HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-009Temporary Resolution #11544
December 16, 2008
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- ® q
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING AND
AUTHORIZING THE EXECUTION OF THE QUIT -CLAIM
DEED BETWEEN THE CITY OF TAMARAC AND
SABAL PALMS SOUTH PROPERTY OWNERS'
ASSOCIATION, INC., ATTACHED HERETO AS
EXHIBIT "A"; DIRECTING THE APPROPRIATE CITY
OFFICIALS TO TAKE ANY AND ALL ACTION
NECESSARY TO EFFECTUATE THE INTENT OF THIS
RESOLUTION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Sabal Palms South Property Owners' Association, Inc.
(hereinafter referred to as the "Association") owns Tract C-1 (canal) and Tract C-2
(canal) of the Sabal Palm by Prestige Plat (hereinafter referred to as the "Plat"),
recorded in Plat Book 178 at Page 71 in the Public Records of Broward County; and
WHEREAS, the City of Tamarac, Florida (hereinafter referred to as the "City")
owns certain limited real property generally located on the Plat of the Mainlands of
Tamarac Lakes Sixth Section, recorded in Plat Book 65 at Page 45 in the Public
Records of Broward County, which (connects or interconnects) Tract C-1 (canal) and
Tract C-2 (canal), referenced above; and
WHEREAS, the City and the Association have engaged in discussions and
reached an agreement whereby the City would convey certain real property to the
Association thereby providing the Association with an undivided parcel connecting its
waterways and requiring the Association to be responsible for the maintenance thereof;
and
Temporary Resolution #11544
December 16, 2008
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WHEREAS, City Staff have reviewed the Quit -Claim Deed attached hereto as
Exhibit "A", and incorporated herein, and have concluded that the conveyance detailed
therein is consistent with the City's discussions with the Association; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems the
execution of a Quit -Claim Deed transferring certain real property to the Sabal Palms
South Property Owners' Association to be in the best interests of the citizens and
residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The City Commission hereby approves the Quit -Claim Deed
attached hereto as Exhibit "A" between the City and the Sabal Palms South Property
Owners' Association, and authorizes the execution thereof. The appropriate members of
City Staff are hereby further directed to take any and all action necessary to effectuate
the intent of this resolution.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
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Temporary Resolution #11544
December 16, 2008
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in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS v(5 DAY OF GXm4wA41 2009.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
A IU G 0 R E N
CITY ATTORNEY
BETH TALABISCO, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCP
DIST 1: COMM BUSHNELL l
DIST 2: VM ATKINS-GRAD'
DIST 3: COMM GLASSER G
DIST 4: COMM. DRESSLER 2��
Prepared by/Return to:
George W. Mathews, Esquire
Mathews & Piazza, P.A.
Suite 104, 132E S. Congress Avenue
Boynton Beach, FL 33426
Folio No.: None designated.
QUIT -CLAIM DEED
T141S QUIT -CLAIM DEED, made this A day of January, 2009, between CITY OF TAMARAC, a
Florida municipal corporation, whose address is 7525 N.W. 88" Avenue, Tamarac, FL 33321 (hereinafter
referred to as "Grantor") to SABAL PALMS SOUTH PROPERTY OWNERS ASSOCIATION, INC., a
Florida Not for Profit corporation, whose address is 11784 West Sample Road, Suite 101, Coral Springs,
FL 33065 (hereinafter referred to as "Grantee"), "Grantor" and "Grantee" are used for singular or plural, as
context requires.
WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby
quit -claims remise, release, and quit -claim unto the said Grantee forever, all the right, title, interest, claim and
demand which said Grantor has in and to the following described lot, piece or parcel of land situate, lying and
being in Broward County, State of Florida, to wit:
That portion beginning at the northern water's edge and extending to the southern water's edge of that
certain parcel marred "WATERWAY" as shown on the Plat of THE MAINLANDS OF TAMARAC
LADES SIXTH SECTION, according to the Plat thereof, as recorded In Plat Book 65, Page 46, of the
Public Records of Broward County, Florida.
The parcel marked "WATERWAY" is located between Lot 1, Block 118 and Lot 24, Block 107, of said
Plat and, between Lot 1 through 10, Block 122 and Lots 50 through 61, Block 108, of said Plat.
SUBJECT to the right of the Mainlands Section 6 Civic Association, Inc. and the adjacent owners to use
thewaterway for irrigation purposes but without the responsibility of the grantee to maintain irrigation
lines or water levels,
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or
in anyway appertaining, and all the estate, right, title, interest, lien, equity, and.claim whatsoever of the said
Grantor, either in law or equity, to the proper use, benefit and behalf of the Grantee forever.
(Signature Page Follows)
1N WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and year first above written.
Signed in the presence of :
Witness
V
Witness
STATE OF FLORIDA
COUNTY OF BROWARD
CITY OF TAMARAC, a Florida municipal
corporation
The foregoing instrument was acknowledged before me this day 'of January, 2009, by
as Q � V rofthe City ofTamarac, Florida who is personal\
\known to me or who has produced as identification.
Name:
Notary Public -State of Florida
Commission No.: 7
My commission expires:
NOTARY PUBLIC -STATE OF FLORIDA
Tina A Wheatley
Commission # DDS81925
Expires: AUG. 06, 201.0
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