Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-86-408Introduced by Z'Lq Temp. Reso. #43$5 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- Z/09 A RESOLUTION APPROVING AND ACCEPTING A FORTY (40) FOOT WATER AND SEWER UTILITY AND DRAINAGE EASEMENT OFFERED BY REGINA DEVELOPMENT CORP., FOR THE UNIVERSITY DRIVE UTILITY RELOCATION - #8.6-2 PROJECT; F BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the forty (40) foot Water and Sewer Utility and Drainage Easement offered by Regina Development Corp., for the University Drive Utility Relocation - #86-2 Project, is HEREBY APPROVED and accepted, a copy of said easement being attached hereto as "Exhibit 1". SECTIQN 2: That the appropriate City officials are hereby authorized to execute said easement on behalf of the City. SECTION 3: 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 zZ day of , 1986. BERNAMD SART HART - ATTEST: /J A �_A CAROL E. BARBUTO ASSISTANT CITY CLERIC I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. A. BRY I T APP AI'YE CITY AT RNEY 198648/pw MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: V/M STELZER DIST. 3: C/M GOTTESMAN ?DIST. 4: C/M STEIN -1- WATER AND SEWER UTILITY AND DRAINAGE EASEMENT This Water and Sewer Utility and Drainage Easement made this -'2, G day.of , 19dL�. , by Regina Developmen-tCor1156 Kane Concourse, 5t Floor, Bay Ha r or, F orida 33154 (Grantor)ancT We 'City -of Tamarac, a Florida 6 unicipal corporation having an address at 5811 Northwest 88th Avenue, amarac, 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 parties hereto to the other party, receipt of which is hereby acknow- �dged 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 herein granted or the exercise of the rights of use thereunder. 3. The provisions of this easement shall be binding on the Orties 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. .9A-1> /J ")h9-0r as IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and del'vered in the presence of: Witness Ida C. Deies 64_r Witness Vicki Ludo Signed, sealed and delivere ' n e of: Witnes VaI WitnessGir Cc-6?K I HEREBY CERTIFY that I have approved the form and correct- ness of this Water and Sewer Utility and Drainage Easement CITY A OR STATE OF FLORIDA COUNTY OF BROWARD (GRANTOR) j2�[i ir✓p ,�E Vc� c. ,a Iv •» f'rn 7' C C�.C-�.� By:-- Enrigue Wolf -4 v (GRANTEE) City ofTamarac By: 1,74 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 acknowledgments, personally appeared�,� to me known to be the person described in and who executed the fore- going instrument and he acknowledged before me that he executed the some. WITNESS by hand and official seal in the County and State last afore- said this / ( day of Ca c7 A.D. 198 6. Tania W. Tisheim 0 0 GNI 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 he County foresaid to take acknowledg- ments, personally appeared to me known to be he person described in and who exec u ed the foregoing instrument and acknowledged before me that executed the Oe. WITNESS my hand and official seal in the County and State last aforesaid this o? G day of A.D. 198 �. 9/04/86 • NOTARY PUBLIC STATE OF FLORIOA NY COMMISSION EXP SEPT 19,1991) BONDED TMRU GENERAL INS. UND, -3- P= S 1tl 0 Q 0 w Z. pat �I �nFT Al .MCNA►B v.9-~7-69- ,9"•at•so9�-aa4 � J AA.�q 30C 1 Ma.BE1,.LE• FIR5T Q s i•4o' BAPTIST 6 ° CAURGEI OF J FOAA PA(IO �40 V � O / • Ica w -o LU 0 `G acp� o o . Q500, ►� o v � o 0 4 O a Ln Fv- . THCPP�� '4 . w. ra 5 -r • PARCEL A 9110-01--013 Qs3122; 099 2141 a a �4 0 h NW G4 s. 'REGINA DEVELOPMENT CORP. 1401 Brickell Avenue Miami, Florida 33131 LEGAL DESCRIPTION of a 40' Utility Easement lying adjacent to and parallel to the East Right -Of -Way line of University Drive in SEC. to,'tbWtA%Ak?49 South, Range 41 East more particularly described as follows: A portion of Tract 4, of FORT LAUDERDALE TRUCK FARMS SUBDIVISION, Section 10, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, being more particularly described as follows: CONIMENCING at the Northwest corner of said Section 10; thence South 00 00,56" East, along the West line of said Section 10, a distance of 913.01 feet; thence South 89' 02,49" East, parallel with the North line of said Section 10, a distance of 60.01 feet to the POINT OF BEGINNING of this description being; the 40.0 feet east of a line South 00 00,56" East a distance of 100 feet to the POINT Of TERMINUS. Said lands containing 0.0918 acre. CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT, UTILITIES WEST DIVISION REGINA DEV.COV PARCEL DR. CHDI - APPD. 40' X!_TILI,TY EASEMENT N1/2 SEC. 10-49-41 SC:ga DATE. 27 e6 EXHIBIT A" LI — N. 5E Po. -44-41 AACN^5 PaA&- PARCEL B 91 10-01-014 f;c.A DoBELLE �97-40E1 Boa _ -i A F►25T Q 6APT1ST C+I0RLFI OF FAO:ApAt. 0 4.W- 64 ST. Z41 yw 655 11 `40 z3: �-REGINA DEVELOPMENT CORP. 12 - - 99 —32 - Miami,, FloridaA33131 LEGAL DESCRIPTION of a 47' Utility Easement lying adjacent to and parallel to the East Right -Of -Way line of University Drive in SEC South, Range 41 East more particularly described as follows: A portion of Tract 4, of FORT LAUDERDALE TRUCK FAR1IS SUBDIVISION, Section 10, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, being more particularly described as follows: COMENCING at the Northwest corner of said Section 10; thence South 00 00,56" East, along; the West line of said Section 10, a distance of 1013.01 feet; thence South 89 02,49" East, parallel with the North line of said Section 10, a distance of 53.01 feet to the POINT OF BEGINNING of this description bein ; the 47.0 feet East of a line South 00 00,56" East a distance of T00 feet to the POINT Of TERMINUS. Said lands containing 0.1079 acre. CITY OF TAMARAC SKETCH OF DESCRIPTION TA,'JARAC ENGINEERING DEPT. UTILITIES WEST DIVISION REGINA DEV•CO.PARCEL"B DR. CHD. 'L APPD. 47' UTILITY EASEMENT N 1/2 SEC. 10-49-41 SC: Nrc, DATE -2 /—q EXHIBIT "A" 74 2 cf Co Ll N Is SFG. `49'41 fiI�GIVT.B R13A�' N a�¢a87-69� .. Fit Ga ,9'-aA•be9�-�o4 rya• A 3 Q �� woo.sEL.�E • - - j E.R6LE•• FIR5T -4o BAPT119T --1-JI10-W OF 0 J u FOAAPA(40 ly o �JOO Lb o 7' G P. ion' o PDT. ° � 00 1 o O .0 u7 a Q. -a - o� UNIVLR,S1iY �• Ts7.A 5 Ppt5 ; N 80-6 1 PARCEL C 9110-01-015 r'La .'L . 4F-V" 21AI • 'hyw 65 5� � rp iv,v f 239 as h ,v w REGINA DEVELOPMENT CORP. 9110 01 015 1401 Brickell Avenue 3122 99 Miami, Florida 33131 LEGAL DESCRIPTION of a 47' Utility Easement lying adjacent to and parallel to the East Right -Of -Way line of University Drive in SEC, !o)-i-DwNGH W 49 South, Range 41 East more particularly described as follows: A portion of Tract 4, of FORT LAUDERDALE TRUCK FAI21MS SUBDIVISION, Section 10, T31r�ofithe4PublicSouth, Records41 East, of Browards recorded in Plat County, Florida, Book 4, Page being more particularly described as follows: CCAMENCING at the Northwest corner of said Section 10; thence South 00 00'56" East, along the West line of said Section 10, a distance of 1113.01 feet; thence South 89 02'49" East, parallel with the North line of said Section 10, a distance of 53.01 feet to the POINT OF BEGINNING of this description being; the 47.0 feet East of a line South 00 00'56" East a distance of 100 feet to the POINT Of TERMINUS. Said lands containing 0.1079 acre. CITY OF TAMARAC UTILITIES WEST DIVISION 47" UTI-LITY EASEMENT SKETCH OF DESCRIPTION REGIN A DEV. CO. PARCEL ~C" t 1/2 SEC.10-49-41 EXHIBIT°A" 5 h 3 n Ca TAMARAC ENGINEERING DR. CHD.F- APPD SC: L1 TS DATE S 127166 DEPT. F'.C: -49-4I MGHAS ROAD. T_- 04-jX*97-619 N p01c, P. w ^4., i4- 00.5ELLE : a '9Il-�oE. FIR5r (Q' 30o e L C.44U Z J of ,., po;ApAha Z4j n- �� � «4P .*'VW 239 so h° N W lse REGINA DEVELOPMENT CORP. 9110 01 016 1401 grickell Avenue PARCEL D 9110-01-016 3122 99 Miami, Florida 33131 w O 4 • 7n SHcPp�-`� 80� V. . G-+ 5-r. LEGAL DESCRIPTION of a 47, Utility Easement lying adjacent to and parallel to the East Right -Of -Way line of University Drive in SEC to,TowuswP 49 South, Range 41 East more particularly described as follows: A portion of Tract 4, of FORT LAUDERDALE TRUCK FAINS SUBDIVISION, Section 10, Township 49 South, Range 41 East, as recorded in Plat Hook 4, Page 31of ePublcRecords ofBroward County, Florida, being more particularly described COMMENCING at the Northwest corner of said Section 10;-thence South 00 00,56" East, along the West line of said Section 10, a distance of 1213.01 feet; thence South 89 02,49" East, parallel with the North line of said Section 10, a distance of 53.01 feet to the POINT OF BEGINNING of this description being; the 47.0 feet East of a line South 00 00,56" East a distance of 100 feet to the POINT Of TERMINUS. Said lands containing 0.1079 acre. CITY OF TAMARAC UTILITIES WEST DIVISION 47' UTILITY EASEMENT SKETCH OF DESCRIPTION REGINA DEV CO.PARCEL:D" N 1/2 SEC. 10-49-41 EXHIBIT"A" Sh 'y of 6 TAIMARAC ENGINEERING DEPT. DR- CHD. P5, APPD. SC: s]j$ DATE 27 6 ;a, N fl sirs p 0' C il 7-- -, �! TV -i -41 MCNA5 SOAR. a.r•¢a57-69-3 N a ,0 p ..� /CiL•�A� Z0 CY 7 O oa No�EI.LE :4! TERQE: F t 25T Ilka� !_7.40 6,apT1S-r 300 G+IU=? j OF J ° RO/APAr.1a 30o V •ti • d o 3oa 0. -a a 500' C 0 po,6' P, p.T PARCEL E 9110-01-026 4 7' E Z a a h 0 a uNIVe CY .7• rm.A SHCIFPE5 80-6 9110 01 026 3122 99 Z41 240 0 0 k( 0 0 ° 'VW (' 2 3.` REGINA DEVELOPMENT CORP. 1401 Brickell Avenue Miami, Florida 33131 LEGAL DESCRIPTION of a 47' Utility Easement lying adjacent to and parallel to the East Right -Of -Way line of University Drive in SDC 10 -1o4,�;SFiiF49 South, Range 41 East more particularly described as follows: A portion of Tract 5, of FORT LAUDERDALE TRUCK FAIWS SUBDIVISION, Section 10, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, ' being more particularly described as follows: CONtIENCING at the Northwest corner of said Section 10; thence South 00 00,56" East, along the West line of said Section 10, a distance of 1313.01 feet; thence South 89 02,49" East, parallel with the North line of said Section 10, a distance of 53.01 feet to the POINT OF BEGINNING of this description being; the 47.0 feet East of a line South 00 00,56" East a distance of 100 feet to the POINT Of TERMINUS. Said lands containing 0.1079 acre. CITY OF TAMARAC �UTILITIES WEST DIVISION . 47' UTILITY EASEMENT SKETCH OF DESCRIPTION REGINA DEV.CO.PARCEL"E" W/2 SEC.10-49-41 EXHIBIT "A S h TAMARAC ENGINEERING DEPT. DR. CHD.P.S, APPD. SC: ,wu DATE 5 2 bb wa N 7:V - 2 w E �rrtxccs ,C REGTNA DEVELOPMENT CORP. PARCEL F 9110-01-021 411i2z1-027- 1401 srickell Avenue Miami, Florida 33131 LEGAL DESCRIPTION of a 47' Utility Easement lying adjacent to and' parallel to the East Right -Of -Way line of University Drive in5ec I()JO&141,:IP49 South, Range 41 East more particularly described as follows: A portion of Tract 5, of FORT LAUDERDALE TRUCK FARMS SUBDIVISION, Section 10, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, being more particularly described as follows: CCVIENCING at the Northwest corner of said Section 10; thence South 00 00'56" East, along the West line of said Section 10, a distance of 1413.01 feet; thence South 89 02'49" East, parallel with the North line of said Section 10, a distance of 53.01 feet to the: POINT OF BEGINNING of this description being; the 47.0 feet East of a line South 00 00'56" East a distance of 100 feet to the POINT Of TERMINUS. Said lands containing 0.1079 acre. CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT, UTILITIES WEST DIVISION REGINA DEV. CO. PARCELF DR. CHD.fLS•APPD. 4T' UTI LI TY EASEMENT /2 SEC. 10-49-41 SC:&U DATE 5 27 86 EXHIBIT"A" .Sh & 0 u r= Annrwnrim THIS ADDENDUM is attached to and made a part of the fore- going Water and Sewer Utility and Drainage Easement between REGINA DEVELOPMENT CORP, and THE CITY OF TAMARAC. Anything to the contrary notwithstanding, the terms and provisions of this Addendum are intended to and shall supercede any provisions to • the contrary contained in the Easement. The parties hereby fur- ther agree as follows: 1. All installation and maintenance work by Grantee over and upon the servient estate shall be performed in as expeditious a manner as possible so as not to unreasonably interfere with the use of the servient estate by Grantor and other parties. 2. After installation of water and sewer utilities and drainage facilities over or upon the servient estate, and again after any supplemental maintenance or repair, Grantee, at Grantee's sole expense, shall restore the servient estate to the condition in which it existed immediately prior to such installation, maintenance or repair. 3. Grantee hereby indemnifies and agrees to defend and hold harmless Grantor from and against all liabilities, damages, claims, costs and expenses whatsoever (including reasonable attorney's fees and court costs) at all trial and appellate levels) arising out of or in connection with Grantee's use of the servient estate. C]