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Home My WebLink AboutCity of Tamarac Resolution R-86-293Introduced by: U Temp. #J5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86- � 9 3 1 A RESOLUTION APPROVING AND ACCEPTING A 23 2 FOOT TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY WOODMONT CORPOR- 3 ATION (WOODMONT TRACT 56) FOR THE 201 PROJECT 86-5; AND PROVIDING AN EFFECTIVE DATE. 1, I= 6 7 • 9 10 it 12 13 14 15 20 21 22 23 24 25 26 27 28 29 30 j 31 32 33 34 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA SECTION 1: That the 23 foot Tamarac Utilities West Water and Sewer Utility Easement offered by Woodmont Corpora- tion (Woodmont Tract 56) for the 201 Project 86-5, is hereby approved and accepted, a copy of said easement being attached hereto as "Exhibit 1". SECTION 2: That the appropriate City officials are hereby authorized to execute said easement on behalf on 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 /0 day of 1986. BERNAR HART MAYOR ATTEST: MAR YN BERTHOLF CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. A. B ANT A EGA E C Y ATTORNEY MAYOR: HART DIST. 1: C/W MASSARO-- DIST. 2: V/M STELZER DIST. 3: C/M GOTTESMAN DIST. 4: C/M STEIN,_ �1 TAINIARAC UTILITIES WEST S�I WATER AND SEWER UTILITY EASEMENT Li � N-,is .0 w. water and Se er Utility Easement made this �_ day of _ 198 byWoodmont Corp. _ � A Florida, C_orporation ''Tay rinsk President 180 W. Royal Palm Rd. Boca Raton , (Grantor) and the City of Tamarac, a Florida municipal corporation having an adress at 5811 Northwest 88th Avenue, Tamarac, Florida, 33321, ;Grantee). ahenever used herein, the term "Grantor" and "Grantee" shall include 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- ledged by both parties, the parties hereto do hereby grant and agree as �llows: 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 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 inning with and binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. 6/1 7/86 UTIL.EASEMENT.1 -1- 5. Site improvements including but not limited to driveways, walls, signage, landscaping. lighting fixtures, and any other elements of the existing entry features shall be promptly reconstructed as necessary at the expense of the Grantee. 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 I oss 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: Witness i ness ginnpH- caA1PH and I HEREBY CERTIFY that I have approved the form and correct- ness of this T.U.W. Water and Sewer Utility Easement. C STATE OF FLORIDA COUNTY OF PALM BEACH (GRANTOR) WOODMONT CORP*-- By: --- play - Kr i ra�Pres i dent (GRANTEE) City of Tamarac hr N Mayor I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jay Krinsky, President of Woodmont Corp. To me known to be the person described in and who executed the foregoing instrument and acknowledged before me that executed the same. WITNESS by hand and official seal in the County and State last aforesaid this 21st day of August A.D. 198 6. 11 �;',TE OF FLORIDA 1-(-) iV I Y OF BROWARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in', the Count aforesaid to take acknowledg- :nents, personally appeared '� /-P J_'/ 7 to me kn vin to/be the p rson described in and who executed the foregoing instrument and �.�� acknowledged before me that 14-11,-"d executed the 46-;n P.l e . C1 WITNESS my hand and official seal in the County and State last afor said this day of _ _ ;i>,� A.D. 198 0 M C� ;< Wo �\I TRACT "F" ML Mott ••4.1216. e w- • i � �•a'v-oT• � I •'� Ia51 r.,1 a n• n'r/• • I Ian•L:aa•"1 aa\ao' / "AT N. Lwlq N. W. 78TH STREET 1"ar /•\O. rC aMl �f4 ll P.O.C. aD s 1 1 :. 1•�� IL 11 r rTw t'1r �'i::i •n "• _//1 r .[ [ f r ti r,: ma's; yk •0[ •' /[ Lfwt/ C Legal description of a 23' utility easement lying adjacent to and being parallel to the west side of University Drive and north of N. W. 78th Street situated in Section 4, Township 49 South, -Range 41 East, more particularly described as follows: That part of a 23' easement (Per Note #9 By Plat) lying east of A line; commencing at the northeast corner of "WOODMONT TRACT 56" as recorded in Plat Book 123, Page 44, of Broward County Florida; thence S 00012' 16" E a distance of 490.00'to the Point of Beginning of this description; thence continuing S 00°12' 16" E a distance of 190' to the Point of Terminus. Said land containing 0.096 acres. CITY OF TAMARAC UTILITIES WEST DIVISION R 231 UTILITY EASEMENT SKETCH OF DESCRIPTION WOODMONT TR 56 123=4 N 1/2 SEC. 4 —49-41 11 it TAMARAC ENGINEERING DEPT. DR.Q- Y. CHDZ.5_- APPD. SC: VI 5 DATE (�'