Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-84-3651 2 3 4 8 9 KC 24 25 26 27 28 29 33 34 35 Introduced by l CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-84 A RESOLUTION APPROVING AND ACCEPTING A BLANKET UTILITY EASEMENT OFFERED BY TURNPIKE CENTER ASSOCIATES, FOR THE ISLAND CLUB APARTMENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: Temp. #3386 SECTION 1: That the blanket utility easement offered by Turnpike Center Associates for the Island Club Apartments Project, is hereby approved and accepted, a copy of said easement being attached hereto as Exhibit A. SECTION 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 eff ctive upon adoption. PASSED, ADOPTED AND APPROVED this day of , 1984. ATTEST: CITY C=1 I HEREBY CERTIFY that I ham approved the form and correctness of this Racnl i rF i nn RECORD OF COUNCIL VOTE MAYOR: KRA.VITZ_ DaSTRICT4: VIM STEIN DISTRICT3: C/M STELZER DISTRICT2: C/M MUNITZ DISTRICTL C/M BERNSTEIN aa�e UTILITY EASEMENT XW4_7,�_� This Utility Easement made this day of + 1984, by Turnpike Center Associates + n a F oa General Partnership.+ nicipal corporation having (Grantor) and the city of Tamarac, a Florida mu 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 appropriate portions of the Servient Estate except any portion of said estate that may be covered by buildings or ap- pendages there to; 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 for the installation and maintenance of public utilities; provided, however, that Grantee shall restore the premises to its con- dition immediately prior to such installation, maintenance or repair to the extent reasonably practicable. 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 -1- running with and binding upon the servient estate. 4. This easement shall not be released or altered with- out consent of the Grantee. Notwithstanding the foregoing, it is agreed that the description of the property described in Exhibit "A" shall be replaced after completion of utility lines with a description based upon an "as -built" survey of the utility Z-- lines by a document executed by the PAp times hereto and there- after the Servient Estate referred to herein shall only refer to said subsequent description and not to the one contained herein. IN WITNESS 1WHEF07, Grantor has hereunto set his band and seal on the day and year first above written. Signed, sealed and (GRAtJTM) delivered in the presence of: TURNPIKE CENTER ASSOCIATES (.��®�_ 11BY: BAYSHORE' ASSOCIATES . A _FLORIDA With GENERAL PARTNERSHIP 7: • ,l �- Eri A. Traub, A General Partner Witness U ,• Signed, sealed and delivered in the presence of: Witness CXTY AGER� Witness ITY CLERK I HEREBY C MIlY that I have approved the forp and correct- ness of this UtAlity Easement. STATE OF FiDRIDA COUNTY OF BMWARD (am) I HEREBY CITIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County oresaig to take acknowledgments, personally appeared to me known to be the person described in and who exec9ted the foregoing instrument and acknowledged before me that executed the same. WITH= my hand and official seal in the Gbunty and State last aforesaid this A 7 :CA day of 7% A.D. 1983. /98 f 1 1 1 "" PMfC STATE CF FtORIDA M1' CMSSI019 EXP JUNE 20,190 INS _ THW W. LW. � W-jV 36 1 STATE OF FLORMA ax NN OF HRDWAID I Haim 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 Eric A. to me known to be the person described in and who executed the foregoing instrument and ,f,1E a imawledged before me that r,'r" executed the same. WITNESS my hand and official seal in the County and State last aforesaid 3' © this , day of . TaB� A.D. -1983- Rev. 2/11/83 - 3 - :Fy, H 1 f3 t -\ /N LOCATION SKETCH DESCRIPTION N A PORTION OF SECTION IS, TOWNSHIP 49 SOUTH, RANGE 41 EAST, OF FORT LAUDERDALE TRUCK FARMS', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARO COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT $ OF 4AID PLAT ; THENCE 5.00'IZ'12"E. ALONG THE EAST LINE OF SAID SECTION IS, A V16TAWCE OF 454.07' ; THENCE N.S9°I5'42" W, A DISTANCE OF 400.01' To THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE N.M015'42"W., A DISTANCE OF 414.06% THENCE N 00'44' 16' E., A DISTANCE OF 112.23' ; THEUCE N. 3e3S'14' W., A DISTANCE OF 110.00'; THENCE N.51'ZG'4G'E., A 015TANCE OF 5.00'; THENCE N.36'33'14'W., A 016TANCE OF 1W.00 FEET ; THENCE 5 51'24'44' W , A DISTANCE OF I7O.00' ; THENCE 5.36'33,14'E., A DISTANCE OF Z70.00' ; THENCE N. 69' 15'42' W , A DISTANCE OF 631.17' ; THENCE N. 96033' 14"W. A DISTANCE OF 141.44' ; THENCE N. Il'59'20' W., A D15TANCE OF 12.%' ; THENCE N le;S' 14' W. , A 016TAMCE OF 2.05'; THE LAST THREE DESCRIBED COURSES BEING FURTHER DESCRIBED AS BEING ON THE EASTERLY RIGHT -OF- WAY LINE OF THAT CERTAIN RIGHT-OF-WAY, AS 4HOWN ON THE D.OT RIGHT-OF-WAY MAP, SECTION 6G5O4-2403, PREPARED BY MID SOUTH ENGINEERING; THENCE N. 51'Z6'44' E. , A 016TANCE OF 164.65' TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 927.25', AN ARC 015- TANCE OF 556.75' TO A POINT ; THENCE N 00 12'12'W., A 014TANCE OF 4,16.45 ; THE LAST 1WREF, DESCRIBED COURSES BEING FURTHER DESCRIBED AS BEING ON THE SOUTHERLY AND EASTERLY BOUNDARY OF THE PLAT OF LEADERSHIP OF TAMARAC PHASE ONE, AS RECORDED IN PLAT BOOK 74, PAGE 35, OF THE PUBLIC RECORD6 OF BROWARD COUNTY, FLORIOA; THENCE S. b9 15'42"E. , A 01-STANCE OF 404AS ; THENCE 5.00 ►2' 12" E. ALONG THE WESTERLY WUNDARY OF "COMMERCIAL PLAZA', AS RECORDED IN PLAT BOOK $2, PAGE 50, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND 'LEMBO, AS RECORDED IN PLAT BOOK 61, PAGE 11, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND -LEMBO ADDITION, AS RECORDED IN PLAT BOOK 9L, PAGE 46, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, A DISTANCE OF 1074.60' TO THE POINT OF BEGINNING ; LE45 AND EXCEPT A WRTION OF SECTION 13, TOWNSHIP 44 SOUTH, RANGE 41 EAST, FORT LAUDERDALE TRUCK FARMS 51.180IV161ON , ACCORDING TO THE PLAT THEREOF, AS RECORDED W PLAT GwK 4, PAGE 31, OF THE PUBLIC RECDR06 OF BROWARD COUNTY, FLORIDA, BEING MORE, PARTICULARLY DESCRIBED AS FOLLOW- 6-COMMENCING Al THE NORTHEAST CORNER OF TRACT 6 OF SAID 6ECTION IS; THENCE 4.00'12'1fE. ALONG THE EAST LINE THEREOF, A DISTANCE OF 454.07'; THENCE N.$40I5 Z'W., A DISTANCE OF 931.47' TO THE POINT OF BEGINNING OF THI4 DE- SCRIPTION; THENCE CONTINUE N69'1542"W., A DISTANCE OF 451.77'; THENCE W.W11514'W.,A DISTANCE OF 141.49'; THENCE N II'S9 20 W., A DISTANCE OF 22.36'; THENCE N W53'14"W., A DISTANCE OF 2.05';5A)V LAST MENTIONED THREE COURSES BEING COINCIDENT WITH THE EASTERLY RIL.,HT-OF-WAY OF COMMERCIAL BOULEVARD PURSUANT TO THAT CERTAIN RIGHT- OF -WAY MAP FOR SECTION 86504- Z604 , A6 SHOWN ON SHEET 4 OF 16 ; THENCE N 5I'24' 46" E., A DISTANCE OF I64.0' TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE , HAVING A RADIUS OF 927. 25', AN ARC 016TANCE OF Z99.50'; THENCE 5. 36'33'14'E., A P16TAUCE OF 515.4f TO THE MJMT OF %61NNING. SAID LANCE CONTAIN 14 76' ACRE-" MORE 09 LESS N n