HomeMy WebLinkAboutCity of Tamarac Resolution R-88-213Temp. Reso. # 4995
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88-aZ: - ,
A RESOLUTION APPROVING AND ACCEPTING A
CANAL RIGHT-OF-WAY, CANAL MAINTENANCE AND
DRAINAGE EASEMENT OFFERED BY FUNDAMENTAL
HOPKINS - EASTON NO. 11, LTD., FOR THE
VISUAL GRAPHICS PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the Canal Right--of-Way, Canal
Maintenance and Drainage easement offered by Fundamental
Hopkins -Easton No. 11, Ltd., for the Visual Graphics project
is HEREBY APPROVED AND ACCEPTED, a copy of said easement
being attached hereto as "Exhibit 111.
SECTION 2: That the appropriate City officials are
hereby authorized
City.
to execute said easement on behalf of the
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/0 day of 1988.
ATTEST:
a4e(� a�
_.
CAROL E. BARBUTO�
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
RICHARD DOODY
CITY ATTORNEY
NORMAN A AAMOWITZ�4�r
MAYOR
RECORD OF COUNCIL. VOTE
MAYOR ___. ABRAMOWITZ G
DISTRICT 1: C/M ROHR
DISTRICT 2: V/M STELZER
DISTRICT 3: _ C/M HOFFMAN
DISTRICT 4: C/M BENDER
CANAL RIGHT-OF-WAY, CANAL MAINTENANCE,
. AND DRAINAGE EASEMENT
This Canal Right -Of -Way, Canal Maintenance and Drainage Easement ("Easement")
made this 7th day of March, 1998, by FUNDAMENTAL HOPKINS-EASTON NO. 11, LTD., a
Florida Limited Partnership, the "Grantor", whose address is 300 Greco Avenue, Coral
Gables, Florida 33146, and the CITY OF TAMARAC, a Florida municipal corporation, the ,
1 "Grantee", whose address is 5811 N.W. 88th Avenue, Tamarac, Florida.
(Whenever used herein, the terms "Grantor" and "Grantee" shall include the
respective legal representatives, 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 Tamarac,
Broward County, Florida, known as Parcel "A" of V.G.C. PARK, according to the Plat
thereof, recorded in Plat Book 109, at Page 7, in the Public Records of Broward County,
and the South 25 feet of Tract 11 of FORT LAUDERDALE TRUCK FARMS, in Section 8,
Township 49 south, Range 41 East, Broward County, Florida, in accordance with the Plat
thereof, as recorded in Plat Book 4, at Page 31, in the Broward County Public Records,
and desires to give and grant the Grantee a non-exclusive easement for canal right-of-
way, canal maintenance and drainage over portions of said property hereinafter described,
and the Parties are desirous of reducing their understandings and agreement to writing.
NOW, THEREFORE, in consideration of the sum of TEN AND NO/100 ($10.00)
DOLLARS, 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 warrant and agree as follows:
1. Grantor hereby gives and grants to Grantee, its successors and assigns, a non-
exclusive easement (the "Easement") over and upon the following Property owned by
Grantor, to wit:
The South 25 feet of Tract 11 of FORT LAUDERDALE TRUCK
FARMS, in Section 8, Township 49 South, Range 41 East, Broward
County, Florida, in accordance with the Plat thereof, recorded in
Plat Book 4, at Page 31, of the Broward County Public Records,
for the purpose of using the same as a canal right-of-way, for canal maintenance and
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drainage to be used by Grantee, its agents and employees, and over and upon the following
Property owned by Grantor, to wit:
The North 9 feet of Parcel "A" of V.G.C. PARK, according to the
Plat thereof, recorded in Plat Book 109, at Page 7, in the Public
Records of Broward County, Florida,
for the purpose of using the same as for canal maintenance and drainage to be used by
Grantee, its agents and employees.
2. Grantor reserves unto itself all rights of ownership and use in and to the
Easement, including but not limited to, the right of free ingress and egress over, upon and
under said Easement for all lawful purposes related to the Grantor's use, drainage
purposes and the right to grant further easements in, to, over and under said Easement,
without the foregoing impeding the rights herein granted unto the Grantee. And, the
Grantee's use of this Easement shall be made in such manner as will not unreasonably
interfere with or impede the Grantor's use of the same.
3. This Easement shall be binding upon the Parties hereto and their respective
legal representatives, successors and assigns, and shall be and constitute a covenant
running with the land.
4. This Easement may only be released or modified with the express written
consent of the Grantee, and should the Easement no longer be necessary for canal (or
lake) maintenance purposes, in the sole judgment of the Grantee, then the Grantee will
quit claim its rights hereunder unto the Grantor.
IN WITNESS WHEREOF, the Parties have executed this Canal Right -Of -Way, Canal
Maintenance, and Drainage Easement as of the day and year first above written.
Signed, sealed and delivered •
i the presen f: FUNDAMENTAL HOPKINS-EASTON NO. 11, LTD.,
a Florida Limited Partnership (SEAL)
kai:d
by Rol n By: F NDAMENTAL HOPKII�S-EASTON
N . 11, INC. _) /
Carol Chisholm
As to Grantor Donald S. Rosenber ,'
Vice President
and 4 `:
M a1E ENTE PRISE dN ` -` "
By
Donald S. Rosenber
Vice President
r• �
ITS GENERAL PARTNERS
("Grantor")
CITY F TAMARAC
e ,'l.b v�-t3�t�-- '
y• AY
As to Gr ee Attest:
ity Manager
("Grantee")
-2-
11
I*
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this 7th day of March, 1988,
by Donald S. Rosenberg, as Vice President of Fundamental Hopkins -Easton No. 11, Inc., and
as Vice President of Matheson Enterprises, Inc., as the General Partners of Fundamental
Hopkins -Easton No. 11, Ltd., a Florida Limited Partnership, on behalf of said Limited
Partnership.
(SEAL)
NOTARY PUBLIC, State of -Florida
My Commission Expires:
NUBLIC STATE OF FLORIDA
yT OoxpssION EXP. AUG 13,1989
BONDED JHRU
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
The,, o�regoing insrs�ent was acknowledged before me this 1- day o ,
98$0 b GA1 L4"-7i � tz,cz , as Mayor of the City of Tamarac,�a �by
-e 6! as City Ma ager of the City of Tamarac, on behalf of said City of
amarac.
(SEAL)
NOTARY PUBLIC, State of Florida
My Commission Expires:
NOTARY PY8LIC STATE OF FLORIDA
NY COMMISSION EXP SEPT 17,1990
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25 FOOT CANAL RIGHT-OF-WAY NORTHERLY
OF PARCEL A OF V.G.C. PARK (PLAT BOOK
109 AT PAGE 7) BROWARD COUNTY, FLORIDA
LEGAL DESCRIPTION:
THE SOUTH 25.00 FEET OF TRACT 11 OF "FORT
LAUDERDALE TRUCK FARMS" ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 4 .
AT PAGE 31 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA.
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