HomeMy WebLinkAboutCity of Tamarac Resolution R-90-070WE
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Temp. Reso. #5723
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-90- `70
A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA,
ACCEPTING THE GRANT OF A QUIT --CLAIM DEED AND
RESERVATION ("DEED") FOR LAND SECTION 7 CANAL
PROPERTY AND AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE SAID CONVEYANCE FOR
RECORDING IN THE PUBLIC RECORDS OF BROWARD
COUNTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the City Council of the City of Tamarac,
Florida, does hereby accept the grant of a Quit -Claim Deed and
Reservation ("Deed") for Land Section 7 canal property, a copy of
said document being attached hereto as "Exhibit 1".
SECTION 2: That the City Clerk is hereby authorized and
directed to record said document in the public records of Broward
County, Florida.
SECTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this 6 day of 1990.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Re olut n as
to rm.
ALAN F. R
INTERIM CI ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR
6§8MMITZ
DISTRICT 1:C/M
ROHR „..,
DISTRICT 2:
C/M STELZER
DISTRICT 3:
C/M HOWdal
DISTRICT 4.
V/M BEN
QUIT -CLAIM DEED AND RESERVATION
This Quit -Claim Deed and Reservation ("Deed") is executed this _( day
1990
of t989, by RICHARD C. JONES, as Trustee of Land Trust No.
Section 7 ("GRANTOR"), to THE CITY OF TAMARAC, a Florida Municipal Corporation
iS�S ,YUJ g fr,� A Jan! vLF
having an address at Tamarac, Florida 33321 ("GRANTEE").
WHEREAS, GRANTOR is the owner of certain real property, a portion of which
is intended for use as a drainage canal located immediately south of the
east -west quarter section line of Land Section 7, City of Tamarac, Broward
County, Florida ("GRANTOR's Property"); and
WHEREAS, GRANTEE is the owner of certain real property located in the City
of Tamarac, Broward County, Florida, which is adjacent to GRANTOR'S Property
("GRANTEE's Property"), and GRANTEE desires to obtain a portion of GRANTOR's
Property for the purpose of drainage and procurement of fill material in
connection with the development of GRANTEE'S Property as a public
work/utilities administration site; and
WHEREAS, pursuant to that Amended Stipulated Settlement Agreement,
executed by GRANTOR and GRANTEE, and Order entered in Case No. 83-13334 DF, in
the Circuit Court of the 17th Judicial Circuit of Broward County, Florida,
GRANTOR and GRANTEE agreed as to the following:
(i) that it would be necessary to provide for an east -west
drainage canal, immediately south of the east -west quarter section line;
(ii) that the drainage canal and maintenance right-of-way shall be
one hundred twenty (120) feet in width;
(iii) that it would be the responsibility of GRANTOR to dedicate
said right-of-way and construct the drainage canal in accordance with certain
design specifications in effect on May 30, 1985;
(iv) that any and all materials removed from the drainage canal
right-of-way shall be the sole property of Grantor;
(v) that notwithstanding the foregoing, in the event GRANTEE
desired to utilize materials from the drainage canal right-of-way as fill for
GRANTEE's property prior to construction of the drainage canal by GRANTOR,
GRANTEE would be entitled to remove material for such purposes from an area of
the canal right-of-way not to exceed the easterly most s;-A hundred fifty (650)
feet, and the GRANTEE shall construct, at its sole expense, the drainage canal
CITY OF TAMARAC 1
7525 N. W. 88 AVENUE
F/0242T/12 TAMARAC, FLORIDA 33321 S 0
City Clerks Dept.
a-ia-10
(in accordance with design specifications in effect May 30, 1985 for that
portion of the drainage canal) within the excavated area of the canal
right-of-way; and
WHEREAS, GRANTEE now desires to utilize materials from the drainage canal
right of way as fill for GRANTEE's Property prior to the construction of the
drainage canal by GRANTOR; and
WHEREAS, GRANTOR is willing to convey a portion of GRANTOR's Property, as
more particularly described on Exhibit "A" attached hereto and incorporated
herein by reference ("Subject Property"), to GRANTEE by this Quit -Claim Deed
subject to certain conditions and provided there is reserved and granted unto
GRANTOR certain rights of use as to the Subject Property; and
WHEREAS, GRANTOR and GRANTEE desire to enter into this Deed to specify
their respective rights as to the Subject Property;
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration paid by each of the parties hereto to
the other party, receipt of which is hereby acknowledged by both parties, the
parties do hereby grant and agree as follows:
1. The above recitals are true and correct and are incorporated herein.
2. GRANTOR does hereby remise, release and quit -claim unto GRANTEE, all
the right, title, interest, claim and demand which the GRANTOR has in and to
the Subject Property, SUBJECT TO the following reservations unto GRANTOR:
(a) GRANTOR hereby reserves and GRANTEE hereby grants unto
GRANTOR a perpetual easement over, under and through
the Subject Property for the benefit of the property
legally described on Exhibit "B" attached hereto and
incorporated herein by reference ("Remaining
Property") for the purpose of providing such drainage
retention, flowage, runoff, open space, maintenance
and related uses and activities.
(b) GRANTOR shall have the right, but not the obligation,
said right being hereby reserved and granted unto
GRANTOR, to enter upon the Subject Property for the
purposes of construction, erection, maintenance and
repair of a drainage system for the Remaining
Property, including, but not limited to, the right to
remove material and any structures or appendages
constructed thereon from the Subject Property as
necessary to construct, erect, maintain, or repair a
drainage system of sufficient capacity to service the
�. Remaining Property.
(c) GRANTOR further reserves the right, but not the
obligation, to include the Subject Property or any
portion thereof, within any and all applications for
land use, zoning, platting, site plan and other
governmental development permits which GRANTOR may,
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F/0242T/12
from time to time, submit to any governmental entity
relating to the Remaining Property, and GRANTEE agrees
to cooperate in the execution of any and all such
applications, plats or related documents as may be
required by any governmental entity.
3. GRANTEE agrees to construct, at its sole expense, a drainage canal
and maintenance area on the Subject Property in accordance with certain design
specifications in effect May 30, 1985, and to maintain the Subject Property as
a drainage canal and maintenance area with the most westerly one hundred
seventy-five feet (175') of the Subject Property having at all times at least
a twenty feet (20') wide maintenance area on the south side of the Subject
Property abutting the drainage canal and a twenty feet (20') wide maintenance
area on the north side of the Subject Property abutting the drainage canal.
4. GRANTOR and GRANTEE hereby covenant and agree it is the intention of
the parties, by the execution of this Quit Claim Deed and Reservation, that
GRANTEE shall be obligated to proceed with the timely construction of the
drainage canal within the Subject Property, as provided in paragraph 3 hereof,
and that in the event GRANTEE proceeds with the construction of the drainage
canal prior to GRANTOR electing to exercise its right of construction as
reserved in paragraph 2(b) hereof, then, solely in that event, GRANTEE shall
. be entitled to utilize materials from the Subject Property for fill material
as needed for GRANTEE's Property.
5. At least thirty (30) days prior to commencement of the construction
contemplated by the execution of this Quit Claim Deed and Reservation, GRANTEE
shall provide to GRANTOR written notice of the date GRANTEE intends to
commence construction and shall provide building plans for review and approval
by GRANTOR, which approval shall not be unreasonably withheld. GRANTOR
acknowledges that time is of the essence for this review and approval and
shall give written notice to GRANTEE of its approval or disapproval of the
building plans submitted at least ten (10) days prior to the date of the
proposed commencement of the construction as set forth in the written notice
from GRANTEE to GRANTOR. GRANTEE shall not commence construction without
receipt of written notice of approval of the building plans by GRANTOR.
GRANTEE shall additionally provide written notice to GRANTOR within thirty
(30) days after the substantial completion of the construction contemplated
herein.
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F/0242T/12
6. The parties hereto acknowledge and agree that this Deed is executed
by RICHARD C. JONES not individually nor personally, but solely as Trustee in
the exercise of the power and authority conferred upon him as Trustee, and it
is expressly understood and agreed that nothing contained herein shall be
construed as creating liability on the Trustee personally to perform any
. covenant, undertaking, representation or agreement, either expressed or
C�
E
implied, contained herein, all such liability of the Trustee, if any, being
expressly waived by the GRANTEE; insofar as such Trustee personally is
concerned, the GRANTEE shall look solely to the real estate described on
Exhibit "B" for the payment or performance of any undertaking, representation,
agreement or covenant, either express or implied, contained herein.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature.
Signed, sealed and delivered
in the presence of:
Ar
r
Z2
P. Kell , Manager
rol A. EVaEs, ity Clerk
as to `toarm;
Alan Fr Ruf
Interim Cif«
GRANTOR:
By:
RY'clAard C. nes, astrustee
forlr Land rust No. Section 7
Dated: j -a o -90
GRANTEE:
CITY OFA TAMARAC
Dated:
4
F/0242T/12
f6�_.5 o r70
C�
0
0
STATE OF ILLINOIS )
SS:
COUNTY OF COOK )
I HEREBY CERTIFY that on this day personally appeared before me,
RICHARD C. JONES, as Trustee for Land Section No. Section 7, to me known to be
the person who signed the foregoing instrument as such person, and
acknowledged the execution thereof to be his free act and deed as such person
for the uses and purposes therein mentioned.
WITNESS my hand and official
this edO day of ^ell
STATE OF FLORIDA )
SS:
COUNTY OF BROWARD )
seal in the State and County last aforesaid
(SEAL)
Notary Publi cu F aa�c
State of f4ev4da at Large
My Commission Expires:
Z
I, HEREBYFYthat on this day personally appeared before
me,� �,RTI
, as %7 ou of the CITY OF TAMARAC, to
me known to be the person wtio signed the toregoing instrument as such person,
and acknowledged the execution thereof to be his free act and deed as such
person for the uses and purposes therein mentioned.
WITNESS my hand and official seal in the State and County last aforesaid
this �_ day of % , 19" .iC�
a"i') —(SEAL)
Notary Public
State of Florida at Large
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA
N9 C"P"152ION EXP SEPT 17,1990
BJCDED TRRU GENERAL INS. UND.
F/0242T/12
EXHIBIT A V
SURVEY NOTCS:
1. RUPRODUCTIONG OF THIS SKETCH ARE HOT VALID UNLESS SEALED WITH AN Ell -
DOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HERCON WERE NOT ABSTRACTED FOR RIGHTS-OF-VIAY, EASWENTS,
OWNERS111 P, OR OTHCH INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO FLORIDA COORDINATE SYSTEM EAST
ZONE, GRID NORTH, TRANSVERSE MERCATOR PROJECTION (STONER/KEITH RCSUR-
VEY AS RECORDED IN HISC. MAP BOOK 31 PAGE 44 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA).
THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. UNDERGROUND FOUNDATIONS NOT LOCATED.
6. UNDERGROUND ENCROACHMENTS NOT LOCATED OR SHOWN.
7. INTERIOR IMPROVEMENTS ARE NOT SHOWN.
8. THIS SKLTCII DOES NOT REPRESENT A FIELD SURVEY AS SUCH.
LAND DESCRIPTION:
A PORTION OF TRACT 25 AND THE 15-FOOT PLATTED ROAD LYING NORTH OF SAID
TRACT. IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, OF "FLORIDA FRUIT
LANDS COMPANY SUBDIVISION NO. 2", AS RECORDED IN PLAT BOOK 1, PAGE 102 OF
THE PUBLIC RECORDS OF PALM REACH COUNTY, FLORIDA, MORE PARTICULARLY DE-
SCRIBED AS FOLLOWS:
COMMENCING A'r THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SC 1/4) OF
SAID SECTION 7; THENCE ALONG THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF
SAID SECTION 7, SOUTH 890 19' 54" WEST, 53.01 FEET TO THE POINT OF BEGIN-
NING, SAID POINT BEING ON A LINE PARALLEL WITH AND 53.00 FEET WEST OF THE
EAST LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, SAID LINE
BEING THE EAST LINE OF A 50-FOOT-BY-120-FOOT DRAINAGE AND UTILITY EASEMENT
AS RECORDED IN OFFICIAL RECORDS BOOK 14154, PAGE 484 OF THE PUBLIC RECORDS
�B4BROVIARD COUNTY, FLORIDA; THENCE ALONG SAID PARALLEL LINE, SOUTH 010 24'
" EAST, 120.01 FEET TO A POINT ON A LINE PARALLEL WITH AND 120.00 FEET
SOUTH OF THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF SAID SECTION 7;
THENCE ALONG SAID PARALLEL LINE SOUTH 89° 19' 54" WEST, 1281.73 FEET TO A
POINT ON A LINE PARALLEL WITH AND 1334.73 FEET WEST OF THE EAST LINE OF
THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE ALONG SAID PARAL-
LEL LINE, NORTH 010 24' 48" WEST, 120.01 FEET TO A POINT ON THE NORTH LINE
OF THE SOUTH HALF (S 1/2) OF SAID SECTION 7; THENCE ALONG SAID NORTH LINE,
NORTH 890 19' 54" EAST, 1281.73 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CON-
TAINING 3.531 ACRES, MORE OR LESS.
CERTIFICATE:
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON
DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND
BELIEF AS DELINEATED UNDER OUR DIRECTION IN NOVEMBER, 1988. WE FURTHER
CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STAND-
ARDS SET FORTH IN RULE 21HH-6 ADOPTED BY THE FLORIDA BOARD OF LAND SURVEY-
ORS, PURSUANT TO FLORIDA STATUTES 472.027, SUBJECT TO THE QUALIFICIATIONS
NOTED HEREON.
-14-LS7/CANAL KEITH AND SCHNARS, P.A.
ENG EE PLANN RS & SURVEYORS
BY: ON,P. WEBER, PLS
FL UA REGI:;TRATION No. 4323
OKETCH OF DESCRIPMOW
APCIRTION OF TRACT 25,
5EC.7, T 49 S., R. 41 1.,
"FLORIDA FRUITLAMDS, G0. SUB, N0. Zz
(PE3. 1, PG. 102, P. B.C.R.)
BROWARD COUWTY, FLORIDA
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