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HomeMy WebLinkAboutCity of Tamarac Resolution R-79-063Introduced by: z/'7"y ?xlt-='a-' .IL e) TEMP. RESO.#1231 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- "7 A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM ROBERT J. BISHOP, TRUSTEE, FOR AN EXXON SERVICE STATION. WHEREAS, Robert J. Bishop, Trustee, has offered an off -site Grant of Easement to the City of Tamarac and Tamarac Utilities, Inc. for an Exxon Service Station, and WHEREAS, the City Council deems it in the best interest of the City to accept said Grant of Easement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC: SECTION ': That the appropriate City Officials are hereby authorized to execute the Grant of Easement from Robert J. Bishop, Trustee, to the City of Tamarac and Tamarac Utilities, Inc. for utility facilities on lands described as Exhibit "A" within the easement document, which is attached hereto and made a part hereof by reference. SECTION 2: This Resolution shall become eLfective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this day ATTEST: w CA`Y CILERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. Z144A, IV* OQZ� CITY ATTORNEY wXyl RECORD OF COUNCIL VOTE MAYOR W. FAIL V/M H. MASSA R CIM H. WI"P!R C/M I.M. DISRAE Q J M. KM GRANT OF EASEMENT THIS IS A GRANT OF EASEMENT, made this llth day of December, 1976, by and between ROBERT J. BISHOP, TRUSTEE, hereinafter called "GRANTOR", and the CITY OF TAMARAC, and TAMARAC UTILITIES, INC., a Florida corporation, having its principal place of business in the City of Tamarac, Broward County, Florida, hereinafter collectively called "GRANTEE". WITNESSETH: WHEREAS, GRANTOR owns the land, lying and situated in the City of Tamarac, Broward County, Florida, and more particularly described in Exhibit "A", attached hereto and made a part hereof by reference; and WHEREAS, GRANTOR is desirous of granting to GRANTEES, their successors and assigns, an easement or right—of—way on, over, upon, under and across the land described in Exhibit "A", for the purposes expressed below; and WHEREAS, GRANTEES are desirous of having GRANTOR grant such easement or right—of—way and is willing to accept same. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is acknowledged; I GRANTOR grants unto GRANTEE, City of Tamarac, its successors and assigns, an easement on, over, upon, under and across the land described in Exhibit "A" for any utility facilities, to be installed from time to time, for the use and benefit of the public; with the right to reconstruct, improve, add to, change the size of or remove such facilities or any of them; and with the right of ingress and egress on, over and upon the land described in Exhibit "A" and immediately adjoining land of the GRANTOR for the purpose of exercising the easement herein granted; provided, however, that such exercise shall be at the expense of grantee and in accordance with the then —prevailing standards, as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida, and nothing herein shall be construed to allow GRANTEE to —1— simultaneously block all ingress and egress to GRANTOR'S property thereby preventing GRANTOR, OR GRANTOR'S agents, representatives, assigns, or licensees thereof entrance thereto or exit thereof. II GRANTOR grants unto GRANTEE, TAMARAC UTILITIES, INC., its successors and assigns, an easement on, over, upon, under and across the land described in Exhibit "A" for water and sewer facilities, to be installed from time to time, for the use and benefit of the public; with the right to reconstruct, improve, add to, change the size of or remove such facilities or any of them; and with the right of ingress and egress on, over and upon the land described in Exhibit "A" and immediately adjoining land of the GRANTOR for the purpose of exercising the easement granted; provided, however, that such exercise shall be in accordance with the then —prevailing standards as prescribed and delineated by any and and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida; provided that in the event such exercise by the GRANTEE damages any then —existing land surface cover and/or grading, such damages shall be repaired by GRANTEE at GRANTEE'S cost and expense in accordance with the then — prevailing standards, as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, County of Broward and State of Florida, pro— vided, however, that in repairing such damage, the said land shall be restored to a condition of quality at least equal to that of the said land, immediately prior to the infliction of such damage; and further provided, however, that nothing herein contained shall in any way impose any duty or obligation upon GRANTOR, his successors and assigns, to construct, operate and/or maintain any of the above -described facilities; and GRANTOR, however, for himself his successors and assigns, reserves as to both grants of easements the right of ingress and egress over, on, and upon the said land and the right and privilege to use the land described in Exhibit "A" for all purposes, as now and hereafter permitted by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida, and not in conflict with the making of this Grant of Easement. —2— IN WITNESS WHEREOF, GRANTOR has set his hand and seal on the day and year first above written. In the presence of: TAMARAC LITIES, INC. B ( , ATTEST: CITY BY � ATTEST: ,�l STATE OF FLORIDA ) SS. COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ROBERT J. BISHOP, TRUSTEE, to me known to be the person who executed the fore— going instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the State and County last aforesaid, this // u day of , 1978. Icy commission expires: I P2':', of Ficrida at ta, e 9 F+' C^: i::_.ija .x i:cs rr ii 15, i9u] 9c9dld Cy American Fjie b C.,.j:y Company STATE OF FLORIDA ) ) SS. COUNTY OF BROWARD ) Notary Public, State of Florida large I HEREBY CERTIFY that on this day, before me an officer duly authorized in t e State an Co my aforesaid to take acknowledgments, personally appeared and as V4 v 614144and respectively, of TAMARAC UTILITIES, INC., a Florida corporation, to me known to ' be the persons who executed the foregoing instrument, and they acknowledged before me that -they executed the same, on behalf of said corporation. WITNESS my hand and official seal in the State and County last aforesaid, this day of 1978. Iffy commission expires: VC)"'ItY PUBLIC STATE OF E'WRIDA AT IAIta No ary Public, State of Florida .— _ My C()MMISS" LVIRF,S OCT. 24 1982 at large BONDED TMRU GENEtiAL Ila , uNDERWRI TERS STATE OF FLORIDA ) ) SS. COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared i� r4 ` t and as r and respectively, of the CITY OF TAMARAC, to me known to be the persons who executed the foregoing instrument, and they acknowledged before me that they executed the same on behalf of said City. WITNESS my hand and official seal in the State and County last aforesaid, this 30th day of March, 1979. My commission exoires: t, a i, 1961 "`..:+:,, B�nde4 by Mincsy Agency ; —4— btary Public, State of Florida t large t- ., Esc• ��-f�3 O N y y n ion A Mff a0 o r0'Mp rMp 7 V� O G N O M r , M C yA. p p p y p n�F M� m r O p r F 6 O� O w: A A ay am CO OC' • w1 S 1r~I r w S nop r O O PA h O O M A O A` F r M S O°<•� O �• O M D'M �G�C �ry pT M f@f O H Z r� Nr6 O�0•1 f! p 7•f apply � O C> •� Mr Q A ► N ~ �r ra M N� O AAA CCC p �j y N M O N M1. 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