD BK. MIA
WNc. av J.K.
I' BROWARD COUNTY, FLORIDA ICHK. BY.M- -' "DRAWING NO. 11285 L -