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HomeMy WebLinkAboutCity of Tamarac Resolution R-87-3721 Z 3 4 5 1 30 u 12 13 14 r Temp. Reso. #4841 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87- w2 A RESOLUTION APPROVING AND ACCEPTING A 40-FOOT TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY TAMARAC REALTY ASSOCIATES FOR THE NORTHWEST FORCE MAIN PROJECT 86-51 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 Tamarac Realty Associates for the Northwest Force Main project 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. 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 imme- diately upon adoption. PASSED, ADOPTED AND APPROVED this �day of 0-� , 1987. N ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form RICHARD DOODY CITY ATTORNEY MAYOR: HART .,.. DIST. 1: C/M ROHR DIST. 2: C/M STELZER DIST. 3: C/M HOFFMAN DIST. 4: V/M STEIN ' 0 [� TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT This T.U.W. Water and Sewer Utility Easement made this a2 day of 98_, by Tamarac Realty Associates, a Florida General Partnershi , 551 N.E. 167 Street, North Miami Beach, Florida, 33162 , 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; NOW, THEREFORE, in consideration of the sum of TEN DOLLARS 46$10.00) and other good and valuable considerations paid by each of the parties hereto to the other party, receipt of which is hereby acknow- ledged 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 over and upon the servient estate for the installation and maintenance of T.U.W. water and sewer utilities. 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 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 qw-rein 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. -1- Jq7-372.. 5. Site improvements including but not limited to driveways and landscaping will be reconstructed in kind. All trenches will be backfilled 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: Wi es Zne H S. D'ANGELO ss CAM�M ORE Signed, sealed and deliv ednn � f-I�p�je� e of: TY P I1 C- -4-Y TY CLERK Crt*fo4 I HEREBY CERTIFY that x have approved the form and (.orrect- ness of this T.U.W. Water and Sewer Utility Easement. Il` .CITY ATTORNEY RcH�CT7 v�oy STATE OF FLORIDA COUNTY OF BROWARD L3 (GRANTOR) (GRANTEE) City of -.,Tamarac By: �4p _AA,1fjP_4 z r, , MA OR .V' 07C I HEREBY CERTIFY that on this day, before me, an Officer duly author- ized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be thon described in a e ersnd who executed the fore- going instrument and acknowledged before me that executed the same. WITNESS by hand and official seal in the County and State last afore- said this day of A.D. 198�7. ROTARY PUBLIC STATE 9 , a 719N NY CONNISSIOM E7IP SEPT 17190`' le BOMOEO TRRU GENERAL IRS: BBO. n 0 C] — 2 _. Tsa.517-37a STATE OF FLORIDA COUNTY OF WROWA*B- D I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforgisaid to take acknowledg- ments, personally appeared L E -F' eto me known to be the person described in and who executed he foregoing nstrument and h<' acknowledged before me that executed the same. WITNESS my hand and official seal in tzor6c/ nd State last aforesaid this 19-H'� day of QC-j�jb-eg A. . 198�/. 10 w 6/26/86 ESMT.TAM.REALTY NOTARY PUBLIC STATE OF FLORIDA NY COKHISSION EXp. SEPT 3.1909 BONDED THRU GENERAL 11S. 090. -3- 47, �1 1 r y •f " � I� 4 01 104- -01 -on,yCI Z rk 0 �w O V j77.A ey_ff f: CG4CSS CASGAtNT` r 4 UNIVERSITY HOSPITAL 102 - 50 9 6 - 0 i i 74D----�_ C_ OC+• 1 ?� M t7I= 1N -.gib 6J, C. P.O G. t iG1dTNCASS CI LEGAL DESCRIPTION OF 40' EASEMENT lying adjacent to and parallel to Univer- sity Drive, being a portion of Tract 17 of the Fort Lauderdale Truck Farm Subdivision as recorded in Plat Book 4, Page 31 of Broward County, more particularly described as follows: CO.NLNIENCING at the Southeast corner of Section 4, Township 49 South, Range 41 East, thence N 000 12116" W along the East line of Section 4, a distance of 1419.01 feet; thence N 890 O1'50" W a distance of 100.02 fe to the point of beginning of this description (which is also the P.O.B. University Hospital P.B. 102 PG 50 B.C.R.) described as: Thence the Fast 40.0 along a line N 000 12116" W a distance of 219.00 feet to the point of terminus. Said land situated and being recorded in Broward County, Florida, contains 0.2011 acre %% q I ExN►raI r CITY OF TAt.`IAR4, SKETCH OF DESCRIPTION iUTILITiES WEST DIVISION Ff.(UI)TRUCK FARM SUB.TRI7 40' UTILITY EASENgENT S 1/2 SECA -49-41 TAMARAC ENGINEERING DEP'. DR.._.. CHD.. l APPD. SC: N TS DATE 20 6