HomeMy WebLinkAboutCity of Tamarac Resolution R-82-022Introduced by /114 � '
Temp. Reso. # 2152
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. �-,e
A RESOLUTION APPROVING AND ACCEPTING A 15-FOOT NON-
EXCLUSIVE OFF -SITE DRAINAGE EASEMENT OFFERED BY
C.W.C.C., INC., IN A PORTION OF PARCEL "G" OF
WOODLAND LAKES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 71, AT PAGE 18, OF THE PUBLIC
RECORDS OF BM0 ARD COUNTY, FLORIDA, FOR THE PROJECTS
KNOWN AS WESTVIEW AT COLONY WEST/PARCEL "R" AND 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 Off -Site Drainage Easement
offered by C.W.C.C., Inc., in a portion of Parcel "G" of Woodland Lakes, according
to the plat thereof, as recorded in Plat Book 71, at Page 18, of the Public Records
of Broward County, Florida, for the projects known as Westview at Colony West/
Parcel "R" and Parcel "L", is hereby approved and accepted. A copy of said
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 adoption.
PASSED, APPROVED AND ADOPTED this Of
, 1982.
ATTEST
SISTANT CITY CLERK
I HEREBY CERTIFY that I have approved
the form and correctness of this
RESOLUTION
CITY ATTORNEY
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
MAYOR
RECORD OF COUNCIL VOTE
GRANT OF NON-EXCLUSIVE DRAINAGE EASEMENT
THIS INDENTURE, made this a v'day of January, 1982, by and between
C.W.C.C., INC., a Florida corporation not for profit, having its principal place of
business in Tamarac, Broward County, Florida, and whose post office address is c/o
Michael J. Salomon, Esq., 621 South Federal Highway, Suite 99 Fort Lauderdale,
Broward County, Florida 33301, hereinafter called "GRANTOR", and the CITY OF
TAMARAC, a Municipal corporation of the State of Florida, whose principal place
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 Parcel G 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, 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 drainage 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 drainage
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 drainage easement on,
over, upon, under and across the land described in Exhibit "A", for the construction,
installation, operation, maintenance and service of underground pipes for the
transportation of water for other than sewer purposes; with the right to recon-
struct, repair, improve, add to, change the size of or remove such underground
pipes; with the right of ingress and egress over, and upon the land described in
Exhibit "A" and adjacent land owned by Grantor, as may be reasonably necessary
for the purpose of exercising the drainage easement herein granted; also, to cut,
trim and keep clear all trees, brush and undergrowth or other obstructions that
might endanger or interfere with said drainage facilities, on, over, upon, under, and
across said strip or parcel of land; provided, however, that such construction,
�- installation, operation, maintenance and/or 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 all 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 easement for said purposes are and shall be a non-exclusive drainage .••.
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 Drainage Easement.
IN WITNESS WHEREOF, GRANTOR has executed this instrument on the day
and year first above written.
In the presence of:
ACCEPTANCE OF GRANT OF NON-EXCLUSIVE DRAINAGE EASEMENT
The CITY OF TAMARAC does hereby accept the foregoing Grant of Non -
Exclusive Drainage Easement.
In the presence of: CIT)
% 7, / r,...
Atte
-2-
43M
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
DAVID ROSEN, President of C.W.C.C., INC., a Florida corporation not for profit,
to me known to be the person who executed the foregoing instrument, and he
..1 acknowledged before me that he executed the same, on behalf of said corporation.
WITNESS my hand and official seal in the State and County last aforesaid,
this to day of January, 1982.
Notary PMlic, State of Florida at Large
My Commission Expires:
NOTARY PUBLIZ STATE OF FLORI A AT CAVQ
MY COMMISSION EXPIRE$ JULY 11 1984
F014DED 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
?eot�hepperstns who xecuted 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 hand and official seal in the State and County last aforesaid,
this day of January, 1982.
My Commission Expires:
NO ARYY EVAU9 STATE OF FLORIDA AT LAeG_
61Y COMM15$'OV EMIM APR 271984
LIO''4DE0 YHRU GF"N@ZAL INS:
Notary Public, State of Florida At Large
-3-
JOINDER BY MORTGAGEE
The undersigned, C.W.M., INC., a Florida corporation, Mortgagee under the
following mortgages, to wit:
a. Mortgage executed by C.W.C.C., Inc. to C.W.M., Inc., dated
March 16, 1979 and recorded March 19, 1979, under Clerk's File No. 79- 'ar.;
84224, in Official Records Book 8102, at Page 178, of the Public
Records of Broward County, Florida, in the original principal amount of
$467,500.00; and
b. Mortgage executed by C.W.C.C., Inc. to C.W.M., Inc., dated
January 17, 1981 and recorded February 4, 1981, under Clerk's File No.
81-35340, in Official Records Book 9395, at Page 787, and re -recorded
on July 7, 1981, under Clerk's File No. 81-192663, in Official Records
Book 9677, at Page 238, both of the Public Records of Broward County,
Florida, in the original principal amount of $585,000.00;
covering all/or a portion of the property described in the foregoing Grant of Non -
Exclusive Drainage Easement, does hereby acknowledge that the terms of said
Grant of Non -Exclusive Drainage Easement are and shall be binding upon the
undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this .40_
day of January, 1982.
C.W.M., INC. ---�
By:
Morris Brown /—Or President
1.
Attest: �C.__
/95-S7- Secretary
STATE OF FLORIDA )
)ss.:
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, this day appeared
rl�n IS )?ReMIAI and &Ar, (AAI v' Rmfi& , both being to me
well known and known by me to be the V/L' c RE_S r DeyT and
AAA7 S '.'R-rT_ , respectively, of C.W.M., INC., a corporation under
the laws of the Sta of Florida, and which said Corporation is known by me to be
the Corporation described in the foregoing instrument, the said Officers of the said
Corporation being likewise known by me to be the Officers thereof who, in their
official capacities as such Officers of said Corporation, executed, signed and
delivered the said instrument as the act and deed of said Corporation, and the said
Officers of said Corporation then and there severally acknowledged to and before
me that they executed the said instrument, acting in their said official capacities,
for and as to the act and deed of said Corporation and in its name, and impressed
thereon its Corporate Seal, for the uses and purposes therein mentioned, and after
being duly authorized and directed.
WITNESS my hand and official Seal at 74_ 1V, AR4C , Broward
County, Florida, on this, the _4a_ day of January A.D., 1982.
Notar lic, State of Florida at Large
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA AT LARCj
MMY COMMISSION EXPIRE$ JULY 11 1984
Q )NDFn TWO I)
JOINDER BY MORTGAGEE
The undersigned, SUMMIT BANK, a Florida banking corporation, Mortgagee
and/or Secured Party under the following instruments, to wit: ,
a. Mortgage and Security Instrument executed by C.W.C.C.,
Inc. to Summit Bank, dated December 22, 1980 and recorded December
23, 1980, under Clerk's File No. 80-377430, in Official Records Book
' 9316, at Page 770, of the Public Records of Broward County, Florida, in
the original principal amount of $1,000,000.00; and
b. UCC-1 Financing Statement executed by C.W.C.C., Inc. to
Summit Bank, recorded January 14, 1981, under Clerk's File No. 81-
12183, in Official Records Book 9354, at Page 856, of the Public
Records of Broward County, Florida;
covering all/or a portion of the property described in the foregoing Grant of Non -
Exclusive Drainage Easement, does hereby acknowledge that the terms of said
Grant of Non -Exclusive Drainage Easement are and shall be binding upon the
undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this
day of January, 1982.
SUMMIT BANK
By:
Assistant Vice Presiden
Attest:
A/nk)
Secret ry
STATE OF FLORIDA )
)ss.:
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, this day appeared
_�/ AR �i f R and &IVA k(7,41h ym both being to me well known
and 'know me to be the and s C p,57,qe4 ,
respectively, of Summit Bank, a banking 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 thereof 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 official Seal at G , Broward
County, Florida, on this, the a6*Iday of Januar A.D., 1982.
otary Public, State of Florida at Large
My Commission Expires:
NOJARY PUBUC STATE Or FLUKIUA Ai LAKI,C
M-T COMMISSION EXPIRES ftb 6 1985
JiCMD INRU .GENERAL INS, UNUtKVVK11ER5
EASEMENT !1
DE-SCRIPTION:' A 15.00 Foot Off -Site Drainage Easement lying 7.50
` Either Side of the Following Described Center-
line
A portion of Parcel "G", 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 Parcel "R" of said WOOD-
LAND LAKES; thence South 89°O1'S0" East along the South line
of Parcel "R", a distance of 455.00 feet to the POINT OF BE-
GINNING of this description; thence South 37 00100" East, a
distance of 170.00 feet to the Point of Terminus.
Said lands situate, lying and being in Broward County, Florida.
EASEMENT 02
DESCRIPTION: A 15.00 Foot Off -Site Drainage Easement Lying 7.50
Feet Either Side of the -following Described
Centerline
A portion of Parcel "G", 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 Southeasterlyocornerof Parcel-"L" of said
WOODLAND LAKES; thence North 00 01137" West along the Easterly
boundary of said Parcel "L", a distance of 370.00 feet to the
POINT OF BEGINNING of this description; thence North 40 00100"
East, a distance of 160.00 feet to the Point of Terminus.
Said lands situate, lying and being in Broward County, Florida.
MEW/tlp
12/14/81
81-0219
Rev. 12/16/81
Page 1 of 3 Pages
Exhibit "A"
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