HomeMy WebLinkAboutCity of Tamarac Resolution R-84-236P
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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,
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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
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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. UND.
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