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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-2961 2 3 4. 5 6 7 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 29 30 31 32 33 34 Introduced by: Temp. # !L5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86-,,5�7f6_ A RESOLUTION APPROVING AND ACCEPTING A 40 FOOT TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY UNIVER- SITY SHOPPES AND OFFICES, LTD., FOR THE UNIVERSITY DRIVE UTILITY RELOCATION PROJECT 86--2; 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 Shoppes and Offices, Ltd., for the University Drive Reloca- tion Project 86--2, 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. SECTION3: 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 44i' day of , 1986. ATTEST: MAR LYN BERTHOLF V CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of the RESOLUTION> A. YANT *P)?LE4ATE TY ATTORNE BERNARD HART MAYOR MAYOR: HART DIST. 1: C/W MASSARO _ DIST. 2: V/M STELZER DIST. 3: C/M GOTTESMAN DIST. 4: C/M STEIN 40 It TA,MARAC UTILITIES WEST �� WATER AND SEWER UTILITY EASEMENT This U.W. ater and Sewer Utility Easement made this �a day of 198 by University h4+�aes 6 Of Ltd. , ,.s, EIg. 33065 , (Grantor) and the City of Tamarac, a Florida municipal corporation having an address at 5811 Northwest 88th Avenue, Tamarac, Florida, 33321, (Grantee). (Whenever used herein, the term "Grantor" and "Grantee" shall include he respective successors and assigns of the parties hereto, whenever he 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 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 parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. 9. This easement shall not be released or altered without consent of the Grantee. 6/17/86 UTIL.EASEMENT.1 -1- 5. Site improvements including but not limited to driveways and landscaping will be reconstructed in kind. 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 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: Witne ;yz /__ wi ness, Signed, sealed and delivered /rprtNjpy4ence of: hereunto set his hand and seal on (GRANTOR) (GRANTEE) City ol Tamarac nager 1 ;-7&� Mayor ty Cler I HEREBY CERTIFY that I have approved the form and correct- ness of this T.U.W. Water and Sewer Utility Easement. CITY ATTOR E STATE OF FLORIDA COUNTY OF BROWARD 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 to me known to be the person described in and who executed the fore- going instrument and N-.` acknowledged before me that r executed the same. WITNESS by hand and official seal in the County and State last afore- said this1 ILA day of L A A.D. 19$ . a T -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 the County, aforQsai to take acknowledg- ments, personally appeared�- to me known to be the person aescribea in ana wno exuUULVU LIM LUiCyU111y instrument and, acknowledged before me that 1`� executed the same. 4ITNESS my hand and official seal in the County and State last aforesaid A.D. 198-6. is /=#- day of �� r.�s-L� 80Ki i4r� Sf .rE•;6I Its. U10. —3—