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HomeMy WebLinkAboutCity of Tamarac Resolution R-83-343Introduced by e Temp. #2972 1 CITY OF TAMARAC, FLORIDA 2 TEMP. NO. R- 8 3 -_� _ 3 A RESOLUTION APPROVING AND ACCEPTING A 20--FOOT CANAL MAINTENANCE EASEMENT OFFERED BY MONTWOOD, INC. FOR 4 WOODMONT TRACT 56 MODEL SALES CENTER; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: 8 SECTION 1: That the 20-foot canal maintenance easement 9 offered by Montwood, Inc. for Woodmont Tract 56 Model Sales 10 Center, is hereby approved and accepted, a copy of said easement 11 being attached hereto as Exhibit A. 12 SECTION 2: That the City Clerk is hereby authorized 13 and directed to record said easement in the public records of 1.4 Broward County, Florida. SECTION 3: This�Resolution shall become effective upon 6 adoption. PASSED, ADOPTED AND APPROVED this day of 1983. i' MAYOR ` �• 21 ATTEST: 22 23 ff� A SISTANT CITY CLERK ,4 _ I HEREBY CERTIFY that I have approved the orm and correctness of this Reso tion. RECORD OF COUNCIL VOTE 1 ATTORNEY MAYOR FALCK: 28 DIST. 1: C/M KRAVITZ: fill 29 DIST. 2: V/M MASURO: 30 DIST. 3: C/M STELZER: 1 oe- ...,... DIST. 4: C/M KRANTZ: , 35 36 P'-rec, R rn f r f,f5.. 93-31- 3 E A S E M E N T THIS CANAL MAINTENANCE EASEMENT made this day of November 1983, by and between MONTWOOD, INC., a Florida corporation, c/o TIBALLI & FAYNE, Post Office Box 5648, 2424 West Oakland Park Boulevard, Fort Lauderdale, FL 33310, (Grantor), and CITY OF TAMARAC, a municipal corporation of the State of Florida, 5811 N.W. 88 Avenue, Tamarac, FL 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.) W I T N E S S E T H: WHEREAS, Grantor is the owner of that certain real property located in Broward County, Florida, 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 AND N0/100 ($10.00) DOLLARS and other good and valuable consideration paid by each of the parties 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 maintenance of the adjacent public canals. 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. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal on the day and year first abgveiwritten. In the presence of: STATE OF FLORIDA ) COUNTY OF BROWARD ) MONTWOJD� N1., a Florida corpor t , By teven W. Epple, ice President I, THE UNDERSIGNED, an officer duly authorized to take and certify acknowledgments of instruments in said State and County, hereby certify that before me came STEVEN W. EPPLE, as Vice President of MONTWOOD, INC., a Florida corporation; that the said person so appearing before me is the individual and the officer aforementioned of said corporation described in and who executed the foregoing instrument; and that then and there said individual as aforesaid officer acknowledged before me that the seal affixed to said instrument is the corporate seal of said corporation; that his name officially is by him subscribed thereto; that said instrument was signed, sealed and delivered by said corporation in the presence of two subscribing witnesses, pursuant to law, and that the same is the free act and deed of said corporation. WITNESS my hand and seal at Fort Lauderd le, County of Broward, State of Florida, this�� day of 1983. My commission expires: NOTARY PUBLIC SATE OF FLCk I G', A' LARnE MY COMM1-.SiolJ t,%"LS ? (?c 5 BONDED THRU GLNEF.AL INS. UNyDPkWF,1'FERS S� Notary Public 11 -2- LAND DESCRIPTION CANAL MAINTENANCE EASEMENT WOODI-IONT - TRACT 56 THE WEST 20.00 FEET (LESS THE SOUTHERLY 100.00 FEET) OF THE FOLLOWING DESCRIBED LANDS: A PORTION OF TRACT 9, OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST, -+' AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PURLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING FIORE PARTICULARLY DESCRIBED AS FOLLOWS: COMPIENC1NG AT THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE NORTH 000 121 16" WEST ALONG THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 3744.10 FEET; THENCE SOUTH 890 471 44" WEST, A DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 890 471 44" WEST, A DISTANCL OF 659.80 FEET; THENCE NORTH 030 561 32" WEST, A DISTANCE OF 600.00 FEET; THENCE NORTH 750 421 35" EAST, A DISTANCE OF 333.96 FEET; THENCE NORTH 890 471 44" EAST, A DISTANCE OF 400.00 FEET; THENCE SOUTH 000 121 16" EAST, PARALLEL WITH AND 60.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID SECTION 40 A DISTANCE OF 655.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FLET, AN ARC DISTANCE OF 39.27 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, FROWARD COUNTY, FLORIDA PREPARED BY: KEITH AND SCHNARS, P.A. ENGINEERS, PLANNERS AND SURVEYORS BY: R.WNG, )R., L FLORIDA REGISTRATION N 854 ��ISS UPDATED: NOVEMBER 30, 1983 SHEET 1 OF 2 T2ACT r- L4111C srmr.c.4 G©LF CCVRSe PLAr 14�4S1E Al 60)047'44"E 4nt�-act' I 1 I li WOOOMOUT I _g I ti I to 9 w Q u� I Lv z p W Q Q %9 � fl 3 N (p p. O Z I IOB•pd� P20POSED IR2E HYOP-AUr E,as�MCut , do f-A5V.2 7, S69p47�44W (oS�.p�p' •� `- 'p P.o.e. 85.00' _ T tA/, 78 H o SKETCH OP DEscjz%q %o&j SHEET 2 OF Z KEITH AND SCHNARS, P.A. ENGIN BEgA- PLAN NERS-SURVEYOgs FT. LAUDEIADALE.FL. DEEAFIELO ■EACMS FL. [205) 783-9E4m 9'053 4El•0■■■ 0 N� Po.c. O S.E.CD2_ Z SECTIOLI 4.1 TWP495,R.41E THIS IS LpT' A 502VEY DATE IFIELO 800'K 11_ 9-83 WA. wEvl�lorrs