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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-3961 2 3 4 r LI 8 9 10 11 12 13 14 15 16 117 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Introduced by C/,/, Temp. Reso. #4369 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86--3 76 A RESOLUTION APPROVING AND ACCEPTING A BLANKET WATER/SEWER UTILITY EASEMENT OFFERED BY TAMARAC - SEVENTY SEVENTH ST., LTD., FOR THE CINNAMON WHARF PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:. SECTION 1: That the Blanket Water/Sewer Utility Easement offered by Tamarac - Seventy Seventh St., Ltd., 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. SECTIO-N 3: That the City Clerk is hereby authorized and directed to record said easement in the public records of Broward County, Florida. SECjjM 4: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this /aZ day of , 1986. A AT : Larry Perretti, ACTING CITY CLERK I HEREBY CERTIFY that I have approled the form and correctness of this Resolution. Brya t Ap a e CITY ATTORNEY MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: V/M STELZER DIST. 3: C/M GOTTC .,!A, -j ._,.. DIST. 4: C/M STEI?s�' 0 BLANKET WATER & SEWER UTILITY EASEMENT This Blanket Water & Sewer Utility Easement made this 22nd_ day of October , 1986, by jamarsIc - Seventy _Seventh_ 5t_,s Ltd., A Florida Limited Eartnersbip , at 5400 N.W. Grand_Dyd„_Ste. 350,_Oklahoma City, Ok. 73112 (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; r 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 acknowledged 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, except any portion of said servient -1- estate that may be covered by buildings or appendages thereto, for access to, and the installation and maintenance of 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 parties hereto and the respective successors and assigns as a covenant running with the binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. 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 Paula H. Marks Witness Marna Gronwall -2- (GRANTOR) Tamarac - Seventy Seventh St., Ltd., Trison Deve QpmeiRt Cox'p f , ftn ral Partner -r • - -President 41 L� Signcd, sealed and delivered in the presence of:, nKelly CITY -"MANAGER Larry Perretti CITY CLERK Acting I HEREBY CERTIFY that I have approved the form and correct- ness of this Blanket Water & Sewer Utility Easement. BryAnt_,_9p___pl&jate CITY ATTORNEY J STATE OF FLORIDA COUNTY OF BROWARD (GRANTEE) City of arac Vge—rnar7 Hart MAYOR 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 o me known to be the person described in and who exe uted the foregoing instrument and ,� acknowledged before me that -M executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of `I='r i« ,xXc:t.. A.D. 198 6. STATE OF FLORIDA COUNTY OF BROWARD CDTARY PUBLIC STATE OF FLORIDA NY CORMISSTOB EXP SEPT 11,1920 BOLVES TKAU 6ERECAI INS. Me 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 Michddinger 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. WITNESS my hand and official seal in the'County and State last aforesaid 40 his X74k day of � A.D. 198L. q"-per pUStlt Ali of TLDRICA M C MISSION EXP. APR 20,M5 10/22/86 BRS --3- jWto TORO GEMAL 1w5. VWD. fir %%?venmTTmTT wA OV LEGAL DESCRIPTION _ A portion of Tracts 17 and 18 of FLORIDA FRUIT (ANDS COMPANY SUBDIVISION NO. 2, of Section 5, Township 49 South, Range 41 East, as recorded in Plat Book 1, Page 102 of the Public Records of Palm Beach County, Florida being more particularly described as follows: . COMMENCING at the Southwest comer of said Section 5; thence North 00, 06' 44' West along the West line of said Section 5, a distance of 3369.86 feet; thence North 89' 53' 16' East, a distance of 2097.53 feet to the POINT OF BEGINNING of this Description; thence South 6V 42' 19' East, a distance of 435.41 feet; thence South 030 32' 02' West, a distance of 510.12 feet: thence South 4T t9' 55' West, a distance of 392,60 feet to the Point of Curvature of o circular curve to the right. thence Southerly and Westerly, along the arc of said curve, having a radius' of 359.26 feet, an are distance of 266.83 feet to the Point of Tangency; thence South 89' 53' 16' West, a distance of 419.89 feet to an intersection with the arc of a circular curve to the right. whose radius point bears South 89, 00' 00' East, from the last described point; thence Northerly and Easterly along the arc of said curve, having a radius of 730.00 feet, an arc distance of 590.31 feat to the Point of Tangency, thence North 47. 19' 55' East,'a distance of 130.00 feet to the Point of Curvature of a circular curve to the left: thence Easterly and Northerly along the orc of said curve, having a radius of 790.00 feet, on arc distance of 372.79 feet to the Point of Tort eney, thence North 20. 17' 41' East, a distance of 110.00 feet to the POINT OF BEGINNING. Said lands situate ,lying and being in Broward County, Florida. Subject to a 20 foot Utility and Drainage Easement along all boundaries, said Easement also for maintenance on boundaries, also known as "TRACT 37, recorded in Plat Book 125, Page 18, Public Records of Broward County, Florida. Containing 14.258 Acres, more or less. 9 LOCATION MAP N.T.S. EXHIBIT A