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Home My WebLink AboutCity of Tamarac Resolution R-82-037Introduced by Temp. # 2165 1 2 3 4 5 7 8 9' 10 11 12 13 14 15 16 17 �,18 20 21 22 23 24 25 26 27 28 29 30 --'. j2 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- eX '3 i A RESOLUTION APPROVING AND ACCEPTING A 15-FOOT NON-EXCLUSIVE WATER AND SEWER EASEMENT OFFERED BY DOUGLAS WIFE, AS TRUSTEE AND NOT INDIVIDUALLY, IN A PORTION OF PARCEL "L" OF WOODLAND LADS, ACCORDING TO THE PLAT AS RECORDED IN PLAT BOOK 71, AT PAGE 18, OF THE PUBLIC RECORDS OF BROWnARD COUNTY, FLORIDA, FOR THE PROJECT' HIWWN AS WESTVIEW AT COLONY WEST/PARCEL "L"; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the 15-foot Non -Exclusive Water and Sewer Easement offered by Douglas Wolfe, as Trustee and Not Individually, in a portion of Parcel "L" of Woodland Lakes, according to the plat as recorded in Plat Book 71, at Page 18, of the Public Records of Broward County, Florida, for the project known as Westview at Colony West/Parcel "L", 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 this document in the Public Records of Broward County, Florida. SECTION 3: This Resolution shall become effective upon its adoption. PASSED, ADOPTED AND APPROVED this /y Z day of4� , 1982. ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness MAYOR: of/ this Resolution. DISTRICT (J-t�d`f�,�r�Y<"t?�� -� DISTRICT CITY ATTORNEY DISTRICT DISTRICT � E MAYOR RECORD OF COUNCIL VOTE E X A3 i T rP., R-s;�-37 GRANT OFNON-EXCLUSIVE WATER & SEWER EASEMENT THIS INDENTURE, made this C _ day of J 4Nv 419 If , 1982, by and between DOUGLAS WOLFS, AS TRUSTEE AND NOT INDIVIDUALLY, whose post office address is New River Plaza, 1507 South University Drive, Plantation, Broward County, Florida 33324, hereinafter called "GRANTOR", and the CITY OF TAMARAC, a Municipal corporation of the State of Florida, whose principal plac, of business is 5811 N.W. 88th Avenue, Tamarac, Broward County, Florida 33178, hereinafter called "GRANTEE". WITNESSETH: WHEREAS, GRANTOR is the fee simple owner of a portion of Parcel L of WOODLAND LAKES, according to the Plat thereof, as recorded in Plat Book 71, at Page 18, in the Public Records of Broward County, Florida, lying and situated in the City of Tamarac, Broward County, Florida, less and except Tract A of the Colony West Clubhouse Plat, according to the Plat thereof, as recorded in Plat Book 103, at Page 36, in the Public Records of Broward County, Florida, and more particularly described in Exhibit "A" attached hereto and made a part hereof by reference, and GRANTOR has full power and authority to grant the hereinafter described easement; and ` WHEREAS, GRANTOR is desirous of granting to GRANTEE, its successors and assigns, a water and sewer easement on, over, upon, under and across the land described in Exhibit "A" for the purposes expressed below; and WHEREAS, GRANTEE is desirous of having GRANTOR grant such water and sewer easement and is willing to accept same. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the receipt, adequacy and sufficiency of which are acknowledged, GRANTOR grants, bargains and sells to GRANTEE, its successors and assigns, forever, a permantent non-exclusive water and sewer easement on, over, upon, under and across the land described in Exhibit "A", for the construction, installation, operation, maintenance and service of such water and sewer facilities as Grantee may deem necessary (which easement shall include, but shall not be limited to sanitary sewer force mains, pump stations, water mains, pipes, manholes, catch basins, valves, wires, poles, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, change the size of or remove such facilities or any of them; to permit the attachment of service connections, laterals, conduits, wires or cables of any other Company or person; also, to cut, trim and keep clear all trees, brush and undergrowth or other obstructions that might endanger or interfere with said facilities, on, over, upon, under, and across said strip or parcel of land; provided, however, that such construction, installation, operation, maintenance and/or Prepared by and Return to: Victor L. Stosik, Esq. Address: 9925 S.W. 148th Street, Suite 9B Miami, Florida 33176 service shall be in accordance with the then -prevailing standards, as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, the County of Broward and the State of Florida; and further provided, however, that in the event any such construction, installation, operation, maintenance and/or service damages any then -existing land surface cover and/or grading,' such damage shall be repaired by the party causing or otherwise then responsible for same, in accordance with the then -prevailing standards, as prescribed and delineated by any and aid applicable ordinances of the City of Tamarac, the County of Broward and the State of Florida. TO HAVE AND TO HOLD the same to GRANTEE, its successors and assigns, forever, subject to the terms as herein set forth. This water and sewer easement for said purposes are and shall be a non- exclusive water and sewer easement to GRANTEE, its successors and assigns. GRANTOR, however, for itself, its successors and assigns, reserves the right and privilege to use the land described in Exhibit "A" for all purposes, as now and hereafter permitted by any and all applicable ordinances of the City of Tamarac, the County of Broward and the State of Florida, and not in conflict with the making of this Grant of Non -Exclusive Water & Sewer'Easement. IN WITNESS WHEREOF, GRANTOR s e cuted tli� instrument on t e day and year first above written. In the presence of: • �� DOUGLAS WOYqE, AS TRUSTEE AND NOT INDIVID A LY ACCEPTANCE OF GRANT OF NON-EXCLUSIVE WA R SEWER EASEMENT The CITY OF TAMARAC does hereby accept the foregoing Grant of Non - Exclusive Water & Sewer Easement. In the presence of: 9_1 CITY OF TAMARAC By: Walter W. Falc , ayor Attest: ity Clerk -2- STATE OF FLORIDA ) )ss.. COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared DOUGLAS WOLFE, AS TRUSTEE AND NOT INDIVIDUALLY, to me known to HIk- the person who executed the foregoing instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the State and County last aforesaid, this (o A day of jjA1N U 1'4 R y , 1982. Not y Public, State of Florida at Large My Commission Expires: IN otary Public State of Florida at Large bly Commission Expires Feb. 26, 1984 Banded Thru General Ins. Underwriters STATE OF FLORIDA ) )ss.. COUNTY OF BROWARD ) - I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared WALTER W. FALCK, Mayor of the City of Tamarac, and City Clerk for the City of Tamarac, to me known to be the persons who executed the foregoing instrument, and they acknowledged before me that they executed the same, acting in their said official capacities, for and as the act and deed of the said City of Tamarac. WITNESS my n and official seal in the State and County last aforesaid, this _L_ ay of 1982. �lI Notary Public, State of Florida at Large My Commission Expires: 6R EUoC1-Q STATE OF FLORIDA AT LAM% Pt!y CQ'.rltrti5Si0N [XF{i; 5 APR 21 l;gj EG.'17-Q ,�r1.;U F G_dcn. 1 ills ITFRj -3- DESCRIPTION: A 15.00 Foot Water Line Easement Lying 7.50 Feet Either Side of the Following Described Centerline A portion of Parcel "L", WOODLAND LAKES, according to the Plat thereof, as recorded in Plat Book 71, Page 18, of the Public Records of Broward County, Florida, being more particularly described as follows: COMMENCING at the ` Southwest corner of said Parcel "L"; thence North 00001'37" West along the West line of said Parcel "L" f a distance of 282.00 feet to the POINT OF BEGINNING of this description; thence North 90000'00" East, a distance of 95.00 feet; thence North 00 O1'37" West, a distance of 150.00 feet to a poiot hereinafter described as Point "A"; thence continue North 00 01'37" West, a distance of 200.00 feet to a inafter described as Point "B"• poi tnt here - West, a distance of 185.00 feet; thencecSouthu90�00100,'West, a distance of 65.00 feet to a point hereinafter described as Point "C"; thence continue South 90000'00" West, a distance of 30.00 feet to the Point of Terminus; said point being further described as being on the Westerly boundary of said Parcel TOGETHER WITH, the following described easement: "L"; BEGINNING at the aforementioned Point °A"; thence North 90000,00" East, a distance of 65.00 feet to the Point of Terminus; TOGETHER WITH, the following described easement: BEGINNING at the aforementioned Point "B"; thence North 90000,00" East, a distance of 65.00 feet to the Point of Terminus; TOGETHER WITH, the following described easement: BEGINNING at the aforementioned Point "C"; thence North 00001'37" West, a distance of 65.00 feet to the Point of Terminus. Said lands situate, lying and being in Broward County, Florida. WEW/tlp 12/14/81 81-0219 Rev. 12/16/81 EXHIBIT "A" Page 1 of 4 Pages I 1 ' � r• a � I t p � < Q �� as •. 1 - � - _ R � f 1---J NS NS .. If j fzQ t �� 4?aa• r �V+ �� ii� ;I ♦--- F �4 -01 r%44,y 0 0 0 0 0 llz Ar i X o �f` A F k 1 I ,�?�► 1.1 ,a 1. ,+ •+7 ee � � a7 G 1' • no Indicates Proposed WaterE Line Easement Y r PRELIMINARY SITE PLAN / N WESTVIEW AT COLONY WEST ..o.allle... wort.,.• ..e u•..a1o.• c.w.r. _ ..... 40 PARCEL 00 oleo b.Ib.a IY ....... 11 U.N.pM. II. .N 11114 11e11 111•e061 ..« .... -Page 2 of 4 Pages- DFSCRIPTION: A 15.00 Foot Sanitary Sewer Easement Lying 7.50 Feet Either Side of the Following De- scribed Centerline A portion of Parcel "L", WOODLAND LAKES, according to the Plat thereof, as recorded in Plat Book 71, Page 18, of the Public Records of Broward County, Florida, being more particularly s described as follows: COMMENCIOG at the Southwest corner of said Parcel "L"; thence North 00 01137" West along the West line thereof, a distance of 182.00 feet �o the POINT OF BEGINNING of this description; thence North 49 00'00" East, a distance of 192.00 feet; thence North 01 451001''West, a distance of 249.00 feet; thence North 04 30'00" East, a distance of 190.00 feet; thence North 33 45100" West, a distance of 150.00 feet to the Point of Terminus. Said lands situate, lying and being in Broward County, Florida. WEW/tlp 12/14/81 81-0219 Rev. 12/16/81 r EXHIBIT "A" Page 3 of 4 Pages r / \ I � __ N 2.. . . y• €_ Jill O o � s 0 0 101111,1131 *_1 Indicates Proposed Sanitary Iy Sewer Easement PRELIMINARY 1 m SITE PLAN aL_ Wv 1 O WESTYIEW AT COLONY WEST ip PARCEL "L" .,00 ..MN..1 1........• .1......... ►.«... „ea. gaol Tr.000l .... -Page 4 of 4 Pages- Y JOINDER BY MORTGAGEE 41 The undersigned, C.W.C.C., INC., a Florida non-profit corporation, Mortgagee under that certain Purchase Money First Mortgage executed by Douglas Wolfe, as Trustee and not individually, to C.W.C.C., Inc., dated October 1, 1981, and recorded October 7, 1981, under Clerk's File No. 81-279611, in Official Records Book 9831, at Page 7, of the Public Records of Broward County, Florida, in the original principal amount of $275,000.00, covering all/or a portion of the property described in the foregoing Grant of Non -Exclusive Water & Sewer Easement does hereby acknowledge that the terms of said Grant of Non -Exclusive Water & Sewer Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this Zeday of /�✓//4�C/ _ 19Rcv_ tlttesi:(t►/u'yL J • —v a.--- �s-, Secretary STATE OF FLORIDA ) )ss.: COUNTY OF BROWARD ) BEFORE ME, theand u��_gn�� hQ�, this day appeared MOW !. /�crsEit/ 77W, /�! both being to me well known and known by me to be the President and Secretary, respectively, of C.W.C.C., INC., a non-profit corporation under the laws of the State of Florida, and which said Corporation is known by me to be the Corporation described in the foregoing instrument, the said Officers of the said Corporation being likewise known by me to be the Officers thdreof who, in their official capacities as such Officers of said Corporation, executed, signed and delivered the said instrument as the act and deed of said Corporation, and the said Officers of said Corporation then and there severally acknowledged to and before me that they executed the said instrument, acting in their said official capacities, for and as to the act and deed of said Corporation and in its name, and impressed thereon its Corporate Seal, for the uses and purposes therein mentioned, and after being duly authorized and directed. WITNESS my hand and officjcV Seal at County, Florida, on this, the /a ay ofA My Commission Expires: i9 V/9/04C Notary P'W", State of Florida at Large th Commission Expires Aug. 28, 1983 20"ed !y Nn.rkan Firs g Casually Company r►