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HomeMy WebLinkAboutCity of Tamarac Resolution R-83-234w Introduced by Temp.#2853 { 1 2 3 4 5 j 7 8 9 10 11 12 13 14 15 MX:f 17 ?8 20 21 22 23 24 25 26 27 28 29 1 2 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-83 -ej:� A RESOLUTION APPROVING AND ACCEPTING A 10-FOOT UTILITY EASEMENT FOR WATER PURPOSES ALONG SOUTHGATE BOULEVARD OFFERED BY SOUTHGATE GARDENS, INC., SOUTHGATE GARDENS RECREATION ASSOCIATION, INC., AND SOUTHGATE GARDENS CONDOMINIUM ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FL04IDA: SECTION 1: THAT THE 10-foot Utility Easement for water purposes along Southgate Boulevard, offered by Southgate Gardens, Inc., Southgate Gardens Recreation Association, Inc., and Southgate Gardens 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: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this day of 1983. MAYOR ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the/ orm and correct- ness,.of thi Resolution. CITY, ATT RNEY RECORD OF COUNCIL VOTE MAYOR FALCK:� DIST. is C/M KRAVITZ: DIST. 2: V/M MASSARO: DIST. 3: C/M STELZER: DIST. 4: C/M KRANTi: ���_ 414*1 t� .1r it W —, /2 — 7 3 — ,� -54 UTILITY EASEMENT This Utility Easement made this �21 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 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 4 recorded in Official Records Book 10171, Page 1 of the Public Records of Broward County, Florida, and WHEREAS, Grantor 1 is the "Developer" (as defined in the Declaration) of the Condominium, and WHEREAS, Grantor 3 is the condominium association (Association) responsible for administering the Condominium pursuant 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 1 r 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 (GRANTORS) delive ed in the prese of: SOUTHGATE GARDENS, IN Witn ss mm i By' Witness Signed, sealed and deliv�ed in the presence ,of: Wit6e�ss Witness Signed, sealed and delivelAt in the prp"enceeof : Signed, sealed and deli ered in t presence of: itnes Witness I HEREBY CERTIFY that I have approved the form and correct— ness of this Iility Easement. C1 CITY ATTOR STATE OF FLORIDA COUNTY OF BROWARD E GARDENS RECREATION ION, INC. SOUTHGATE GARDENS CONDOMINIUM AS&G.G <ION, INC. By: (GRANTEE) I HEREBY CERTIFY that on this day, before me, ail Officer duly authorized in the State authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared DONALD W. ALEXANDER 3 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 ublic, State of Florida at Large My Commission Expires Oct. 1a, 1984 STATE of FLORIDA Bonded Thru Troy Fain Icsurunce 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 County and State last aforesaid this 8th day of September A. . 1983. Notary public, State of Florida at Large STATE OF FLORIDA MY Commission Expires Oct. 18, 1984 bonded Thw Troy Fam I:. s::�anca 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 CONDOMINIUM 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 County and State last aforesaid this 8th day of September A.D. 1983. Notary Pu lic, State of Fiorida at Large My Commissiop. Expires Oct. !8, 1984 STATE OF FLORIDA Bonded Th- Troy Fain In;u iunca 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 a oresaidCttoo� tak a nowledgments, personally appeared _ � a,) ®7 to me Wown(/to instrument and e person described in and who exec ted the foregoing acknowledged before me thatZ executed the same. WITNESS my hand and official Peal in t e County and State last aforesaid this f- day of � A.D. 1983. UQTARY EUB[1l+ STATE OF FLORIDA Al LgGt t MY .COMA115510N EXPIRES APR 21 1984 RgL INS_ UNDERWRITERS 4 �[ h¢ I F,3 t T- Pox ctei pT'/ow A! o I DESCRIPTION NO. 1: The North 10.00 feet of the West 920.55 feet of Parcel "A", Southgate Gardens, according to the plat thereof, recorded in Plat Book 77, Page 27 of the Public Records of Broward County, Florida. I I