HomeMy WebLinkAboutCity of Tamarac Resolution R-87-2231
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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)
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CL-
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itnes
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, 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.
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NOTARY PUBLIC
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3122 99 550D COLLINS AVE APT 701
MIAMI 6EACH_FLA 33140
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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
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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