HomeMy WebLinkAboutCity of Tamarac Resolution R-95-1031
Temp. Reso. 7063
Revised 5-2-95
CITY OF TAMARAC
RESOLUTION NO, R-95-103
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS TO EXECUTE A WATER AND
SEWER UTILITIES EASEMENT AGREEMENT WITH
GERALD C. STADTMILLER AND MARGUERITA W.
STADTMILLER FOR THE INSTALLATION, MAINTENANCE
AND OPERATION OF WATER AND SEWER UTILITIES;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, an easement is required by City Code Section 22-191 and is
required to access an existing sanitary force main serving Plum Bay; and
WHEREAS, Gerald C. Stadtmiller and Marguerita W. Stadtmiller request to
reconfigure their concrete driveway and allow it to encroach into the 15' utility
easement; and
WHEREAS, Gerald C. Stadtmiller and Marguerita W. Stadtmiller have executed
a Water and Sewer Utilities Easement Agreement and a Hold Harmless Agreement with
the City of Tamarac indemnifying and holding harmless the City of Tamarac against any
and all claims arising out of the reconfiguring of their concrete driveway; and
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Temp. Reso. 7063
Revised 5-2-95
WHEREAS, it is the recommendation of the Utilities Director that a Water and
Sewer Utilities Easement Agreement be approved and executed; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the citizens and residents of the City of Tamarac to execute a
Water and Sewer Utilities Easement Agreement with Gerald C. Stadtmiller and
Marguerita W. Stadtmiller (Plum Bay) for the installation, maintenance and operation of
water and sewer utilities.
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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.
1
Temp. Reso. 7063
Revised 5-2-95
SECTION 2: That the appropriate City Officials are hereby authorized to
accept and execute a Water and Sewer Utilities Easement Agreement for lot 68 in Plum
Bay (attached hereto as "Exhibit 1") to allow legal access by City Personnel in performing
their duties, including utility maintenance.
SECTION 3: That the City Clerk is hereby authorized and directed to record
said agreement in the public records of Broward County.
L
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
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SECTION 6:
passage and adoption.
Temp. Reso. 7063
Revised 5-2-95
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of
199-15.
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUT N as
o form.
MITCHELL S RAFT
CITY ATTORNEY
NORMAN 13 RAN16WITZ
MAYOR
RECORD OF COMM
MAYOR _
ABRAMOWITZ i
DIST. i •
V / M KATZ
DIST. 2:
COMM. MISHKIN
DIST. 3:
COMM. SCHREIBER
DIST. 4:
COMM. A cmnc
4
VOTE
EXHIBIT 1
/?. 9 5--/0 3
THIS INSTRUMENT PREPARED BY
RECORD AND RETURN T0:
FRANK A. UTSET, ESQUIRE
GOLDBERG & YOUNG, P.A.
1630 North Federal Highway
Fort Lauderdale, Florida 33305
TAMARAC UTILITIES WEST
WATER AND SEWER UTILITY EASEMENT
FOR: PLUM BAY
NAME OF PROJECT
On this -_ day of March, 1995, GERALD C. STADTMILLER AND
MARGUERITA W. STADTMILLER, his wife, having an address of 9729
Grand Duke Circle, Tamarac, Florida 33321 (hereinafter "Grantor"),
expressly grants an easement to the City of Tamarac, a municipal
corporation of the State of Florida, having an address at 7525 N.W.
88th Avenue, Tamarac, Florida 33321 (hereinafter "Grantee"),
subject to the following provisions and in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable considerations
paid by Grantee to Grantor, receipt of which is hereby acknowledged
by both parties.
Grantor is the fee simple owner of that parcel of real
property, a legal description of which is attached hereto as
Exhibit "A," and incorporated by reference herein (hereinafter the
"servient estate").
Grantor hereby grants, bargains and sells to Grantee, its
successors and assigns, a perpetual non-exclusive easement under,
over and upon a portion of the servient estate, a legal description
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4, 9'5-(03
of which is attached hereto as Exhibit "B" and incorporated by
� 0 reference herein (hereinafter the "easement area").
Grantee may use the easement area for the laying, installing,
maintaining, operating and altering of water lines and appurtenant
facilities, sewer lines and appurtenant facilities as well as for
surface water storm drainage, and for other comparable public
utility purposes.
Grantee's right to utilize the easement area shall be
exclusive to the extent that Grantor shall grant no easement or
license, nor make any covenants, having the effect of permitting
use of the easement area by one other than Grantee, except Grantor
may furnish an easement to, but not limited to, Florida Power and
Light, Southern Bell, City of Sunrise Gas Department or franchised
cable TV that crosses this easement at angles. In no event shall
. any subsequent easement run parallel within the Grantee's Water and
Sewer Utility Easement.
Grantor may, for its own purposes, utilize the easement area
and shall retain a right of free ingress and egress under, over and
upon the easement area; provided that, in no event, shall any of
the rights herein reserved to Grantor impede the easement herein
granted or the exercise of the rights of use thereunder. Grantee
shall have the right to remove any natural or man-made obstructions
placed on the easement which impede the easement herein granted or
the exercise of the rights thereunder.
Grantor grants to Grantee, a perpetual non-exclusive easement
upon the servient estate whereby Grantee shall have reasonable
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�. 95 -1o�
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access necessary to fully exercise Grantee's rights within the
easement area.
The provisions of the easement shall be binding on the parties
hereto and their respective successors and assigns as a covenant
running with and binding upon the servient estate.
This easement shall not be released or amended without consent
of the Grantee as evidenced by a document signed with the same
formalities as this document.
Grantee shall record this document in the Public Records of
Broward County, Florida.
This instrument contains the entire agreement between the
parties relating to the rights granted and the obligations assumed
pursuant to this instrument. Any oral representations or
modifications concerning this instrument, shall be of no force and
effect, excepting a subsequent modification reduced to writing,
signed by the party to be charged therewith.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal
on the day and year first above written.
3
GERALD C. STADTMILL-�R
MARGUERITA W. STADTMILLER
/?- q5,/03
0 ) STATE OF FLORIDA )
SS
COUNTY OF BROWARD )
•
E
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared GERALD C. STADTMILLER
AND MARGUERITA W. STADTMILLER, his wife, to me known to be the
persons described in and who executed the foregoing .instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and official seal t r]reiJEf 14�YEE •
1995. _•: .: MY COMMISSION 0 CM1997
EXPIRES: Fe6rtiery 9
�.f1,,, Bondsd Triru Nol�y Puppc
NOTARY
Florida at Large
(Signature of Nbt&rby Fubilc)-
Print_ a I-11�' 6 ug
Commission No.c�zSSt�3
(�C). Personally known to me, or
Produced Identification
Type of I.D. Praduc
( ) DID take an oath, or ( ) DID NOT take an oath.
ATTEST*
By: 41k VyVy-Vt—r---
Robert S. Noe, Jr.,
City Manager
ATTEST:
By:
Carol A. Evans,
City Clerk
4
ACCEPTED BY CITY OF TAMARAC
GRANTEE r
By: I JH
Normanokbrak6witz,
Mayor
Date: /Q /9
By :
Robert S. Noe, Jr.,
City Manager
Date:
Appipo q as4to,,"rm:
•Mitchell S. Kraft;
City Attorney
J
R' 75-1 3
u
•
STATE OF FLORIDA
SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared Norman Abramowitz,
Robert S. Noe, Jr., Carol A. Evans, and Mitchell S. Kraft,, to me
known to be the persons described in and who executed the foregoing
instrument and they acknowledged before me that they executed the
same.
WITNESS my hand and official seal this -.10 day oftfc. ,
1995.
."PRY pce OFFICIAL NOTARY SPEAL NOT RY PUBLIC, ate of Florida at Large
O G PHYLLIS POLIKOFF
* COMMISSION NUMKER r
�r'0 17 �O�d MY COMMISSION SXP. (Name Of Notary Public: Print, Stamp, or
Niel 11-11LL�j Type as Commissioned)
(,/Personally known to me,
( ) Produced Identification
or
Type of I.D. Produced
( ) DID take an oath, or ( ►DID NOT take an oath.
tau\contract\camarac.plu
sw031795.6
5
,�- J5-/o3
. EXHIBIT "A"
LAND OESCAIPTION
CANO SECTION 8
LOT 68
A portion of LANO SECTION 8, according to the plat thereof, as
recorded in Plat Book 154, Page 48, of the public records of
Broward County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of said plat;
THENCE North 89. 36' 02' East along the North boundary of said
plat, a distance of 1199.33 feet to the POINT OF BEGINNING;
THENCE continue along the North boundary of said plat North 894.36'
02" East, a distance of t07. 05 feet:
THENCE South 010 26' 21' East, a distance of 25.33 feet;
0 HENCE South 480 29' lie west, a distance of t60. 23 feet to a point
urve concave to the Southwest (the previously described course
being radial to the next described curve);
THENCE Northwesterly along the arc of said curve having a radius of
75.00 feet. a delta of 27" 42' 5t' , an arc distance of 36. 28 feet
to a Point:
THENCE along a radial line to the aforementioned curve North 20'
46' 200 East, a distance of t18.03 feet to the POINT OF BEGINNING.
Said lands lying in the City of. Tamarac. Broward County, Florida
AKA: LOT 68, PLUM BAY 2
1�1
,t- 7540-4
•
•
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FORT LAUDERDALE TRUCK FARMS TH I S S 1 TE
PLAT BOOK 4, PAGE 31 S. C. P.
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LOCATION MAP
OT (NOT TO SCALE)
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P.O. 146, PG. 15 6. C. R.
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WEST COMMERCIAL 9OULE`7AA0
SURVEYOR'S NOTES
CERTIFY TO: PULTE HOME CORPORATION
I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID
UNLESS SEALED WITH AN EMBOSSED SUPVEYOR'S SEAL.
2, LANDS SHOWN HEREON WERE 40T ABSTRACTED FDA CERTIFIED
TO:
RIGHTS -OF -WAY, EASEMENTS, OWNERSH IP, OR OTHER GERALD
COMMONWEALTH
C. STADTMILLER AND MARGUERITA W, STAOTMILLER, HIS WIFE
INSTRUMENTS OF RECORD.
LAND TITLE INSURANCE COMPANY AND
GOLDBERG
d YOUNG, P.A.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE
FLDRIOA COORDINATE SYSTEM EAST GONE. GRID NORTH.
9729 GRAND DUKE CIRCLE
TRANSVERSE MERCATOR PROJECTION (STONER/KEITH
RESURVEY AS RECORDED IN MISCELLANEOUS PLAT BOOK
3, PAGE 44, OF THE PUBLIC RECORDS OF 8ROWARO
COUNTY, FLORIDA),
4, SUBSURFACE AND OR AERIAL ENCROACHMENTS, IF ANY,
HAVE NOT BEEN LOCATED.
5, THIS SURVEY WAS CONDUCTED FOR BOUNDARY PURPOSES
ONLY AND IS NOT INTENDED TO OELINEATE THE
REGULATORY JURISDICTION OF ANY FEDERAL. STATE,
REGIONAL OR LOCAL AGENCY, BOARO, COMMISSION OR
SUPVEYOR' S CERTIFICATE
OTHER ENTITY,
WE HEREBY CERTIFY THAT THE ATTACHED 'SKETCH OF SURVEY'
6. ALL ELEVATIONS SHOWN HEREON ARE RELATIVE TO THE
OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO
1929 NATIONAL GEODETIC VERTICAL DATUM (1929
THE BEST OF OUR KNOWLEDGE AND BELIEF AS SURVEYED IN THE
NGVOI AND EXPRESSED IN FEET.
FIELO UNDER OUR DIRECTION IN . DECEMBER , 1994,
WE FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM
TECHNICAL STANOAROS FOR SURVEYING IN THE STATE OF
FLORIDA ACCORDING TO CHAPTER 61G17-5 OF THE FLORIOA
ADMINISTRATIVE CODE. THERE ARE NO ABOVE GROUND
ENCROACHMENTS OTHER THAN THOSE SHOWN HEREON. SUBJECT
TO THE QUALIFICATIONS SHOWN HERE
FOR THE FIRM, SY:_ ---•- ^------------
MARTIN JO EPH SHATTO
PROFESSIONAL LAND SURVEYOR
FLORIDA CERTIFICATION N0.5219
REV I S I ON
DA•wN
F).
or IE OF
IELO HOAK
G I ELOBOGK ICHECnEl
/ PAGE
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JWN
10/12/94
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MJS
PLOT PLAN
RAP
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U/C TIE-IN
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l0/12/94
414/21
MJS
ADD PROPOSED UTILITIES
RAP
N/A
I N/A
MJS
FINAL SURVEY
JWN
12-19-94
428/07
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CAAIG A. SMITH & ASSOCIATES
CONSULTING ENGINEERS -PLANNERS
-SURVEYORS
1000 WEST MC NAB ROAO
POMPANO BEACH,
FLORIDA, 33069
ip
(305)782-8222
CERT. NO. LB0003110
PLUM BAY tI
LOT 68
A PORTION OF LANO SECTION 8,
AS RECORDED IN PLAT BOOK 154,
PAGE 48. BROWARO COUNTY RECORDS
CITY OF TAMARAC, BROWARO COUNTY, FLORIDA
CAC) LIBRARY: 1529-14 SCALE:
NAME: DATE: N. A.
DRAWN: JOHN NEW 12-20-94 mojicT MO.
CHECKED: I")';QA740 I2 Za•`Ttl 92-1529
FIELDWQRK: HALVERSON 12-19-94
FIELOBOOK 1428 ,PG. 07 SHEET 7 OF
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PLAT BOOK 154
ADD PROPOSED UIIUIIES I RAP I N/A I N/A MJS PAGE 46. 8ROWARD COUNTY RECOAbs
FLORIDA
FINAL SURVEY JWN 12-19-94 428/07 M 1S CITY OF TAMARAC, BROWARO COUNTY,
CRA I G A. SMITH 6 ASSOCIATES CAD L I BRARY: 1529- 14 SCALE:
NAME: DATE: I' ' 20'
CONSULTING ENGINEERS-PLANNERS
DRAWN: JOHN NEW 12-20-94
DROAD PPOJECt N0.
1000 WEST MC MC NAB
OMPANO BEACH, FlORIOA, 33069 CHECKED: M. SgArlo 12 zn 9y 92-1529
(305)762-8222 FIELDWORK: HALVERSON L2-19-94
coa s
CERT. NO. LB00031,10 FIELOBODK 1426 .PG• SHEET 3 OF 3
-�` IDS-/03 I
MAR-10-SS 12,20 FROM- GOLDBERG AND YOUNG PA ID. 3OSS649000204 PACE 12
LAND DESCRIPTION
UTILITY EASEMENT
LAND SECTION 8
A portlon of Land Section 8, according to the pplat thereof, AS
rtcarded In Plat book i63, Pepe 48, of the pubIle record$ of
Broward County. Florida. aeing more particularly described as
follows:
COMMENCING at the northwest corner of said plat:
THENCE North 99'36'02' Esst, aeon the north line of said plat.
a distance of t199.33 feet to the POINT OF IJESINNING;
THENCE continuo Morth 89'36'02' East. a dIstanco of t6.09 feat;
THENCE South 20048'20' West, a distance of 125.35 feet to the
bagglnnlnq of a non-ismggent Curve concave to the Soutnrast (said
paint bears North 3205'33• East from the radlus point of tha
next deecrloed curve):
THENCE Mortnweaterly, along the arc of said curve havingg a radius
of 75..00 feet, a delta of II132' 13', and an are Olttanee of
16. 10 feet:
THENCE Morth 20' 46' 2Q' EAst, a distance of t te. D3 feet to the
POINT OF BEGINNING.
Said lanos 0IyyInq in the City of Taearac. Browewd County, Florida
containing 1822 souare feet. mars or leas.
Ia10K
CRAIG A. SMITH & ASSOCIATES
COK'StJlTII1C E'?ICIIEE0.5•pLMMER6•Sl1RMETQtS
1000 WEST MC NAB gOAO
cdosFLORIGA.
33069
I3061762-6722
lCM. W LMM 10
SKETCH OF 5E9tA IPTION
UTILITY EASEMENT
.V%t �A 0U�1V RE
CITY OF TaNAAAC. WON CoLmTY, FLORIDA
CAD LIHRAAY: 1621YIEGO SCALE:
INANE: JOATv K A.
OflA11M: n. P£ORAZ 9w08-9a owal
CKCX9O1 CAULFIEL 07-16"
F 1ELOWWK:
r 1 oc„I ae. SKET I OF 7-
u.. wn u. w•�rwn . • a. ...+.�.. •• rA riW
MAR--10-55 12.20 FROM GOLDBERG AND
YOUNG FA
ID.
3osSG49000204
PACE
13
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0
24
40
AO
MEMM
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PARCEL "A'
OM OFFICIAL AEC0903 MR
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L.ANO SECTION 8"
SO. FT. SQUARE FEET
P. 8_
154. PG. 48 8. C. R.
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LOT 67
t
LOT 68
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44`� �- \ LOT 59
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irlsl SKETCH OF DESCRIPTION
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CRA I G A. 51t 1 N A I UQ L 18PAAr: ►s22M3e acALs:
CM"TNK E11sIMEEN3-PL - NAME DATE v20'
t= WEST MC NAB ACAO S�RAMM- a_ vEDlux ai-OA-W
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FLOI IU 3" rlmxxxa CAMF I EL �•!lfX4
(3MI IU- 8222 F I ctaror�t:
CFpT. MM LM=I lU F I ELD s11EET x OF
yoY+ LLer 90L Sac xLtwa v atna 07•yi crow id. so'VIM
,, 9'S,163
THIS INSTRUMENT PREPARED BY,
RECORD AND RETURN TO:
FRANK A. UTSET, ESQUIRE
GOLDBERG & YOUNG, P.A.
1630 NORTH FEDERAL HIGHWAY
FORT LAUDERDALE, FLORIDA 33305
HOLD HARMLESS AGREEMENT
This Hold Harmless Agreement ("Agreement") is made by GERALD
C. STADTMILLER and MARGUERITA W. STAOTMILLER, his wife,
(hereinafter jointly called "Owner"), whose permanent address is
9729 Grand Duke Circle, Tamarac, Florida 33321, hereby agrees to
the following:
R E C I T A L S
I. That the Owner is the fee simple owner of the Property
situated in the City of Tamarac, Florida described upon Exhibit
"A", annexed hereto and made a part hereof (hereinafter referred
"Property");
2. The City of Tamarac, Florida is a political subdivision
of the State of Florida (hereinafter called the "City");
3. Pulte Home Corporation, a Michigan corporation, is the
developer of the subdivision located in the City of Tamarac known
as Plum Bay (hereinafter called "Plum Bay");
4. Property is located in Plum Bay;
5. Owner desires to reconfigure the existing concrete
driveway located on the Property over an existing and proposed
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utility easement.
NOW, THEREFORE, in consideration of the City's approval and
issuance of a building permit to the Owner for the reconfiguration
of the concrete driveway located on the Property, the Owner agrees
as follows:
I. The above recitals are true and correct.
2. The Owner shall indemnify and Hold Harmless the City,
Pulte, and any beneficiary of the existing and proposed utility
easements, including but not limited to FP&L, Bell South
Telecommunications, CATV, the City of Sunrise, Plum Bay Homeowners
Association ("Association"), The Plums Master Association ("Master
Association"), harmless from and against all claims, losses,
liabilities and expenses including attorneys fees, rising out of or
in any manner caused by, Owner's reconfiguration of the concrete
drive over the existing and proposed utility easements regardless
of whether said claim, damage, loss, liability, or expense is
caused in full or in part by a party indemnified hereunder.
3. City, Pulte, Association, Master Association, and any
beneficiary of the existing and proposed utility easement will be
held harmless from the cost or obligation to restore the concrete
driveway or portions thereof caused as a result of repair or
maintenance to existing or proposed utility easements located on
the Property and encroached upon by the concrete drive.
4. It is agreed by the parties, hereto, that this Agreement
will be recorded at the Owner's expense in the Official Records of
Broward County, Florida, and that this Agreement shall be a
covenant running with the land and be binding upon the heirs,
Personal representatives, grantees, assigns and successors in
interest of the Owner.
A0'r5
•
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•
IN WITNESS WHERE F OF, the Owner has executed this Agreement
this 23 _ day of , 1995.
OWNERS
GERALD C. STADTMILLER
MARGUERITA W. STADTMILLER
STATE OF FLORIDA )
COUNTY OF BROWARD )
The £oregoin instrument was acknowledged before me this
�zS day of , 1995, by GERALD C. STADTMILLER
and MARGUERITA W. STADTMILLER, who are personally known to me (or
have produced o- as identification].
( IGNATVE OF PERSON TAKIN
ACKNOWLEDGEMENT)
.✓n�rc�'3akti ]ENNiFER TAEILING I JE Q ill I F E /e 7—gn c-iA,2 r
4 MY COMIMS.:gN / CC 284as1
oaf EP111ES:Mueti11,1957 (Name of acknowledger, typed, printed or
�x:�.,.:a•' so�adA1.1 w;0.10euna.wnn.�i stamped)
E[.D CTQ7�P0/N�tTo,�
(Title or rank (serial number, if any)
Lau\cCnrSscC\tnrmlu�.�gr
�r021695.7
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