Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-87-2231 2 3 4 9 9 10 11 32 33 14 15 16 17 1 20 21 22 23 24 25 26 27 22 29 30l 33 33 34 35 36 Introduced by: ! s? Temp. Reso. #4668 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--87- a A RESOLUTION APPROVING AND ACCEPTING A 40-FOOT TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY JACK FINEBERG FOR THE UNIVERSITY DRIVE RELOCATION PROJECT 86--2; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION .1: That the 40-foot Tamarac Utilities West Water and Sewer Utility easement offered by Jack Fineberg for the University Drive Relocation Project 86-2 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. .SECTION 4: This Resolution shall become effective upon adoption. L PASSED, ADOPTED AND APPROVED this ,.,�5� day of /I- c.-0c._ , 1987. ATTEST: Z CITY CLERK CAROL E. BARBUTO I HEREBY CERTIFY that I have approved this RESOLUTION as to form. CITY ATTORNEY, A. BRYANT APPLEGATE r'f . MAY15R BERNARD HART MAYOR: HART a -- DIST. 1: C/M ROHR DIST. 2: C/M STELZER-�- DIST, 3: C/M HOFFMAN r MST. 4: v/M STEIN a 3 cr 0 %V&UW UZUMES W " This Tamara Utilities West Water and Sewer Utility Eastment made this ,� day of C , 1987, by Jack Fineberg, 5500 Collins Avenue, Apt. 701, Miami Beach, Florida, 33140, (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). 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 subject to certain conditions as herein 0 specified. 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 parr;Aq 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 City will use its best efforts to assist Grantor to obtain suitable access from Grantor's adjacent property to University Dr. 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 B-2 (business) 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 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 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. 5. Site improvements including but not limited to driveways and landscaping will be reconstructed in 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. Sign a ed arid- delivered R) �.. enc r - CL- t ens JA' itnes � w� , 12� i�" --7 /1- 1 j/o��Z ty Manaqer City Clerk c,7,ga Z i I HEREBY CERTIFY that I have approved the form and correctness of this Tamarac Utilities West Water and Sewer Utility Easement. City Atto`r` e'y If. jdAV.41VT STATE OF FLORIDA COUNTY OF BKNARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the Count oAesaid to take acknowledgments, personally appeared ✓ 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. WITNESS ial seal in the County and State last aforesaid �J 0 Notary * STATE OF FLORIDA )SS: COUNTY OF BROWARD 1( 'e5lb - tFT02e? 3 1, I HEREBY CERTIFY that on this day, before me, an Office duly authorized in the State aforesaid and in #Pe County aforesaid to take acknowledg- ments, personally appeared A�x� to me known to be the person described in and who executed the foregoing instrument and.4_ 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 PUMC STATE OF FLORIDA NY CuNN:SSIaN EXP SLPT 17" 99D eogo EO TkR� GENERAL I15. UND. 0 C� NOTARY PUBLIC tl-N Cry qr Lf D 1[ 10 Uj 14 l'l-..IS k , �h �, ,.• awl LI., C3 `5 _. E), F1 f ....._ _ 40 '�. 9103 01 0014 FINE3tRG■JACK 3122 99 550D COLLINS AVE APT 701 MIAMI 6EACH_FLA 33140 - ;,- P.O.C. ,• -' .. ;• � . � .. ' _ lei C °' : l ' • Al W J, W. LEGAL DESCRIPTION OF A-40' UTILITIES EASEMENT lying adjacent to and parallel to the East Right -Of -Way line of University Drive, and South of Northwest 77th Street, being a portion of Tract 13 of the "Fort Lauderdale Truck Farms" Subdivision of Section 3, Township 49 South, Range 41 East as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida being more particularly described as follows: Commencing at the Northwest corner of the "Southern Bell - Tamarac" plat as recorded in Plat book 89, Page 39, Broward County the point being 60.02 feet East of the West line of said Section 3, thence North 0 12'16" West a distance of 100.00 to the point of BEGINNING; OF THIS DESCRIPTION BEING THE 40.0 feet East of a line continuing North 0 12116" West a distance of 449.27 feet to the point of TERMINUS. Said land containing 0.4126 acre. CITY OF TAMARAC P.S KETCH OF DESCRIPTION UTILITIES WEST DIVISION R.13 FT.LAUD.TR. FARMS 4- 40' UTILITIES EASEMENT 1/2 SEC.-3 -49-41 TAMARAC ENGINEERING DEPT, DR, R5• ., CHD. .S- APPD. SC: uTs• DATE r 1e 2 OF ?. TKIS fV Y CONFORh HE STANDAKDS OF THE FLORIDA Lo TLE A5 0CIATION AND T►ME FLO:ZIDA STATE SOCIETY OF PROFESSIONAL LAND SURVEYORS. " Proposed Rd. - N 374-.27' n m N N 1A r h W p In . Z 14 Z JJ SCALE: • N- 88"32'S3"-W may: 865. G8 r 400 0 • N- 8e'3Z'S3"-w DESCRIPTION R. :z TRACT D - _SECTION 3-49-41 K r A portion of Tract 139 of FORT LAUDERDALE TR1'CK FARMS SUBDIVISION Of °p 4 Section 3, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31, of the Public Rvcords of Broward County, Florida, more particularly described as follows: Commcrcing at the Southeast cor- ner pf said Tract 13; thence N-Oo 13' 57" - W, along the East line r�T of said Tract 13, a distance of 838.73 feet; thence N-881 32' 53" - /3 W, parallel with the South line of said Tract 13, a distance of 865.68 feet to the Point of Beginning of this description; thence continuing N-880 32' 530' - W, a distance of 400 feet; thence N-Oo 12' 161, - W, parallel with and 53.0 feet East -of, as measured at right angles to, the West line of said Section 3, a distance of 424.27-feet to a Point of Curve; thence Northerly, and Easterly, along the arc of a circular curve to the right, having a radiu of 25 feet,- an arc distance of 39.99 feet; -thence S-880 32' 53" - Es a dis- tance of 374.27 feet; thence S-00 12' 16" - E, a distance of 450 feet to the Point of Beginning. Containing 4.13 acres, more or less. ma CERTIFICATE: '- CO i hereby CERTIFY that the attached sketch of survey of the above described property is true and Correct to the best of my knowledge and belief as surveyed and platted under my direction In ,There are no above ground encroachments other than those hereon shown. ^�- cill r DAT'!Q Sept. 22,19G9 ,- +cr. r, HUGH R DAVIS' r • I+I r,,nai n w nr r +I i F rnR�s omr rn... ... •;• Ut h:• (.: •. Il(IPCiA fin.. REG. LAND SURVIIYOR �•.t7s •1A (.•%i It li:, i'. I %S %t! — ' STATE a FLORIDA. CLUA III L-CUR1 DAMS and CUMEN, INC. - - Civil 1699 E. OAKLA'ND PARK BLVD. -- PHONES: 566.7114' JO. NO. S66.2AA6 and Consulting Engineers - land Surveyors. OAKLAND PA K — FT. LAUDERDALE, FLO IDA ; Exhibit B DATE; 9-22 --49