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Home My WebLink AboutCity of Tamarac Resolution R-86-136Introduced by: a GfJ Temp. Reso.#4107 1 1 CITY OF TAMARAC, FLORIDA 2 RESOLUTION NO. R-86- 3 4 A RESOLUTION APPROVING AND ACCEPTING A UTILITY EASEMENT OFFERED BY TAMARAC-- OXFORD 5 LIMITED PARTNERSHIP FOR THE SPRING HOUSE PROJECT; AND PROVIDING AN EFFECTIVE DATE. 7 E IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: 8 SECTION 1: That the utility easement offered by Tamarac- xford Limited Partnership, for the Spring House Project, is 9 10Ittached ereby approved and accepted, a copy of said easement being 11 hereto as Exhibit "I". 12 SECTION 2: That the appropriate City officials are hereby 13 - authorized to execute said easement on behalf of the City. 14 SECTION 3: That the City Clerk is hereby authorized and 15 irected to record said easement in the public records of Broward 16 ounty, Florida. 17 SECTION 4_ This Resolution shall become effective upon 18 doption. 19 ASSED, ADOPTED AND APPROVED this.3 day of , 1986. 20 21 MAYOR 22 TTEST: 23 24 25rPfptrhR0vi+esdRte'solut RECORD OF COUNCIL VOTE 26BY CERTIFY that I have e form and correctnessMAYOR:HART -27ion. DIST. 1: C/W MASSARO 28 DIST. 2: C/M STELZER 29 QDIST. 3: C/M GOTTESMAN ITY TTOR EY 30 DIST. 4: V/M STEIN 31 32 33 34 U IJ I V 1�e — - / -- c� UTILITY BASEMENT This Utility- Easement made this day of - r 1986 by TAMARAC - OXFORD LIMITED PARTNERSHIPF a Mart4and Limited Partnership, ("Grantor") and the City of Tamarac, a Florida municipal corporation having an address at 5811 Northwest 88th Avenue, Tamarac, Florida 33321, ("Grantee"). (Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). W I T N E S S E T H: WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "All attached hereto (hereinafter referred to as "Servient Estate") and WHEREASr Grantor desires to grant unto Grantee a non-exclusive easement to use a portion of the servient estate; NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) 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 grant and agree as follows: 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive easement over and upon the servient estate for the installation and maintenance of public utilities. 2. Grantor reserves all rights not herein granted pursuant to this easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the easement herein granted or the exercise of the rights of use thereunder. 3. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. 4. This easement shall not be released or altered without consent of the Grantee. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and TAMARAC - OXFORD LIMITED delivered in the presence of: PARTNERSHIP, a Maryland Limited Partnership By: OXFORD EQUITIES CORPORATION, an Indiana corporation, General Partner 00 By._� it s s STEPIfEN H. FLANAGAN, witness Signed, sealed and d Ii ed in the sence of: 77 Witness=�&"�-, I HEREBY CERTIFY that I have approved the form and correct- ness _QZ-,this Utility Easement. I WWE STATE OF FLORIDA COUNTY OF BROWARD (GRANTEE) 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 STEPHEN H. FLANAGAN, as Vlf-F- PA?eFS;1Z>AcW7- of OXFORD EQUITIES CORPORATION, a Indiana corporation, General Partner of TAMARAC - OXFORD LIMITED PARTNERSHIP, a Maryland limited partnership, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand apd official seal in the County and State last aforesaid the ./62:day of 191IR11- , 1986. NOTARY PUSLIC, STATE OF FLORIDA My commission expires: kAOTAAY PUBLIC STATE OF FLORIDA 1AY COMMISSION EXP NOV 9 1987 10TVIA ;kIRY GIN INSURANCE UND 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 t e acknowledgments, personally appeared to me known to be the person described in and who executed the foregoing 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 day of awAZ,;�l 1986. a'/ NOTARY PUBLICIF STATI, ORIDA my commission expires: UTANY PUILIC $TATt OF FLORIOA NY CON"Ission Exp. APR q1,1988 1040 TKAU UKRAL INS: 9,1M. -2- /�,- 9&-/ 3 4? * DESCRIPTION : 4 portl&j 0� o rract 1.3 Secti,017 /,?, 7owfl5hip 4-9 soulb, Ral7qe 41 &15�, agordl;7q to 1h thetwl,- d &-t IaLlderdale rritch, Farms gabdivision, as recorded in' Plat AW 4� Pd?c Ald Meelablic 94=6 o�§,rowwrd Counl�, florida ', Belnq more, particularly described as 1.011OWS Vonq . h�e COMM61VCIA16 Rf the Soillh wW corher d �aid 5echolf IZ; ibence 5 6.9 5oath &7e a,� ald gectlon 1Z 8 M�17ce a 53.01 feet; thence IV.00013`45"W B dISMnce OF 48-9. 16 /ie� to the P01AIr OFBE&AIAIIA16; thence confinue At 00'p 13",05"W310n,q the Easferl�, eet. 171�Ot- W- WWY &76 o�l gochl Island RoBd (53. 00 �oof 11,g Rl�ht- 0�- Alay) a all�tjnce a gZ51 8 th�nce 569010'4fg" 6'8dl-�fdi7ce of a00 00 feet; �helke 569*1345",5 8 di$��nce 01.5-3e- 71 feet; to a odInt ona curve, Qjidp0;17t hear6 N &e4q,5o - w from The radias point, Old curve also bel*n the ivnsteq 11;7e o� -Mq1171,?nd5 o� Tdmanfc Zahle6 Seventh Section " as rexordedh7 P1Z?t,5XX 6Y, c,�qe 4 01-dS ol Florldh?; MOW Saulherly,?Ionf, 1he are o� Vid , o� the PublIt Re ,Curve h, * g r8&4jL1g O� ao. 00 feet.,,a CmIral anf /d d -,W'4f 7 �5'0 -,, for an gre YWe,?ce o� 1,?3. 14 leet; . WIN 00 ' theme 6W*13'45,'5 g dllMmce d 8o4.47 feet tb a polnt p7q on Ift Alorlherly 11ne o� a /20 lo& 'O'�' 11he JS weV Commerciol 3oule*rd,*X� Aldgllow-w albnqS8iol Alorlberlil ,q ldll�&nce oF goo, oo feet; thence A100-1.3 -*45,**Wa dl#anre o� 205. oo Met - thence At 69 0/fl, 11117,q on 1he. Easle�l�, &�Ot - ot- 144#1� k?e 6;� 8 /00. 00 /oO t Florida dIV,717ce a 18e:9-9 �eet to a p * t / * Rower e zlp� &fsement as reeorog(M O.R. BOON M, io,*fe 4:5-3 a the &bll? Rec011ds d 15'r,0w19rd Colmly, FMrldw; thence A100'131 `w alon the fjsle�l� Ane y Sold W- M1gy a dl�61317Ce a ZZ4,1-4 leet, 607ce Al 89" 10'4? W 8 dWdncy o� //70,9 iliet lo Me POIAIT OFBE61AIVIAIC7. 581d 12717d,!� svluete, /Y/�� wd hell*7� 1n*6f0w81-d (00171Y I Flofi& ,0171d112;17y 16- 2W kre5, mol-e or 106. NOA'rH PRO-)CC7' S I TIC w k t z kt, 0 U-5 -9- 4 7,q r C'm 0 -1 0 CA 7'/0,,./ 5KI'7CH (AJ07 70 5CALC) EXHIBIT "A" - OXFORD DEVELOPIMENT AGRZEMENT DATED APR:L 9, !986