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Home My WebLink AboutCity of Tamarac Resolution R-83-232Introduced by Temp. #2852 ow 0a 3 4 5 5I 7 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 1 -4 2 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-83--�� A RESOLUTION APPROVING AND ACCEPTING A CABLE TELEVISION LINE EASEMENT OFFERED BY SOUTHGATE GARDENS APARTMENTS, LTD.: AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION l: That the Cable Television Line Easement offered by Southgate Gardens Apartments, Ltd., is HEREBY ACCEPTED ANP 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/V'�Oday of 1983. ATTEST: ASSISTANT CITY CLERK I HEREBY CERT FY that I have approved the orm and correct- ness of this Resolution. C7TQ NEY RECORD OF COUNCIL VOTE MAYOR FALCK: DIST. 1: C/M KRAVITZ: DIST. 2: V/M MASSARO: DIST. 3: C/M STELZER: DIST. 4: C/M KRANTZ: ___�� CABLE TELEVISION LINE EASEMENT This Cable Television Line Easement made this Izt day of September, 198311 by SOUTHGATE GARDENS APARTMENTS, LTD., Post Office Box U, Sanford, Florida, 32771, (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 in Exhibit "A" and as depicted upon Exhibit B attached hereto, (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 the installation and maintenance of coaxial cable television signal transmission lines to service the residential structures located on the subject property and for the benefit of the improvements located or to be located adjacent to the Servient Estate. 2. The Grantee, in connection with its regulatory activities concerning cable television systems and the installation of its component parts, shall have the continuing right to assign its rights hereunder to any cable television company to which the Grantee, acting in its governmental capacity, shall have granted a franchise, and such rights with respect to such franchisee shall continue for the life of the applicable cable television franchise or until its termination, whichever shall occur first. 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. S. This easement shall not be released or altered without consent of the Grantee. IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands and seals on the day and year above written. Signed, sealed and delivered in the presence of: Witness Witness Signed, sealed and delivered in the presence of: Witness;%• (GRANTOR) SOUTHGATE GARDENS APARTMENTS, LTD., a Florida limited partnership BY: CARDINAL INDUSTRIES OF FLORIDA, INC., as eneral partner BY: ??I)Rga4t:w-� l M. K. HASS, Vice -President (GRANTEE) CITY OF TAMA�( BY: 41 I HEREBY CERTIFY that I have approved the form and correctness of this Utility Easement. STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared M. R. HASS, Vice -President of CARDINAL INDUSTRIES,OF FLORIDA, INC., as general partner of SOUTHGATE GARDENS APARTMENTS, LTD., 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 an& official seal in the County and State last aforesaid this /'` day of September, 1983. i/ State of r1FF'15_. My Commission Expires: Notary R 4-. 5t,je • { at Large My commi,sion exp�r s January 15, 1985 Bonded thru Lawyers Sure}y Corp. 1 dR IN G Parcel A, SOUTHGAT'E GARDENS, according to the plat thereof recorded in Plat look 77, Page 27 of the Public Records of Brovard County, Florida. Less and except: Beginning at the Northwest (NW) corner of said Parcel A; thence S. 89'33'35` E., along the Horth Boundary of said Parcel A, and the South right—of—way line of Soutbgate Boulevard, 920.53 feet; thence S. 00'26125"Y., 98.00 feet; thence S. 89`33'35"3.0 115.00 feet; thence S. 00'26125"W. 132.00 feet; thence F. 89'33135" W., 75.00 feet; thence S. 00*26'25' B., 21.00 feet; thence N. 89*33135" B., 32.00 feet; thence S. 00'26'25" V., 49.00 feet; thence N. 89'33'35"B., along the South Boundary of said Parcel A, 925.17 feet to the Southwest (SW) corner of said Parcel A; thence N. qW 00'12'16" W., along the Best Boundary of said Parcel A. 300.02 feet to the Point of Beginning. W 4 Containing 5.271 acres and being subject to any rights —of —way or casements of record. SOOI'MG AATE (3t v p �oeot'ricP-. S')6-1 ji;?c14 EXHIBIT A 1 EXHIBIT "B" � � V • � � .l I I � Ll I. � . w■ � -O 1 N � / w i IT Ir 1 � •' I ; y r' r i ■• ill• �71 w }} i.• f.V ✓♦ �RI>M w •` ` i w --------------- At— w lY r � i w�• rw� ,•.r mot!-.IM"r7C/'►/i 11 „ cn m ;:jx3S �� Tf I Ave. f C )NO rarer =(- k ... u L _ _��-•, �