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HomeMy WebLinkAboutCity of Tamarac Resolution R-83-133Introduced by Temp. # 2715 1 1 2 3 4 P_J I 8 9 10 31 32 33 14 15 16 7 I I 20 21 22 sr, 27 28 29 #,)I 32 33 I 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R_g3 /133 A RESOLUTION APPROVING AND ACCEPTING A 5-FOOT UTILITY EASEMENT OFFERED BY LAWRENCE J. BUTO AND FRANCES T. BUTO FOR THE PROGRAM UNDERWRITERS PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the 5-foot utility easement offered by Lawrence J. Buto and Frances T. Buto on Lot 10 of Block 11, Lyons Commercial Subdivision #3 as recorded in Plat Book 76, Page 31 of the public records of Broward County, Florida for the Program Underwriters Project is hereby approved and accepted, a copy of said ease- ment 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 in the public records of Broward County, Florida. SECTION 4: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this t,. day of 1983. ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY Oat I have approved the form and cor ctness of this Re so ions CLTY /ATTORNEY MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT MAYM RECORD 'OF COUNCIL VOTE UTILITY EASEMERr This UtilitEaserient made this 1�Z day of 19s3, by LAv�1RII�iCCE J. SU O and FP T. ,having an address a 00 N.W. PI., PpraiL Springs, Fla. (Grantor) and the City of Tamarac, a Florida municipal corporation, h ing an address at 5811 Northwest 88th Avenue, Tamarac, Florida, 33321, (Grantee). (henever 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: VaMRM, Grantor is the owner of that certain real property located in Brcward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient Estate") and VEEFEAS, Grantor desires to grant unto Grantee a non-exclusive easement to use a portion of the servient estate; Ncw, THEREFam, 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 ncr-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 ant shall not be released or altered without consent of the Grantee. 5. In the event that the improvements to the properties are altered to accommodate maintenanoe or operations of the utilities, the improvements, other than existing dumpster and enclosure, will be restored to the condition in which they were found. Also that the existing dumpster shall rennain in its present location. IN WITNESS WMM7, Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and delivered in the presence of: Signed, sealed and delivered in the presence of: WitIness C ee- -y cE4 Withess o9s57- I HEREBY GERTiFY that I have approved the form and correctness C C UNV OF BRCHARD ) SS: By: \t'a \tII" S J\. � 0 I HEREBY C EM7FY that on this day, before me, an Officer duly authorized in the State aforesaid and in the_CQun aforesaid to take acknowledgments, u��^c personally appeared PI `TT �' �X , to me krxown to be the person described in and who execu ing instrument and he acknowledged before me that he executed the sane. WITNESS my hand and ff' seal in - County and State last aforesaid this • - �.�i " r�i My Oommission Expires: Notes MK STAH of RmID ► AT LA1 MY CMtiMiSS1oNE'►"s0"24"1 1 I I a I I I I EXHIBIT "A" LEGAL DESCRIPTION FOR PROGRAM UNDERWRITERS The west S feet of the east 20 feet of Lot /Q - Block 11, Lyons Commercial -Subdivision 3 as recorded in Plat Book 76,-Page 31 of Public Records of Br ward County. w LOCATION SKETCH 0 2 r --LO -T LOT 0 541 4 ut�Lrfy PasCmFh�; 44 Lor /4 ,G, �0 i Nonni NONNI C COURT Y OF BROWARD ) SS: I HEFM CERT= that on this day, before me, an Officer duly authorized in the State aforesaid and in the C=idtv aforesaid to take acknowledgments, personally appeared L(J GlJ. f to me known to be the person described in and whoorexec'utedforegoing instrument and acknowledged before me that executed the same. WI=S my hand and official seal in the County and State last aforesaid this day of , A.D., 1983. A a P A.W.R.10,01i My ConTdssian Expires: blTARY WhI0 $TATE OF FLORIDA AT LARGE MY J;DMH1�510N EX211tiS AB, 21 1934 BONDED THRU C-ENERAL l NS ; UND=RVJi:1 TE%5 LJ