HomeMy WebLinkAboutCity of Tamarac Resolution R-86-4072
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Introduced by —Y Temp. Reso. #4384
IV
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86- 7
A RESOLUTION APPROVING AND ACCEPTING A
TWENTY (20) FOOT TAMARAC UTILITIES WEST
WATER AND SEWER UTILITY EASEMENT OFFERED
BY KODE FLORIDA, LTD. I, FOR THE NW FORCE
MAIN - #84-6 PROJECT; AND PROVIDING AN
FF E
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the twenty (20) foot Tamarac Utilities
West -Water and Sewer Utility Easement offered by Rode
Florida, LTD. I, 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.
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
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this.;2-6 day of ,
1986.
CAROL E. BARBUTO
nkSSIETANT ._.C.ITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
fAi6f"
�
X. BRY14T AfttETE
CITY ATTORNEY
198647/pw
MAYOR: HART
DIST. 1: C/W MASSARO
DIST. 2: V/M STELZER �� •,,,�
DIST. 3: C/M GOTTESMAN
DIST. 4: C/M STEIN
-1-
TAMARAC UTILITIES WEST
WATER AND SEWER UTILITY EASEMENT
This T.U.W. Water and Sewer Utility Easement made this ,Z�w day of _
198_.L, by KODE FLORIDA L 710 Lewis Tower Bldg.
225 S. 1.5th St. Philadelnhin_ Pa_ 19102 James Di Petris , (Grantor)
and the City of Tamarac aFlorida municipal corporation having an
address at 5811 Northwest 88th Avenue, Tamarac, Florida, 33321,
(Grantee).
ke
enever used herein, the term "Grantor" and "Grantee" shall include 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
parties hereto to the other party, receipt of which is hereby acknow-
ledged by both parties, the parties hereto do hereby grant and agree as
allows:
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 T.U.W. 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
16
rties 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.
6/1 7/86
UTIL.EASEMENT.1
-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.
6. 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, sealya (GRANTOR)rec.-inesence of
._
V�qss Mar a Aristone
BK-JamesDiPettisGeneral Partner
o e Florida Ltd. T
Witness
Signed, sealed and (GRANTEE)
delive ed �ji nce of:
(_ City of T marac
Cit M nager L.�:..
� , r i
Mayor
City Clerk
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this T.U.W. Water and Ci TY 6F -TA eA C
Sewer Utility Easement.
APPROVED AT MEETING OF
41��
� y City Clerk
C TY A �ORNEY
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an Officer duly author-
ized in the State aforesaid and in he County aforesaid to take
acknowledgments, personally appeared
to me known to be th person described in and who exec ted 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 o7 & day ofA.D. 198 6.
PTARY PUBLIC STATE OF FLOII10k
N" (+71'PISSICN EKP SEPT 17,1990
-2- BOWLO TMRU GENERAL INS, M.
ft
STATE OF
COUNTY OF
BROWAft5— iz '4-
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
to me known to be he person described in and who executed the foregoing
instrument and acknowledged before me that executed the
same.
0 TNESS my hand and official seal in the County and State last aforesaid
this /&—t_i day of 117 ' A.D. 198 (.
i
MICHELE L. 1344NER
Notary Public, Phila., Phila. Co.
My Commission Expires May 21, 1999
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LEGAL DESCRIPTION OF A 20' UTILITIES EASEMENT lying adjacent
to and parallel to the West Right -Of -Way line of N. W. 80th •
Avenue in Section 4, Township 49 South, Range 41 East more
particularly described as follows:
The East 20.0 feet of LOT 7, BLOCK 34 of "McNab Commercial
Subdivision No. 2" as recorded in Plat Book 73, Page 28 of
Broward County, Florida, said land containing 0.135 acres..
CITY OF TAMARAC
UTILITIES WEST DIVISION
20' UTILITIES EASEMENT
SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT.
McNAB COMM. SUED. " 2 DR. Jam- CMD.�. APPD,
S 1/2 SEC.1 -49-41 SC:JLL► DATE ? 6.
EXHISIT A N.W. Fl. AN