HomeMy WebLinkAboutCity of Tamarac Resolution R-84-3791
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-84-,5
A RESOLUTION APPROVING AND ACCEPTING A WELL
EASEMENT OFFERED BY ARCHDIOCESE OF MIAMI (ST.
MALACHY CATHOLIC CHURCH); AND PROVIDING AN
EFFECTIVE DATE.
I BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
Temp. #3373
SECTION 1: That the well easement offered by Archdiocese of Miami (St.
Malachy Catholic Church) for the installation and maintenance of Raw Water Wells 13,
14, 15 and 16, 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.
SECTION 3: That the City Clerk is hereby authorized and 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 day of , 1984.
ATTEST:
I HEREBY CERTIFY that I have approved
the form and correctness of this
RECORD OF COUNCIL VOTE
MAYOR: KRAVITZ - e
DISTRICT4: VIM STEIN
D!STRICT3: C/M STELZER
DIZTRICT2: C/M MUNITZ c
C,, STRI.CTL C!M BERNSTEIN
0
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/�-J21- 3
WELL EASEMENT
1
1
This Well Easement made this Ok day of
198Y. b y ID MM A. McCA=, as Archbishop . of the Archdiocese of M; am his
successors in office, a corporation sole, 9401 Biscayne Boulevard, Miami Shores, FL,
(Grantor) and the City of Tamarac, a Florida municipal corpora-
tion having an address at 5811 Northwest 88th Avenue, Tamarac,
Florida, 33321. (Grantee).
(Whenever used herein, the term "Grantor" and "Grantee" small
include the respective successors and assigns of the parties
hereto, whenever the context so admits or requires).
WITN£SSETH:
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;
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 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 perpetual
maintenance of 4 raw water wells and associated appurtenances
as indicated on Exhibit "A".
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; p-rovided 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.
-1- 11/8/84
3. The Grantee or its agents will not drive
vehicles over the easement to the wells for day-ta-day opera-
tions. This .restriction is not intended to testrict the Grantee
or its agents from using the easement for any purpose that the
Grantee deems necessary to maintain and operate the wells.
4. Grantee will (a) restore the site to its
original condition after installation or maintenance of the
well system; (b) construct the well structure flush with the
existing area; and (c) install required vent pipes on the
adjacent existing wall to minimize interference to the
existing playground area.
5. 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.
6. This easement shall not be released or altered
without consent of the Grantee.
I-
7. Grantee hereby indemnifies and holds harmless grantor
for any loss arising from grantees use of the easement herein granted.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and
seal on the day and year first above written.
Signed, sealed and (GRANTOR)
delivered in t h e presence of: EDEMM A. McCARIIiY, as Archbishop of the
/Y, e_ h Archdiocese of Miami, his successors in
tness
itness
Signed, sealed and
delivered in the presence of:
W i t n e s s
W i t n e s s
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Welt Easement
B Y-;
(GRANTEE)
City of Tamarac
• •
By
o�
ATTOR�ZY
- 2 -
11/9/84
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the Count; aforesaid
to take acknowledgments, personally appeared FDWARD A. McCARTHY,
as Archbishop of the Archdiocese of Miami, his successors in office, a
corporation sole.
to me known to be the person described in and who executed the
foregoing instrument and he acknowledged before me that
he executed the same.
WITNESS my hand and. official eal in he County ,and Start last
aforesaid this ((� day of;�^^ A.D. 1':2�-
STATE OF FLORIDA
COUNTY OF BROWARD
96TAR . EUBLIC STATC OF FLC3RIDA !,T LARGg
MY. COMMISSION EXPIRES JUNE S 198
BONDED THRU GENERAL INS . UNDERWRITERS
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the Count aforesaid
to take acknowledgments, personally appeared
to me known to be the
pens n
described in
and who executed the
for going instrument
and:-
acknowledged
before me that
executed the
same.
WITNESS my hand and official
seal in the
County and State last
aforesaid this
day of
A.D. 1986.
NOTARY PUBLIC STATE C� fiGRZD#
MY COMMISSION EXP. AFR 21,1958
BONDED TNRU GENERAL INS. UfD.
IWZ
EXHIBIT "A" - SAINT `:ALACHY WELL EASE`SEtiT
Description: Parcel A St. Malachy Plat according to the
Plat thereof as recorded in Plat Book 95,
Page 36 of the public records of Broward
County, Florida.
Well Easement Description: The east 20 feet, plus the east
655 feet of the north 20 feet of Parcel A.
St. Malachy Plat as recorded in Broward County.
Florida public records. Plat Book 95, Page 36.
ST.MALACMY —
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11/8/84