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Home My WebLink AboutCity of Tamarac Resolution R-92-096l 9 2 35, Temp. Reso. # 6301' CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92- q CP A RESOLUTION APPROVING AND ACCEPTING A 20-FOOT TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY FUNDAMENTAL HOPKINS EASTON NO. 11, LTD. FOR THE VISUAL GRAPHICS CORPORATION PARK REPLAT-PHASE I; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Tamarac Utilities West Water and Sewer Utility Easement offered by Fundamental Hopkins -Easton No. 11, Ltd., for the Visual Graphics Corporation Park Replat-Phase I, is HEREBY APPROVED AND ACCEPTED, a copy of said easement being attached hereto as "Exhibit 1". SECTION 2: That the appropriate City officials are hereby authorized to execute said easement on behalf of the City. 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 adoption. PASSED, ADOPTED AND APPROVED this day of1992. //Z 13 BENDER MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have !MTTCHELL ved this Resolution. or S. AF CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR DISTRIC DISTRIC DISTRIC DISTRIC TAMARAC UTILITIES WEST WATER AND SEWER IITILITY EASEMENT FOR: VGC PARK REPLAT .. PHASE I REVISED SITE PLAN NAME OF PROJECT On this day of 1992 FUNDAMENTAL HOPKINS - EASTON NO. 11, LTD, having an address of 300 Gv �j C hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 N.W. 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 considerations paid by Grantee to Grantor, 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 "S" 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 Sell or franchised cable 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 ,Z_%2.OF(P// 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. Nothing in this language shall be construed to prevent future development of the Servient Estate so long as a reasonable means of access to the Easement Area is maintained. 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. 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 modifica- tions 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 fist above written. Signed, sealed and delivered in the presence of: Name: Pau 4Name:-W gene Leonard — 2 — GRANTOR: FUNDAMENTAL HOPKINS—EASTON NO. 11, LTD. By: Matheson Enterprise Management, Inc. nley B. Matheson T' e: Presidgn ddress: 8 f S i Gb4s � 9 CORPORATE SEAL le - 90-2--f(0 ff 0 STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) The foregoing instrument was acknowledged before me this 28th day of February r 1992 by Finlay B. Matheson of Matheson Enterprise Management, Inc, ., a corporation, on behalf of th corporation. He she is personally . known tome or has prod N)/ A as identification and did (did not) take and oath. My Commission _Expires:. NOTARY PUBLIC STATE OF FLORIDA MY COVAISSION EXP. NAY 20.1"5 BONDED THRU GENERAL INS. UND..o Signed, sealed and delivered in the presence of: "-I �L Wamd EI e Name: ;11t 1E, 6 STATE OF FLORIDA ) • 1 ) SS: COUNTY OF ) Name: Paula S_ Rubin Notary Public, State of Florida FUNDAMENTAL HOPKINS-EASTON NO. III INC. By: lL-, / `AI Edward W. Easton Title: President Address: EGG G d' CORPORATE The foregoing instrument was acknowledged bpforp pe this 7 clay o �3 �ti , _1992 by Cdc'C , I� of , a corporation, on b if of the corporate n. �;�she is personally known to me or has prod d as identification and did)(did not) take and oath. My Commission Expires: Name: Notary Public, State of Florida - 3 -- +�Q_ Qa ' � / /. a Barnett Bank of South Florida, N.A. hereby subordinates its rights pursuant to that certain mortgage which it holds on the Servient Estate as recorded in O.R. Book 1217,9Page O dig to the rights of the Grantee pursuant to the asement created herein. WITNESSES BARNETT BANK OF SOUTH FLORIDAj, N.A. ,� l By. (/� Name, ellie Lima Name: RIChar GI / Title: ice r si e t ame:Svlvia Manzano STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) The foregoing instrument was acknowledged before me this 25th day of March , 1992 by Richard J. Gill of Barnett Bank of South Florida, N.A. , a Vice President e4arpera-t-ien, on behalf of the corporation. H /she is personally known to me or has produGed as identification and di (did not) take an 7,—) My Commission Expires: • NOTARY PUBLIC, STATE OF FLORIDA, N MY CU.w.l.iSIUN EXilRE.S: DEC. 12, 1993. ■ONDEU THRU NOTARY PUSLIC UNOERW0.ITr.RS. L-1 M,= Public, Sty of F 1W, /Q2r 9/ I, C 0 AT;Jn By P. Kelly, y Manager 0 ATTEST: Carol A. Evans, City Clerk STATE OF FLORIDA SS COUNTY OF CITY OF�TW RAC: BY: •lam. �.G H.VL. Bfnder, Mayor Date: 6�1'1 Zr By: J n P. Kelly ity Manager Date: &-1-� A rove to orm: Y� Mi che11 S. Kr ft, City Attorney 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 to me known to be the person(s) described in and wh6 executed the �r, ra.- foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal this _ L`�, day of t L.v�� 19 V 6, G I NOTARY PUBLIC,- State of Florid at Large NOTARY PUBLIC, STATE OF FLORIDA, MY 6AMMIG2I0N EXPIRES: JUNE 26, 1995. BONDED tHRY NOTARY PUNLIC UNDERWRITER$. ( Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( �< ) DID NOT take an oath. - 4 - lie _ g,,2- 6 4 EXHIBIT $@All The VGC Park Replat according to the plat thereof as recorded in Plat Book 146, Page 15 of the public records of Broward County, Florida. 0 ••sxETcy To .4ccart��,o/ciy cEv.4csc.Qi/�io.v'' RXNTRTT R LEGAL DESCRIPTION --CplwGE / a/r 2 P PARCEL. OF LAND LYING IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, BEING A PORTION OF PARCEL "F" OF "V.G.C. PARK REPLAT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 146 AT PAGE 15 OF THE PUBLIC RECORDS OF BROWARD COUNTYo FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL "F"; THENCE N 89036'02" E ALONG THE SOUTHERLY PLAT LIMITS OF SAID "V.G.C. PARK REPLAT" FOR 654.49 FEET; THENCE N 00023158" W FOR 27.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE S 89036'02" W FOR 200.88 FEET; THENCE N 83033'23" W FOR 100.72 FEET; THENCE N 89036'020 E FOR 300.88 FEET; THENCE S 00023'57" E FOR 12.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3011 SQUARE FEET, MORE OR LESS AND IS SUBJECT TO ZONING, DEDICATIONS, RESTRICTIONS, EASEMENTS, LIMITATIONS AND RESERVATIONS OF RECORD. SURVEYOR'S NOTES: 1. THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" DOES NOT REPRESENT A FIELD BOUNDARY SURVEY. 2. BEARINGS AS SHOWN HEREON REFER TO A BEARING OF S 89036'02" W ALONG THE SOUTHERLY PLAT LINE OF "V.G.C. PARK REPLAT", PLAT BOOK 146, PAGE 150 BROWARD COUNTY RECORDS. 3. NO ABSTRACT OR TITLE REPORT WAS FURNISHED FOR THIS PROPERTY. THEREFORE, THERE MAY BE RESTRICTIONS ON THIS PARCEL THAT ARE NOT SH044N THAT MAY BE FOUND IN THE PUBLIC RECORDS OF BRO14ARD COUNTY, FLORIDA. SURVEYOR'S CERTIFICATE: WE HEREBY CERTIFY: THAT THE ATTACHED "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER OUR DIRECTION AND FURTHER, THAT SAID SKETCH MEETS THE INTENT OF THE "MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA'. PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES AND RULE 21HH--6 OF THE FLORIDA ADMINISTRATIVE CODE. POST, BUCKLEY, SCHUH & JERNIGAN, INC. BY: C-, 111%' �I/K,II fil I CARLOS M. DEL VALLE, PLS PROFESSIONAL LAND SURVEYOR NO. 4408 STATE OF FLORIDA DATE: JANUARY 30,.1992 NOTICEt THIS DRAWING IS NOT VALID UNLESS SIGNED AND EMBOSSED WITH SURVEYOR'S RAISED IMPRESSION SEAL. 11 NO. l DATE REVISIONS Post, Buckley, Schuh & Jernigan, CONSULTING ENGINEERS and PLANNERS ,f,000 VA— .0671/ ST.PEET M/.4M/, Fc S3/G6-G�2P SCALE jp4$ .VI141AiV JOB NO 42 743. o0 F.B. NO. FILE NO. 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