HomeMy WebLinkAboutCity of Tamarac Resolution R-83-231Introduced by (�
Temp. #2851
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-83 1r?9
A RESOLUTION ACCEPTING AND APPROVING A
FLO-THRU, UTILITY AND PUBLIC SAFETY
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 1: That the Flow-Thru, Utility and Public, -Safety
Easement offered by Southgate Gardens Apartments, Ltd., 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.
ATTEST:
ASSISTANT CITY CLERK RECORD OF COUNCIL VOTE
I HEREBY CERTIFY that I have MAYOR FALCK:
approved the f rm and correct-
ness of this esolution. DIST. I: C/M lr�!lITZ:
r.�. T� �
CITY DIST. 2: V/M MASSARO:
TTORNEY
f ` DIST. 3: C/M STELZER:
DIST. 4: C/M KRANTZ:
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FLO—THRUM UTILITY AND PUBLIC SAFETY EASEMENT
This Flo—thru, Utility and Public Safety Easement made this day of
September, 1983, 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 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.
2. 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.
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.
J
4. 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:
fitness
i.tn,ess
Signed, sealed and
delivered in the presence of:
(GRANTOR)
SOUTHGATE GARDENS APARTMENTS, LTD.,
a Florida limited partnership
BY: CARDINAL INDU TRIES OF
FLORIDA, INC., as eneral partner
BY: W
rA. n. rgs5, vice-rresident
(GRANTEE)
CIT
I. -we
':2e
Witness / y
Y OF TAMA C
r¢ y's /e.
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 and official seal in the County and State last
aforesaid this i-7` day of September, 1983..
J
r /
Notaty Public - tate_oF'io=icra_
My Commission Expires:
Notary Public, Stnto of Florid,* at Large
My commission expires January 15, 1965
Bonded thru lawyers Surety Corp.
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Parcel A, SOUTHGATE GAR ENS, according to the plat
thereof recorded In Plat look 77, Page 27 of the Public
Records of Bravard County, Florida.
Less and except:
Beginning at the portbvest (NW) corner of said Parcel
A; thence S. 89'33'35" ff., along the Forth Boundary of
said Parcel A, and the South right -of -war line of
Soutbgate Boulevard, 920.35 feet; thence S.
0026125V., 98.00 feet; thence S. 89"33135"E., 115.00
feet; thence S. 00'26'25"Y. 132.00 feet; thence N.
89033135" V., 75.00 feet; thence S. 00'26125" Y., 21.00
feet; thence H. 89033'35" V., 32.00 feet; thence S.
00026125" V., 49.00 feet; thence N. 89'33135"W., along
the South Boundary of said Parcel A, 925.17 feet to the
Southwest (SV) corner of said Parcel A; thence V.
00'12'16" Y., along the Vest Boundary of said Parcel A.
300.02 feet to the Point of Beginning.
Containing 5.271 acres and being subject to any
rights -of -way or easements of record.
Zo u r m a .wrE (3, v p
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EXHIBIT A
EXHIBIT "B"
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