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HomeMy WebLinkAboutCity of Tamarac Resolution R-83-254Introduced by (� �) Temp. Reso. #2858- 1 2 3 4 6 7 8 9 10 11 32 33 34 35 26 ?1 22 23 24 23 26 27 28 29 32 33 34 33 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-83- Z S A RESOLUTION APPROVING AND ACCEPTING A UTILITY AND PUBLIC SAFETY EASEMENT OFFERED BY SOUTHGATE GARDENS, INC., SOUTHGATE RECREATION ASSOCIATION, INC., AND SOUTHGATE CONDOMINIUM ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE, COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the utility and public safety easement offered by Southgate Gardens, Inc., Southgate Recreation Association, Inc. and Southgate Condominium Association, Inc. is hereby accepted and approved, 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: That this Resolution shall be effective upon its approval. PASSED, ADOPTED AND APPROVED this f 9 day of 1983. MA 0. ATTEST: SSIS�NCITY RK - I HEREBY CERTIFY that I have approved the fo and correctness of -this R�esol ion. ATT RECORD OF COUNCIL VOTE MAYOR FALCK: 172 DIST. 1: ClM 1,, AIJITZ: DIST. : PjjASSARO: �---� DIST. 3: CW, STELZER' DIST. 4: C/M KRANTZ: P,� A 1�rsD. UTILITY AND PUBLIC SAFETY EASEMENT This Utility and Public Safety Easement made this -i�15 day of September, 1983, by SOUTHGATE GARDENS, INC., a Florida corporation (Grantor 1), SOUTHGATE GARDENS RECREATION ASSOCIATION, INC., a Florida corporation not -for -profit (Grantor 2) and SOUTHGATE GARDENS CONDOMINIUM ASSOCIATION, INC. (Grantor 3), (collectively the Grantors), 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 "Grantors" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). WITNESSETH: WHEREAS, pursuant to Paragraph 6(a) of the Recreational Covenants (Recreational Covenants) for Southgate Gardens recorded in Official Records Book 10162, Page 914 of the Public Records of Broward County, Florida, Grantor 1 as "Developer" reserves the right to grant easements across "Southgate Gardens" (as such terms are defined in the Recreational Covenants), and WHEREAS, Grantor 1 is presently the owner of the "Recreational Area" (as defined in the Recreational Covenants), and WHEREAS, Grantor 1 is also presently the owner of certain additional real property (Additional Property) more particularly described on Exhibit A, and WHEREAS, Grantor 2 is the "Recreation Association" (as defined in the Recreational Covenants) responsible for the operation and administration of the Recreational Area; and WHEREAS, adjacent to the Recreational Area is Southgate Gardens Condominium (Condominium) according to the Declaration (Declaration) thereof recorded in Official Records Book 10171, Page 1 of the Public Records of Broward County, Florida, and and WHEREAS, Grantor 1 is the "Developer" (as defined in the Declaration), WHEREAS, Grantor 3 is the condominium association (Association) responsible for administering the Condominium pursuant to the Declaration, and WHEREAS, the Condominium included the land more particularly described in Exhibit A to the Declaration, and WHEREAS, Article X.B to the Declaration provides, in part, that Developer for itself and for the. Association reserves the right to impose upon the "Common Elements" (as defined in the Declaration) of the Condominium such easements and cross easements for the installation, operation, maintenance, construction and repair of facilities including, but not limited to, electric power, telephone, sewer, water, gas, drainage, irrigation, lighting, television transmission, security, garbage and waste removal and the like as Developer or the Association deems to be in the best interest of and necessary and proper for the Condominium, the Recreational Area, and WHEREAS, Grantee is a municipal corporation organized and existing under the laws of the State of Florida and providing water, sanitary sewer and police, fire and emergency medical services to the property on which the Condominium and Recreational Area exists, and WHEREAS, the Grantors are desirous of providing to the Grantee easements for water and sewer, flow—thru drainage and police, fire and emergency medical services, 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. Grantors, insofar as each of them has right, title and power to convey same, hereby grant and convey to Grantee, its successors and assigns, a non—exclusive easement over and upon that part of the Common Elements of the Condominium and the Recreational Area not covered by buildings and appendages thereto (Open Area) for ingress and egress for police, fire and emergency medical service protection over drives and accessways existing from time to time, and a non—exclusive utility easement over and upon that part of the Open Area and the Additional Property more particularly described in Exhibit B hereto (the real property described in Exhibit B is the "Easement Property") for installation and maintenance of public utilities which are to be maintained by the Grantee; provided, however, that with respect to the use by Grantee of such easements granted herein, Grantee shall repair any damage suffered by the Open Area and Easement Property (Servient Estate). 2. Grantors, insofar as their respective interests may appear, reserve 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 2 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, Grantors and Grantee have hereunto set their hands and seals on the day and year first above written. Signed, sealed and deliv ed in>presence_of. Witness Witness .01 Signed, sealed and deliv ed in the presence of: Witness -C Witness Signed, sealed and del-iv red in the presence of: itlne�ss Witness Signed, sealed and delivered in the presence of:. W tness C�1' y W ftness ^57: a, ry (f I HEREBY CERTIFY that I have. approved the fo. °and correct— ness of this iit'ity Easement. CITY"ATTORNEY (GRANTORS) TE GARDENS RECREATION TION, INC. n _ SOUTHGATE GARDENS CONDOMINIUM A"QCIATION, INC. By: ( GRANTEE ) City of Tamarac By: ay)(L �� l 'd, K3 STATE OF FLORIDA COUNTY OF BROWARD 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 DONALD W. ALEXANDER, PRESIDENT of SOUTHGATE GARDENS, INC., a Florida corporation, 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 seal in the County and State last aforesaid this 8th day of September A.D. 1983. Notary ual:,•, State of Fiorida at Large ib.y Co:m i'ssicn Expires Oct. 18, 1984 STATE OF FLORIDA banded Rao Troy Fain Ird"mnce Inc, COUNTY OF BROWARD 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 DONALD W. ALEXANDER, PRESIDENT of SOUTHGATE GARDENS RECREATION ASSOCIATION, INC., 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 seal in the this 8th day of September STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that the State authorized take acknowledgments, PRESIDENT ASSOCIATION, the foregoing executed the County and State last aforesaid A.D. 1983. r'6'arY a",'ic. State of Fiorida at Large MY Coni:nission Expires Oct. 18, 1984 9--;dad Tnr, Troy Fain Ir.,"i .ca Inc. on this day, before me, an Officer duly authorized in in the State aforesaid and in the County aforesaid to personally appeared DONALD W. ALEXANDER, of SOUTHGATE GARDENS CONDOMINIUM INC., to me known to be the person described in and who executed instrument and he acknowledged before me that he same. WITNESS my hand and official seal in the this 8th day of September STATE OF FLORIDA COUNTY OF BROWARD County and State last aforesaid A.D 1983. Notary Pu4uc, State of Fiwicra at Large Iv1y Commission Expires Oct. 18, K4 Bonded Thor Troy Fain Irwlgnc. Ini. 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 fo es id to take acknowledgmen s, ersonallappeared c� to me kn n td be he er described in and who executed the foregoing instrument and acknowledged before me tha%,/LA.a executed the same. WITNESS hand axsd official seal in t e C+Taxst}r and State last aforesaid this 0 day of _ A.D. 1983. "10TARY PUBLIC STATE OF FLOR I DA AT LARGL R1 y .COMM I.$; I ON EXP i PZ APR 21 1944 4 ='�Q "Ll GENERAL 1Ar5; i!►`;>;"'�IWA1 EXHIBIT A LEGAL DESCRIPTION_ OF ADDITIONAL LAND 1 Parcel A. SOUTHGATE GARDENS, according to the plat thereof, recorded in Plat Book 77, Page 27, of the Public Records of Broward County, Florida, LESS and EXCEPT the following described part thereof: Beginning at the Northwest ('.,'W) corner of said Parcel A: thence S 890 33'35" E, along the North Boundary of said Parcel A. and the South Right -of -Way Line of Southgate Boulevard, 920.55 feet. thence S 000 26'25" W, 98.00 feet; thence S 89033'35" E, 115.00 feet; thence S 00026'25" W, 132.00 feet; thence N 89033'35" W, 75.00 feet; thence S OOo26'25" W 21 00 feet: thence N C9033'35" W 32.00 feet: thence S 00026'25" W. 49.00 feet; thence 11 89033'35" W. along the South 60- undary of said Parcel A, 925.17 feet to the Southwest (SW) corner of said Parcel A; thence N 00012'16" W. along the West Eoundary of said Parcel A, 300.02 feet to the Point of Beginning. Contai ni na 5.271 Acres. 1 �- EXHIBIT B TO UTILITY AND PUBLIC SAFETY EASEMENT LEGAL DESCRIPTION OF THE EASEMENT PROPERTY (Sheet 1 of 2) q ;s $ J,J . r a 1� V1 t� � P i 4, •� IU i Z s, A lu M 1 r �+ J � (n R711 1.ry � bpi 0^!, F nrb °� NvC 6 C p r n� ,,__ a iw:."' �i.• fir' ��_� �"' -r.,r • �{ at�4=c r�rr�."vet �7� ti':. rt �r '• fr ��r ter► +� ^^. ,.� •_� -•�rMr '"+wr •+� +ter our "Wr .+'� �� ., �*' '•,�,�'.�' '�F• °i r I 1 K V r EXHIBIT B II TO UTILITY AND PUBLIC SAFETY EASEMENT LEGAL DEwCRIPTION OF THE EASEMENT PROPERTY (Sheet 2 of 2) U rf� 4 c � e oov - V nv� tr L L 1 a u q ^ 6 V S N " W W E B 0 P L C ~ 2 4 V M V M CC n V v K p r C L+l. w� y C •.•N O V w W r ex d A L e C O� V t 0. u O O c_ v a o v•L+4LO� 1 4 v��t Nc oo � a+ .40 v �a —000 ay M• A V L V m V V v� � �4` O�• r. G C tl GG V O C V L' V y Y O i N t P C O A• 4 �(m C L - a • O N �/ •� z w M N V M u x [( Lpp V y✓ d y^ 0 4 6 L 7 C 7~ J oof V O L t 74J V u. 11 9NN S Cc 4