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Home My WebLink AboutCity of Tamarac Resolution R-86-3441 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Introduced b,4 /,�, Temp. Reso. #4314 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86-�_ A RESOLUTION APPROVING -AND ACCEPTING A 40 FOOT WATER AND SEWER UTILITY AND DRAINAGE EASEMENT OFFERED BY GRAYSTONE FAIRWAYS CORPORATION (UNIVERSITY CLUB) FOR PROJECT 86-5, 201 FORCE MAIN PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL•OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the 40 foot water and sewer utility and drainage easement offered by Graystone Fairways Corporation (University Club) for project 86-5, 201 Force Main Project 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. 5ECTION 3: That the City Clerk is hereby authorized and directed to record said easement in the public records of Broward County, Florida. BECTION 4: This resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this G ay of 1986. BERNARD HART MAYOR ATTEST: RTLYN BERTHOL10 CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. - \ BRYA\ AP EGATE CITY ATTONEY MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: V/M STELZER DIST. 3: C/M GOTTESMAN DIST. 4: C/M STEIN WATER AND SEWER UTILITY r fe.0 w AND DRAINAGE EASEMENT This Water and Sewer Utility and Drainage Easement made this '2-S4 day of J u r► C` ► 19 by RAYSTONE FAIRWAYS CORPORATION , (Grantor) and the City of Tamarac, a Florida municipal corporation having an address at 5811 Northwest 88th Avenue, Tamarac, Florida, 03321, (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 Sroward 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- Wedged 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 water and sewer utilities and -drainage facilities. 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. 9 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. -1- 1 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 Witness Signed, sealed and delive jqd nr -,Presexte of: e�- tness CG,-"?y' CLEKiC I HEREBY CERTIFY that I have approved the form and correct- ness of this Water and Sewer Utility and Drainage Easement CITY ATTORNEY ovi•re-F pF o rlTitR10 COUNTY OF BR6WAR (GRANTOR) GRAYSTONE FAIRWAYS CORPORATION (GRANTEE) City of^Tamarac 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 L o i n s w i nr 6�- p J, JD 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 the County and State last afore- said this .2 y fh day of A.D. 198 G . f . • • • -z- STATE OF FLORIDA COUNTY OF HROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County Tres id to take acknowledg- ments, personally appeared ; to me known to behe person described in and who execurted the foregoing instrument and acknowledged before me that 1--Xe executed the •same. WITNESS my hand and official seal in the County and State last afo>esaid this /s I--> day of �� ,�. �✓ A.D. 1986. "T"y W9LIC STATE OF FLORIOA NT COMXISEION EXP SEPT 17.1990 BDMJEO THRU GEMERAL 1MS. UMO. 0 6/04/86 C� H 29E DESCRIPTION: PROPOSED WATER AND SEWER UTILITY AND DRAINAGE EASEMENT A portion of Section 4, Township 49 South, Range 41 East, being also a portion of FORT LAUDERDALE TRUCK FARMS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida, described as follows: COMMENCE at the Northeast corner of said Section 4; thence South 00012116" East, along the East line of said Section 4. a distance of 1217.79 feet; thence South 89047'44" West, along the Easterly extension of the Southerly right-of-way line of Northwest 82nd Street as described in Official Records Book 6450, Page 688, of said Public Records, a distance of 60.00 feet; thence South 00012116" East, along a line 60.00 feet West of, and parallel with the said East line of Section 4, said parallel line being coincident with the Westerly right-of-way line of University Drive as described in Official Records Book 4653, Page 657 of said Public Records, a distance of 326.12 feet to an intersection with a line 326.12 feet South of, and parallel with the said Southerly right-of-way line of Northwest 82nd Street, said point being the POINT OF BEGINNING; thence continue South 00012'16" East, along the last described course, a distance of 975.25 feet; thence North 65003137"" West, along a boundary of Tract F as shown on the LAND SEC. 4 GOLF COURSE PLAT, as recorded in Plat Book 88, Page 20, of said Public Records, a distance of 44.18 feet; thence North 00012116" West, along a line 40.00 feet West of, and parallel with the said Westerly right -of --way line of University Drive, a distance of 956.48 feet; thence North 89047'44" East, along said line being 326.12 feet South of, and parallel with the said Southerly right-of-way line of Northwest 82nd Street, a distance of 40.00 feet to the POINT OF BEGINNING. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and containing 0.887 acres, more or less. NQTES: 1. Reproductions of the Sketch are not valid unless sealed with an embossed surveyor's seal. 2. This is not a Sketch of Survey but only a graphic depiction of the lands described hereon, and in no way reflects actual field measurements or location. 3. Bearings shown hereon are relative to the Plat of LAND SEC. 4 GOLF COURSE PLAT, as recorded in Plat Book 88, Page 20, of the Public Records of Broward County, Florida. CERTIFICATE: I hereby certify that this and correct to the best of my Minimum Technical Standards Florida as set forth in ADMINISTRATIVE CODE. DARBY AND WAY, INC. SKETCH and LEGAL DESCRIPTION is true knowledge and belief and meet& the for Land Surveying in the State of Chapter 21HH-6 of the FLORIDA Sheet 1 of 2 Job No. 8035B May 29, 1986 ALED DER : cas �A�ID 5D �� '� WITH Ah bN'BO55 ND SU��rEYOR S SLAL By: Landon M. Cross Registered Land Surveyor No. 3348 State of Florida S h l 0 � `2- E 0 rS!'f TC// TO ACCDMP,O/1/Y 1JE.S'C�P/PT/D�/ PPlJPL15',E17 !+/TOTE,; J'E!✓£AP UT/L/TY CAIg lI,P.�%l/AGE FAXEhIll A/.w 62 o,srReer _ '- �O.R Gv�f50� PCB lv88j BGh') S LY 04 7 44 - - „° '00' 1. N CV q �q�4 ACT � S � S 40 t jS • 03;7 �. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED, BY THE UNDERSIGNED, FOR RIGMTS-OF-WAY, EASEMENTS, RESEVATIONS AND OTHER SIMILIAR MATTERS OF RECORD, SUCH INFORMATION SHOULD BE OBTAINED AND VERIFIED BY OTHERS TMF4000H APPROPRIATE TITLE VERIFICATION, THIS DRAWING IS THE PROPERTY OF DAN&Y rad WAY, INC AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR PART WITHOUT WRITTEN PERMISSION. J� . PROFESSIONAL SURVEYING AND ENGINEERING 6300 N.E. Iq AV. FT. LAUDERDALE, FLORIDA 33334 305-771-0051 r 60 I ,t/.OE. GORA/ER 30L`4A'! THIS SITE Ei�a h A tl's, 7-„ y i� LOCATION MAP 7( t' .S11ESr 2oF2 SCALE '//0 50/ 11EVISION$ 8-A/o, Ai DATES my CMECR AlIX r Imp ,/ass A/b. B2,35e &MTGAGEE's CONSENT STATE OF �, ,-- 7,,- , ) COUNTY OF ti . ,ti `��, ,:,) SS ) The undersigned hereby certifies that it is the holder of a mortgage upon the property described hereon and does hereby coin and consent to the T.U.W. Water and Sewer Utility asement granted by the owner thereof and agrees that its mortgage which is recorded in official records book 9 page 2 of the public records of Broward County, FlorHia `' shall_a subordinated to the T.U.W. Water and Sewer Utility Easement, without impairing the lien of that mortgage on the remaining part of the property described in the mortgage. 17 A e s sL a By _______ "--- __..___M 7 7 STATE OF COUNTY OF _ ) SS Before me personallyap to me well known and known tometoad betFie)L� caon'w`fio `�41rijV ted the foregoing instrument acknowledfe toandbeforeemecu- that I -AC executed said document for the purpOT-C-1Fiere15`ezpreaaR: WITNESS my hand and official seal this ti day of __ TL`` _- 19 8 L. ~. ___1...... 'Notary`! u6Tic otate`_o�____ My commission expires: OTART PPu&je, �t�L No. 01c"U01IS Qwlified in King�ss Ouirt'ru+ar+ ExNM At rCh 36. 1 I — 4 — 0 C� M ORTGAGLE'S CONSENT STATE. OF - A ) COUNTY OF'81✓/�iz�I ) The undersigned hereby certifies that it is the holder of a mortgage upon the property described hereon and does hereby join and consent to the T.U.W. Water and Sewer Utility Easement granted by the owner thereof and agrees that its mortgage which is recorded in Official Records Hook 9369, Page 22, of the Public Records of Broward County, Florida, shall be subordinated to the T.U.W. Water and Sewer Utility Easement, without impairing the lien of that mortgage on the remaining part of the property described in the mortgage. CELIA RESNICK, AS TRUSTEE Signed, sealed and delivered in the present of: A Witness -, Tlitne s r' STATE OF ;fzlDA ) COUNTY OF Before me personally appeared CELIA RESNICK, AS TRUSTEE, to me well known and known to me to be the person who executed the foregoing instrument and acknowledged to and before me that she executed said document for the purpose therein expressed. WITNESS my hand and official seal this �x day of July,'1986. My Commission Expires: MCTARY PUBLIC STATE CF FLN:t-A MY come ssIov Elp. AI-R 26,1968 90110c'D TNFu GEMERAL Ids. 00- I* Notary Public (N. P. SEAL)