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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-223Introduced by CIA Temp. Reso.#4184 11 2 3 4, 5 6 7 6 9 10 11 12 13 14 15 16 17 16 _. 19 20 21 22 f 23 24 25 26 27 29 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86-,'U-5 A RESOLUTION APPROVING AND ACCEPTING A 40- FOOT WATER AND SEWER UTILITY AND DRAINAGE EASEMENT OFFERED BY IRVING WALTMAN, TRUSTEE FOR THE UNIVERSITY AND MCNAB PLAT PROJECT; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: ,SECTION 1: That the 40-foot water and sewer utility and drainage easement offered by Irving Waltman, Trustee for the University and McNab Plat Project, is HEREBY APPROVED and accepted, a copy of said easement being attached hereto as Exhibit "l". 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 ZL-~day of ,1986. TTEST• MAYOR CI CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. CI A NE' RECORD OF COUNCIL VOTE MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: C/M STELZER DIST. 3: C/M GOTTESMAN DIST. 4: V/M STEIN r; 1 WATER AND SEWER UTILITY 5 O' AND DRAINAGE EASEMENT This Water and Sewer Utility and Drainage Easement made this 5th day of June , 1986 , by , IRVING WALTMAN, TRUSTEE , (Grantor) and the City of Tamarac, a Florida municipal corporation 16ving an address at 5811 Northwest 88th Avenue, Tamarac, Florida, 321, (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 Sroward 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 ($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-- edged 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 water and sewer utilities and drainage facilities. 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 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. Be IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year first above written. Signed sealed and deli r in t esence of: Zn ess ess Signed, sealed and delive5ed in � esence of: W�*tnes - c�i'Ty ION- tness G,, y j, "4 I HEREBY CERTIFY that I have approved the form and correct- ness of this Water and Sewer Utility and Drainage Easement C� Y RNE STATE OF FLORIDA COUNTY OF BROWARD (GRANTOR) By: I (GRANTEE) WALTMAN, TRUSTEE 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 IRVING WALTMAN TRUSTEE to me known to be the person described in and who executed the fore- going instrument and HE acknowledged before me that HE executed the same. WITNESS by hand and official seal in said this 5th day of June MY COMMISSION EXPIRES: F` Notary Public, State of flo►ida My Commission Expires Aug. 9, 1987 bna0 TMu troy Fein - In+unncy. Inc. the County and State last afore- A.D. 198 6. l r No a y P lc f 0 0 a i -2- STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in tnp�County aforesaid o t ke acknowledg- ments, personally appeared —-�,� ��Cl�fi— g-- to me known to e t e person described in and who execut the foregoing instrument and acknowledged before me that executed the -me . WITNESS my hand and of icial seal in the County and State last afor said this day of A.D. 198 NOTARY PUBLIC STATE OF FLORIDA MY GCOMISSION EXP. NOV 18,1989 BONDED TMRU GENERAL INS. UND. 004/86 11 -3- C •w. a U' iw4v: N89101'50'W (98V$Z'54^W) •S"w FORT LMWXRII.ILE Fw F,�� I TRUER I.:R45 1-Y 0 ' 14 AW UNIVERSITY 8 MCNAB PLAT (unrecorded) / 559.01'S0'E M 7w 72 .. PARCEL "A" NY.558 4..n.. - u656 Ac. 9104-I-7-001 W fw M • 1656 •, M 3/1 :NAB f 'p.w.KMwv P.,I WA D. 1:! h r 5!0) /IyV F/wS�J J�' I p,us. i6Ro uero,r0 s::) � � i sc)9'ai'So'C 29S aT' P6r n+..rr �a .e r A16 N 'USIMC IE9ERAL t-fy:.N1C' f CFin P,er i a' I � V, 1: > N I 00 =Y {p9b1"yjY lM7'1i SJ'N) f3 s F.J poll ---- jcr nrr •es: T ROAD-,.%- 5 LEGAL DESCRIPTION OF A 40' UTILITY EASEMM11 lying, adjacent to and being parallel to University Drive (University & McNab Plat unrecorded) being a portion Tract 17 of Ft. Lauderdale Truck Farms subdivision of Section 4, 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: COM2iCING at the southeast corner of said Section 4; thence north 00' 12' 16" west, along the east line of said section 4, a distance of 712.01 feet; thence north 890 01' 50" west, parallel with the south line of said section 4, a distance of 60.01 feet to the point of beginning of this descrip- tion; being the 40.0 feet west of a line,south 00°12'16" east a distance of 364.58 feet.to the point of terminus. Said land situated being and located in Broward County Florida containing 0.335 acres. r CITY OF TAMARAC SKETCH OF DESCRIPTION UTILITIES WEST DIVISION UNIVERSITY &MCNAB PLAT 40' UTILITY EASEMENT S 1/2 SEC. 4 -49-41 TAMARAC ENGINEERING DEPT. DR. P.S.5 CHD. R5, APPD. SC: NT5 DATEGII/ek