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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-3281 2 3 4 5 t 8 9 10 11 12 13 14 15 16 17 8 20 21 22 23 24 25 26 27 28 29 3C 3_2 34 3! 3E Introduced by Temp. # 2511 CITTY OF TAMARAC, FLORIDA RESOLUTION NO. R=gQ A RESOLUTION ACCEPTING A 10-FOOT UTILITY EASEMT OFFERED BY BERKOWITZ-KUMIN FLORIDA, INC. FOR SIEGEL FUNERAL HOME PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the 10-foot utility easement offered by Berkowitz- Kumin Florida, Inc., for the Siegel Funeral Home Project is hereby approved and accepted, a copy of said easement is being attached hereto as Exhibit."A". SECTION 2: The City Clerk is hereby authorized and directed to record said utility easement in;the Public Records of Broward County, Florida. SECTION 3: This Resolution shall became effective upon adoption. PASSED, ADOPTED AND APPROVED this r10 ,_t4' day of 1982. ATTEST: ASSISTANT CITY CLERK I HE.RFBY CERTIFY at I have approved the ford correctness of this Resolut' n. MAYOR RECORD OF. COUNCIL VOTE MAYM DISTRICT DISTRICT DIST ICT DISI RICI GRANT OF EASEMENT STATE OF FLORIDA COUNTY OF BROWARD THIS INDENTURE made and entered into on this 13th day of July, 1982, by and between BERKOWITZ-KUMIN FLORIDA, INC., a Florida corporation, Grantor; and THE CITY OF TAMARAC, a Florida municipality of the County of Broward and State of Florida, Grantee; 5811 N. W. 88th Avenue, Tamarac, Florida; WHEREAS, the Grantor is seized in fee simple and in possess ion of the following described property, WHEREAS, Grantor has agreed in consideration of Ten and No/100 ($10.00) Dollars and other valuable consideration to grant to Grantee and all other persons claiming by, through or under Grantor, an easement and right-of-way over the following described property, for the purposes and in the manner expressed below; NOW, THIS INDENTURE WITNESSETH: That, in pursuance of this agreement and in consideration of Ten Dollars and other good and valuable consideration, receipt of which is acknowledged, Grantor grants unto Grantee, its assigns, and to all other likely situated as above described; The right to erect, construct, reconstruct, replace, remove, maintain, and use utilities as Grantee shall from time to time place therein and thereon and all necessary foundations, footings, appliances, and fixtures for use in connection with such utilities, together with a right-of-way on all of the hereinafter described TEN foot strip of said Lots 3 and 4 for the construction and maintenance of said utilities all on the property described as follows: PARCEL "A" (UTILITY EASEMENT) The East 5.00 feet of the North 10.00 feet of Lot 3, Block 34, together with the West 5.00 feet at the North 10.00 feet of Lot 4, Block 34, McNab Commercial Subdivision No. 2, as recorded in Plat Book 73, Page 28 of the Public Records of Broward County, Florida. Said lands being in the City of Tamarac, Broward County, Florida PARCEL "B" (UTILITY EASEMENT) The North 10.00 feet of the South 12.00 feet of the East 10.00 feet of the West 72.00 feet of Lot 3, Block 34, McNab Commercial Subdivi- sion No. 2, as recorded in Plat Book 73, Page 28 of the Public Records of Broward County, Florida. Said lands being in the City of Tamarac, Broward County, Florida A survey of the attached property is attached hereto and made a part hereof marked Exhibit A. TO HAVE AND TO HOLD the easement or right of way hereby granted unto Grantee, its assigns and those likely situated as des- cribed above, and their assigns, as appurtenant to the land of the Grantee and those likely situated and every part of it. It is understood that the easement is given upon the express understanding and condition that it may be used by Grantor, its heirs and assigns and others likely situated and their heirs and assigns. It is further understood that Grantor, his heirs and assigns and tenants in no way will be bound to improve, maintain or construct a roadway or to keep it in repair; nor does Grantor, his heirs and assigns assume any liability or responsibility to Grantee, its assigns, others likely situated, their heirs and assigns, or any person using the land by invitation, expressed or implied, or by reason of any busi- ness conducted with Grantee, its assigns, or otherwise. It is understood and agreed that Grantee shall only place utilities therein and theron which are normally and regularly provided by Grantee. IN WITNESS WHEREOF, Grantor has set his hand and seal on the day and year first above written. Signed, sealed and delivered in the presence of: BERKOWITZ-KUMIN FLORIDA, INC., a Florida((Connrp//oration By: I�,J&" Attest: ^� 77 V ) SS. COUNTY OF CUYAHOGA ) 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 Donald Kmnin and Harvey Kumin as President and Secretary MM respectively, of BERKOWITZ-KUMIN FLORIDA, INC., a Florida Corporation, to me well known to be the persons described in and who executed the foregoing Grant of Easement and duly acknowledged before me that they executed the same for the purposes therein expressed as the act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal at C'L_L�'i s,4'V. 7 /-i . OH/0 County, Cuyahoga . this 13th ay of July My commission expires: 1 No ary Pu is - State/of Eno STUART M. BERKO\A/I t"Z Notary Public For State of Ohio My Commissson Expires Feb. 26, lfoo - 3 - I. 1 1, �KETCN 7-0 .4ccoM.�,4�/y L EG,4 L �E�SC�P�,oT/GV�/S ltifME.Fi^/QC ��' �I �I NlcI/AB AZ w ` 74 r~ c:5T.�EE7- �I o. 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