HomeMy WebLinkAboutCity of Tamarac Resolution R-86-428Introduced by: Temp. Reso. #4404
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO, R-86- T� S
A RESOLUTION APPROVING AND ACCEPTING A BLANKET
WATER AND SEWER UTILITY DRAINAGE EASEMENT
OFFERED BY MICHAEL A. SHIFF AND DONALD T.
SUITE, JR., TRUSTEE FOR THE FOUNTAINS CORPOR-
ATE CENTER PROJECT; AND PROVIDING AN
FF
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTIQN: That the Blanket Water and Sewer Utility
and Drainage Easement offered by Michael A. Shiff, and Donald'
T. Sutte, Jr., Trustee for the Fountains Corporate Center pro -
jest is HEREBY APPROVED and accepted, a copy of said easement
being attached hereto as "Exhibit 1".
SECTIQN2: 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 upon
adoption.
PASSED, ADOPTED AND APPROVED this vZ6 day of 41986.
ATTEST:
CAROL E. BARBUTO
CITYY_. CLERK_-__
I HEREBY CERTIFY that I have
approved the form and correct-
n s of this RESOLUTION.
TY TTO
A, BRY N APPLEGAT
MAYOR: HART �. E::: -
DIST. 1: C/W MASSARO
DIST. 2: V/M STELZER
DIST. 3: C/M GOTTESMAN
DIST. 4: C/M STEIN
BLANKET WATER
AND SEWER
UTILITY
AND
DRAINAGE
DRAI
EASEMENT
As �j
nis Water and Sewer Utility and Drainage Easement made 1thi98 s
� by
day of
Mic 1 ff '
(.^,rantor) 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
abe 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
0follows;
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 estate that may be covered by buildings
or appendages thereto, for access to, and the installation and maintenance
of water and sewer utilities and drainage.
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 heroin reserved impede the easement herein granted or the ex-
ercise of the rights of use thereunder.
3. The provisions of this easement shall be binding on the parties
0hereto 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.
-I-
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, sealed and
delivered in the presence of:
Mcha s
Pat Henzler
Signed, sealed and
deliverece of:
CITY "GER
CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this water and Sewer
Utility and Drainage Easement
r
rTY ATTO NEY
STATE OF FLORIDA
COUNTY OF BROWARD
(GRANTOR)
Michael A. f,and Donald T. Sutte Jr. Trustee
By:
By. la� (Ced J
By: James C. Errady, Afto ney-In=Fact
(GRANTEE)
City of Tamarac •
By:/2-k7_-',_' /
MAYOR
I HEREBY CERTIFY that on this day, before me, an Officer duly author-
ized in the State aforesaid and 'n t e C unt of resa t take
acknowledgments, 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 an alpd officV;Z:L42
'he County and State last af9re-
said this day of A.D. 1198�.
_Z- NOTARY PIU!C 57ATE OF FLOR16k
MY Cv) *;55 ON EX? IRE Z MAY 115 1987
�Ulr[:tU jfir; ' ti�EiJEr 9� JRy UpAN UNQ
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 afores id to take ackn wledg-
mer)ts, personally appeared �.,1,.,� f�,,,,_
tcr/me known to beuthe pees n described in and who executed the foregoing
strument and acknowledged before me that executed the
*me.
WITNESS my hand and official s al in the County and State last aforesaid
this �� day of A.D. 1986.
i
NOTARY PODLIC STATE OF FLOMDQ
A1Y COMMISSION XPi US r1i1i 115 1?87
4k0NDED 7hRU GENERAL INSURANCE UND
STATE OF FLORIDA
COUNTY OF BROWARD
Before me personally appeared Bernard Hart, Mayor, to me well known
and known to me to be thEl person described in and who executed the fore-
going instrument, and acknowledged to and before me that he executed said
instrument for the purposes therein expressed.
Witness my hand and official seal, this 26th day of November, 1986.
6/27/86
DRAINAGEEASEMNT My commission expires:
NOTARY PUBLIC— -
State of Florida aLL Large
k" "'y PUet" STATE OF FIORIp
NY CO"Z"I 1Ch EXP 'CPT 17.1990
BONwED 11lRU GENERAL IRS. UkO.
-3-
Exhibit "A"
Legal Description and Location
DESCRIPTION
A PORTION OF TRACT 13. 'FORT LAUDERDALE TRUCK FARMS SUBDIVISION', LYING IN SECTION
It, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA TOGETHER WITH A PORTION OF A 106.00 FOOT RIGHT-OF-WAY
(KNOWN AS N:W. 57TH STREET) AS RECORDED IN O.R. BOOK 39i8, PAGE 856 OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST (S.W.) CORNER OF SAID SECTION It; THENCE
N.00'00'16'W., ALONG THE WEST LINE OF SAID SECTION 11, A DISTANCE OF 53.01 FEET;
THENCE S.89'02'050E.. A DISTANCE OF 666.60 FEET TO THE POINT OF BEGINNING: THENCE
N.00'57'550E.. A DISTANCE OF 300.00 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF A
106.00 FOOT RIGHT -OF -NAY, KNOWN AS N.W. 57TH STREET; THENCE S.89'02'05'E., ALONG SAID
SOUTHERLY RIGHT -OF -MAY, A DISTANCE OF 50.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR
CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID SOUTHERLY RIGHT-OF-
WAY, HAVING A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 46'47'41', A DISTANCE OF 245.02
FEET; THENCE N.47'45'36'E.. ALONG A LINE RADIAL TO THE LAST DESCRIBED CURVE, A DISTANCE OF
106.00 FEET TO THE SOUTHERNMOST SOUTHWEST CORNER OF THE PLAT ENTITLED 'THE FOUNTAINS',
AS RECORDED IN PLAT BOOK 83. PAGE 44 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;
THENCE S.89'02'05'E.. ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 303.97 FEET TO THE
SOUTHEAST (S.E.) CORNER OF SAID PLAT; THENCE S.00'04'590E., ALONG THE EAST LINE OF THE
AFOREMENTIONED TRACT 2. A DISTANCE OF 271.00 FEET; THENCE N.89002'050W., ALONG A LINE
60.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE SOUTH LINE
OF AFORESAID SECTION It. A DISTANCE OF 313.66 FEET TO A POINT LYING ON THE ARC OF A
CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS BEARS N.42'58'49'W.; THENCE SOUTHERLY AND
WESTERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE
OF 43'56'44', A DISTANCE OF 0.18 FEET TO THE POINT OF TANGENCY, SAID POINT ALSO LYING ON
THE NORTH LINE OF A 106.00 FOOT RIGHT -OF -NAY (O.R. BOOK 4509, PAGES 7 AND 8) KNOWN AS
COMMERCIAL BOULEVARD; THENCE N.89'02'050W.,ALONG SAID NORTH LINE, A DISTANCE OF 323.86
FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF
TAMARAC, BROWARD COUNTY, FLORIDA AND CONTAINING 4.037 ACRES. MORE OR LESS.
Locati ra
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SECTION 11-49-41
NO SCALE
The Fountains Corporate Center
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