HomeMy WebLinkAboutCity of Tamarac Resolution R-87-259It
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Introduced by-. Temp. Reso. #4716
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87-�_
A RESOLUTION APPROVING AND ACCEPTING
A 40-FOOT RIGHT-OF-WAY EASEMENT OFFERED
BY REGINA DEVELOPMENT CORPORATION ALONG
UNIVERSITY DRIVE; AND PROVIDING AN
EFFECTIVE DATE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1 That the 40-foot right -of --way easement
offered by Regina Development Corporation along University
Drive, is HEREBY APPROVED AND ACCEPTED, a copy of said
easement being attached hereto as "Exhibit 1".
SECTION 2 That the City Clerk is hereby authorized
and directed to record said easement in the public records of
Broward County, Florida.
ECTI N 3 This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this /02- day of ,
1987.
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
o", A;z
A. - �A GATE
CITY ATTORNEY
✓' BRNARD HART; MAYOR
MAYOR: HART
DIST. l: C/M ROHR
DIST, 2: C/M STELZER r..8
DIST. 3: C/M HOFFMAN
DIST. 4: V/M STEIN
s t EASEMENT
TH I S INDENTURE made this 1? t?? day of June -------- —, A.D. , 19 8
by _REGINA DEVELOPMENT CORP___.....__ __________ —
a corporation existing under the laws of FLORIDA ___________, and
having its principal place of business at 1150 KANE CONCOURSE, BAY HARBOR,FL 3
first party, City of Tamarac at 5811 Northwest-9$T -Avenue; Tamar`a`c,
Wrida, 33321, a municipal corporation of the State of Florida, second
ty:
(Wherever used herein, the terms, "first party" and
"second party" shall include singular and plural,
heirs, legal representatives and assigns of individu-
als and the successors and assigns of corporations,
wherever the context so admits or requires.)
WITNESSETH
WHEREAS, the first party is the owner of property situate in Broward
County, Florida, and described as follows:
EXHIBIT "A" ATTACHED HERETO
LJ
and,
-WHEREAS, the second party desires an easement for a public road and/or
other appropriate purposes incidental thereto, on, over and across said
.property,
and,
WHEREAS, the first party is willing to grant such easement,
NOW, THEREFORE, for and in consideration of the mutual covenants each to
�he other running and one dollar and other good and valuable considera-
ions, the first party does hereby grant unto the party of the second
part, its successors and assigns, full 'and free right and authority to
construct, maintain, repair, install and rebuild facilities for above
stated purposes and does hereby grant a perpetual easement on, over and
across the above described property for said purposes.
SEE ADDENDUM ATTACHED HERETO AND MADE PART HEREOF
~IN WITNESS WHEREOF, the first party has caused these ppresents to be duly
.executed in its name and its corporate seal to be hereto affixed,
attested by its proper officers thereunto duly authorized, the day and
year first above written:
Signed, sealed and delivered
in the presence of:
ALEXANDRA OTTOWAY
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF DADE
ENRIQUE. WOLF
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments,
personally appeared:
well known to me to be the President andc•.��?`� r�
respectively, of the Corpora —ton named as first party in tFe—Fore oing •
Easement and that they severally acknowled ed executing the same in the
presence of two subscribing witnesses reely and voluntarily, under
authority duly vested in them by said Corporation, and that the seal
affixed thereto is the true Corporate seal of said Corporation.
WITNESS my h nd and off' 1 seal in the County and State last
aforesaid this _ _7_ day of __ , A.D., 19&-7 .
otaey7u5Tic—in—anU—For—Tfie—Mate anU----
County aforesaid.
My commission expires:
MTr Orr 7q0ftlDA'
MY
5/19/86
0 F."o. 97-,20
ADDENDUM
THIS ADDENDUM is attached to and made a part of the
foregoing Right of Way Easement between REGINA DEVELOPMENT CORP.
and the CITY OF TAMARAC. Anything to the contrary
notwithstanding, the terms and provisions of this Addendum are
Intended to and shall supercede any provisions to the contrary
contained in the Easement. The parties hereby further agree as
follows:
1. All construction and maintenance work by Grantee over and
upon the servient estate shall be performed in as expeditious a
manner as possible so as not to unreasonably interfere with the
. use of the servient estate by Grantor and other parties.
2. After construction over or upon the servient estate, and
again after any supplemental maintenance or repair, Grantee, at
Grantee's sole expense, sha-il restore the servient estate to the
condition in which it existed immediately prior to such
installation, maintenance or repair.
3. Grantee hereby indemnifies and agrees to defend and hold
harmless Grantor from and against all liabilities, damages,
claims, costs and expenses whatsoever ( including reasonable
attorney's fees and court costs at all trial and appellate
levels) arising out of or in connection with Grantee's use of the
servient estate.
4. Grantor hereby grants and conveys to Grantee, its
successors and assigns, a non—exclusive casement over and upon
servient estate for the construction of Right of Way.,
S. 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 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.
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'REGINA DEVELOPMENT CORP.
1401 Barickell Avenue
Miami, Florida 33131
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LEGAL DESCRIPTION of a 40, PtAhl-cof-wayEasement lying adjacent to and '
parallel to the East Right -Of -Way line of University Drive in SEC.
10,'t"KUF49 South, Range 41 East more particularly described as
follows:
A portion of Tract 4, of FORT LAUDERI)ALE TRUCK FAWAS SUBU1V1S1ON,
Section 10, 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:
Ct-)WENC1NG at the Northwest corner of said Section 10; thence South
00 00,56" East, along the West line of said Section 10, a distance
of 913.01 feet; thence South 89" 02,49" East, parallel with the
North line of said Section 10, a distance of 60.01 feet to the
POINT OF BEGINNING of this description being; the 40:0 feet east of
a line South 00 00,56" East a distance of 100 feet'to the POINT Of
TERMINUS. Said lands containing 0.0918 acre.
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9110 01,014 1401 Brickell Avenue
PARCEL 0 91 10-01-014 ... 3122 . -_vo. Miami, Florida 33131
LEGAL DESC1tIPT10N of a 47' V-�k-r-ofi-W°`�asement lying. -adjacent to and
parallel to the East Right -Of -Way line of University Drive in SEC
I0,-V&*%SKfi'49 South, Range 41 East more particularly described as
follows:
A portion of Tract 4, of FORT LAUDERDALE TRUCK FAILIIS SUBDIVISION,
Section 10, Township 49 South, Range 41 East, as recorded in flat
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Records
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beim, n.rcparticularly describedas
oAr)FNCING at the Northwest corner of said Section 10; thence South
0() 00'56" East, alone the 1l'est line of said Section 10, a distance
of 1013.01 feet; thence South 89 02,49" East, parallel with the
North lint of said Section 10, a distance of 53.01 feet to the
110I.N'T OF 13G%-JINNING of this description being; the 47.0 feet East of
a line South 00 00,56" East a distance of 100 feet to the WINT Of
TEIt111ti",.IS. Said lands containing; 0.1079 acre.
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LEGAL DESCRIPTION of a 47'r-%.�A•*C-wzjEasement lying adjacent to and
parallel to the East Right -Of -Way line of University Drive in SEC,
%ol-MWNSH1P49 South, Range 41 East more particularly described as
follows:
A portion of Tract 4, of FORT LAUDEMALE TRUCK FARMS SUBDIVISIOy,
Section 10, Township 49 South, Range 41 East, as recorded in Plat
Book 4, Page 31 of the Public Records of Oroward County, Florida,
being more particularly described as follows:
0)\MENCING at the Northwest corner of said Section 10; thence South
00 00,56" East, along; the West line of said Section 10, a distance
of 1113.01 feet; thence South 89 02,49" East, parallel with the
North line of said Section 10, a distance of 53.01 feet to the
1'I)INT OF BEGINNING of this description bein ; the 47.0 feet East of
a line South 00 00,56" East a distance of T00 feet to the POINT Of
T1:1t11INJJS. Said lands containing 0.1079 acre.
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quo 01 016 1401 Brickell Avenue
3122 99 Miami, Florida 33131
LEGAL DESCRIPTION of a 47'f-,,,\,%'1-P4-wt�Easemcnt lying. adjacent to and
parallel to the East Right-OE`scY more cparticularlyof ltdescribed as Drive in SSEC.10,-rowgsrri? 49 South, Range 41a
follows: .
A portion of Tract 4, of FORT LAUDERDALE TRUCI:asF��ccocdBdlYnSPOac
Section 10, Township 49 South, Range 41 East,
Book 4, Pabc 31 of the Public Records of Broward County, Florida,
being more particularly described as follows:
thence South
(](Y�A1f_yCING at the lanctltltcstWestnline ofsaid
saideSectiona10, a distance
00 00156" East, a Parallel with the
of 1213.01 feet; thence South 8 Odistancestof 53.01 feet to the
North line of said Section 10, gg
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POINT OF BEGINNING of this descrnceof
P abn1the 7to thetPOINT Of
a line South 00 00 56 Cast a
1'CIV.11NLJS. Said lands containing 0.1079 acre.
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9110 01 026 1401 Brickell Avenue-
3122 99 Miami, Florida 33131
LEGAL DESCRIPTION of a 47'Vjj0-04-wdjEasement lying ad4acent to and
Para]lel to the East Right -Of -Way line of University Drive in SEC
*,-ToWRSHW49 South, Range 41 East more particularly described as
follows:
A portion of Tract 5, of FORT LAUDERUALE TI1LKX FARMS SUBDIVISION,
Section 10, Township 49 South, Range 41 East, as recorded in Plat
Boot; 4, Page 31 of the Public Records of Broward County, Florida,
being more particularly described as follows:
(IMIENCING at the Northwest corner of said Section 10; thence South
00 00,56" East, along the West line of said.Section 10, a distance
of 1313.01 feet; thence South 89 02'49" East, parallel with the
North line of said Section 10, a distance of 53.01 feet t1a the
POINT OF BEGINNING of this description being; the 47.6 feet East of
a line South 00 00'56" East a distance of 100 feet to the POINT Of
1EIW1NU5. Said lands containing 0.1079 acre.
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REGINA DEVELOPMENT CORP.
vt to'az•o27 • 1401 Brickell Avenue
3122 99 Miami., Florida 33131
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LEGAL DESCRIPTION of a 471T-likt-01-101-1Basement lying adjacent to and
parallel to the East Right -Of -Way line of University Drive in5er-
1A,TON9SHIP49 South, Range 41 East more particularly described as
follows:
A portion of Tract 5, of FORT LAUDERDALE TRUCK FAIWS SUBDIVISION,
Section 10, 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:
C(r.n1ENCING at the Northwest coener of said Section 10; thence South
00 00'.56" East, along the Nest ;inc of said Section 10, a distance
of 1413.01 feet; thence South 89 02,49" East, parallel with the
North line of said Section 10, a distance of 53.01 feet to the
POINT OF BEGINNING of this description being; the 47.0 feet East of
a line South 00 00'56" East a distance of 100 feet to the POINT Of
7EIWINUS. Said lands containing 0.1079 acre.