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HomeMy WebLinkAboutCity of Tamarac Resolution R-81-120Introduced by Temp. # 1941 4 5 6 7 8 9 10 11 12 14 15 16 17 £3 19 20 21 22 23 24 25 26 27 ' 30 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. Z—/oc�o A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN EASEMENT AND OPTION AGREEMENT OFFERED BY RISSMONT, INCORPORATED FOR WOODMONT TRACTS 74 and 75 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: Section 1: That the Easement and option Agreement with RISSMONT, INCORPORATED FOR WOODMONT TRACTS 74 and 75 for the City to remove or demolish the temporary structure used for a sales and administration office after expiration of the use permit is hereby approved. Section 2. That the Mayor is hereby authorized to execute said agreement on behalf of the City. PASSED, ADOPTED AND APPROVED this / day of ��� , 1981 ✓ic�f ay r ATTEST: Ass't City Clerk I HEREBY CERTIFY THAT I have approved the form and correctness of this Resolution MAYOR: Arthur Birken, ity Attorney DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE EASEMENT AND OPTION A,3REEMENr 4r�o W�S&.?I , THIS EASEMENT AGREEMENT made and entered into this day of , 1980, by and between RISSMONf, INC., a Florida corporation, and CITY NATIONAL BANK OF MIAMI, as Trustee under unrecorded Trust Agreament-No. 5003183, hereinafter collec- tively referred to as "Grantor"; and CITY OF TAMARAC, a Municipal corporation of the State of Florida, hereinafter referred to as "Grantee". W I T N E S S E T H: WHEREAS, Grantor is the owner of that certain property legally described on Exhibit "A" attached hereto (hereinafter re- ferred to as "Property") and 411EREAS, Grantor plans to construct thereon a sales and administrative trailer; and WHEREAS, in connection with said development, Grantor has requested that Grantee issue a license (the "Permit") to Grantor permitting Grantor to place on the Property, a 60 foot X 12 foot conventional office trailer, hereinafter referred to as the Temporary Structure to be utilized as a sales and administration office; and wEEREAS, Grantee has heretofore agreed to issue said Permit if rr=ator shall grant to the Grantee the following: (1) an irrevocable easement to go onto the Property at any time after thirty (30) days of expiration of the Permit and any renewal thereof in order to remove or demolish the.Temporary Structure, unless previously removed by Grantor; (2) an option to purchase said Temporary Structure for any purpose whatever for the sum of Ten ($10.00) Dallars in the event the Temporary Structure is not ramoved from the Property by Grantor within thirty (30) days of expiration of the Permit and any renewal thereof; (3) a casn bond in the amount of Two Thousand ($2,000.00) Dollars to cover the cost of removal or demolition of the Temporary Structure, receipt of which said Two Thousand ($2,000.00) Dollars casn bond is nereby acknowledged by Grantee. J•: _�,„` • ► •_ .r��nn 1 •w tali l �ti. . ... i .� � waMl nra�H /16 np• )]1�• r I NOW, THEREFORE,.in consideration of the foregoing and the sum of Ten ($10.00) Dollars each to the other in hand paid, re- ceipt and sufficiency whereof is hereby acknowledged, the parties hereto covenant and agree as follows: SF('TT(')N T 1. Grantor by these presents does hereby give and grant to Grantee, an easement over and upon the Property legally des- cribed on Exhibit "A" attached hereto, to take effect thirty (30) days from the expiration, termination or revoation of the Permit for the use of a temporary sales and administration office issued by Grantee to Grantor, for the purpose of removing or demolishing the Temporary Structure if it has not already been removed or demolished by Grantor. The easement terminates automatically upon removal or demolition of the Temporary Structure. 2. Grantor hereby gives and grants to the Grantee, an irrevocable option to purchase said Temporary Structure for any purpose whatever for the sum of Ten ($10.00) Dollars in the event that said Temporary Structure is not removed from the Property or demolished within thirty (30) days of the expiration, termination or revocation of the Permit and any renewal thereof. The option terminates upon removal or demolition of the Temporary Structure by Grantor. 3. Notwithstanding anything to the contrary set forth in Paragraphs 1 and 2 above, and without in any way limiting the thirty (30) day time periods, Grantor shall be given not less than ten (10) days written notice from Grantee within which zo remove the Temporary Structure prior to Grantor's right to come upon the Property and remove the said Temporary Structure. 4.' Grantor has heretofore posted a Two Tnousand ($2,000.00) Dollar cash bond, receipt of which is hereby acknowl- edged, to cover the cost of removal or demolition of the Temporary Structure by Grantee, if required. Said cash bond shall be re- funded to Grantor upon the expiration, termination or revocation of the Permit provided Grantor nas removed the *temporary Structure within the time provided aforesaid. f". IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands and seals as of the day and year first above written. Signed in the Presence of: (As to Grantor) RISSMONT, INC., a Florida corporat' n President IN Attest: Secretary CITY OF TAMARAC, a Municipal Corporation By: art �ry,�f Gr tee Attest: CITY NATIONAL BANK OF MIAMI, as Trustee By: VICE PRESiDENJ J�NJ liwa� v r �jl Attest: %.� / ME ERESMENT & TRUST OFFICER The trailer selected was manufactured by: (' eT ,� Y=��.C4�Ei�.S and the trailer's serial number is: ___ _ JS� • SECTION II 1. In the event that Grantor leases the temporary structure in lieu of purchasing same, Grantor shall cause the Easement and Option Agreement to be executed by the Lessor -Owner thereof. 2. The trailer is owned by: 1g S,,< Ag slQ•gc.F' /A, % cK..� % .yr•� L °f ,S'ooy 14 . t�l . ? 2 �0 ar 3. The trailer is encumbered by: N/A of 4. In the event that the answer to Number 3 is "None", then the trailer owner will provide an affidavit or other document showing that there are no liens or encumbrances. 5. Owner agrees, consents to and offers to Grantee an irrevocable option to purchase said temporary structure according to the terms of Paragraph 2 of the Easement and Option Agreement above subject to the notice requirement in Paragraph 3 of said Easement and Option Agreement. 6. Owner shall not encumber the trailer during the term of this Easement and Option Agreement. Tra it er i Attest: -9 Trailer Lien Holder (if any) Bv: N/A Attest: F, STATE OF FLORIDA ) )ss.: COUNTY OF BROWARD ) The for;V4VPV*&-4- ing-instrument was ack ovule ged before me this �'fj�{j day of _, 1980, by qiN/ S. %:SIyAi✓ . " �. President, and 'ss AA/ , Secretary, respec- tively, of RISSMO T, INC., a Florida corporation, on behalf of the corporation. -- NOTARY ►USLIC STATE OF FLORIDA AT URGE MY COMMISSION EXP I RFS FES . 14 1981 KXVED THRU GENERAL INS. UNDERWRITERS STATE OF FLORIDA ) ) ss.: COUNTY OF BROWARD ) The foregoing instrument was ac' o,7ledged before me this Day of 19 , by !. , and respectively, of the CITY Or^ TAMARA , a Muni- cipal corporation, on behalf of the corporation. NOTARY PUBLIC, State of Florida My Commission Expires: .'?y rt�t _.-,�L OF FGr,l f; AT L.cry STATE OF FLORIDA ) ''c,r Ss. COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of lVo✓E,nl36 1980, by R-)R._ R 7 r,1. RIDE)LE , and R. L:Lt tcNiyER , respectively, of CITY NATIONAL BANK OF MIAMI, as Trustee, on behalf of the corporation. r NO RY UBLIC,'State of Florida My Commission Expires: p;•?, ;, r , S},,Ao of Florida at Larva STATE OF FLORIDA ) Ply Cui iiTi55i0ri ExpiW_5 WIc_h 11,1984 )ss.: COUNTY OF BROWARD ) 'The foregoing instrument was acknowledged before me this Z ? day of g,�, ., A,�,y 14A / , 148431, by j c1 M^► 7^11 A„ JU and , re pectively, of Kw, SP„ce Ti0"A� on benalf of the corporation. NOTARY P LIC, State of Florida My Commission Expires: 5 S 61 b/ 12 �A drtar/ PuLIIic, Florida. Ststr' at t_a, 80 Ccmmission Cxpiros June 1F. 1984 — Lsnded th►u Jedco Insurance ABencY •. 7N . 1.11, . ., . r, ♦, a r ,,D. r A. ATf 4!,ry, AT I .w. till I jl rO: r -- rl MAu. I;, Nt&CM FIOR11A 9111110 EXllgIBIT "A" SKL'P(1 MzD LEk:RT, DESCRIPTION �� A PORTION OF F7 . LAUDERDALE TRUC �, ^A P"'S Slil.3Dr rl S T0N OF I SECTION 4, TJ/ NSHIP 49 SCUM, RFN(T, 41 EAST AS :ECOPDED f'��T $ IN PLAT BOOK 4, PACE 31 of TIC PUBLIC RFCO^.DS OP BDU'-ATZD h COUNTY, FLORIDA. BEING rlOW— PP_T-PTCULARLY DESCRIBED AS FOLLOWS: (XX'MENICING AT THE SOLFINEAST (SE) CO'PTNER OF SAID SECTION 4; THENCE N. 00012' 16" W. AION;- THE FAST LINE OF SAID SECIrION 4, A DIS^_'ANCE OF 3665.43 FEET; S.89047'44"W. A DISTANCE OF 1020.75 FEETTO THE u�.►.b ¢o. POINT (iJ?' BEGINNING; THENCE- S.0105626"W. A DISTANCE Or 33.85 F'Fm; THENCE S.89047' 43" W. A DISTANCE Oi 54.00 1.l�L LaT I !7 {J I,�ILaPT% THENCE S.38052' 23"W. , A DISTANCE O ' 115.00 PEITI'; THENCE N. 51v07' 37 "W. , A DISTANCE aT 63.01 FIB' TO THE _. _. POINT OF CURVATURE OF A CITY -MAR CiJI T TO THE TIC TIT; THENCE NOT l4 -RLY AND T ESTERLY AU)NG THE ARC OF SAID CURVE HAVING A RADIUS OF 65.00 FEET, A CFNPPAL ANC'LE OF 58058' 53" , AP: ARC DISTANCE OF 66.91 FEET TO THE POTW, OF TANGENCY; THENCE N.07051'16"E. A DISTANCE OF 41.56 FEET TO A POINT LYING ON A CIP,Cl3LAR =7E TO THE. LEFT HAVING AN INITIAL TANGENT BEARING OF S. 82006' 44"E. ; THENCE SCIMHE"IN AND EASTERLY ALC NG THE ARC OF SAID CJPVE HAVING A P,ADIUS OF 1890. 00 FEET, P CF.N IVAL ANGIE OF 05()54'51", AN ARC DISTANCE OF 195.09 FEET TO THE DOINT OF BEGINN"G. SAID LANDS SITUATE, LYING AND BEING IN BF0'-Wr!D COUNTY, FLOT'SDA AND CCP,UAINING 0.357 ACRES, ^ARE OR LESS. I HEPEBY =IFY THAT THIS Sl<ETCH AND LEGAL D03CP TY-U T IS TTtUE AND COP.T2EC'I' TO THE BEST OF My KNUNL ; : BELIEF. D IL L. G'1TZ^]! 3IAN THY=ISTE','ED LAND .S'.T ' MOR f 3002 STATE OF TL0PjDA IAJI.r nG 2>65.00� 5e'r-'ue : 18 _ NOTES: : A) =RODUCTI TONS OF TETTS ST'TC_H F.RF NOT VALID UiMESS SEALED V?ITIi PN EM- BOSSED SU.TZ=OR'S SEAL. B) LANDS SHMN MTTC"1 WERE N(T AB- ST",ACTED MR EASOIRTF'G AND;/nR Piafrc.- OF-V1AY OF RECORD. DANIEL CARNAHAN CONSULTING ENGINEERS, INC. CONSULTING ENGINEERS LAND SURVEYORS LAND DEVELOmmr CONSULTANTS 101 N 7 t./OB No. 19UO'i0S7IDATE: IQ- I-60 (DRAWN: (CHECKED, LLA6 IFS./Pa. 1 ''. INTERNATIONAL February 27, 1981 5000 N.W. 72nd Avenue, Komi, FL 33166 — 305-592-7997 City Of Tamarac Tamarac, Florida Dear Sir: DESIGN SPACE INTERNATIONAL has entered into a lease arrangement with Rissmont, Inc. to provide a temporary sales office for its project in your city. DESIGN SPACE INTERNATIONAL is the sole owner of this equipment; Model S-1260, Serial #39,15; which is free of any liens or attachments. Rissmont, Inc. shall remain responsible for the care and maintainence of the unit while it is in your city and be responsible for notifying Design Space International of any change in our agreement and notifica- tion of removal. Sincerely "r4' E. Drinsn ranch Sales Manager JD/njb 14 w oom CCOAP W