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Home My WebLink AboutCity of Tamarac Resolution R-86-368Introduced by: -�/ti. � 1--ft�yr1 Temp. Reso.#4339_ 1 2 3 4 S 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 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86- 36F A RESOLUTION APPROVING AND ACCEPTING A 47-FOOT WATER AND SEWER UTILITY AND DRAINAGE EASEMENT OFFERED BY SUMMIT BANKING CORPORA- TION FOR TAMARAC UTILITIES WEST UNIVERSITY DRIVE AND FORCE MAIN PROJECTS 86-2 AND 86-5; AND PROVIDING AN EFFECTIVEDATE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the 47-foot Water and Sewer Utility and Drainage easement offered by Summit Banking Corporation, for Tamarac Utilities West University Drive and Force Main projects 86-2 and 86-5, 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. SBCTIQN3: That the City Clerk is hereby authorized and directed to record said easement in the public records of Broward County, Florida. SECTIOL 4: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this day of 41986. Al /VaA 4; :� /1 JV/ AdMJ ATT T: MA R BERNARD HARD' CITY CLERK t _ I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. CITY 4TTORNE A. BRYAN PPLE 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 AND DRAINAGE EASEMENT 4��50. 86.3bx This Water and Sewer Utility and Drainage Easement made this 2nd day of October , 1986 , by Summit Banking Corp., 6000 N. University Dr., Tamarac F1. 33321 , 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 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 Oarties 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 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 rein 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. -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. C. Grantee hereby indemnifies and holds harmless grantor for any 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 dilivered in the presence of: k L OAM Signed, seal de1i)Mre4"�I CITY CLERK a;,. e of: I HEREBY CERTIFY that I have approved the form and correct- ness of this Water and Sewer Utility and Drainage Easement CITY 0 EY STATE OF FLORIDA COUNTY OF BROWARD (GRANTOR) OCAM ALA 1,0na L. 8140UK aF �jaJG O, _ - - -- By : : a ice -President (GRANTEE) City •! - - - M rNma I - 2 d ,. CITY OF TAMARAC APP ETING OF D �� City Cierk 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 ackLnowledgmetnts, 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 the County and State last afore- said this `� day of �; r^� ,.� A.D. 198Z,.,. LJ LJ Ll r;�_ — Notary Public. State of Florida at large MM ConllniSsion Expires July 23. 1989 t 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 aforesaid to take acknowledg- ments, personally appeared /Y�Y41RE Ve known to be the person described in ana wno execute strumemnt and acknowledged before me that /0-1 same. the foregoing executed the WITNESS my hand and official seal in the County and State last afo esaid this o?�.nc day of �.�-ct� A.D. 198 . 6/27/86 DRAINAGEEASEMNT 0 XOT1FY F!iNLYC a -3- r I-) <-4d N I � V. 61 ,a >• I w.w. so sr. M1DwAY PLAZA U. 3 P. 0. ■ : V D. ••wl•r.rrw�.-rr�rw�w.�.r t� uo�p KEY PLAN , Summit Banking Corp. 6000 N. University Dr. Tamarac, Fla. 33321 TA/" r ♦'A a' k w4 I r •0 11, M!•/7•r�r � � ti PRM *1 EL.10.58 lwG1 sY S Y J � 1 N •6rU,E _ �i Dk�RI PT'lGN 1 O t w l y{ � I CAA/AI- QR.61T8 P6 864 09 -001 PARCEL 11B" 9109-09-002.3 �t I I I PARCEL "e" 4�' .?� 1'.o•Pa• 9109-09 -002.3 PRM'V6 20.003%. N .I %— 6wozaa.aa 744528.60 MIDWAY PLAZA a TRAC7 9 TRACT 16 FT. LAUDERDALE TRUCK FARMS P. S. 4, PG. 31 .? tcB.d o ti TAMARAC STEAK N ENTERPRISES 0 (97-111 0 P.O.C. S. a. cog. of lea. I. 45- 41_� LEGAL DESCRIPTION OF A 47' UTILITY EASEMENT lying adjacent to and parallel to the West Right -Of -Way line of University Drive] South of Northwest 61st Street, Being a portion of Tract 9 of "Fort Lauderdale Truck Farms" as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, lying within the N.E. 1/4 of the S.E. 1/4 of Section 9, Township 49 South, Range 41 East, more particularly described as follows: Commencing at the Southeast corner of said section, thence North 61" 26'277 West a distance of 1925.18 feet, thence South 89* 35105"._��West a distance of 53.01 feet to the point of beginning of this description; being the 47 feet west of a line,continuing North 01° 26'27" West a distance of 4.81 feet to the point -,-of. terminus. Said lands containing 0.0052 acres. CITY OF TAMARAC 47' UTILITY EASEMENT SKETCH OF DESCRIPTION S.E. 1/4 SEC. 9-49 - 41 DATE fal9 86 DRAWN SCALE: mopes CHK.�- EXHIBIT II T C,T,t ('wj"aI- ��d f'�e�en\VA