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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-323Introduced by . Temp. #2472 2 2 3 4 7 8 9 20 u .22 try] .241 25 26 17 �g 20 21 22 23 24 23 26 27 29 29 W, 32 33 341 33 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-82-,54�23 A RESOLUTION ACCEPTING A 12-FOOT UTILITY EASEMENT OFFERED BY E.K.L. DEVELOPERS FOR THE EXECUTIVE CENTER PROJECT; AND PROVID- ING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the 12-foot utility easement offered by E.K.L. Developers for the Executive Center project is hereby approved and accepted, a copy of said easement 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 become effective upon adoption. PASSED, ADOPTED AND APPROVED thisday of A , 1982. ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the forma,i�d correct- ness of —this Resol tion. MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT MA I 0 RECORD OF COUNCIL VOTE r i3,i �S0. UTILITY EASEMENT da This Utility Easement made this � Y of September, 1982, by E.K.L. Developers, a Florida general partnership (Grantor), and the City of Tamarac, a municipal corporation of the State of Florida (Grantee), whose principal place of business is 5811 N.W. 88th Avenue, Tamarac, Broward County, Florida 33321. WITNESSETH: WHEREAS, Grantor is the owner of that certain real property (the "Property") located in Broward County, Florida, more particularly described as follows: Lot 5, Block 11, LYONS COMMERCIAL SUBDIVISION NO. 3, as recorded in Plat Book 76, Page 31 of the Public Records of Broward County, Florida. WHEREAS, Grantor desires to grant unto Grantee a non-ex- clusive easement over and upon a portion of the described Property. 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 do hereby grant and agree as follows: 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive easement as shown and described on Exhibit "A" attached hereto and made a part hereof, over and upon the Property for the installation and maintenance of public utilities for the benefit of the improvements located or to be located upon the Property. 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 Property, and to grant further easements under, over and on the Property; 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. In the event the Grantee excavates, digs or performs any other work on any portion of the Property, Grantee shall, at its expense, restore said Property to the condition it was in prior to said excavation, digging or other work. 4. 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 Property. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Sign d, seal and delivered E.K.L. DEVELOPERS, a Florida in pre e e o general partners ip J By: , Ernest FVeyerle, G neral Partner THIS INSTRUMENT PREPARED BY: DENNIS L. STEWART, ESQUIRE BROAD AND CASSEL 1499 West Palmetto Park Road Boca Raton, Florida 33432 1 Lk4:::::- STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) BY: Kenneth Sc rtz, ral Partner 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 Ernest Beyerle and Kenneth Schwartz, General Partners of E.K.L. Developers, a Florida general partnership, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same on behalf of the Partnership. WITNESS my hand QQofficial seal in the County and State last aforesaid this 9VV day of Sep ber, 1 2. Notary Public My Commission Expires: 2 NOTARY PUBLIC STi T E OF FLJKIDA AT LARGE MY COMMISSION EXPIRES NOV 11 1985 BONDED THRU GLNLKAL INS. UNDERWRITERS A -I SLL 31 JO. UTILITY EASEMENT The South 12.0 feet of the North 63.0 feet of the West 215.0 feet of Lot 5, Block 11, LYONS COMMER_ CIAL SUBDIVISION NO. 3, as record- ed in Plat Book 76, Page 31 of the Public Records of Broward County, Florida. I FOR: KRAMER OR. NO.: 8209112 DATE: 9/13/82 I OT I L,(L7114 COMMERCIAL SUP,DNI�k7�1 CIO. 3 2h3 EXHIBIT "A" J 5T 1 F 3 =3 , LOCAT�4N tiCAd: V- W' -4111 7025 N.W. 4TH ST. • PLANTATION, FLA. 33317 • (305) 584 LANDSURVEYS 0 SMDMSIONS • CONSTRUCTION SURVEYS