The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-71-042CITY OF TAMARAC, FLORIDA RESOLUTION # WHEREAS, the City Council by Resolution No. 71-18 authorized the execution and entrance into an agreement for the drainage of certain lands and the installation of facilities relating thereto, and WHEREAS, the parties to said agreement have requested an amend- ment to said agreement, and WHEREAS, the City Council is now desirous of approving such an amendment and authorizing the execution thereof. NOW, THEREFORE, BE IT.RESOLVED BY THE COUNCIL OF THE City of Tamarac, Florida: That the City Clerk -Manager and the Mayor are hereby authorized to execute the amendment to that agreement dated the 2nd day of March , 1971, authorized by Resolution No. 71-18 , copy of which is attached hereto and made a part hereof. Said amendment shall be effective to amend the former agreement as hereinabove referred to only to the extent of the changes contained therein and all of the parts and portions of the previous Resolution and agreement executed pursuant thereto shall remain in full force and effect. l: PASSED, ADOPTED AND APPROVED, this �� day of �r 1971. � T,r TT 9T'i 41-X TY CLERK —MANAGER s /''"'J14,0 OR A G R E E M I: N T TWI:S AG►t1:i,M►•:NT, mado and entered into this, I Sth day of AI)ri1 1.971, by rind bctwcon T[tfs CITY OF TAMARAC, here- inafter referred to as "Tamarac"; HERMAN CORN, TRUSTEE; K.J.F. CORPOltAT10N, a Florida corporation; the latter two parties hereinafter being collectively called "Corn' and BEHRING CORe-)-cgTION .. , hereinafter referred to as "Behring"; W I T N E S S E T H: In consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations each to the other in hand paid, the receipt whereof is hereby acknowledged, it is mutually agreed between the parties hereto as follows: I 1. Heretofore on the �r day of I"2 /�'t i'� 19710 the City of Tamarac, Herman Corn, Trustee; and Ennis Lloyd, Floy Belle Haynie, E:Irl Franklin Jones, and Betty Johns, and the Broward National Bank of Fort Lauderdale, Fort Lauderdale, Florida, as co -trustees of the Estate of Eva E. Johns entered into an agreement which made available the drainage of certain lands referred to in said agreement through the drainage system Of the City of Tamarac. Since the said agreement was executed the interest of the co -trustee's of the Estate of -Eva E. Johns has been assigned to R.J.F. Corporation. 2. There is attached hereto and made a part hereof as though set forth in full herein a sketch or map which shows a portion of the lands lying within the corporate limits of "Tarriarac" and which includes those areas which will be affected by this Agreement. The map will be referred to as "drainage ma1p.1 On said "drainage: map" are certain legends which are identified by description and number. Point number one is the "Portion of existing drainage easement to be vacated" by the LAW OFFICES ZINN 8c REINHARO, P.A.. 008 AINBL.EY 13UIL.OINO. MIAM1. FLORIOA • 'City of Ti 11116rac :., appropriate_ resolution of its counsel. .-� Point numbcr tWC) is the "proposed drainage casement" which is to he dedicated to the City of Tamarac by "Behring" through the execution and delivery of an appropriate casement agreement acceptable to the City. 3. Under the existing drainage agreement between Corn and Tamarac drainage was to be accomplished through the utili- zation of the existing drainage easement. Corn is desirous of utilizing in lieu and in place of the existing drainage easement (point #1) the area covered by the "proposed drainage easement" (point #2). In this regard Corn r"N agrees to excavate the "proposed drainage easement" (point #2). ..and to remove the fill therefrom, all at Corn's sole cost and expense. The foregoing work shall be done in accordance with plans and designs to be approved by the City of Tamarac and its engineers. 4. Behr.ing agrees to make, execute and deliver such instruments as may be required by "Tamarac" to dedicate to "Tamarac" the "proposed drainage easement" (Point #2) and which property is more particularly described and set forth on Exhibit hereto next and made a part hereof. Said instruments shall be delivered in escrow with the City Attor- ney of Tamarac to be delivered to the City and recorded among the Public Records of Broward County Florida, concurrently with the adoption by the City of Tamarac of the resolution vacating the "existing drainage casement" (Point .41) and which is more particularly described on Exhibit "t) hereto attached and made a part 'hereof. 5. The parties hereto agree that the prior drainage ac�r�c:�,ent referred to herein is hereby modified only to the extent as the same may be in conflict or in contradiction with the t(irms and conditions horcof. IN WITNESS WHEREOF,\.the parties hereto have hereunto ._ 2 - LAW OFFICES ZINN 6e REINHARD. P.A., 000 AINOL.EY BUILDING. MIAM1. FLORIDA j(z- Zc� �d oxec.ut od .'yreumcnl: on the clay and year ti.r::l above written. 4` In thr pr. csuncc of IlEkAAN CORN, TRUSTL:L R.J.F. CORPORATION BY (SEAL) President a Attest (SEAL) Secretary In 'zinc presenc - t. BEHItING CORPORATION BY ( SEAL) / i le e Px'b's id e t Attes J� � � ,r�A� (SEAL) Secretary ��I' C I l' f 26JWQ�C„ $�/ (SEAL) or Attest' (SEAL) City cl-arx....... k,., STATE OF FLORIDA ) COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day personally appear64-= i4RTGiAN� . y� = CORN, AS TRUSTEE, to me well known to, be the person describeed"" a ana wlio executed the foregoing instrument and he acknowledged',,*" b,z!forc me that he executed the same freely and voluntarily for the purpo:;cs therain expressed. WITNESS my rand and official seal in the County and State last aforesaid this 15th day of April 1971. NOTAI Y PUBLIC My ccr,,:aisr.ion expires: NOTARY , OF FLORIDA AT My COMM SSIIONSTATE EXPIRES AUGUST 21G.E1973 r11kop I'"RQ 1GM FRW W. DI_STELHOKST CGUN7Y 02 BAGWARD ) i ili:RZ3Y CERTIFY that on this day personally appeared xx/sa r�yJ3 ri��nin.�__ it:nC c, '1IJ(4--Scrr:tary, ropectivc — TI ly, , of It. J . � COltl,01:�1T1 ON, to rric wc: L1 Known to bc. the persons described in and who c:;ucu,tud in:-:tcurncrnt and they acknowledged before me that thoy such at:ficurs frooly and .voluntarily for therea.n expresser]. ray hand and official seal in the County and State last ufr.rc:..�id ,:hl's 15t_ h day of April 1971 MY CO-MMiss ion expires : NOT Y PU13LI[!11TANY PUL'uC, stare Of Flo; ;D.� At LA%l J9i CQMMISS10N EX, If2ES AUGUST 26, 1 P6 _ 3 ��rne;,cv 3vuoucrl tRCD W. ac,STEu+oKsr LAW OFICCZINN & REINHARD P.A., 000 AINBLCY BUILDING, MIAMI. 1rLORIOA COUNTY IWOWAIW ►* r 111'K1-'Ity ('I.•1(,111c'Y 1h,►t: <In tlli:c d.iy hc:l';;cln,I.l..l.y �►I�l�r:,Ir.�:cl Cai1_5 _13.u>li_r.ia>;(�� _Irxl I`dwar(1 L. Gr. t .I�l:;c;c►��t�li'y,'rc,:,��cctivcly, of I�t:11RING C01WORnTIOAN ►� to Me well known to be the persons described in and who executed for.:(jo, i n.J ills t )-1unCn t and they acknowledged before me that they 4:1-10CULe(i th.: same as such officers freely and voluntarily for tho purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this 15th day of April 1971 NOT Y PUBLIC My commission expires: NOTARY PUBLIC, STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES AUGUST 2G, 1973 di.)r`WrjA ;HROUGH YBED W. OicS7ElHOHS7 STATE OF FLORIDA ) COUNTY OF BROWARD) I IEREBY CERTIFY that on this day personallx appeared and 1R. C k respectively Mayor and City Clerk of the CITY OF TAMARAC, to mo well known to be the persons described in and who executed t.,c foregoing instrument and they acknowledged before me that they executed the same as such officers freely and voluntarily for the purposes therein expressed Z7 L.TNLSS my hand and officialseal in the County and State last aforesaid this ,_day of 1971. /l/pa /Xv NOTARY PUBLIC My coxazission expires: 4ONTy Public, State of Flori da at La►g SIOD &21ms July 6, Y974 { LAW OFFICES ZINN 8c REINHARD, P.A., 006 AINSLEY 6UILDINO, M"AMt. P'L.QRIDA --- t (L CL vj ......... --74� vaaalc % G) 7. N�/ i p�G��:.., �ti�v .tiJOi �J cy C� 4t /-no 03 1 Or P OF A DRAINAC-1-1 T-ii� CITY 02 TAIIARAC A 3.4, Tow-Shi-o 49cSouth, Razn--c v 0 b3ilnl UCO" &Dlatu of JO of 1"! "G ol County, d c 3 C d a- folio,,;s: 1770 fee. d SCC.I- 0, 1 IZA, ko a poll', . d bcarin-) 50.0 foot alon- a ca 0: 14, to �an intorsoctioj :wild plza o f 0 . L lunci 60 ;or c r*k'--�! du-0 a 144*2 0 an --oction I *" u0 m c r, a h'own on r-- or -a d !:'a c .7a:.,d Count-y, Plor*ida. a. Oct u o 1040 N-E, 45th St. xxxxxxx;—cxxxxx Auguut 26, 1g, D73CRIPT ION Or A PORTION OP TFi; x;XISTING DRAINAGE FASIY'IENT AT "TIC' WOODLANDS COUNTRY CLUB" TO BE VACAT.IM The most Northerly 90 feet of the 60 foot wide drainage easement, (the cast lino of said easement being 156.68 feet West of Woodlands BouleVard, as shown on said plat and the North line of said easement beinc adjacent to N-W. 56th Street as shown on said lat ' p ). running across that certain unnumbered tract being used as a•eolf Course, `according to the plat of "The Woodlands Country Club", as rocorded in Plat Book 67 at Page 30 of the Public Records of Broward County, F�-orida. Said lands situate in-Broward County, Florida. a.J o P ��c s�-: tr R��; nrA.a� ca'�cQ,�,o„n-r 1,,Q U �� •. • ( �G � N Z' C� 6� o a '�E.�:. J A� tea- C� A l:`x�.t r 0 I ;I �. � ', �., , �r/•/ I i l'. r' � I is .1 i '�/� ,I.. �'•( \/J f / ,_ � � / � 1,�a�'4• i /,;;sl �, !si<f3Gr3�) �: ..�0 /B�; 1;. I�` \� ~ •• � td t � � II � l I �-\, o /.to�J• .. 4�' /r. c-. ��;;1 {{�V tltlCy I 1 � I iJ � \ �\ 2�' 15 ` Ar� ivy: �•y �I' i _ I �. // Z .sNn Lr��/ .J � r: 1 '� `t•^� •. , � ' r f' '!r C: bti 22 CA I J � it 1001 /O .) ..--'.. .. .• . 420/ AL 127