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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-226Introduced by:Temp. #4183 �J 1 1 2 3 4 S 6 7 B 9 10 11 12 13 14 1S 16 17 16 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86-�� A RESOLUTION APPROVING AND ACCEPTING A WATER AND SEWER UTILITY EASEMENT OFFERED BY VAUGHAN S. FORD FOR THE PORTOBELLO PROJECT; AND PRO- VIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Water and Sewer Utility easement offered by Vaughan S. Ford for the Portobello project -is HEREBY APPROVED and accepted, a copy of said easement being attached hereto as "Exhibit 1". ,SECTIQN 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. PASSED, ADOPTED AND APPROVED this eday of , 1986. ATTEST: MAYOR >_299&.4, -//" '& CITY NLERK �I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. 22L_1'4� �, �_ CIT ATT 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 TAMARAC UTILITIES WEST WATER be SEWER UTILITY EASEMENT ����lP e ,So.S �` V This T.U.W. Water and Sewer Utility Easement made this ___ day of _—___—__ _ _ 198 6_, by _Vaughan & Ford—____`-------_'"__—�_, Trustee — �Portobe'1]o _ _T__- (GrantorT ana�YtFie G"ity oT--amarac,-a--FTar�aa`munictpaT-�c-orpor`at�on 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 ($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- 41edged 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 do 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 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 unning with and binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year first above written. on Signed, sealed and delivered in the presence of: Witness Hess Signed, sealed and deli ed in p esence of: Wiiness I HEREBY CERTIFY that I have approved the form and correct- ness of this T.U.W. Water be Sewer Utility Easement. STATE OF TEXAS CDUNTY OF HARRIS (GRANTOR) _ Vaughan _Ford, Trustee By:__ - - = `=----- r- (GRANTEE) City_vf aracBy: _ _ZL3�!� Yu. 1 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 appearedVaughan S. Fora �— ------------- to me known to be the person described in and who executed the fore- going instrument and acknowledged before me that he executed the same. WITNESS by hand and official seal in the County and State last afore- said this 23th day of May A.D. 1986 .I!_ nruc�iia Moss Notary Public State of My Commission Expires: 11/02/88 0 -2- STATE OF FLORIDA UDl1NTY OF BROwARD I HEREBY CERTIFY that on this dayy, before me, an Officer duly authorized in the State aforesaid and in he County fo esaid to take acknowledg- ments, personally appeared Xf1Z-c�---------- exec to�me'�Cnow -- nMc`o'6e`tFie person-clesci�b`ea in ana FR-Me-To instrument and acknowledged before me that executed the same. 44 FITNESS my hand and of icial seal in the County and State last aforesaid this day of A.D. 198,9'. W 23/86 0 r. rNry u:ltgA 1Ib� 8'15tty � UirJ, 0 -3- MDRTGAGEE's ODNSENT STATE OF CALIFORNIA) SS CDUNTY OF SAN JOAQU*i The undersigned hereby certifies that it is the holder of a mortgage upon the property described hereon and does hereby c'oin and consent to the T.U.W. Water and Sewer Utility asement granted by the owner thereof and agrees that its mortgage which is recorded in official records book 12R� _, page 58 of the public records of Broward County, Flom a, shall —Se subordinated to the T.U.W. Water and Sewer Utility Easement, without impairing the lien of that mortgage on the remaining part of the property described in the mortgage. — F are Coloration -------- _ -- -- --0--------------W----- STATE OF CALIFORNIA ) COUNTY OF SAN JOAQUIN )SS. On before me, the undersigned, a Notary Public in and for said State, pe onally appeared GAIL SOUSA, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as ASSISTANT SECRETARY, on behalf of FCA MORTGAGE CORPORATION, the Corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by—laws or a resolution of its board of directors. OFFICIAL SEAL WITNESS my hand and official seal. DARLYENE A. WAHL - NOTARY PUBLIC - CALIFORNIA SAN JOAQUIN COUNTY W Commission Expires AM III, 1f/! Signature L � W`V`'VVV`VW Notary Public in aKd for sa d County and State FORMS/OOId —iR6 ary—PS ST'ic oT—gtafe oT---- My commission expires; - 4 - DESCRIPTION: PROPOSED EASEMENT C� 11 A portion of FORT LAUDERDALE TRUCK FARMS SUBDIVISION, Section 4, Township 49 South, Range 41 East, recorded in Flat Rook 4, Page 31, of the Public Records of Broward County, Florida being more particularly described as follows: COMMENCING at the Southeast corner of the Northeast quarter of said Section 4; thence North 00012'16" West, along the East line of amid Section 4, a distance of 2092.54 feet; thence South 89047'44" West, at right angles to the last described course. a distance of 60.00 feet to the POINT OF BEGINNING of the description; thence continue South 89047'44" West, a distance of 40.00 feet; thence North 00012'16" West, along a line 100.00 West of, as measured at right angles to, and parallel with, the said East line of Section 4, a distance of 296.12 feet; thence North 45012'16" West, a distance of 42.43 feet; thence North 89047'44" East, along the South right-of-way line of Northwest 82nd street, a distance of 45.00 feet to the point of curvature of a circular curve concave Southwesterly; thence Easterly and Southerly along the arc of said curve having a radius of 25.00 feet, a central angle of 90000.00" and an arc distance of 39.27 feet to the point of tangency; thence South 00012'16" East, along a line 60.00 feet West of with, as measured at right angles to, and parallel with, the East line of said Section 4, a distance of 301.12 feet to the POINT OF BEGINNING. Said lands aitutate, lying and being in the City of Tamarac, Broward County, Florida and containing 0.307 acres more or less. NOTES: 1. The land& shown hereon were not abstracted by the undersigned for rights -of -way, easements, reservations. and other similar matters of record. Such information should be obtained and verified by others through appropriate title verification. 2. This drawing is the property of DARBY AND WAY, INC. and shall not be used or reproduced in whole or part without written permission. 3. This is not a Sketch of Survey but only a graphic depiction of the lands described hereon, and in no way reflects actual field measurements or location. 4. Bearings shown hereon are relative to the Plat of Section 4, GOLF COURSE PLAT, TRACT "F", as recorded in Plat Book 88, Page 20, of the Public Records of Broward County, Florida. CERTIFICATE: I hereby certify that this SKETCH and and correct to the best of my knowledge Minimum Technical Standards for Land Florida as set forth in Chapter ADMINISTRATIVE CODE. DARBY AND WAY, INC. Sheet 1 of 2 Job No. B075V May 9, 1986 �!ap�1`dO�^'d� LMC : cas LEGAL DESCRIPTION is true and belief and meets the Surveying in the State of 21 6 of the FLORIDA By; Landon M. Cross Registere aaSurveyor No. 3348 Et PROPOS eD EAS EM �JV T ra ,44r0A-f ,,4ivy 4 E<J,4Z PFGCR1P TivA✓ Al ill 82 r7d RA 25 • 'd = gapes ao " ` Az Sq•27' /1,L� / /00 N aM W� 3 � Sri 8 k �1I 1�16 M 40" 6000 s 89"47 44"w h 100 a Coln er N. E %4 ser. 4.4Q - 4/ ��-�rr ►ROPES/ZONAL SURVEYING AND ENGINEERING r Lv 0100 N.E. 10 AV. L IT. LAUDERDALE. 005.771.0051 FLORIDA 38334 oM[ard�f n[�o Sheer 2 of'2 ■', B076V