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Home My WebLink AboutCity of Tamarac Resolution R-87-2211 Z 3 4 B 9 20 11 12 23 14 25 16 17 : 20 21 22 23 24 25 26 27 28 29 30 1 32 33 34 35 36 Introduced by: 6 �� c r r Temp. Reso. #4666 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87- A RESOLUTION APPROVING AND ACCEPTING A 20-FOOT TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY MINI MART DEVELOPMENT CORP. 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 20-foot Tamarac Utilities West Water 'and Sewer Utility easement offered by Mini Mart Development Corp. for the Northwest Force Main Project 84-6 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. E CTION 4: This Resolution shall become effective upon adoption. G�- PASSED, ADOPTED AND APPROVED this day of , 1987. 4 ATTEST: BERNAR HART MAYOR f� CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. A. BRYiNT A PLEGATE CITY ATTORNEY MAYOR: HART ' DIST. 1: C/M ROHR�� DIST. 2: C/M STELZER DIST. 3: C/M HOFFMAN ' DIST. 4: V/M STEIN w.. '- (� V -5 o . g 7' ,;z Cg I This Tamarac ilities West Water and Sewer Utility Eastment made this .4 day of , 1987, by Mini Mart Development Corporation, 5399 N. Dixie Highway, Suite 200, Fort Lauderdale, 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). 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 subject to certain conditions as herein specif ied. 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 to 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 Tamarac Utilities West water and sewer utilities, subject to the following conditions: a. That the easement granted herein shall be counted as required setback areas and may be utilizied for any purpose permitted under the zoning code except that a building may not be located within said easement. b. That within one (1) year of the acceptance of this easement by the Grantee, Grantee will zone Grantor's property which is described in Exhibit "B" attached hereto to the City of Tamarac's industrial zoning district. Provided, however, that if the property described in Exhibit "B" is not zoned as provided herein, this easement and all rights granted hereunder shall revert to the Grantor, its successors is and,/or assigns. 2. Grantee 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 I/ ki of use thereunder. we.", 1 rr ti 3. The provisions of this easement shall be banding 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. 5. Site improvements including but not limited to driveways and landscaping will be reconstructed an kind. All trenches will be backf illed 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 in the presence of,: City Clerk LlfRCL (GRANTOR) Cl4zx'-' (�� MINI MART DEVELOPMENT CORP. '-,Bv: Mark Schneider, President ( EE) MAYOR, City of Tamarac �,�RN�v Nr4RT I HEREBY CERTIFY that I have approved the form and correctness of this Tamarac Utilities West Water and Sewer Utility Easement. C �• Tt�ornqok A, ,aRy�Nr APR4��rF STATE OF WRIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and 31h the Coun of ai to take acknowledgments a, personally appeared C -,to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. my �d official seal in the County and State last aforesaid Notary Pubb�i 4 .y H My Cc1A!'�Js5116,N koNG D 71i.:U C=Lf�E!;1� �tdl;,.':'li;i UNQ 2 E i 0 • • E g 74D, / `1 STATE OF FLORIDA ) )SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an Office duly authorized in the State aforesaid and in the County aforesaid to take acknowledg- ments, personally appeared ,�C,� v9.e 1, f1.2T r7p to me known to be the person described in and who executed the foregoing instrument and lie- acknowledged before me that executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 24 day of June, 1987. MY COMMISSION EXPIRES: NOTARY PUBLIC STATE Of TLORIDA BONDED COMMISSION EX0 SEPT 17,1990 TNRU GENERAL INS, UND. /tom- ae-e-,. 1. NOTARY PUBLIC 10 LIX KEY PLAN N NO SCALE ��C, 7-49-41 agtiZ ab`saF4b o Me NAB ROAD TRACT 1 Mini Mart Development Corp. 5399 N. Dixie Highway Suite 200 Ft. Lauderdale, Fla. TAMARAC MARKET PLACE TRACT 2 TRACT 3 53, 20'U.E. H T • - u W 00 1 to W Z W 1 TRACT 4 PARCEL. "C" r� t, • 1 i 1 1531 4 20' 80'U-E. i V2 SEC. LINE LEGAL. DESCRIPTION- PARCEL"C" (91OT-01-001,11N. 1/2 TR 3 A PORTION OF TRACT 3 OF FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO, 2 AS RECORDED IN PLAT BOOK 1, PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH, FLORIDA , LYING IN THE N.E. QUARTER OF SECTION 7 TOWNSHIP 49 SOUTH RANGE 41 EAST, BROWARD COUNTY FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 20' OF THE EAST 73' OF THE NORTH 1/2 OF TRACT 3. SAID LAND SITUATED IN BROWARD COUNTY, FLORIDA CONTAINING^ 0.I515 ACRE. CITY OF TAMARAC WATER 81 SEWER EASF. 201 SKETCH OF SURVEY IN JDATE 4/30/86 aRawt75L N.E. I/4 SEC. T-49 — 41 SCALE Is • 300' C K P 5,.. EXHIBIT r� 1_NIS 4 The N 1/2 of tract 3 and all of tract 6 of Subdivision of Section 7, Township 49 South, Range 41 East, according to the FLORIDA FRUITLANDS' COMPANY'S SUBDIVISION Map No. 2, recorded in Plat Book 1 at Page 102 of the Public Records of Palm Beach County, Florida, said lands situate, lying and being in Broward County, Florida, Less, that portion of tract 3 lying within 35 feet of the east section line of said Section 7 — measured at right angles.