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HomeMy WebLinkAboutCity of Tamarac Resolution R-81-265Introduced by: 1/ Temp. # 2075 Rev. 12/4/81 1 2 3 4 5 6 10 1 14 15 16 17 20 21 22 23 24 25 26 27 28 29 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. ,�— -9 A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM MARTIN ZUCKERMAN, TRUSTEE AND CELIA RESNICK, PERSONAL REPRESENTATIVE OF THE ESTATE OF DANIEL RESNICK, DECEASED TRUSTEE FOR OPERATING, MAINTAINING AND REPAIRING WATER AND SEWER LINES AT NORTHWEST 83rd STREET AS SHOWN ON "TIMBER RUN SERVICE STATION PLAT" LAND SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST FOR FEDERATED DEPARTMENT STORES D/B/A RICHWAY DEPARTMENT STORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA SECTION 1: That the Grant of Easement for operating, maintaining and and repairing water and sewer lines at Northwest 83rd Street as shown on the Timber Run Service Station Plat, Book No. 89, page 29 Land Section 4-49-41 offered by Martin Zuckerman, as Trustee and Celia Resnick, persona-1 representative of the Estate of Daniel Resnick, deceased trustee on behalf of Federated Department Stores d/b/a Richway Depaetment Store is hereby accepted. SECTION 2: The City Clerk is hereby authorized to record this Grant of Easement in the Public Records of Broward County Florida. PASSED, ADOPTED AND APPROVED this day of I , 1981 ATTEST: A S'T City Clerk. I hereby certify that I Have approved the form and correctness of this Resolution. Arthur Birken, City Attorney Mayor Walter W. F lck MAYORS DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE E A S E M E N T MARTIN ZUCKERMAN, AS TRUSTEE and CELIA RESNICK, PERSONAL REPRESENTATIVE OF THE ESTATE OF DANIEL RESNICK, DECEASED TRUSTEE, hereinafter referred to as the "Grantors", in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby grants to the CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter referred to as the "Grantee", an easement over and through the property described in Exhibit "A" attached hereto, hereinafter referred to as the "Property". This grant is made on the following terms: 1. The Grantee's use of the Property shall be for the sole purpose of operating, maintaining and repairing water and sewer lines located on the Property. 2. In operating, maintaining and repairing said water and sewer lines, the Grantee shall not unnecessarily or unreasonably hinder or prevent the Grantors' reasonable use and enjoyment of the Property or adjacent property owned by the Grantors; provided, however, the Grantee shall not be responsible for restoring the Property to that condition which it existed prior to the Grantee performing any maintenance or repair on said water and sewer lines. 3. If the Grantee shall discontinue or abandon the use of the Property for the operation, maintenance -and repair of said water and sewer lines, then the easement granted hereby shall revert to the Grantor. 4. The easement granted hereby shall be deemed to be a covenant running with the land and subject to the terms described herein, shall be binding upon all parties hereto, their heirs, successors and assigns. LAW OFFICES GUSTAFSON, STEPHENS, FERRIS, FORMAN & HALL, P. A. IN WITNESS WHEREOF, the parties have executed this easement on the respective dates indicated. MARTIN ZUC N, as Trustee Dated: 11)81 CELIA RESNICK, PERSONAL REP R NTATIVE of the Estate of Daniel Resnick, Deceased Trustee Dated: /c L1 STATE OF� COUNTY OF BEFORE ME, personally appeared MARTIN ZUCKERMAN, as Trustee known to me to be the person described in and who executed this foregoing document and acknowledged to me that he executed same for the purposes herein expressed. s� Notary Pub], c My Commission Expires: STATE OF FLoR i lZN" ) COUNTY OF a Ro (,(JP L, ) VSEFH F. dELL'OSSO NOTARY\,PUPLIC, State of New York N 5. 24-0911390 Qua!ifled i:i sings County Commission Expires March 30, 1933 BEFORE ME, personally appeared CELIA RESNICK, PERSONAL REPRESENTATIVE of the Estate of Daniel Resnick, Deceased Trustee, known to me to be the person described in and who executed this foregoing document and acknowledged to me that she executed same for the purposes herein expressed. My Commission Expires Notary Publict LEI IP&I PJui.— 51i,ic OF FLORIDA AT LARGE NNIf CQpAMlS q-N AL I yq.W 1140 GENERAL lNS UND"WMIL9 -2- LAW OFFICES _ GusTAFSON, STEPHENs, FEREIs, FORmAN & HALL, P. A. 1 LEGAL DESCRIPTION of N.W. 83RD STREET (See Attached Sketch) N.W. 83rd Street as shown on "TIMBER RUN SERVICE STATION PLAT" as recorded in Plat Book 89 at Page 29 of the Public Records of Broward County, Florida, lying in Section 4. Township 49 South, Range 41 East, and being more particularly described as follows: Commence at the Northeast corner of said Section 4; thence S 00° 12' 16" E along the East line of said Section 4, a distance of 638.37 feet; thence S 89° 47' 44" W, a distance of 100.00 feet to the POINT OF BE- GINNING; said point also being the point of curvature of a circular curve concave to the Southwest and having a radius of 25.00 feet; thence Northwesterly, Westerly and Southwesterly from a Tangent Bearing of N 00' 12' 16" W, a distance of 39.27 feet along the arc of said curve thorugh a central angle of 900 00' 00" to the point of tangency; thence S 89' 47' 44" W, a distance of 193.00 feet to the West line of said plat; thence N 00' 12' 16" W, along the West line of said plat, a distance of 50.00 feet to the North line of said plat; thence N 89' 47' 44" E, along the North line of said plat, a distance of 218.00 feet; thence S 00° 12' 16" E, a distance of 75.00 feet to the POINT OF BEGINNING. Containing 11,034 square feet or 0.253 acres, more or less. -. P.O.C. At. E. Co.-. Sec. 4 -49-4/ P.O.C. At. E. Co.-. Sec. 4 -49-4/ SCALE /~■ 50' L m t6 . 'I a I a � N83*4744"E 2I6.00' t O N. W 83 ro/ S f cVip 5 89'47'44 "W /93.00 ' V W G = 90000 00" R • 25.00 " /00 ' As 39.27' PO. B. I /77S. /V000/L'/G "W SURVEY FOR: IV. W. 83 rd S TREE T - V4C-4 T/ON hereby certify that the III ®'= of ached sketch representsa cent survey made under MID SOUTH ENGINEERING COMPANY (� direction, and Is true and correct to the best of Consulting Engineers, Surveyors, Planners my knowledge and beliefs, and that there are no en- 233 COMMERCIAL BLVD, croachmenid on sold land other than are shown hsnon. LAUDERDALE BY THE SEA, FLORIDA 33306 Flo. Reg. Surveyor No.1975 DATE F.B.NQ DRAWN BY CHECKED BY JOB NO. 8 -!/-B! J. E. G. A. J. F, 0364