HomeMy WebLinkAboutCity of Tamarac Resolution R-88-214Temp. Reso. #4996
1
2
3
4
5
1
B
.9
10
11
12
13
14
15
16
17
5
20
21
22
23
24
25
26
27
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88--gz
A RESOLUTION APPROVING AND ACCEPTING A
CANAL MAINTENANCE 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 Maintenance 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 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 hd day of 1988.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
RICHARD DOO
CITY ATTORNLwf
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
DISTRICT 1: C/M ROHR
DISTRICT 2:,_ V/M_$TEL.ZER
DISTRICT 3: C/M HOFFMAN
DISTRICT 4: C/M UNDER
d
CANAL MAINTENANCE EASEMENT
This Canal Maintenance 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 "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 desires to give and grant the Grantee a non-exclusive easement for canal maintenance
over the West 20 feet of said Property aforedescribed, and the Parties are desirous of
reducing their understandings and agreement to writing.
0 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 West 20 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 canal maintenance, that is, maintenance of the canal and/or lake along
the West boundary line of said Parcel "A" of V.G.C. Park, 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, and the right to
grant further easements in, to, over and under said Easement, without the foregoing
E- xy - Cq /J�
13
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 Canal Maintenance 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 Maintenance
Easement as of the day and year first above written.
Signed, sealed and delivered
_ n the pre ce o
cf:
/tied U
by Ro a
Carol Chisholm
As to Grantor
As to Cjr ntee
I HEREBY CERTIFY that I have approved
the form of this Canal
Maintenance Easement.
City Attorney
FUNDAMENTAL HOPKINS-EASTON NO. 11, LTD.,
a Florida Limited Partnership (SEAL)
By:
F NDAMENTAL HOPKINS-EASTON
N . ll JINC.
Vice President
and
MATH S N ENTER
By: . ti G z
uonam J. Kost
Vice President
ITS GENERAL PARTNERS
("Grantor")
CITY OF TAMARAC
By: !� L4-
AYOR��i�
Attest:
C / City
("Grantee")
CI
-Z-
I HEREBY CERTIFY that I have approved
the form and cm, cc tness of this Canal
Maintenance Easement.
City Attorney
!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)
ARY PUBLIC, State of Florida
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIOA
804DED THHU GENERAL INS. UND. ;
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this Z day of4'e z,
U �'7 ; �r r)c �, , as Mayor of the City of Tamarac, and by
'_ ° q as City Manager of the City of Tamarac, on behalf of said City of
amarac.
• L't r-el—L �'Crr�� >�,�) (SEAL)
NOTARY PUBLIC, State of Florida
My Commissi01kFXX ft*:STATE OF FLORIDA
NY CONNISSION EXP SEPT 17.1990
BONDED THgU GENERAL INS. UND.
-3-
♦ PPMD4
COB! ¢
w.TER --
N
N , L WE oAMCEL A'
4 T fUm--r 64,
, PmoPOSED (9y owwem
LAKP MAINr.
�P�6MENT
4--
C
.0
tl
N
i.:l.
Pump 0-10USE
I ,
W
r
N
0
0
U
Q
J
I- W
1n
W
�a
WIL
Z 0
J 0
0
N
S . a9 S1 ,0,5" W.
COMM CRC IAl-
ZO ' ft /W
Q
S.LINE PwitGEt. A
e6L. V O
C(I -Se-
Se-W* NAB ROAD
so
c Y ws r
iV-,QP,&CLK1
cw►• 7
1 • --i
7NIE(I �YONc
A'
a.c. $1<': ST.
csry� faC+p� tit.VO•
�tMitl'iE
UU MN51CwL.
T04MATME
LOCATIor,J SKETC#4 I
N•r.s
SKETCH To ACCC"pAN%e
DESCRIprioo or Paoposeo zo'
LAKE MA(WrAWANCE CASEMENT-.
Nash, Schwartz
and associates, Inc.
'land surveyors
planners
consulting engineers
835 S.E. am ave. (palm aza)
deerfield beach, f orida
(305) 426-1290 33"1
20 FOOT LAKE MAINTENANCE EASEMENT IN
PARCEL A OF "V.G.C. PARK" (PLAT BOOK
109 AT PAGE 7) BROWARD_COUNTY, FLORIDA
LEGAL DESCRIPTION:
THE WEST 20.00 FEET OF PARCEL A OF "V.G.C.
PARK" ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 109 AT PAGE 7 OF THE
PUBLIC RECORDS OF B ROWARD COUNTY, FLORIDA.
PAGE 2 OF 2
0,1