HomeMy WebLinkAboutCity of Tamarac Resolution R-86-295Introduced by: dol Temp. #
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86-
A RESOLUTION APPROVING AND ACCEPTING A 40
FOOT TAMARAC UTILITIES WEST WATER AND SEWER
UTILITY EASEMENT OFFERED BY UNIVERSITY MED-
ICAL ASSOCIATES, LTD. FOR THE UNIVERSITY DRIVE
UTILITY RELOCATION PROJECT 86--5; 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 University
Medical Associates, Ltd., for the University Drive Utility
Relocation 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 of the
City.
ECT1 N 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 / d�day of, 1986.
• BERNARff HART
MAYOR
ATTEST:
MAR YN BERTHOLF
CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
A. - RYAN PP GATE
CITY ATT RNEY
MAYOR: HART
DIST. 1: C/w MASSARO _
DIST. 2: V/M STELZER
DIST. 3: C/M GOTTESMAN
DIST. 4: C/M STEIN
TAMARAC UTILITIES WEST
WATER AND SEWER UTILITY EASEMENT
This T.U.W. Water and Sewer Utility Easement made this l a day of
198,, by University Medi;alA
ssociates Ltd.
- (Grantor)
and the Cit of Ta arac, a Florida municipal c -poration�having an
address at 5811 Northwest 88th Avenue, Tamarac, Florida, 33321,
Sprantee).
(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:
WIiEREAS, 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-
0-dged 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
herein granted or the exercise of the rights of use thereunder.
3. The provisions of this easement shall be binding on the
4parties 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.
6/1 7/86
UTIL.EASEMENT.1
-1-
5. Site improvements including but not limited to driveways and
landscaping will be reconstructed in kind. 1,11 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.
b. Grantee hereby indemnifies and holds harmless grantor for any
loss arising from grantees use of the easement herein granted.
IN WITNESS WHEREOF, Grantor has
the day and year first above written.
Signed, sealed and
delivered in the presence of:
Witness/
lec Y`z--
Witne s
l-_
Signed, sealed and
del a /)� esence of
TZ
Manager KZV
City Cler
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this T.U.W. Water and
Sewer Utility Easement.
CITY ATTORNEY
I�
STATE OF FLORIDA
COUNTY OF
hereunto set his hand and seal on
(GRANTOR)
By:
s fiu W l ey ivl:.'r kcjs ky
(GRANTEE)
city Tamarac
ayor
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 S c"16,�
to me known to be the person described in and who executed the fore-
going instrument and Hq acknowledged before me that G,E executed
the same.
WITNESS by hand and official seal in the County and State last afore-
A.D. 198 4K.
said this /ate day of-"/Cm-c� '- 7— .
K 'T-RY PUP. IC SY;l 1 C"
GQEJ THPII a L.
1-J
-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 t,fie County? aforesaid to take acknowledg-
ments, personally appeared `•LL
to me known to be the person described in and who executed the foregoing
instrument and acknowledged before me that executed the
same.
WITNESS any hand and official seal in the County and State last aforesaid
this day of 'Z'� A.D. 198:'�".
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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:
COMMENCING 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 01150" W a distance of 100.02 feet
to the point of beginning of this description (which is also the P.O.B. of
University Hospital P.B. 102 PG 50 B.C.R.) described as:
Thence the East 40.0 along a line N 000 12'16" 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
a
CITY OF TAMaR4":
'UTILITIES WEST DIVISION
140' UTILITY EASEVENT
SI:ETCH OF DESCRIPTION
RL,�,UDTF:UCK FARM 5U8.TP•17
S 1/2 SECA -49-41
TA',1ARAC ENGINEERING 0c?7•
CR. CHD.-Z APPD.
Sc: N TS DATE 5120A36