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HomeMy WebLinkAboutCity of Tamarac Resolution R-84-3791 2 3 4 8i 9 12 13 14 15 9 20 23 24 25 26 28 29 33 34 35 i 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 � fl /�-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 — 7 WELL*16 .-1WELL# 15 WELL# 14 8 2 2 .O 1' I 2d W WELL EASEMENT 20, G ; PARCEL"A" m �- In In ST. M A LACHY CY W WELL O 13 > Z 1 in r NrE _ eaz.ol —_— N. W. 61 S T. 1 11/8/84