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Home My WebLink AboutCity of Tamarac Resolution R-88-131Temp. Reso . * 5037 1 2 3 4 5 6 -� 7 8 9 10 11 12 13 14 15 16 17 18 19 3 21 22 23 24 25 26 27 28 29 30 31 >2 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--88- 1_31 A RESOLUTION APPROVING AND ACCEPTING A 15 FOOT EASEMENT ALONG LOTS 22 AND 23, BLOCK 11, AS RECORDED IN PLAT BOOK 76 AT PAGE 31 OF LYONS COMMERCIAL SUB -DIVISION *3, ALONG UNIVERSITY DRIVE OFFERED BY PHILIP FRYBERGH, PREVIOUS OWNER & TAMARAC FORTUNE LIMITED PARTNERSHIP, PRESENT OWNER FOR UNIVERSITY OFFICE PARK CENTER PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : That the 15 foot easement offered by Philip Frybergh, previous owner & Tamarac Fortune Limited Partnership, present owner for University Office Park Center project; along lots 22 and 23, block 11, as recorded In Plat Book 76 at Page 31 of Lyons Commercial Sub -Division *3 Is HEREBY APPROVED AND ACCEPTED, a copy of said easement Is attached hereto as Exhibit "1". SECTION 2 : That the appropriate City Officials are hereby authorized to execute said easement on behalf of the City of Tamarac. 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 immediately upon Its passage. PASSED, ADOPTED AND APPROVED this day of >ZG 1988. NORMAN ABRAMOWITZ , MAYOR ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD DOODY CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR ADRAMOWIT? DISTRICT 1: �C/N1 ROHR_,._ 1 DISTRICT 2: r V; NI STEI�''R D] STRICT 3: %M, HQFF%1 N --- C.C.1,k-. DISTRICT 4' C/M Ri=C,'r"FR "Doc" "Frybergh.Reso" /rms, 5-13-88 (rev.) L-I J TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT On this 16th day of May, 1988, TAMARAC FORTUNE LIMITED PARTNERSHIP, a Florida limited partnership, by WEISERT FORTUNE CORPORATION, a Florida corporation, its General Partner, having an address of 2415 loth Avenue North, Lake Worth, Florida, 33461, (hereinafter "Grantor"), and UNIVERSITY OFFICE PARK, INC., a Florida corporation, as to any interest it may have, expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address of 5811 Northwest 88th Avenue, Tamarac, Florida, 33321, (hereinafter "Grantee"), subject to the following provisions and in consideration of the sum of Ten Dollars ($10.00) and other good • and valuable consideration paid by Grantee to Grantor, the receipt of which is hereby acknowledged by both parties. Grantor is the fee simple owner of that parcel of real property, a legal, description of which is attached hereto as Exhibit "A", and incorporated by reference herein, (hereinafter "the servient estate"). Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, a perpetual easement under, over and upon a portion of the servient estate, a legal description of which is attached hereto as Exhibit "B" and incorporated by reference herein, (hereinafter "the easement area"). Grantee may use the easement area for the laying, installing, maintaining, operating and altering of water lines and appurtenant facilities, sewer lines and appurtenant facilities as well as for surface water storm drainage, and for other comparable public utility purposes. Grantee's right to utilize the easement area shall be exclusive to the extent that Grantor shall grant no easement or license, nor make any covenants, having the effect of permitting use of the easement area by one other than Grantee, except Grantor may furnish an easement to Florida Power and Light, Southern Bell or American TV that crosses this easement at right angles. Grantor may, for its own purposes, utilize the easement area and shall retain a right of free ingress and egress under, over and upon the easement area; provided that, in no event, shall any of the rights herein reserved to Grantor impede the easement herein granted or the exercise of the rights of use thereunder. Grantor grants to Grantee, a perpetual non-exclusive • easement upon the servient estate whereby Grantee shall have reasonable access necessary to fully exercise Grantee's rights within the easement area. The provisions of the easement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with and binding upon the servient estate. This easement shall not be released or amended without consent of the Grantee as evidenced by a document signed with the same formalities as this document. Grantee shall record this document in the Public Records of Broward County, Florida. 2 • , "Skl131 This instrument contains the entire agreement between the • parties relating to the rights granted and the obligations assumed pursuant to this instrument. Any oral representations or modifications concerning this instrument, shall be of no force and effect, excepting a subsequent modification reduced to writing, signed by the party to be charged therewith. 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: GRANTOR: TAMARAC FORTUNE LIMITED PARTNERSHIP, a Florida limited partnership By: WEISEAT FOR E CORPORATION, a Flo ida r'poration, its General P ner By: Rain e Scherbaum, Pres en-F— v UNI I Y OF ICE PARK, INC., a Florida o;po tion lz�' By: h resident STATE OF FLORIDA ) )SS: COUNTY OF BROWARD ) I HEREBY 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 Rainer Scherbaum, President of Weisert Fortune Corporation, a Florida corporation, General Partner of Tamarac Fortune Limited Partnership, a Florida limited partnership, to me known to be the person described in and who executed the foregoing instrument and 0 3 he acknowledged before me that he executed the same on behalf of said limited partnership. WITNESS my hand and official seal in the County and State last aforesaid this day of May,^1988. j NO ary Public My Commission Expires: Notary Public, State of Florida at Large My Cosnmisvion Expires Juno 22, 1991 STATE OF FLORIDA ) Sorded th►u Alen Insurance Agency )SS: COUNTY OF BROWARD ) I HEREBY 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 Philip Frybergh, President of University Office Park, Inc., a Florida corporation, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same on behalf of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this /1/ day of May, 1988./-�J _�, —(—&('& a""" {Expires: Notary Public My C I F �ui�iIC STATE FFLORIDA NY CONNISSION EXP. FEB 25,19l1 BONDED TNAU GENERAL INS. UNg. Signed, sealed and delivered in the presence of: GRANTEE: CITY F TAMARAC/� By: Att sted: City alte r / DIQMf�N 913Rr4MGW iT�� M F f (G r Attested: City Clerk CAROL_ E~, BAR8U I HEREBY CERTIFY that I have approved the form and correctness of this Easement Document. �L CITY ATTORNEY Ific-04Rp L>0 y 6\scher\eaiatagr.Npd 4 0 'Oar-13 41 TATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledg- ments, personally appeared /Crz i� - C �z 1c Ile ,k ,- �T -4 %fir to me known to be the person described in and who executed the foregoing instrument and,_./c_ acknowledged before me that _-- executed the same. WITNESS my hand and official seal in the County and State last aforesaid this /L day of �-jfr-. Fr.,� A.D. , 19 MY COMMISSION EXPIRES: NOTARY PUBLIC NGTARY PJ'SLIC STATE Of FLORIDA NY COMMISSION FXP SEPT 17,1990 BDNLFr1 TAAU GtWLAAL IRS. UMD. 11 0 -4A- EXHIBIT "A" Lots 22 and 23, in Block 11, LYONS COMMERCIAL SUBDIVISION NO. 3, according to the Plat thereof, as recorded in Plat Book 76, at Page 31, of the Public Records of Broward County, Florida. EXHIBIT "B" The West Fifteen (15) feet of Lots 22 and 23, in Block 11, LYONS COMMERCIAL SUBDIVISION NO. 3, according to the Plat thereof, as recorded in Plat Book 76, at Page 31, of the Public Records of Broward County, Florida. • 0 5 0 ��-- 13 C YL h � t , •. �. wr �-•.ww•.M KEY PLAN to n n JbSa.�o � 144 3 G 7' -.. ,,. ,. aN � , .. ,. /00' 13S•' 3 208.G71 j E SEM lvT rn ,. as "� 1G 17 .20 21 .23 24 ( 25 m ry , ,18 ,19 .22 a 5' 3oF, • eq�~ �. :AS MEN sty' p UT1 fy rY SE NT �" A• 9 55'_ �'?y n•e�a•2o .. G-( � . 1410.71 T I _81 pr— �reN r W LINE SEC. 3. 49. 4 J S • 69' 4 7'4 4 '-" THIS DESCRIPTION `-/ 49- 1 LEGAL DESCRIPTION OF A TUW UTILITY EASEMENT A portion of lands in Section 3, Township 49 South, Range 41 East as recorded by Quit Claim Deed, dated JULY 15,1988. Recorded in OR. Book 12811, Page 33 and more particularly described as follows: The East 25.00ft.of the West 40.00ft of Lots 22 and 23 "Lyons Commercial Sub -Division No. 3" according to the Plat thereof, as recorded in Plat Book 76, Page 31, of the? Public Records of Broward County, Florida, CITY OF TAMARAC SKETCH OF DESCRIPTION TAMARAC ENGINEERING DEPT. UTILITIES WEST DIVISION LOTS 22 a 23 -BLK. I I 'P, k, - CHK. R. F, LYONS COMM. iL% - DI V. 251 T.U.W. UTILITY EASEM'T N 1 /2 SEC. 3 -49-4I SC .V r. s. DATE d 28 gQ EXHIBIT B V � C Q O Ix • art U �� . • :.� � 24, 25 U./,f.�YER�1�y .CKtvE i� 3� Z, h I -rH t s PeiojFcT LOCATION MAP WO SCALE 0