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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-398Introduced by G/,[, Temp. Reso. #4371 1 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 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86- 3 gg A RESOLUTION APPROVING AND ACCEPTING A BLANKET FLO-THRU 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: SECTI 1: That the Blanket Flo-Thru Easement offered by Tamarac - Seventy Seventh St., Ltd., is HEREBY APPROVED and accepted, a copy of said easement being attached hereto as "Exhibit 1". SECTI N_2: That the appropriate City officials are hereby authorized to execute said easement on behalf of the City. BcT_ION_3: That the City Clerk is hereby authorized and directed to record said easement in the public records of Broward County, Florida. BBgIp 4: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this/.),day of 1986. ernar Hart, M OR ATT . Larry Parretti, ACTING CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this Resolution. A. Brya Appl te, CITY ATTORNEY MAYOR: HART -- DIST. 1: C/W MASSARO DIST. 2: V/M STELZER DIST. 3: C/M GOTTES''AN DIST. 4: C/M STEIN *4 $6/ 3 4 It S *A Florida Limited Partnership, Trison Development Corp., General Partner BLANKET PLO_-THRU EASEMENT • This Blanket Flo-thru Easement made this_22nd day of October — _ 19 8 6 _, by Tamarac -Seventh _Seventh St . , Ltd. * _, at 5400 N.W. _ _nand__BlYd,. She..-35.0�Qk-l.aOoma_Uty-,7- k.-737�.._.__ (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 des- cribed 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 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 blanket easement through the servient estate, except any portion of said servient estate that may be covered by buildings or append- ages thereto, for flo-thru drainage for the benefit of the improvements located or to be located adjacent to the ser- vient estate. . 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. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and deli, ered Ii�,Jn the presence of: ///j Witness Paula H. Marks Witness Marna Gr wall Signed, sealed and delta eyed xni ham, resence of CITZ MANAGER CITY I HEREBY CERTIFY that I have approved the form and correct- ness of this Flo-thru Easement. (GRANTOR) Tamarac - Seventy Seventh St., Ltd., Trison Devglgpmept Corp., General Partner 11��h11r1; (GRANTEE) City o Tamarac By: MAYOR CITY ATT RNEY_.. �,� - 2 11 • 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 acknowledgments, personally appeared Mi nhapj Biddinggr �- , LJ C� 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 las aforesaid this y day of Lr A.D. 198 . NOTARY PUBLIC 5TATE OF FLORIDA I'Y COINIISSION EXP. APR 28.1288 BONDED 1HAU GENERAL LIES. OW 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 to acknowledg ents, personally appeared to me known to be the pers r3, described in and who executed the foregoing instrument and -fie_ acknowledged before me that ,,,oe� executed the same. WITNESS my hand and official seal,in the County and State last aforesaid this /a 4`� day of A.D. -198 /G. 8/13/86 BLANKFLOTHRUEAS - 3 - NOTARY PUBLIC STATE OF FLORIDA RY CONNISSION EXP SEPT 17.1110 BONDED THOU GENERAL IRS. UND. i 0 LEvA DESCRIPTION A portion of Tracts 17 and 18 of FLORIDA FRUIT LANDS COMPANY SUBDMSION N0. 2. of Section 5, Township 49 South, Range 41 East, as recorded in Plot Book 1, Page 102 of the Public Records of palm Beach County, Florida being more particularly described as follows: COMMENCING at the Southwest corner of said Section 5; thence North thence Northh06* West alongg the West line of said Section 5, o distance of 3369.86 feet; thence N 89. 53' 16' East, a distance of 2097.53 feet to the POINT OF BEGINNING of this Description; thence South 69' 42' .19" Eaat, a distance of 435.41 feet; thence South 03. 32' 021 West, a distance of 510.12 feet• thence South 4T 19' 55" West. a distance of 392,60 feet to the Point of Curvature of a circular curve to the right; thence Southerly and Westerly, along the arc of sold curve, having a rathence dius* o 359.26 feet, an arc distance of 266.83 feet to the Point of Ton4envy; South $90 53' 16' West, a distance of 419.89 feet to on intersection with the arc of a circular curve to the rigyht, whose radius point bears South 89, 00' 00" East, from the last described point; thence Northerly and Easterly alongg the arc of said curve, having o radius of 730.00 feet, an arc distance of 590.31 feet 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 alongg the are of said curve, having a radius of 790.00 feet, an arc distance of 372.79 feet to the Point of Tongency, thence North 200 17' 41' East, o 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 Ina Plat B000k alsofor age to maintenance Public Re Records of B owardalso wn as county,, *TRACT Florida, 7' recorded Containing 14.258 Acres, more or less. LOCATION MAN EXHIBIT A