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HomeMy WebLinkAboutCity of Tamarac Resolution R-83-134r E 1 2 3 4 5 8 9 10 11 12 13 22 23 24 25 26 27 28 29 J 1 2 33 34 35 36 Introduced by CITY OF TA.MARAC, FLORIDA RESOLUTION NO. R :- Temp .# A RESOLUTION APPROVING AND ACCEPTING A 5-FOOT UTILITY EASEMENT OFFERED BY F & B INVESTMENTS, INC. FOR THE FIREMAN'S FUND BUILDING; AND PROVIDING AN EFFECTIVE DATE. - - BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: 2716 SECTION 1: That the 5-foot utility easement offered by F & B Investments, Inc. on Lot 11 of Block 11, Lyons Commercial Subdivision #3, as recorded in Plat Book 76, Page 31 of the public records of Broward County for the Fireman's Fund Building is hereby approved and accepted, a copy of said easement being attached hereto as Exhibit "A". SECTION 2: That the appropriate City officials are hereby authorized to execute said easement on behalf of the City of Tamarac. SECTION 3: That the City Clerk is hereby directed to record said easement it the public records of Broward County, Florida. SECTION 4: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this ay of _ 1983. 40e- ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and co rr tness of this Resol tion. I MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT YOR A RECORD OF COUNCIL VOTE • 0 �f ".;tf g3 ► � UTILITY EASEMENT This Utility Easement made this 20 day of May F 1983, ray F & B Investments, Inc., a Florida corporation, having an address at 1881 University Drive, Suite 206, Coral Springs, Florida, (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 "A" attached hereto, (hereinafter referred to as "Servient Estate") and WHEREAS, Grantor desires to grant unto Grantee a non-exclusive easement to use a portion of the servient estate; NC7W, THEREFORE, in consideration of the sun 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. Grantor, however, reserves the right to construct and maintain a dumpster and wall within the subject easement. 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. 0 5. In the evL_nt that the improve,T►ents to the properties are altered to ;accoxnrnodate maintenana: or operations of the utilities, the irnprovetrh2rits, other than existing dumpster wid enclosure, will be restored to ttie condition in which they were found. Also that the existing durnpster shall remain in its present location. IN wI'INESS W1iEREOF, Grantor has hereunto set his hand and seal on the day Y and year first above written. Signed, sealed and GRANTOR: delivered in the presence of: F & B TNVES , C. v Signed, sealed and delivered in the presence of: r;ness Witness I HEREBY CERTIFY that I have approved the form and correctness STATE; OF FLORIDA ) GRANTEE: CITY OF TAMARAC By: COUNTY'OF BRDWARD ) SS: I HEREBY CERI"IFY that on this day, before rne, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Philip FryberghX0 me known to be the person descritxd 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 20 day of May , A.D., 1983. NMARY PUBLIC u_ My Commission Expires: NOTARY STATE OF r- LDRI DA ) COUNTY OF BROWARD ) SS: I RERE BY CERTIFY that on this day, before i , an Officer duly authorized in the State aforesaid and in the,Ciount aforesaid to take acknowledgTk.nts, personally appeared _telzv !�. ' to ne known to be he parson described in and who —executed the fareyoirir� instrument and acknowledged before in-- sane. that executed tide WIINE'SS my hand and official sisal in the County and State last aforesaid this — day of r A.D. , 198A NOTARY PUBLIC My CaTrnission Expires: I NOTARY PUBLIC STATE OF 1001M NY CONNISSION EXP, APR 41,i@8/ NUMDED TNAU MEM IH. 11M1t I 1 I I . EXHIBIT "A" LEGAL DESCRIPTION FOR FRYBERGH OFFICE BUILDING The west 5 feet of the east 20 feet of Lot // - Block 11, Lyons Commercial -Subdivision 3 as recorded in Plat Book 76, Page 31 of Public Records of Broward County. raoo� CP40 LOCATION SKETCH