HomeMy WebLinkAboutCity of Tamarac Resolution R-84-238II
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Introduced by Y � Temp. Reso. #3246
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-84
A RESOLUTION APPROVING AND ACCEPTING A 20-FOOT
CANAL MAINTENANCE EASEMENT OFFERED BY GEORGE J.
KONTOGIANNIS, AS TRUSTEE FOR THE TAMARAC POINTE
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL, OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the 20-foot canal maintenance easement
offered by George J. Kontogiannis, as Trustee for the Tamarac Pointe
project, 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 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 ';?e-;e;(day of , 1984.
ATTEST:
A SISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the f rm and correctness
of this Resol4tion.
rAWNWAP
Y
MAYOR
RECORD OF COUNCIL VOTE
MAYOR: KRAVITZ
DISTRICT 4: V/poi STEIN
DISTRICT 3: C/,AA STELZER
DISTRICT 2:, C/M MUNITZ.--- e,
or
DISTRICT 1: C/M DUNNE
CANAL MAINTENANCE EASEMENT
This Canal Maintenance Easement made this ' 6 day of Al
a ,
1984, by GEORGE J. KONTOGIANNIS, AS TRUSTEE, 380 South Fifth Str t, Suite 1,
• Columbus, Ohio, 43215 (Grantor) and the City of Tamarac, a Flori a municipal
corporation having an address at 5811 Northwest 88th Avenue, Tamarac, Florida,
33321, (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 as:
Parcel "A" of "The Mainlands of Tamarac Lakes, Unit
Fifteen", according to the plat thereof recorded at
Plat Book 71, Page 3 of the Public Records of Broward
County, Florida.
and as depicted upon Exhibit A attached hereto and made a part hereof,
(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 that part of the Servient
Estate described and depicted upon Exhibit B, attached hereto and made a part
hereof, for the purposes of the maintenance of the contiguous canal and with
respect thereto, the Grantee, its successors, assigns, employees and duly
authorized agents, may go on the property described and depicted upon Exhibit
B, to maintain such canal and the banks thereof as the Grantee shall deem
nedessary and appropriate.
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; 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. 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.
4. This easement shall not be released or altered without consent of
the Grantee.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the
day and year first above written.
Signed, sealed and
deliver in tie presence of:
Witn S
Witn
i
Si ed, sealed and
d 1 vered in n
resence bf:
M�'a ,
WA the A s-X0f.W0&
Witness
I HEREBY CERTIFY that I have
approved the f rm and correct—
ne*&\of this tility Easement.
CI
STATE OF it )
ss.
COUNTY OF ( )
(GRANTEE)
CITY OF TAMAR.AC
By:
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared GEORGE J. KONTOGIANNIS, AS TRUSTEE,
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 offLcial seal in the County and State last aforesaid
this too day of A.D.
NOTARX PUBKC, STA
My C miss n Expi
�t.~T1"► ,G STr:t Uf tL"ter.. Al U-. Cl
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STATE OF FLORIDA
COUNTY OF BROWARD
1 HEREBY CERTIFY that
on this day, before me,
an Officer duly authorized in
the State authorized
in the State aforesaid
d in the County aforesaid to
take acknowledgments,
personally appeared
to me known to be he
person described in and
who executed the foregoing
instrument and
acknowledged before
me texecuted the same.
hat
WITNESS my h nd and official
this day
sea in the County
and State last aforesaid
A, D, 198,3:�
of
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