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HomeMy WebLinkAboutCity of Tamarac Resolution R-71-019CITY OF TAMARACr,� FLORIDA RESOLUTION # I-1ci WHEREAS, Behring Corporation has offered to dedicate certain rights -of -way for road purposes, and WHEREAS, the City Engineer of the City of Tamarac has provided written recommendation of acceptance of said roads, and WHEREAS, said rights -of -way haze not been improved with the installation of roads at the time of this dedication, and WHEREAS, the City Council is now desirous of accepting said road rights -of -way. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of the City of Tamarac, Florida: That those lands legally described on that Deed, a copy of which is attached hereto and made a part hereof, are hereby accepted by the City of Tamarac for road rights -of -way purposes. That because said rights -of -way have not been improved by the installation of roads the City of Tamarac accepts this dedication based upon the Agreement, a copy of which is attached hereto and made a part hereof, between the Behring Corporation and the City whereby the Behring Corporation agrees to improve said rights -of -way by installation of roads. The City Clerk and the Mayor are hereby authorized to execute the aforesaid agreement and after proper execution the City Clerk is hereby authorized and instructed to record that Warranty Deed conveying the road rights -of -way which is the subject matter of this resolution. PASSED, ADOPTED AND APPROVED r f,'4TTEST-. ;,f,� . CLERK MANAGER of 1971. AnDPPMPMT THIS AGREEMENT entered into this day of March, 1971, between BEHRING CORPORATION, hereinafter referred to as BEHRING, and the CITY OF TAMARAC, hereinafter referred to as CITY; WHEREAS, BEHRING is dedicating certain right-of-way to the CITY, said right-of-way being more particularly described in the attached Exhibit A; and WHEREAS, the CITY will accept said right-of-way, it is therefore mutually agreed as follows: 1. BEHRING agrees to install and pave the road on the right-of-way described in the attached Exhibit A and at no cost to the CITY. 2. BEHRING agrees to begin the installation and paving described in paragraph one within one year from the date of the acceptance of the right-of-way described in the attached Exhibit A by resolution by the CITY. 3. The work as described in paragraph one above shall be done in accordance with the ordinances adopted by the CITY for the installation of roads. 4. In the event BEHRING does not begin the work described in paragraph one above within the time stated in paragraph two, the CITY may, at its option, contract for the installtion of the road as described in paragraph one above and BEHRING will reimburse the CITY for the cost of the work performed under paragraph one above. In the event that the CITY exercises its option under this paragraph, the work shall be bidded and contracted for in accordance with the CITY Charter and applicable ordinances for contracting services. The CITY further agrees to give BEHRING thirty days written notice of its intention to exercise its option under this paragraph and BEHRING shall have the right to begin the installation LAW OFFICES, WILLIAM ALLEN MORSE, FORT LAUDERDALE, FLORIDA J lam. HE ,,pea and paving as described in paragraph one above at any time within that thirty day period. Should BEHRING begin the installation within the thirty days, this shall be deemed compliance with this agreement. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals to this Agreement. Witnesses: BEHRING CORPORATION J / j ( BY Vice esi entp 7Y�� Attest: Secretary C P .eJ A , Z x x;, `,- btj �A�ti7<17fdat t.. ' -2- LAW OFFICES, WILLIAM ALLEN MORSE, FORT LAUDERDALE. FLORIDA Printed for Lawyers' Title Guaranty Fund, Orlando, Florida This instrument was prepared by: WILLIAM ALLEN MORSE Warranty -DD Anorney.at.Law Bee[l 2810 E. Oakland Park Blvd. (STATUTORY FORM —SECTION 689.02 F.S.) F'T• LAUDERDALE, FLORIDA 33306 01 40 3nbrnturr, Made this 20th day of January 19 71 , Wrtturrn BEHRING CORPORATION, a Delaware corporation he County of Broward , State of Florida , grantor*, and CITY OF TAMARAC \vhose post office address is S 0 0 0 Rock Island Road, Tamarac, of the County of Broward , State of Florida grantee*, j0itttP0Srt4, That said grantor, for and in consideration of the sum of TEN AND NO/100($10.00)-------------------------------------- Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the fol- lowing described land, situate, lying and being in Broward County, Florida, to -wit: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION. This deed is given and the land conveyed hereby for road right-of-way purposes. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. ° "Grantor" and "grantee" are used for singular or plural, as context requires. Jn ttnPos 3114riPAf. Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: BEHRI CORPO TIO (Seal) BYR. D. Anderson, Vice President ) (Seal) (Seal) - 4Eward L. rant, ecretary (Seal) STATE OF FLORIDA COUNTY OF BROWARD HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally peared R. D. ANDERSON AND EDWARD L. GRANT, Vice President and Secretary respectively of BEHRING CORPORATION me known to be the person described in and who executed the foregoing instrument and acknowledged before v that they executed the same. WITNESS my hand and official seal in the County and State lastjoforesaid this Z?6 � day of January 19 71. �1v commission expires: NOTARY PUBLIC, STATE of FLt7RIDA at LARGE Notary Public MY COMMISSION EXPIRES APR. 20, 1173 BONDED THROUGH FRED W. DIBSTELHORST y 164EAST OAKLAND PARK BLVD. OAKLAND PARK FORT LAUDERDALE, FLORIDA 33308 DAVIS and CRAVEN, CIVIL AND CONSULTING ENGINEERS LAND SURVEYORS HUGH R. (DICK) DAVIS LAND PLANNERS Reg. Land Surveyor GEORGE W. CAULFIELD LAND DEVELOPMENT CONSULTANTS Reg. Land Surveyor DESCRIPTION MCNAB ROAD RIGHT OF WAY And PHONES: 566-7114 — 566-2446 INC. N 1/2 of N. W. 88th AVE. RIGHT OF WAY SECTION 8-49-41 WARREN S. CRAVEN Reg. Civil Engineer GEORGE J. LA CERRA Reg. Land Surveyor A portion of Section 8, Township 49 South, Range 41 East, according to the plat of FORT LAUDERDALE TRUCK FARMS, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida, being more particularly described as follows: Beginning at the Northeast corner of said Section 8; thence S-Oo O1' 3711 - E, along the East line thereof, 2637.99 feet; thence N-880 591 0511 - W, 53.01 feet; thence N-00 Ol' 37t1 - W, parallel with and 53 feet West of, as measured at right angles to, the said East line of Section 8, 2560.43 feet to the Point of Curvature of a circular curve to the left; thence Northerly and Westerly, along the arc of said curve, having a radius of 25 feet, an arc distance of 38.82 feet to the Point of Tangency of said curve; thence N-880 591 1011 - W, parallel with and 53 feet South of, as measured at right angles to, the North line of said Section 8, 5198.28 feet to a point on the West line of said Section 8; thence N-Oo 001 5111 - E, 53.01 feet to the Northwest corner of said Sec- tion 8; thence S-880 591 1011 - E, along the North line of said Section 8, 5275.80 feet to the Point of Beginning. GJL 1/20/71 FXHTRTT A SUBDIVISION DEVELOPMENT - LAND SURVEYS - STRUCTURES - DRAINAGE & IRRIGATION HIGHWAYS & BRIDGES - WATER & SEWAGE SYSTEMS - MUNICIPAL WORKS