HomeMy WebLinkAboutCity of Tamarac Resolution R-83-254Introduced by (� �) Temp. Reso. #2858-
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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)
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UTILITY AND PUBLIC SAFETY EASEMENT
LEGAL DEwCRIPTION OF THE EASEMENT PROPERTY
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