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Home My WebLink AboutCity of Tamarac Resolution R-87-216I/ � Introduced by: �'/� ZZ, tI Temp. Reso. #4687 i 1 2 3 4 5 r7 I - 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 30 11 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87- ,,2--/4= A RESOLUTION APPROVING AND ACCEPTING A 30-FOOT DRAINAGE 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: SECTION 1: That the 30-foot drainage easement offered by Leadership Housing, Inc. for the Nob Hill Road Project 85-23 is HEREBY APPROVED and accepted, a copy of said easement - being attached hereto as "Exhibit 111. SECTION 2: That the appropriate City officials are hereby authorized to execute said easement on behalf of the City. ,SECT ON 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; ay of ws 1987. 7 ATTEST: CITY CLERK CAROL E. BARBUTO I HEREBY CERTIFY that I have approved this RESOLUTION as to form. CITY ATTORNEY ' A. BRYANT APPLEGATE � � r P1/1AYOR: HART r DIST. l: C/M ROHR- DIST. 2: C/M STEi1ER- DIST. 3: C/M HOFFMAN-`' DIST. 4: V/M STEIN - �. E� DRAINAGE EASEMENT THIS DRAINAGE EASEMENT made this AL/ 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 ($10.00) 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, under and upon the Easement Property for the underground installation and maintenance of drainage facilities. 10 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 Easement Property, to build roads across the Easement Property, to run utility lines over or under the Easement Property, to construct improvements or install landscaping upon the Easement Property, use the Easement Property as open space 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 drainage facilities to an alternative location and to modify this Drainage 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 thereunder. Any such relocation shall be evidenced by a supplemental drainage easement for the installation and maintenance of drainage facilities ("Supplemental Drainage Easement") executed by Grantor and placed amongst the Public Records of Broward County, Florida. The Supplemental Drainage Easement shall specifically describe any portions of the Easement Property which is no longer to be subject to the Drainage Easement ("Deleted Easement Property"). Upon recording of the Supplemental Drainage.Easement, the Drainage Easement shall terminate as to the Deleted Easement Property. The Supplemental Drainage Easement shall further specifically describe any additional land owned by Grantor to be subject to the Drainage Easement which were not previously described herein as within the Easement Property ("Supplemental Easement Property"). Upon recording of the Supplemental Drainage Easement, the Supplemental Easement Property shall be included within the Easement Property and be subject to the terms and conditions of this Drainage Easement. k k i 5-0. �� "g 16 11 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 released or altered without consent of the Grantee. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and (GRANTOR) delivered in the presence of: Signed, sealed and?,, n deliva'red X th ,p ce of: itn s s.TorN P, itnesscAgOt e LEADERSHIP HOUSING, INC Auff B rue D H. 4 O CH, President (GRANTEE) CIT"OAMARAC CL irY MA K By: T M/4•Yo -- r 7'Y C I HEREBY CERTIFY that I have approved the form and correct- ness of this Drainage Easement. r. . Y' A CITTT RNEY A. BR YA _r rE STATE OF I l-.l-i 01 S COUNTY OF LCQ%4_ I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid 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 exe- cuted the same. WITNESS my hand and official seal in the County and State last aforesaid this day of 1987. NOTARY PUBLIC a E_�`j My commission expires:9t4�6r, l9fo 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 afo esaid to take acknowledgments, personally appeared as of the CITY OF TAMARAC, to me known to be the person cTtscribed in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and offic"al seal in the County and State last aforesaid this � day of� 1987. NOTARY PUBLIC, STATE OF FLORIDA My commission expires: P:E.IL STATE OF FLORIDA NY COANISSION E%P SEPT I7,1990 BONDED THRU GENERAL INS. UND. V, 0 C. r EXHIBIT "A" Page 1 of 2 Fe5o,n Y F PTIUN: 30 FOOT NON-EXCLUSIVE UNDERGROUND FLOWAGE EASEMENT p of land lying in Tracts 12 and 13 of "FORT LAUDERDALE TRUCK FARMS", as recorded in Plat Book a 31, •of the Public kecords of Palm Beach County, h'lorida, in Soccion 8, Township 49 South, 41 East, Broward County, Florida, the centerline of which being more particularly described as s: E1 �I COMMENCE at the Southwest corner of the Southwest Ono -Quarter (SW 1/4) of said Section 8; Thence, on a grid bearing of North 01" 24' 48" Wust, along the Wust line of said Southwest Una-Quar- tur (SW 1/4), 1337.69 feet; - Thence, North 88" 35' 12" East, 66.65 feet to a point on the Proposed Last RiUht-ot-Way line of Nob Hill Road, said point being the POINT OF BEUINNING; Thence, continue North 88" 35' 12" East, 308.32 feet to the POINT OF TERMINATION. Said lands being situate within the City of Tamarac, Broward County, Florida; containing 9250 square fret (0.212 acre), more or less. 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, Ownership, or other Instru- mentalof'Redord. 3. Bearings shown hereon are relative to Stoner/Keith Resurvey of Township 49 South,'Range 41 East, as recorded in Miscellaneous Map Hook 3, Page 44 of the Public Records of Broward County, Florida. - 4. The "LAND DESCRIPTION" hereon was prepared by the surveyor. 5. This sketch does not represent a field survey. 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 May, 1987. We further certify that this Sketch of Description meets the minimum technical standards sat forth in rule 21NH-6 adopted by the Florida Board of Land Surveyors, pursuant to Florida Statutes 472.027. Subject to the qualifications noted hereon. .. L-13 / LD/SEC7-EASE KEITH AND SCHNARS, P.A. Engineers -Planners --Surveyors �. By: James Jackson, Jr., PLS Florida Registration No. 4356 sk�cH of oESCRpnr1oN "R DATE 8 q"J! REVISIONS ,� SCALE1-r-LOL/ PORn nc 7,-e s/ /2f li ar FT. z qao 7,-eile/� �7`r'/CJv/S ,oa 4j Oo S FIELD BK.� �^ �Q'#NON _1rd lS/VE dNDER4RW0,10FLoDWA - DWNG. ByAf�A�' TAMA&AC, AZ, &1eV Y,4e0 CCU CMK. BYS fi Page 2 of 2 Il s 145o - FT A 1)6 SKETCH OF DESCRIP770M �ZV lv. D c T.e I f2 /3 aF FT L,9a,0. r an"AA,eA115,P3. 4. p04, 6 3D'aou-�-xc�us�vF u,�,e�ea�,va Ftow,�aE � TA/1�IA�AC,_FG 3,20`Y.9�0 CO. N tc) M I 0 O I'l-_o. y 1le' c t 92,54 SQ IT �f/ B8°35'12""E 308. 32' ioD. T. SCALE /"' 200" � o w� 1. IZO i S3 �7 � 1 O V s w Caelvs e src. 6 - 49 -41 DATIi REVISIONS DAtE�2 �� G�O4 R13v1� T1T4E SCALE/ FIELD bK. DwNG. SHEET NO._ A' OF SHEETS DRAWING NO. Zzz55 L- --