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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 �f 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 1 1 1 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 community development\c:\userdata\wpdata\res\weiszded\pbs RECORD OF COMA MAYOR ABRAMOWITZ DIST. 1: V / M KATZ DiS1'. 2: COMM. MISHKIN LNS T. 3: COMM. SCHREIBER DST. 4: COMM. MACHEK VOTE f . . A.---:%% W" M PT. l R/Ir D.f.. -/(;ONNECTOR a mli I 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