HomeMy WebLinkAboutCity of Tamarac Resolution R-82-0211
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Introduced by Temp. #2147
CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
A RESOLUTION APPROVING AND ACCEPTING A
15-FOOT NON-EXCLUSIVE DRAINAGE EASEMENT
OFFERED BY DOUGLAS WOLFE, AS TRUSTEE AND
NOT INDIVIDUALLY, IN A PORTION OF PARCEL "R"
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 "R"; 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 Drainage Easement
offered by Douglas Wolfe, as Trustee and Not Individually, in a porti
of Parcel "R" 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 "R",
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 Publ=ic_Records of Broward County, Florida.
SECTION 3: This Resolution shall become effective upon its
adoption.
PASSED, ADOPTED AND APPROVED thisday of� , 1982.
MA0 _.�
ATTEST:
I HEREBY CER IFY that I have
approved the form and correct-
ness of this Resolution. RECORD OF COUNCIL VOTE
C MAYORS
C-ITY ATTORNEY DISTRICT 1:
DISTRICT
DISTRICT
DISTRICT
GRANT OF NON-EXCLUSIVE DRAINAGE EASEMENT
THIS INDENTURE, made this (off �� day of January, 1982, by and between
DOUGLAS WOLFE, 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 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 a portion of Parcel R 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
Prepared by and Return to: Victor L. Stosik, Esq.
Address: 8925 S.W. 148th Street, Suite 9B
Miami, Florida 33176
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
and year first above written.
In the presence of: 1
ID—OUGLAS W
NOT INDIVIL
ACCEPTANCE OF GRANT OF NON-EXCLUSIVE
instrument on the ay
r
'E, AS TRUSTEE AND
LLY
AINAGE EASEMENT
The CITY OF TAMARAC does hereby accept the foregoing Grant of Non -
Exclusive Drainage Easement.
In the presence of:
CITY OF TAMARAC
By: l
1 r alck, or
Attest: Q
y C erk
-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 be
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 (04-4 day of JgN _i1 It R N , 1982.
Notary Publi1c, State of Florida at Large
My Commission Expires: Notary Pablie State of Florida at Large
My Commission Expires Feb. 26, 1984
Bonded Thru General Ins. Underwriters
STATE OF FLORIDA )
)ss..
COUNTY OF BROW ARD )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgments, personally appeared
W 4theerio—ns
W. F L K, Mayor of the City of Tamarac, and
`, City Clerk for the City of Tamarac, to me known to
be 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.
WITAIESS my hand and official seal in the State and County last aforesaid,
this,Z7 day of _, 1982.
Notary Public, State of Florida at Large
My Commission Expires:
NOWY PUBLIC! STATE OF FLORIDA AT LARGE
MY COMMISSION EXE)9APR 21 1984
@ONDED THRU GENERAL INS UN^ .".14;"i1 'S
•
-3-
JOINDER BY MORTGAGEE
The undersigned, G L Corporation, a Delaware corporation, Mortgagee under
that certain Purchase Money First Mortgage executed by Douglas Wolfe, as Trustee
and not individually, to G L Corporation, dated January 11, 1982, and recorded
January 13,1982 , under Clerk's File No. 82-9304 , in '
Official Records Book 9979 , at Page 5 5 6 , of the Public Records of
Broward County, Florida, in the original principal amount of $410,300.00, 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 --- day of
, 198•�.
0 0
WITNESSES: G L CORPORATION
By: 4-4
icF President
Attest: Id A
4S.V Secretary
STATE OF )
)ss.:
COUNTY OF (2-o-k )
BEFORE ME, the undersigned authority, this day appeared
e�M�_ and �. S.1Q ,both being to me
well know and known by me to be�theJand
respectively, of G L Corporation, a corporation under the
laws of the State o Delaware, 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 A.D., 198���.`-�w-�
on this, the day of
.
e _
otary Public
My Commission Expires:
M
EXHIBIT "A"
DESCRIPTION: A 15.00 Foot Drainage Easement Lying'7.50 Feet Either
Side of the Following Described Centerline
Being in Parcel "R", of WOODLAND LAKES, according to the Plat thereof,
as recorded in Plat Book 71, Page 18, of the Public Records of Broward
County, Florida, the centerline being more particularly described as
follows:
Y COMMENCING at the Northeasterly corner of said Parcel "R"; thence
North 89 O1'15" West along the North line of said Parcel "R", a distance
of 610.09 feet to the POINT OF BEGINNING of this description; thence
South 05 00'00" West, a distance of 27.00 feet, thence South a distance
of 55.00 feet, thence North 73 57'47" West, a distance of 87.68 feet
to a point hereinafter described as Point "A"; hence North 24 00100"
East, a distance of 35.00 feet; thence North 05 00'00" East, a distance of
27.00 feet to the Point of Terminus. Said point being further described as being
on the North line of said Parcel "R" together with the following des-
cribed centerline.
BEGINNING at the aforementioned Point "A", thence South 21000100" West,
a distance of 45.00 feet to the Point of Terminus, together with the
following described centerline.
COMMENCING at the Southwesterly corner of said Parcel "R"; thence
North 00 01'37" West along the West line of said Parcel "R", a distance
of 195.09 feet to the POINT OF BEGINNING of this description; thence
North 78 15'00" East, a distance of 25.00 feet; thence North 59 00'00"
East, a distance of 56.85 Beet to a point hereinafter described as
Point "B"; thence North 51 45'00" West, a distance of 61.59 feet; thence
North 84°15'00" West, a distance of 25.00 feet to the Point of Terminus,
together with the following described centerline.
BEGINNING at the aforementioned Point "B"; thence North 90000,00"
East, a distance of 30.00 feet to the Point of Terminus, together
with the following described centerline.
COMMENCING at the Southwesterly corner of said Parcel "R"; thence
South 89 O1'50" East along the South line of said Parcel "R", a distance
of 455.09 feet to the POINT OF BEGINNING of this description; thence
North 37 00'00" West, a distance of 80.00 feet; thence North 13 30'00"
East, a distance of 145.00 feet to the Point of Terminus, together with
a 40.00 foot Drainage Easement lying 20.00 feet either side of the following
described centerline.
COMMENCING at the Southwesterly corner of said Parcels"R"; thence South
89 O1'50" East along the South line of Parcel "R", a distance of 455.00
fe6t; thence North 37000,00" West, a distance of 80.00 feet; thence North
13 30'00" East, a distance of 145600 feet to the POINT OF BEGINNING of
this description; thence North 23 24'07" West, a distance of 68.23 feet
to a point hereinafter described as Point "C"; thence North 43 00'00" East,
a distance of 179.81 feet to the Point of Terminus, together with the
following described centerline.
BEGINNING at the aforementioned Point "C"; thence South 84045'00" West,
a distance of 312.54 feet to the Point of Terminus.
Said lands situate, lying and being in Broward County, Florida.
WEW:jms
12/30/81
80-0336
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