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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 Page 2 of 3 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, 1 E �7 1 1 Temporary Resolution #11544 December 16, 2008 Page 3 of 3 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 BONDTD TIiRU ATIA IIC BONDING CO., INC.