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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-300Introduced by: Temp. # / 1 2 S 6 7 8 9 10 11 12 13 14 15 l6 27 i8 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86-43 D o A RESOLUTION APPROVING AND ACCEPTING A 30 FOOT TAMARAC UTILITIES WEST SEWER UTILITY CONSTRUCTION EASEMENT OFFERED BY C.W.M., INC. (COLONY WEST COUNTRY CLUB), FOR THE NORTHWEST FORCE MAIN PROJECT 84-6; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA ,SECTION 1: That the 30 foot Tamarac Utilities West Sewer Utility Construction easement offered by C.W.M., Inc., (Colony West Country Club) for the Northwest Force Main Project 84-6, 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: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this 4W day of-2# , 1986. A. MARIOYN • CITY :. I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. A. RYA PP EGATE CITY ATTORNEY r' BERNARD ART MAYOR 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 / if WATER AND SEWER UTILITY EASEMENT ©" Thi T.U.W. Water and Sewer Utility Easement made'this Z a day of , 198,�,, -1by C.W.M. In- 6800 NW 88 A , (Grantor an the City of Tamarac, a Florida municipal corporat 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- 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 sever 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. 4. This easement shall not be released or altered without consent of the Grantee. 6/17/86 UTIL.EASEMENT.1 E -1- S. Site improvements including but not limited to driveways and landscaping will be reconstructed in kind. A11. 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 del' ere i the presence of: Witness 1 (' Wig ness signed sealed and .elivVr d /ip/ttN px��nce of hereunto set his hand and seal on (GRANTOR) eI 1 0 s C By: - -,- (GRANTEE) CitV a Tamarac Vanager ty Cl I HEREBY CERTIFY that I have approved the form and correct- ness of this T.U.W. Water and Sewer Utility Easement. L�L_ I I ATTORNEY J STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on,this day, befo me, an officer duly author- ized in the State aforesaid and n he County ores id to take r.cknowledgmentse personally appear d to me known to be thgg person described in and who exe ted the fore- going instrument and �f�-- acknowledged before me that executed the same. WITNESS by hand and officia seal in the County and State last af9re- said this day of A.D. 198__,. ae ►;;1L,^;.rl ;ICE EXp,JU -2- r 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 th County, afo esaid to take acknowledg- ments, personally appeared : 't - - - Lc to me known to be the person described in and who executed the foregoing instrument and L4 acknowledged before me that 171Cc executed the Irame. ITNESS my hpnd and official seal in the County and State last aforesaid this �� L day of A.D. 198,Z. 4C7! nY hllaL?C STC,TC OF FLC.Gjpll -3- KEY PLAN C w M INC 4dUJ NW 88 AVE IAMARAC FL 33321 glob 01 001 31 22 99 COLONY EXECUI� GOLF CO (UNRECO pADIAL " 5 89.57t "W , '• E"$ T VE DE0)"" RADIAL 37'49 54"E. a I � I J � J 7 x iiN•39' J5': PARCEL FIVE ( i P.O.B. I I I I I I I I I I 7'.L I PARCEL SIX U � W L CID QD h M 1r5905 .» S] 0" LEGAL DESCRIPTION OF A 30' X 50' AND A 10' X 100' UTILITY EASEMENT lccate,l at the N. W. corner of N. W. 62nd Street and N. W. 88th Avenue being the South 30' of the East 50'; together with the South 150' of the East 10' situated within Parcel Six of the "Colony West Executive Golf Course" (unrecorded plat), being a portion of the "FORT LAUDERDALE TRUCK FARMS", as recorded in Plat Book 4, Page 31 as recorded in Broward County Florida, more particularly described as follows: Commencing at the S.E. corner of the N.E. 1/4 of Section 8, Township 4'l South, Range 41 East; thence N. 88 59'05" W. a distance of 53.0l'; thence N. 00 01'37" W. a distance of 209.86' to the POINT OF BEGINNING OF THIS DESCRIPTION; thence continuing No, 00 01' 37" W. a distance of 130.00'; thence S. 89 58'23" W. a distance of 10.00'; thence S. 00 01'37E a distance I of 100.001; thence S. 89 58123" W. a distance of 40.0'; thence S. 00 01'37" E. a distance of 30.00'; thence N. 89 58123" E. a distance of 50+00' to the I point of beginning. Said lands containing 0.057 acre. CITY OF TAMIARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT, UTILITIES WEST DIVISION COLONY W., EXEC, GOLF C. DR. n•K CMD. L'S• APPD. JnVF,0' a 1t1'V Inn' FQCrIA PNT N.E. 1/4SEC. 8 -49-41 SC: 2.TS. DATES