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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-0521 2 3 I 5 6 Temp. Reso. # 6261 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92- A RESOLUTION OF THE CITY OF TAMARAC VACATING THE WATER MAIN EASEMENT (PHASE I) FOR THE MALVERN PROJECT, AS RECORDED IN O.R. BOOK 14706, PAGE 647 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; PETITION NO. 11-Z-92; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of Tamarac, by the adoption of Resolution R-87-231 on June 24, 1987, accepted a water main easement from Hidden Hollow Apartments IT, Ltd.; and WHEREAS, the City Council now wishes to vacate this easement. , NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORTDA; SECTION 1: That the water main easement (Phase I) for the Malvern project, as described in Exhibit "A" and as recorded in O.R. Book 14706, Page 647 of the public records of Broward County, Florida, Petition No. 11-Z-92, is HEREBY VACATED. SECTION 2: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this K day of ,1992. ATTEST: dxl:�z CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have a roved this Resol on as 0 o M. T ELL IS FT CITY ATTO N H . • BENDER MAYOR RECORD OF COUNCIL \97M MAYOR E DISTRICT 1:�M DISTRICT 2::=J DISTRICT 3: M 6cHR6115CR MTRICT 4: M ,46R+M o ujt rZ 87345104 WATER MAIN EASEMENT This Water Main Easement made this 24 day of June, 1987, by HIDDEN HOLLOW APARTMENTS, LTD., a Florida Limited Partnership, (Grantor) having an address at P.O. Box U, 3701 So. Sanford Avenue, Sanford, Florida 32771 and the City of Tamarac, a Florida municipal corporation having an address at 5811 Northwest 88th Avenue, Tamarac, Florida, Is 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 Florida, more particularly described on 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 • 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 as shown on exhibit A. 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 �tC .�3 S . D 's ✓fir. ♦M co MW 04 le 0 0 0 and assigns as a covenant running with and binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. 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 prese to of; Xf. . •-� � c i i! G ER c7txcu F .6.} Aviv c ry cLe'AKG I HEREBY CERTIFY that I have approved the form and correctness of this Water Main Easement. CITY ATTORNEY i9. ,BRYfiNr �tPPc C--�'t rr STATE OF FLORIDA COUNTY OF (GRANTOR) HIDDEN HOLLOW APARTMENTS, LTD., a Florida Limited Partnership By: CARDINAL INDUSTRIES, General ,Partner By: INC. MICHAEL E. GRAY,Vice President (GRANTEE) CITY OF RAC By: 2 R -A-1 A47r=�"T,Na4l �Y , 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 MICHAEL E. GRAY on behalf of CARDINAL INDUSTRIES, INC. as General Partner of HIDDEN HOLLOW APARTMENTS, LTD., 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. WITNESS my hand and of,X� cial seal in the County and. State last aforesaid this / �— day of Ti ., 1987. - c. Notary, —Tub ate of Flors r, at large. My commission expires . =" VJ -� `' ,.�`• ncc 2K STATE OF FLORIDA COUNTY OF BROWARD v C I HEREBY CERTIFY that on this day, before me, an Officer a' duly authorized in the State aforesaid and in the County Cl) oresaid o take acknowledgments, personally appeared C� to me known to be the person a -2- 5 -!rg ft described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS State last 1987. 0 my hand and official seal in t County and aforesaid this c- day of r My commission expires: NtlTAR1 'UEEIC STATE or rEtlRIDA NY CUNNISSIDN EXP SEPT 17,1990 BDNUD THRU GENERAL INS, UND. • Notary Public State ofda.R� p at large. --3- 119 - � c V E I '• , r L• Y EI ------- ------- ------- tM • aa' �� � ... we•f,vr r ,.e n' I � I i � •i i a l 15 I 0: Legibility of writing,rl t M'r.+ Yping nr printing unsatisfactory 1 j .this docurnent when micrutilmed, 1p �1 1 ,YG- I:tt T �_iy�4i ! M�RRSG>; 1..��"•.Y.+:! 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