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HomeMy WebLinkAboutCity of Tamarac Resolution R-84-026Introduced by !/ Temp. #3006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,r 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-84-,94, A RESOLUTION APPROVING AND ACCEPTING A UTILITY EASEMENT OFFERED BY WOODLANDS GOLF ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the utility easement offered by Woodlands Golf Association, Inc., for spray irrigation purposes, 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. st PASSED, ADOPTED AND APPROVED this pJ day of , 1984. .I \ -..- \ \--" "\". ��� '� MAYO --� ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness RECORD OF COUNCIL VOTE MAYOR FALCK: �- m DIST. 1: C/M KRAVITZ: DIST. 2: V/M MASSARO:i� DIST. 3: C/M STELZER: DIST. 4: C/M KRANTZ: _ 00 0. UTILITY EASEMENT 9Y11C7 This Utility Easement mad this day of f �}^J� I/(�0 , 1981`, by LA Aiy C BLF 4 rr, N C (Grantor) and the City of Tamarac, a Fl rida municipal corporation having an address at 5811 Northwest 88th Avenue, Tamarac, Florida, 33322, (Grantee) (Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). WITNESSETH: 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 for use 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 the right, but not the obligation to discharge effluent into all canals and lakes presently located upon the servient estate and Grantor agrees that it will use said effluent so discharged as the primary source of watering and irriga- ting the golf course located on the servient estate, to the extent such effluent is sufficient in quantity to meet Grantor's irriga- tion requirements. 2. Grantor hereby grants and conveys to Grantee, its suc- 5 cessors and assigns the right as necessary to install, maintain, Itrepair and service effluent control structures, appurtenant mains and equipment without the obligation to do so provided said ease- ment rights do not interfere with the operation of the golf course. The location and physical appearance of any above around improvements shall be subject to consent of the grantor which shall not be un- reasonably withheld. - 1 - 3. Grantee agrees to exercise the above easement rights in a manner so as not to interfere with the operation of the golf course, or in any way to alter the course. Grantee agrees to restore the surface of the course to its existing condition prior to any con- struction, after any digging or excavation, within a reasonable U period thereafter' l Ne 1-V O I NG ► M? I! 4411 ?,rOff/Na; ��46� 4. 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; 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. 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 � S consent of the Grantee klti(eli 'room- /Vo )9 t//\1 fii OSoi�li✓��� IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and delivered in the presence of: ►.rs�s�-�-7 Signed, sealed and delivered in the presence of: - Witness C�1`�jY�N�s10� Witness /4Ssr, al;ry C4_e,� I HEREBY CERTIFY that I have approved the fo and correct- ness of this Ut�ity Easement CITY ATT (GRANTOR) &L04 Iz C By: (GRANTEE) City of Tamarac By: A 0 Yoh - 2 - Is 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 County aforesaid to take ackngw led ment�s, pe; son ally appeared to me known to be the person described in and who executed the foregoing instrument and A t� acknowledged before me that executed the same. WITNESS my hand and official se 1 in the County and State last aforesaid this day of A.D. 1981�. Rhoda H. Rosenthal Notary Public STATE OF FLORIDA State of Florida at Large COUNTY OF BROWARD IDly Commission Exp. 5, 30,1984 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to..a�e acknowledgment personally appeared -0 �. to me known to be the per so} described in and who executed the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and fficial sea n the County and St to last aforesaid this day of A.D. 1987 LiUtARY tvbLIC S1Ait Ur rLUKIvA AT LARCH My CQAAMISSION EXPLFZS APR 21 1494 1 HONDED 7HRU GENERAL INS: UNDERWRIT€M Rev. 1/9/84 -3- EXHIBIT "A„ THE WOODLANDS COUNTRY CLUB A5 RECORDED IN PLAT BOOK 67- PAGC aO OF THE BPOtot,/ARD COU►JTY QECOQDS N L.A','D 5 E. C T 10 P 14,-rw p 4Q 5, RG E 41 E