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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-008Temp. Reso. #5283 9 10 11 12 13 14 15 16 17 18 22 23 24 25 26 27 28 29 30 31 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-89- A RESOLUTION APPROVING AND ACCEPTING A TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT OFFERED BY STARR ASSOCIATES FOR THE STARR CENTRE a/k/a RUNDLE OFFICE BUILDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA SECTION 1 That the Tamarac Utilities Water and Sewer Utility easement offered by Starr Associates for the Starr Centre a/k/a Rundle Office Building project is HEREBY APPROVED AND ACCEPTED, a copy of said easement being attached hereto as "Exhibit 1". SECTION 2 : That the appropriate City officials are here- by 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 upon adoption. PASSED, ADOPTED AND APPROVED this day of , 1989. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY THAT I have approved this RESOLUTION as'to form. RICHARD DOODY CITY ATTORNEY f4fRMAN ABRAMOWITZ MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT 1: C/M ROHR DISTRICT 2: V/IVY F)TEI-ZER DISTRICT 3: C/I�" HOFFM�OPeI DISTRICT 4: C/M J -R-FT-? TAMARAC UTILITIES WEST WATER AND SEWER UTILITY EASEMENT FOR: STARR CENTRE A/K/A RUNDLE OFFICE BUILDING r NAME OF PROJECT On this // day of lgg 9, Starr Associates a Florida General Partnership an address of Suite 200, Tamarac, F1. 33321 7101 West McNab Road , (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 "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. REV.8/4/88 - l - IN 11 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. Z 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- 9 M 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. 0 Signed, sealed and delivered in the / rk�esence of: Witness Catherine P. Dubois ne Janet . z .1 in a L1 -3- (GRANTOR) Si1� 2 � Ir�Ssc�.��-fro . G. E= L ors dct (Seal if Corporation) �Jt rye rc. I g r S 1-9 STATE OF FLORIDA 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 acknowledgements, personally appeared ROBERT S. ZIPPIN as General. Partner ,f STARR ASSOCIATES to me known to be the person described in and who executed the fore- going instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 16th day of December , 1988. My Commission Expires: w NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. JAN 15,1989 BORDED THRU GENERAL INS. UND. ATTEST: ATTEST: J BY C rol A. Evans, CITY CLERK -q_ Not ry Public i ACCEPTED BY CITY OF TAMARAC, GRANTEE By No man Abramowitz, MAYOR Date: //i//k9 By _ J I P. Kel y, TY MANAGER Date: Approved as to form: By _ ! Richard L. Doody, CITY ATTORNEY 0 CJ j?~ gq~ C� STATE OF FLORIDA 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 to ac n w genre tspso�nly ap a �i Q J� to me /'�� going same. e known to be the person dP ribed n and who e _uted r_ _ fo fr— instrument and _ acknowledged before me that ex cuted the WITNESS my h d and Florida, this _ day a My Commission Expires: Notary Pybllc, State of Florida at Large My Commission Expires June 15, 1991 Vded thru H4ckleberry & Associates TUW/W&SUT.ESMT. Revised 8/4/88 9 seal at Fort Lauderdale, roward County, of 198q. Notary Public -5- C� E Cl Lots 6 and 7, Block V, McNAB COMMERCIAL SUBDIVISION NO. 1, according to the Plat thereof, as recorded in Plat Book 71, Page 13, of the Public Records of Broward County, Florida. pAc e / o � 2. EXHIBIT "A" R- $q- 3 ,R,p-8 :I A m O Fyny EXHIBIT "A" ----EAsr BOUND- t ?� —WEST 6ouND-- 'may '�wxnnr r mn �wm�c�o m 1 N OM m 11 J ►� -4 © G D z Z b N y -1 2 W .4 ac mama" z go g rn a r►{. bpOR 7,m ZC X0Jx �GT N, ©0 .. n. a tl n n C p n y= M xCRJm�m�nn �C7 ""O*JOy� 7C 14, 0 En ►3 n oazz " 3 '�7 C] n tM 0Hm� y zwoq Q L'4 z Kz u 7.� R BRUCE CARTER ASSOCIATES,INC. LAND SURVEYORS LAND PLANNERS 40(') S.E. 6th AVE, ( SOUTH FIT01-RAI. HIGHWAY) P110Nr.. Ci05) 2 G 5 - 191 IIIIIII\� 1 DELRAY BEACH, FLORIDA 33444 FXfit/13 /-r 13 0 .%4 Z STARR CENTRE DESCRIPTION: UTILITY EASEMENT • A 15 foot utility easement lying in Lot 6, Block "V", 1 McNAB COMMERCIAL SUBDIVISION NO. 1, Flat Book 71, Page 13, Broward County Records, the centerline 1 described as follows: e CJ Commencing at the Southwest corner of said Lot 6; thence on a plat bearing of S. 890-02'-49" E. a distance of 66.00 feet to the Point of Beginning; thence N. 0 57'-11" E. a distance of 37.00 feet to a Point of Terminus. . Said lands situate, lying and being in Broward County, Florida. NOTE: SEE SURVEY l l(I ?ketch is tl o properly of 1313t10E CARTER a ASSOCIATESINC. and shoal not be ra roducod In whole or port without 2ormlaslon of the above In w I iWI)AI !^ nntt/or REVISIONS I)ATI- 13Y CWD NU [t: Thn unrluralgnad and DRUCE CARTER Or ASSOCIATES, INC. make no •-- - - representations or guaruntoos as to Iho Information reflected hereon pertolning to eosements,righis-of-way,sot back lines, reservation, agreements and other similar matters, and further, this instrument is not Intended to reflector sot forth all such matters.•5uch Information should be obtained and confirmed by others through appropiate title search. NOTE Lands shown hereon were not abstracted for right-of-way and/or • --- - -- — oosomonts of record. J(N r; DRAWN BY: CHECKFI) I3Y; P.B, PG, F'II,F NO SKET �{QE (BOUNDARY) FX 141 R/ T 8%% za a• P9pN rr , rfF n •� �I � � 1fJ ' i 1.^L-771, N: /A, a f ) , Z:iTV f F ..y 'Zoe— 155-�• I#1 op h lk v o fn lE OP Sn- .O lF.iv " .•.• 14 e ra to r ti w ----{ O4fr. f I s 3r.7 r • �^-r I� fa/ f 0 f • LJ o iQ* 17 (91--17) Ma NAB PLAZA A I N L n P I Hw ,� �► C ���� s�c� 5'7�122 Ewe 24E- Qf-tt-- O0 r. FAMILY I O N�LJ "C Mch v �ut�. No.1 (71-13 AN TP l5 S l TrE rm,Mullrril 11