HomeMy WebLinkAboutCity of Tamarac Resolution R-78-100Introduced by: W7w Temp. # 1041
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 7ov-/D 0
A RESOLUTION OF THE CITY COUNCIL ACCEPTING A
COVENANT ON LOT 25, WOODLANDS SECTION 4, AS
RECORDED IN PLAT BOOK 66, PAGE 25 OF PUBLIC
RECORDS OF BRO14ARD COUNTY, FLORIDA OFFERED BY
RUTH R. KROUT AS PROVIDED IN SETTLEMENT STIPU-
LATION OF CASE NO. 76-4088.
WHEREAS, pursuant to settlement stipulation of Case No. 76-4088,
Ruth R. Krout has executed a covenant on Lot 25 of Woodlands Section
4 as recorded in Plat Book 66, Page 25 of Public Records of Broward
County, Florida, and
WHEREAS, the City's Consultant City Attorney has reviewed said
covenant and made recommendation to Council to accept same, and
WHEREAS, the City Council now wishes to accept said covenant
offered by Ruth R. Krout.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the covenant executed by Ruth R. Krout, for
Lot 25, Woodlands Section 4, Plat Book 66 Page 25 is hereby accepted)
�opy of which is attached hereto as Exhibit "A".
PASSED, ADOPTED AND APPROVED this day of 1978.
0
ATTEST:
,t; r
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
4ffl, BE LJ.
lull.
RECORD OF COUNCIL VOTE
MAYOR W. FALrK IVIM H. MASSARO 9�u
C/M H. WIENER
C/M I.M. DISRAELLY
C/ W M. KELC MJf-
ICOVENANT
WHEREAS, Ruth R. Krout, as Plaintiff, brought an action
against the City of Tamarac as Defendant (Case No. 76-4088 in
the Circuit Court of the 17th Judicial Circuit in and for
Broward County, Florida); and
WHEREAS, both parties have agreed to settle the litigation
in accordance with the "Settlement Stipulation" executed by their
respective attorneys; and
WHEREAS, the Plaintiff agrees'to execute a Covenant in
compliance with the provisions of Paragraphs 4, 5 and 6 of said
Settlement Stipulation, with respect to the following described
property:
Lot 25, The Woodlands Section 4;
according to the Plat thereof recorded
in Plat Book 66, Page 25 of the Public
Records of Broward County, Florida.
NOW, THEREFORE, Ruth R. Krout, for herself, her heirs
and assigns, does hereby covenant and agree as follows:
1. Should the City Council of the City of
Tamarac determine that a need exists to upgrade
the drainage 'within the Woodlands Section of the
city, and should the City Council of the City of
Tamarac establish a plan for upgrading the drainage
affecting lands abutting canals within the Woodlands
sections of the City, then the said Ruth R. Krout,
her heirs and assigns, agree to comply with the
requirements of the plan provided, however, that
all landowners within the Woodlands Section shall
also be required by the City of Tamarac to comply
with the requirements of the plan and further pro-
vided that such action on the part of said Ruth R.
Krout shall be required only if the City of Tamarac
uniformly enforces such compliance against all
owners of property in the Woodlands abutting said
canals.
2. Ruth R. Krout further agrees to maintain
in a clean and orderly manner that portion of the
canal easement from her property line to the water
without expense to the City of Tamarac.
3. Ruth R. Krout further agrees to appear,
defend indemnifyand hold harmless the City of
Tamarac in any litigation and agrees to pay any and
all judgments, attorney fees or costs resulting from
any accident occurring on said property.
This instrument shall be deemed to be a covenant running
with the land.
IN WITNESS HEREOF, the said Ruth R. Krout has hereunto
set her hand and seal this` day of May, 1978.
Wit sses:
4-
STATE OF FLORIDA
COUNTY OF BROWARD )
The foregoing instrument was acknowle ged before me this
tQ day of May, 1978.
4-
THIS INSTRIJMEN:T PREPARED BY: y"ary Public, State of Ftorido at Large
Clarence Obletz, Esquire MY Commission Expires Oct. 21, 1970
One Financial Plaza wed by 1lmericaw Fire 6 Casvalty Go.
Fort Lauderdale, Florida 33394 -