HomeMy WebLinkAboutCity of Tamarac Resolution R-95-188Temp. Reso. #7192 1
Rev. No. 1 - Sept. 6, 1995
Rev. No. 2 - Sept. 8, 1995
CITY OF TAMARAC, FLORIDA
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RESOLUTION NO. R-95-�U
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
ACCEPTING THE RIGHT-OF-WAY DEED
FROM LOUISE WEISZ FOR THE DEDICATION
OF THE REMAINING RIGHT-OF-WAY
NECESSARY FOR THE CONSTRUCTION OF
THE PROPOSED NW 67 STREET AS
DESCRIBED IN EXHIBIT "A" OF THIS
RESOLUTION; AUTHORIZING THE
RECORDING OF THE DEED WITH BROWARD
COUNTY; AUTHORIZING EXECUTION OF THE
COVENANTS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission deems it in the best interest of the citizens of
Tamarac to promote economic development; and
WHEREAS, the Tamarac Commerce Park is strategically located to attract
significant business and commerce; and
WHEREAS, the City has obtained a grant from the Florida Department of
Commerce to build NW 67 Street; and
WHEREAS, the corporations of ITW/MIMA, ITW/Loveshaw and Arch Aluminum and
Glass Company have selected this area; and
WHEREAS, all other right-of-way donations have been secured; and
WHEREAS, the Weisz Dedication has now been completed; and
WHEREAS, the City Commission needs to take action to accept the dedication on
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Temp. Reso. #7192 2
Rev. No. 1 - Sept. 6, 1995
Rev. No. 2 - Sept. 8, 1995
behalf of the City of Tamarac; and
WHEREAS, the Director of Community Development recommends approval of this
request; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to accept the Right
Of Way Deed and to execute the Covenants Running With The Land.
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 park of this Resolution.
SECTION 2: The appropriate City Officials are hereby authorized to accept
the attached Right Of Way Deed for the conveyance of title as described in Exhibit "A" to
acquire the remaining portion of right-of-way necessary for the construction of the
proposed NW 67 Street and to execute the Covenants Running With The Land.
SECTION 3: The City Clerk is hereby authorized and directed to record said
Right Of Way Deed and Covenants Running With The Land in the Public Records of
Broward County.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
LJ
n
Temp. Reso. #7192 3
Rev. No. 1 - Sept. 6, 1995
Rev. No. 2 - Sept. 8, 1995
CIF TION 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.
I N -, This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this / day of Wd'q'� 1995.
ATTEST:
aL62-��
CAROL A. EVANS, C-MC-
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MITCHELL S.`
CITY ATTOR
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08.+ 1-4/1995 13: 57 667-7004
GAVIRIA SIGLER LAW
PAGE 01
11
Instrument prepared by;
Jorge Oavirie
9769 i Dixie Nay.
Suite 201
Miami Plet'.de 371S4
306- 666-1644
RIGHT OF WAY DIED TO CITY OF TAVARAC
CONVEYS THE TITLE FOR HICMAY PURPOSES
STATE OF FLORIDA
COUNTY OF BROWARD
This indenture made thi�4of August, 1995 by and between
LOUISE WEI$Z, AS TRUSTEE of Revocable Living Trust Of Louise Weisz,
party of the first part, and the City of Tamarac, a body Corporate
and a Political Subdivison of the State of Florida, and it's
successors in interest, whose address is : I a 1 � ,L I-OGo 1vJ
[-6 (tycwoerQ) 'r)- -:3 v 1 W
WITNESSETH;
That- the said party of the first part, for and in
consideration of the sum of One Dollar ($1.00) to her in hand paid
by the party of the second part, the receipt whereof is hereby
acknowledged, and for other good and valuable consideration , do
hereby grant, bargain and sell to the party of the second part, and
it's successors in interest, for the purposes of a public highway
and purposes incidental thereto, all the right, title, interest,
claim or demand of the party of the first part, in and to the
following described land, situated, lying and being in the County
of Broward, State of Florida, to wit:
THE SOUTH 30.00 FEET OF THE FOLLOWING LEGALLY DESCRIBED
PROPERTY:
TRACT SEVEN (7) OF THE SUBDIVISION OF SECTION 7, TOWN$HIP 49
SOUTH, RANGE 41 EAST, ACCORDING TO THE FLORIDA FRUIT LAND$
COMPANY SUBDIVISON NO. Z, RECORDED IN PLAT BOOK 1, AT PAGE
102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID
LAND SITUATED LYING AND BEING IN THE COUNTY OF BROWARD, STATE
OF FLORIDA,, LESS THE WEST 855.93 FEET THEREOF.
TOGETHER WITH A 12 FOOT WIDE UTILITY EASEMENT ALONG THE NORTH
SIDE OF THE AFOREMENTIONED 30 FOOT ROAD RIGHT OF WAY.
It is the intention of the party of the first part, by this
EXHIBIT "All
-9s- i 'J2V
08/14/1995 13:57 667-7004 GAVIRIA SIGLER LAW
PAGE 02
C�
instrument, to convey to the said party of the second part, and
it's successors in interest, the land above described for use as a
public highway and for all purposes incidental thereto.
It is expressly provided that if and when said highway shall
be lawfully and permanently discontinued, the title to the said
land shall immediately revert to the party of the first part, he
heirs and assigns, and she shall have the right to immediately re
possess the same.
And the said party of the first part does hereby fully warrant
the title to said land, and will defend the same against the lawful
claims of all persons whomsoever, claiming by, through or under
her.
In witness whereof, the said p Kty of the first part has
hereunto set her hand and seal this J0 of August, 199s.
witnesses:
c
Name : M i L G fF a ,I. w
Name
STATE OF FLORIDA
COUNTY OF 'Rq-64n� �D
LOUISE WEISZ
I HEREBY CERTIFY, that on this 1 of August, 1995, before me,
an officer duly authorized to administer oaths and take
acknowledgments, personally appeared Louise Weisz, who has produced
the following identification: FL jyeW-i;f.S
and said person did take an oath.
Witness my signature and
SANu J. JONES
'
MY COMMISSION d CC 327496
".•`r
EXPIRES: Ncvwt)or 1. `IW
Public Unduvariron
q. ti Bonded
rm Notary
0
officia seal at Broward County.
NOTARY P LIC
08/14/1995 13:18 667-7004 (AVIRIA SIGLER LAW MAGk G!
E
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, the undersigned authority, duly authorized to
administer oaths and take acknowledgements, personally appeared
this day, LOUTSN W2188, who after being duly sworn, deposes and
says as follows:
1. My name is Louise Weisz
2. My address is: 1'� J s I J ca J r')
Houyw�ri �- L
3. I am the Trustee of record on the following legally described
real property:
TRACT SEVEN (7) OF THE SUBDIVISION OF SECTION 7, TOWNSHIP 49
SOUTH, RANGE 41 EAST, ACCORDING TO THE FLORIDA FRUIT LANDS
COMPANY SUBDIVISION NO. 2, RECORDED IN PLAT BOOK 1, AT PAGE
102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
SAIL) LANDS SITUATED LYING AND BEING IN THE COUNTY OF
BROWARD, STATE OF FLORIDA.
4. The following are the sole beneficiaries of the Louise Weiss
Revocable Living Trust:
5. Affiant gives this affidavit for the purpose of inducing the
City of Tamarac, a municipality of Broward County, to accept a
road right of way deed for the south 30 feet of the subject
property, and a 12 foot wide utility easement along the north
side of the 30 foot road right of way; and in compliance with
Florida Statute Sec. 286,23.
S. Affiant understands whoever makes a false statement which they
do not believe to be true, under oath, not in an official
proceeding, in regard to any matter, shall be guilty of a
misdemeanor of the first degree, punishable by a definite term of
imprisonment not exceeding one (1) year, as provided in Chapter
775 of the Florida Statutes.
Louise Weisz `
STATE OF FLORIDA
COUNTY OF BROWARD
Sworn to and subscribed before me this V-"' of August, 1995
by LOUISE WEISZ, who is personally known to me or who has
produced her Florida Driver's License as identification.
N T T PUBLIC
SANDRA J. JONES
My COMMISSION M CC 327488
; • EXPIRES: Nav/mNr 1, IM
.�'", B-N Tt WCUY POW UndenvAtsn,
9
STATE OF FLORIDA )
COUNTY OF BROWARD
ss: Acknowledgement of City of Tamarac
)
BEFORE ME, the undersigned authority this day personally appeared Norman
Abramowitz, Mayor, and Robert S. Noe, Jr., City Manager, and acknowledged to me
and before me that they executed the above and foregoing contract for the uses and
purpose therein expressed with due authority in that behalf from the City Council of the
City of Tamarac, Broward County, Florida.
IN WITNESS WHEREOF, I have
hereunto
set my
hand and official seal at
Tamarac, Broward County, Florida on this
day of
—cj;&X41995.
. 11y PV9 OFFICIAL NOTARY WAL
G KAtfEN LEE JACKSON
y OOMMISS10N NUMBER
a CC201B76
MY COMMISSION EXP.
OF F101 MAY 14 1996
ZPersonally known to me
Produced identification
Nota Public, State of Florida at
Large
�
Print or Type Name of Notary Public
Commission Number & Expiration Date
s - / ,?O
00/14/1995 13:18 667-7004 GAVIRIA SIGLER LAW PAGE 06
COVENA arS RLWING WXTH 2s LAM
fh
This agreement is entered this of August, 1995 between
Louise Weisz, "Weisz" and The City of -Tamarac, "City" a
political subdivision of the State of Florida;
WHEREAS, Weisz has agreed to convey a certain parcel of
land, more specifically described in the attached Right of Way
Deed, marked as Exhibit "A";
WHEREAS, Weisz has further executed an Affidavit setting
forth the interest holders in the subject lands, in compliance
with Florida Statutes Sec. 286.23;
NOW THEREFORE, in consideration for the mutual covenants,
and other good and valuable consideration, receipt and
sufficiency which are hereby acknowledged, the parties agree as
follows:
1. Weisz shall not be liable for any cost or fees having to do
with or related to the construction of the road, improvements, or
the construction of water and sewer facilities that is
contemplated in the subject parcel being conveyed to the City.
2, Weisz shall be liable for proportionate future impact fees
that are customary and normal.
This agreement shall run with the land and be binding on
subsequent owners, heirs and assigns. i
witness
Pp'v DALq �. `-'rotit S i f
s. `,� N
C�1P1)t F). �vAA.,'S,UT`i GL�2t
STATE OF FLORIDA
C ty Tamarac
By:
0�2� flnJ A1KgAMoW 1 rz / M Ry
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this 10day of August, 1995, before me, an
officer duly authorized to administer oaths and take acknowledgments,
personally appeared Louise Weisz, who has produced the following identification
FLA L) ak15-e, �� t.ev.3 and said person did take an oath.
Witness my signature and official seal at Broward County.
NOTARY PUBLIC
SANDRA J. JONES
MV COMMISSION k CC 321496
EXPIRES: Nevember 1, 1997
8omled Thru Notary Puboo W&Av"tere