HomeMy WebLinkAboutCity of Tamarac Resolution R-82-305i
Introduced byp
Temp.# 2485
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-gz-306
A RESOLUTION APPROVING AND ACCEPTING A 15-FOOT UTILITY
EASEMENT FOR DRAINAGE OFFERED BY SOUTHGATE GARDENS, INC.,
SAID EASEMENT BEING ON A.PORTION'OF PARCEL "A" "SOUTHGATE
GARDENS" PLAT AS RECORDED IN PLAT BOOK 77, PAGE 27 OF THE
PUBLIC RECORDS OF BROV9M COUNTY, FLORIDA; FOR THE"SOUTH-
GATE GARDENS, INC." PROJECT; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the 15-foot utility easement for drainage
purposes offered by Southgate Gardens, Inc., said easement being on a portion of
Parcel "A", "Southgate Gardens" Plat as recorded in Plat Book 77, Page 27 of the
Public Records of Broward County, Florida, for the Southgate Gardens, Inc. project,
is hereby approved and accepted. A copy of said easement is attached hereto as
Exhibit "A".
SECTION 2: The City Clerk is hereby authorized and directed to
record said easement in the Public Records of Broward County, Florida.
SECTION 3: This Resolution shall became effective upon adoption.
PASSED, ADOPTED AND APPROVED this 7 lt�v day of , 1982.
I HEREBY CERTIFY that I have
approved the formd correctness
of this Resoluti
/ tg MAYOR
RECORD OF COUNCIL VOTE
MAYOR<
DISTRICT 1:
DISTRICT 2:
DISTRICT 3:
DISTRICT 4:
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UTILITY EASEMENT
(DRAINAGE)
THIS UTILITY EASEMENT is made this 7th day of April
1982, by SOUTHGATE GARDENS, INC., a Florida corporation
("Grantor"), to THE CITY OF TAMARAC, a municipal corporation
("Grantee").
(Whenever used herein, the terms "Grantor" and
"Grantee" shall include the respective successors
and assigns and grantees of the parties hereto,
whenever the context so admits or requires.)
W I T N E S S E T H:
WHEREAS, Grantor is the owner of that certain real
property located in Broward County, more particularly described
in Exhibit A attached hereto (hereinafter referred to as
"Servient Estate"); and
WHEREAS, Grantor desires to grant unto Grantee a non-
exclusive easement to use the Servient Estate for the purposes
hereinafter set forth;
NOW, THEREFORE, in consideration of the sum of TEN
($10.00) DOLLARS and other good and valuable considerations
paid by each of the parties hereto unto 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,
their heirs, successors and assigns, a non-exclusive easement
over, under and upon the Servient Estate for certain existing
drainage lines located on the Servient Estate, for the
benefit of the improvements located on the "South Property"
(as hereinafter defined) which are presently served by the
existing drainage lines located within the Servient Estate.
The "South Property" is certain real property adjacent to
the southern boundry of Parcel A ("Parcel A") of Southgate
Gardens, according to the Plat ("Plat") thereof recorded in
Plat Book 77, Page 27 of the Public Records of Broward
County, Florida ("Drainage Easement").
2. Grantor reserves all rights not herein granted
pursuant to this Drainage Easement including, but not limited
to, the right of free ingress and egress over and upon the
Servient Estate, the right to build roads over and across
the Servient Estate, to run utility lines over, under and
across the Servient Estate, construct improvements 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 Drainage Easement
herein granted or the exercise of the rights of use thereunder.
3. Grantor reserves the right at any time to
relocate all or any portion of the Servient Estate and the
drainage lines located therein to an alternative location
upon Parcel A and any such relocation of drainage lines
shall be at Grantor's expense. Any such relocation shall be
evidenced by a supplemental utility easement for the maintenance
of sewers ("Supplemental Easement") executed by Grantor in
favor of Grantee and a "Quit -Claim Deed" (as hereinafter
defined) recorded amongst the Public Records of Broward
County, Florida. The Supplemental Easement shall specifically
describe any additional portions of Parcel A to be subject
to the Drainage Easement which were not previously described
herein as within the Servient Estate ("Supplemental Easement
Property"). Upon recording of the Supplemental Easement,
the Supplemental Easement Property shall be included within
the Servient Estate and be subject to the terms and conditions
of this Drainage Easement. The "Quit -Claim Deed" shall
specifically describe any portions of the Servient Estate
which is no longer to be subject to the Drainage Easement
("Deleted Easement Property") and shall be executed by
Grantee and convey to Grantor all of Grantee's rights, title
and interest in the Deleted Easement Property. Upon recording
of the Quit -Claim Deed, the Drainage Easement shall terminate
as to the Deleted Easement Property.
4. Upon written request from Grantor, Grantee
agrees to execute a quit -claim deed ("Release Deed") conveying
to Grantor all of Grantee's rights, title and interest in
and to any portion of the Servient Estate, including but not
limited to, the drainage lines located therein, which is not
required for purposes of providing drainage to the South
Property.
5. Grantee agrees and acknowledges that notwith-
standing anything contained herein to the contrary, as a
condition precedent to this Drainage Easement becoming
effective, Grantee agrees to vacate the ten (10') foot wide
drainage easement running north and south as shown on the
Plat as more particularly described in Exhibit B attached
hereto and made a part hereof.
6. Grantor reserves the right and Grantee
acknowledges and agrees that Grantor has the right to tap
into the drainage lines located within the Servient Estate
in order to provide drainage for any new improvements constructed
on Parcel A.
7. The Drainage Easement is granted and Grantor's
rights hereunder are subject to zoning and/or restrictions
imposed by governmental authorities.
8. Upon the execution hereof by Grantor and
Grantee, the provisions hereof shall be binding upon the
Grantor and Grantee and their respective successors and
assigns and grantees as a covenant running with and binding
upon the Servient Estate.
9. Grantee, by acceptance hereof, is not obligated
to maintain the drainage lines located within the Servient
Estate.
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IN WITNESS WHEREOF, Grantor has hereunto set its hand
and seal on the day and year first above written.
Signed, sealed and delivered
in the »presence of:
STATE OF FLORIDA
SS:
COUNTY OF BROWARD
SOUTHGATE dARDEN,9'. � INC.
(CORPORATE SEAL)
ACCEPTED:
CITY OF TAMA C
I HEREBY CERTIFY that on this day before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared PATRICIA E. IVESTER ,
well known to me to be the PRESIDENT of
SOUTHGATE GARDENS, INC., and she acknowledged executing the
foregoing Utility Easement in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested
in her by said corporation, and that the seal affixed thereto
is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and
State last aforesaid this 7th day of April
1982.
STATE OF FLORIDA
SS:
COUNTY OF BROWARD
Notary Public, State of Florida
My Commission Expires:
Notary Public, State of Florida at Large
::iy %"Gmirission Expires Oct. is, 034
(SEAL) 11o1, frfn i..:..m.ce
BEFORE ME, on the /. -5Aday ofrzl_e� , 1982,
personally appeared l ! ,
known to me to be the of the
CITY OF TAMARAC, the municipol corporation described in the
foregoing Agreement, and he acknowledged to me that he
executed same for said City.
Notary Public
My Commission Expires:
LAOTAPY f' kIC STATE OF FLORIDA AT LARGE
Al< C'Z.'^��'',1551UN E, JI_ !S. AFR 21 11;04
(SEAL) C, RAL INIS. UND ;:`%'ti iTE"S
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