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Home My WebLink AboutCity of Tamarac Resolution R-86-298Introduced by: J Temp. #4259 1 2 3 6 7 9 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 26 27 29 29 30 31 32 33 34 CITY OF TAMARAC RESOLUTION NO. R-86- � A RESOLUTION APPROVING AND ACCEPTING A 27 FOOT TO 47 FOOT TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY ALL SAINTS LUTHERAN CHURCH 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 27 foot to 47 foot Tamarac -Utilit- ies West Water and Sewer Utility Easement offered by All Saints Lutheran Church for the University Drive Utility Relocation 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. 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 Z O day of r 1986. BERNARD HART MAYOR - ATTEST: A MARILA BERTHOLF CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. A. BRA NT APRbl E CIT ATTORNE MAYOR: HAFT DIST. 1: C/W MASSARO DIST. 2: V/M STELZER ..� DIST. 3: C/M GOTTESMAN DIST. 4: C/M STEIN TAMARAC UTILITIES WEST t�jp• 1 WATER AND SEWER UTILITY EASEMENT Y This T.U.W. Water and Sewer Utility Easement Lutheran Church` ��' 'day of _ 1 19 by - . (Grantor) and the C Y o T marac, a Florida municipal corporation having an address at 5811 Northwest 88th Avenue, Tamarac, Florida, 33321, ' (Grantee). include *k.enever used herein, the �erassignstof"theand partiesehereto11whenever the respective successors an 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- dged by both parties, the parties hereto do hereby grant and agree as 001lows: 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 4Vrties 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. 6/17/86 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 0 loss 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 (GRANTOR) delivered in the presence of: witness i1" Z4 -- By:. / L J . G 7 Z K :X' Witness Signed, sealed and (GRANTEE) deliv d � r s ce of: . City qfnTamarac Ci y anager May r ity Cle k I HEREBY CERTIFY that I have approved the form and correct- ness of this T.U.W. Water and Sewer Utility Easement. CITY `ATTORNET 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,, afore�id to take acknowledgments, personally appeared to me known to be the person described in and who executed the fore- going instrument and acknowledged before me that executed the same. WITNESS by hand and official seal in said this day of v -2- the County and State last of re- A.D. 198. NOTARY PUBLIC STATE OF FLORIN Nr b li?7%10n EXP. JUL 60Az60 lh;v vP r „L IN:, 1 0 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 County a�reA id to take acknowledg- ments, personally appeared to me known to be.the person described in and who executed the foregoing instrument and � acknowledged before me that executed the same. ITNESS my hand and official seal in the County and State last aforesaid his �-d' day of `: A.D. 198 ,�. v Pj!3LIC STATF 7F RCRIDA i1�J• U4Y. - 3 - f.� W I! it 'lau µY 61 1017 f 0 ' %f co, ALL � "_' SAI►1T5 eNURCVi POC. 15 I� •t I. r,.•I. � N• R��./-•AID 1_ 1 1 � ;, •1 I 1 �. _• �I 9103 01 0017 ALL $AJN1', L.U1HLRAN CHURCH 312;e 71 7550 M UNIVEH5ITV DR TAMARAC FLA 33321 -1 � ._, ..• �'�: ; ��• I • I '• ICI ��1, i �.I � f .i. i � I � i. 1 1 LEGAI, DESCRIPTION OF A 271 to 47' UTILITIES EASEMENT lying adjacent to and parallel to the East Right -of -Way line of University Drive, and South of Northwest 76th Street, being a portion of Tract 13 of the "Fort Lauderdale Truck Farms" Subdivision of Section 3, 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: Commencing at the Southwest corner of the "Greenbrier Development Addition No. One plat as recorded in Plat Book 80, Page 45, Broward County, thence North 88*321 53" West a distance of 253.50 to a point being 53.02 feet East of the West line of said Section 3, to the POINT OF BEGINNING of this description being; the 47.0 feet East of a line continuing North 0012116" West a distance of 165.00 feet; thence together with �607+feeteast toothethe pointline ofcontinuing TERMINUSN O•Said6"land distance of 178 containing 0.289 acre. CITY OF TAMARHC UTILITIES WEST DIVISION SKETCH OF DESCRIPTION TR.13 FT.LAUD.TR. FARMS 4 _. rri ,• TA',1ARAC ENGINEERING DEPT DR. ? CHD. fL APPD. -f%*r,-rC� h Cr11G11pn IN WITNESS WHEREOF, the first party has caused these orate seal to presents to be duly » executed in its properand its officerscthereunto duly authorized,eto theadayxand attested by its proper year first above written: Signed, sealed and delivered in the presence of: — /�%j _ S.-� I t,-7> _ 4 v Tye AA - ) _ C//4,R; y �PREST15PRT' ATTEST: �ii T (CDRPORATE SEAL) STATE OF _ ______________ COUNTY OF ---------- I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personal k appeared: v •11 known to me to be the _____ President and ,�_T__� respectively, of the Corporation named as first party in tit —foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily,.under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. WITNESS my ha d and official al in the County and Sr to last aforesaid this r day of ______ _____� A.D., 19__ Notary is in ana—T10-- r i`c— �Ttill and---- County aforesaid. My c omn l s s i o n expires: pOTARY PUBLIC STATE OF FLORIDA CONNISSION EXAIUL 8-CM THRU 6ENERAL INS. UND.a 0 0 EASMNT TH I S INDENTURE made this!lL d a y of `�'� �'!�___.,_ ► A.D., 19 56 by All saints Lutheran Church ________________________________ _______� a corporation existing under the laws of_'_�9______�___� and havingits principal lace of business at 7,�sc /V P P Tz first party, City of -Tamarac at 5811 Northwest llifi Avenue Tamarac, Florida, 33321, a municipal corporation of the State of Florida, second party: (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individu- als and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH WHEREAS, the first party is the owner of property situate in Droward County, Florida, and described as follows: See Attached Right -of -Way Legal. Description and, %?HEREAS, the second party desires an easement for a public road and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to grant such easement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considera- tions, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on, over and across the above described property for said purposes. n -7- ON ....... ... ce ;I, rip 7 ;' / 91-03 01 0017 ALL SAINTS LU1HLRAN CHURCH Z .312[ 71 7550 N UNIVERSITY DR ► TAMARAC FLA 33321 .1 •gipp Al AN G. 3 ALL _ � •f. ", , • —,.° `,r•: wr ,• ._�. .�•:,= n�,.I; • 1„•y,.�^,•. • •'•— ; 3. q' P 0.�. : j.. ;t ; i ^`�,' i .I - I 1 "[' "ICI 1 13 j. s I ` �; '-� ,_ _ .;. �! •.,'-j�'tl I r~� -��Ir: 1 t` 6° 3z' 530 LEGAL DESCRIP,rioN OF A 19.0 RIGHT-OF-WAY EASEMENT lying adjacent to and parallel to the East Right -Of -Way line of University Drive, an3 South of Northwest 76th Street, being a portion of Tract 13 of the "Fort Lauderdale Truck Farms" Subdivision of Section 3, Township 49 South, Range 41 East as recorded in Plat Hook 4, Page 31, of the Public Records of Broward County, Florida being more particularly described as follows: Comc7enciIg at the Southwest corner of the "Greenbrier Devel- opment Addition No. One" plat as recorded in Plat Book 80, Page 45, Broward County, thence North 880 32153" West a distance of 253.50 to a point being 53.02 feet East of the West line of sails section 3, to the point of BEGINNING; of this description being the19.0 feet East of a line continuing North 0°12116" wast a distance of 313.60 feet together with chord area of a 30 foot radius sector at 900 in the Northwest corner of this parcel. Said land containing 0.1,sOacre. CITY OF TAMARAC SKETCH OF DESCRIPTION TA:.IARAC ENGINEERING DEPT. UTILITIES WEST DIVISION TR.13FT.LAUD.TR.FARMS 4 31 DR. E'S- CHD,ES APPD. �' cinw-r Ar WAV CACGAA;7NT 1 1; 119 SFr, 3 •-49-41 SC:UnL DATET;S