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HomeMy WebLinkAboutCity of Tamarac Resolution R-84-236P 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 PZ'! 25 26 27 28 i 29 30 31' 32 33 34 Introduced by Temp. Reso. #3244 CITY OF TAMARAC RESOLUTION NO. R-84-a234, A RESOLUTION APPROVING AND ACCEPTING A FLOW-THRU, UTILITY AND PUBLIC SAFETY 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 Flow--Thru Utility and Public Safety 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 day of 1984. ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and / correctness of this Re�alution. ATTORNEY 0 RECORD OF COUNCIL VOTE MAYOR: KRPiVI'TZ Aelio DI aTRICT 4.: V.,_', STEIN DISTRICT j°a?1 S VELZER DISTRICT 2: C/M MUNITZ DISTRICT 1: C/M DUNNE �G,Q, 1 1 FLO—THRU, UTILITY AND PUBLIC SAFETY EASEMENT This Flo—thru, Utility and Public Safety Easement made this day of W 44,fj _ _ , 1984, by GEORGE J. KONTOGIANNIS, AS TRUSTEE, of 380 South FifJh Street, Columbus, Ohio, 43215, (Grantor) and the CITY OF TAMARAC, a Florida 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 not covered by buildings and appendages thereto for flo—thru drainage for the benefit of the improvements located or to be located adjacent to the Servient Estate; for installation and maintenance of public utilities, and for ingress and egress for police, fire and emergency medical service protection over drives and accessways existing from time to time; provided, however, that with respect to the use by Grantee of such easements granted herein, Grantee shall repair any damage suffered by the Servient Estate; provided, furthermore, and with respect to the repair of the lands over any utility easements, Grantor does not landscape within 7 1/2' of the centerline of any such utility easement as finally delineated in accordance with Paragraph 2 hereof. 2. By its acceptance hereof, Grantee specifically confirms and agrees that contemporaneously with the installation of the public utility facilities and upon the request of the Grantor, the Grantee shall execute a modification hereof providing that the non—exclusive blanket easement granted herein for installation and maintenance of public utilities shall be modified and restricted to include only those areas in which such public utilities are installed and as described by specific metes and bounds descriptions. 3. 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. 4. 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. 5. 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. Sign' d, sealed and delivered in the presence of: Witness �gned, sealed and eli Wred h pres L "_% Witn s [" Witness (GRANTEE) of: CITY OF TAMAR.AC �. I HEREBY CERTIFY that I have approved the form and correct— nesssoof this Uti ity Easement. ITY ATTORNEY 1 2 Ll STATE OF `fa {' 1 ) j. COUNTY of7 ss 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 m and and offici seal in the County and State last aforesaid this day of , A.D. 1984. NOT)MY PUBLI , STATE 0 My ommission EJV xpire r '� L�WifRY P.;b" �TATf U; FL'' . Al STATE OF FLORIDA .8 Ce4vEaq` ��, V(� KkWkkn. COUNTY OF BROWARD el I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State authorized in the State aforesaid n i the County aforesaid to take cknow edgm,ents, personally appeared X9 of tom kn to be the person described in and who exec ed the foregoing instrument and— acknowledged before me that executed the same. WITNESS my h nd and official seal,in the County and State last aforesaid this , day of A.D. 19E, /.' JCB/b 008 7 c NOTARY PUBLIC STATE CF FLORIDA 4/10/84 Kr EXP. APR 21.1958 Mr-ED TMRU GEMEFAL INS. 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