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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-3531 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 by_9�il___ Temp. Reso. #4319 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86-_-3,53, A RESOLUTION APPROVING AND ACCEPTING A TAMARAC UTILITIES WEST RAW WATER LINE AND WELL EASEMENT OFFERED BY MIDWAY INVEST- MENTS, INC., FOR MIDWAY PLAZA WELLS PROJECT 86-4; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Tamarac Utilities West raw water line and well easement offered by Midway Investments, Inc., for the Midway Plaza Wells project 86--4, is hereby approved and accepted, a copy of said easement being attached hereto as "Exhibit 1". 2B.9TION 2: That the appropriate City officials are authorized to execute said easement on behalf of the City. SECTIONA: 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 day of 1986. BERNAR5 HART T MAYOR ATTEST:, MA ILYN BERTHOLF CITY CLERK MAYOR: HART I HEREBY CERTIFY that I have DIST. 1: C/W MASSARO approved the form and correctness of this RESOLUTION. DIST. 2: V/M STELZER _.. DIST. 3: C/M GOTTESMAN ` DIST. 4: C/M STEIN A. YAN L ATE CI Y ATTO Y TAMARAC UTILITIES WEST RAW WATER LINE AND WELL EASEMENT HIS WATER W WINE AND WELL EASEMENT made this day of �} � , 198 b , by MIDWAY INVESTMENTS, LTD., a Florida li6i-tFed partnership, 5100 North Federal Highway, Suite 412, Fort Lauderdale, Florida 33308 ("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 in- clude 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, Florida, 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, more particularly described in Exhibit "B" attached hereto (hereinafter referred to as "Easement Area"); NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration paid by each of the parties hereto to the other party, receipt of which is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as follows: I. Grantor hereby grants and conveys to Grantee, its suc- cessors and assigns, a non-exclusive easement ("Easement") over and upon the Easement Area for the installation and maintenance of raw water lines, wells and associated appurtenances. The Easement created by this instrument is limited to the Easement Area. 2. Grantor reserves all rights not herein granted pursuant to the Easement, including, but not limited to, the right of free ingress and egress over and upon the Easement Area and to grant further easements under, over and on the Easement Area; 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. Grantee, by its acceptance and use of the Easement, agrees to promptly repair, at its expense, any damage caused by the exercise of its rights under this Easement. Further, Grantee agrees to indemnify and hold Grantor harmless from any loss or claim arising from Grantee's use of the Easement. 3. The provisions of the 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 and the Easement Area. 4. This Easement shall not be released or altered without consent of the Grantee. i 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 prese e o (GRANTOR) MIDWAY INVESTMENTS, LTD., a Florida limited partnership By: Allarl J. Goldberg, General/Partner y (GRANTEE) CITY OF TAMARAC P. Kelly, fdifty Manager (( /N I Marilyn Bgtholf, City Tierk I HEREBY CERTIFY that I have approved the form and correct- ness of this Raw Water Line and Well Easement. A. Bryan p a , City Att�o ney STATE OF FLORIDA ) ) ss. COUNTY OF BROWARD) I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Alan J. Goldberg, as general partner of Midway Investments, Ltd., a Florida limited partnership, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same on behalf of the limited partnership. WITNESS my hand and offici s a 'n the County and State last aforesaid this /(� day of 1 8�e . of r ublic, State of 1 orirla at La ge My commission expires: "r)iary Public, State of Florida at Large NOTARY SEAL) Gomrnission Expires Jan. 15,1988 '140F0 THRU HUCKLEBERRY SIBLEY S HARVEY INSURANCE 6 BONDS. INC STATE OF FLORIDA ) ) ss. COUNTY OF BROWARD) I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Bernard Hart, as Mayor of the City of Tamarac, Florida, to me known to be the person described in and who executed the foregoing instrument and he ac- knowledged before me that he executed the same on behalf of the City of Tamarac, Florida. WITNESS my hand amend official seal in the Count and State last aforesaid this 1 day of A,198 . NNNNLL(o�••��t"arryy Public, State of Florida at Large My commission expires: (NOTARY SEAL) NOTARY PUNLIC STATE OF FLORIOA 1 9 8 4 5 0 0 1 7 e aO9 1 5: 2 0 9 NY CORNISsION EXP SEPT 17,I910 9/ 1 6/8 S NONOEO THRU GENERAL INS. N4Q. 11 • -2- L J • Exhibit "A" All of Midway Plaza according to the Plat thereof recorded in Plat Book 126, Page 14 of the Public Records of Broward County, Florida. r. w1 •a Fyn • �1 DID _.-ni_i G oin mO2 c1/4 84VD LOCATION MAP - 198450017EA0915:209 9/15/86 few DESCRIPTION: (RAW WATER LINE & WELL EASEMENT) A PORTION OF MIDWAY PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 126, PAGE 14 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,, BEING A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE. OF AS MEASURED AT RIGHT ANGLES TO, THE FOLLOWING DESCRIBED CENTERLINES: COMMENCING AT THE NORTHWEST CORNER OF THE "TAMARAC POST OFFICE" PLAT, AS RECORDED IN PLAT BOOK 91, PAGE 5 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTH 0*00g56" WEST, ALONG THE EAST RIGHT-OF-WAY LINE OF N.W. 79 th AVENUE, A DISTANCE OF 475.07 FEET TO THE POINT OF fEGINNING OF THIS DESCRIPTION; THENCE SOUTH 89000'02" EAST, A DISTANCE OF 772.33 FEET TO A POINT, SAID POINT HEREINAFTER TO BE KNOWN AS POINT "A"; THENCE •CONTINUE SOUTH 89000102 EAST, A DISTANCE OF 210.16 FEET; THENCE SOUTH 00°00'56" EAST, A DISTANCE OF 283.15 FEET TO A POINT, SAID POINT HEREINAFTER TO BE KNOWN AS POINT "B"; THENCE CONTINUE SOUTH 00000'56" EAST, A DISTANCE OF 226.40 FEET; THENCE NORTH 89°00'02" WEST, A 'DISTANCE OF 49.66 FEET TO A POINT, SAID POINT HEREINAFTER TO BE KNOWN AS POINT "C THENCE CONTINUE NORTH 89°00'02" WEST, A DISTANCE OF 254.40 FEET TO A POINT, SAID POINT HEREINAFTER TO BE KNOWN AS POINT "D"; THENCE CONTINUE NORTH 89*00102" WEST, A DISTANCE OF 138.94 FEET; THENCE NORTH 39038119" WEST, A DISTANCE OF 276.29 FEET TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT THE AFORESAID POINT "A"; THENCE NORTH 00°59'58" EAST, A DISTANCE OF 36.91 FEET TO THE POINT OF TERMINUS. BEGINNING AT THE AFORESAID POINT "B"; THENCE NORTH 89°00'00" WEST, A DISTANCE OF 254.54 FEET; THENCE NORTH 37054100" WEST, A DISTANCE OF 48.68 FEET TO THE POINT OF TERMINUS. . - TOGETHER WITH: BEGINNING AT THE AFORESAID POINT "C"; THENCE NORTH 00°59'58" EAST, A DISTANCE OF 58.26 FEET TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT THE AFORESAID POINT "D"; THENCE SOUTH 00°59158" WEST, A DISTANCE OF 172.16 FEET; THENCE SOUTH 42°47'16" WEST, A DISTANCE OF 52.53 FEET TO THE POINT OF TERMINUS. TOGETHER WITH: THE NORTH 320.00 FEET OF THE WEST 10.00 FEET OF SAID MIDWAY PLAZA. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. CERTIFICATE: WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 21HH-6.06(1), MINIMUM TECTINICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF LAND SURVEYORS, IN SEPTEMBER 1991, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. CRAVEN-THOMPSON & ASSOCIATES, INC. THIS),UE,TGH IS NOT VALID UNL 'S IT B N INAL SI AND a WILLIAM A. TRUEMAN REGISTERED LAND SURVEYOR NO. 3358 STATE OF FLORIDA ErLN i B IT r B" SHEET 1 OF 2 SHEETS COGO 4 D-MID-RAWA 83-0366 (REV. 9-12-86) O m it Z aM0 ' K BIZ in � 3 n M m � Z j 17 i'�•� I:I 13t��� a t P Ih H Exhibit B (Page 2 of 2) -Fla •j11� li r _ �.f2s.40 _J�L— =sy.1s $00 o• i`[ V�j 1� :h s0• 0' is at li! r 1 0 rr .+� i .� t • filk71 .r +•• v �.,� V • UNIVERSITY DRIVE tv _j,11A_ r.• •• ryhl _�_JLh.. rrr • `•1 •••rw __J. IL Cum&7r'2 cir}1— 134J0 ���•R.r+�,i-Ina eeAR�. r r: A