HomeMy WebLinkAboutCity of Tamarac Resolution R-86-0151-1
14
1
1
2
3
4
S
7
6
9
10
11
12
13
14
15
16
17
is
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Introduced by 4>9 Temp. #3961
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86--ZS--
A RESOLUTION APPROVING AND ACCEPTING A
TEMPORARY EASEMENT OFFERED BY
TRANSCAPITAL DEVELOPMENT CORPORATION
FOR THE JASMINE PROJECT; AND PROVIDING
AN EFFECTIVE DATE. _
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SEQTIQN 1: That the temporary Easement from Trans -
capital Development Corporation for the City to remove or demolish
the temporary parking facility at the temporary sales and admini-
stration office after expiration of the use permit is hereby
approved.
SECTION 2: This Resolution shall become effective
upon adoption.
PASSED, ADOPTED AND APPROVED this—/—O—day•of, 1986.
r
MAYOR
A TEST:
CI Y CLERK
I HEREBY CERTIFY THAT I
have approved the form and
correctness o this Resolution
RECORD OF COUNCIL, VOTE
CITY ATTORN MAYOR: KRAVITZ
DIST 4: C/M STEIN 914-a_
DIST 3: C/M GOTTESMAN _
DIST 2: C/M MUNITZ
DIST 1: V M MAS R
:fy aa....a....
rj l
F1
I
GRANT OF TEMPORARY EASEMENT
THIS GRANT OF TEMPORARY EASEMENT is made and entered into
this day of April, 1986, between:
TRANSCAPITAL DEVELOPMENT CORPORATION,
a Florida corporation
(hereinafter referred to as the "Grantor")
and
THE CITY OF TAMARAC,
a municipal corporation existing under
the laws of the State of Florida
(hereinafter referred to as the "Grantee");
W I T N E S S E T H:
WHEREAS, the Grantee has approved a Site Plan (the "Site
Plan") presented by the Grantor for the development of that
certain property located in Broward County, Florida, more
particularly described on Exhibit "A" attached hereto and made a
part hereof (the "Property"); and
WHEREAS, the Grantor has requested and the Grantee has
granted a permit (the "Permit") to the Grantor for the
construction of Building No. 1 ("Building No. 1") as shown on the
Site Plan to be used temporarily as a sales office and model
residential units (the "Temporary Facility"); and
WHEREAS, the Grantee has required that the Grantor
provide additional parking facilities in conjunction with the use
of the Temporary Facility for so long as the Temporary Facility is
used for such purpose; and
WHEREAS, the temporary parking facilities shall be
provided by the Grantor on the Property more particularly
described on Exhibit "B" attached hereto and made a part hereof
(the "Temporary Parking Facility"); and
WHEREAS, the Grantee has requested and the Grantor has
agreed to remove the Temporary Parking Facility at such time as
the Temporary Facility is no longer used as a sales office and
model residential units and that if the Grantor fails to remove
the Temporary Parking Facility, the Grantee shall have a temporary
SMITH & MANDLER, P.A. ATTORNEYS AT LAW, 1111 LINCOLN ROAD MALL, MIAMI BEACH, FLORIDA 33139
easement to enter upon the Property for the purpose of removing
the Temporary Parking Facility.
NOW, THEREFORE, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable consideration in
hand paid by each party to the other, the receipt and sufficiency
whereof is hereby acknowledged, and in further consideration of
the mutual covenants and obligations hereinafter set forth, the
parties agree as follows:
1. The foregoing recitations are true and correct.
2. Grantor does hereby grant unto Grantee an
irrevocable, nonexclusive, temporary easement (the "Easement") on,
over, upon and across the Temporary Parking Facility and so much
of the Property as may be necessary to permit the Grantee to enter
upon the Property in order to remove and/or demolish the Temporary
Parking Facility.
3. This Easement shall take effect and the Grantee
shall have the rights granted to it hereunder thirty (30) days
from the date upon which the Permit or any extensions or renewals
thereof expires, terminates or is revoked.
4. This Grant of Temporary Easement and the rights
of the Grantee hereunder shall terminate and shall be of no
further force or effect at such time as the Temporary Parking
Facility is removed or demolished, and such termination shall be
self -operative and neither the Grantee nor the Grantor shall be
required to take any other action or do any other act to effect
such termination.
5. Notwithstanding anything contained herein to
the contrary, upon termination of this Grant of Temporary Easement
as provided above, the Grantee shall forthwith upon request of the
Grantor execute and deliver to the Grantor such instruments or
documents in recordable form as Grantor shall reasonably request
to evidence that the Easement and all of the rights granted unto
-2-
SMITH & MANDLER, P.A. ATTORNEYS AT LAW, 1111 LINCOLN ROAD MALL, MIAMI BEACH, FLORIDA 33139
W
the Grantee hereunder have terminated and are of no further force
D,
or effect.
IN WITNESS WHEREOF, Grantor has caused this instrument to
be executed the day and year first above written.
Signed, Sealed and Delivered
In the Presence Of:
TRANSCAPITAL DEVELOPMENT
CORPORATION, a Florida
corporation
BY:
V i c. e. r -es n t
STATE OF FLORIDA
COUNTY OF DADE
BEFORE ME, the undersigned authority, duly authorized to
,��n i �st e r�4,t h �s
,'a��n�dta�ke acknowledgments, personally appeared
, as Vice President, of TRANSCAPTTAL
DEVELOPMENT CORPORATION, a Florida corporation, and acknowledged
the foregoing in his capacity as same for the purposes herein
described this day of April, 1986.
0 O=
TARY PUBLIC,�-8t�-�,e of FlorTda
My Commission Expires:
Notary Public, State of Florida at Larp
My Commission Expires Jan. 30,1988
Bonded Thru Weghorn, Roberts & Associates
7935i/484A
-3-
SMITH & MANDLER, P.A. ATTORNEYS AT LAW. 1111 LINCOLN ROAD MALL. MIAMI BEACH. FLORIDA 33139