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HomeMy WebLinkAboutCity of Tamarac Resolution R-78-106Temp. Reso. # 1050 1 2 km 4 5� 6 8 9 10 11 12 13 14 15 16 17 18 i 19 i I 20 i 21 i 22 23 24 25 26 27 28 29 .30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL AC- CEPTING AND AUTHORIZING EXECUTION OF A DEDICATION AGREEMENT FOR CANAL AND CANAL RIGHTS -OF -WAY OFFERED BY LEADERSHIP HOUSING, INC. FOR THE WATERSIDE DEVELOP- MENT. WHEREAS, LEADERSHIP HOUSING, INC., as owner of the lands described in Exhibit "A" attached, is desirous of dedicating said land to the City for the purpose of canal and canal rights -of. - way; and WHEREAS, the City Attorney has reviewed and recommends acceptance of said agreement to the City Council; and WHEREAS, the City is desirous of having the owner, LEADERSHIP HOUSING, INC., as owner, make said dedication and is willing to accept such dedication. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City hereby accepts and authorizes the Mayor to execute the dedication of land for canal and canalrights-of-way with the conditions as stated in Dedication Agreement, copy of which is attached hereto as "Exhibit A". PASSED, ADOPTED AND APPROVED THIS_ ATTEST: ASST.CITT CLERK I HEREBY CERTIFY that I have ap- proved the form and correctness of this Resolution. CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR W. FAI V{M H. MASSA, CIM H. WIENEF CIM I.M. DISRA QW.. M. KELr-H This instrument Was Preesrod at SAMUEL HV SILVgRGLAfi11. Esqjva `COURSHON & BERK, P.A. 6006 North University Drive Tamarac, Florida 33321.E 1'1 r �A1a/I /', Re -5 -7d'-1 D,� DEDICATION AGREEMENT N0 101 Uiiivrrsrty Plivo narac, Florida 33321 THIS AGREEMENT, made this q K- day of -TMOPf , 1971 , by and between LEADERSHIP HOUSING, INC., a Delaware corporation, hereinafter called "OWNER", and the CITY OF TAMARAC, a political subdivision of the State of Florida, hereinafter called "CITY". WITNESSETH: WHEREAS, OWNER owns the land, lying and situated in the City of Tamarac, Broward County, Florida, and more particularly described in Exhibit "A", attached hereto and made a part hereof by reference; and WHEREAS, OWNER is desirous of dedicating the said land to CITY for the purpose of a canal and canal rights -of -way; and WHEREAS, CITY is desirous of having OWNER make such dedication and is willing to accept such dedication. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which each party hereby conclusively acknowledges, the parties agree as follows: 1. OWNER hereby dedicates the said land to CITY for the purpose of a public canal and canal- rights -of -way, reserving to itself, its successors and assigns, the right of ingress and egress by pedestrian traffic, motor vehicle traffic and the right to cross said land with utility lines and mains, irrigation pipes and mains, and drainage pipes and mains, over and across such canal, at all locations presently used for any of the foregoing purposes, and at all locations at which OWNER, its successors and assigns, may in the future desire to cross said land for any such purpose. OWNER, for the benefit of itself, its successors and assigns, further reserves the right to construct and maintain such improvements over and across the said land as it deems necessary or desirable, to permit the aforedescribed uses, including the right to construct and maintain bridges and other means of crossing said land; provided, however, that such construction or -1- maintenance shall be in accordance with the then -prevailing standards, as prescribed and delineated by any and all applicable ordinances of the City of Tamarac, County of Broward and the State of Florida; and further provided, however, that in the event any such construction would otherwise prevent the flow of waters through such canal, culverts shall be installed under such improvements, which culverts shall be of sufficient size, in accordance with sound engineering practices, to permit the flow of waters therethrough in such quantities as will not cause a material impediance of such flow of waters. Certification by both the City Engineer of the City of Tamarac and an engineer, licensed to practice in the State of Florida and retained by OWNER, its successors or assigns, shall be conclusive evidence of the sufficiency and size of such culverts. In the event such City Engineer and engineer, retained by OWNER, its successors or assigns, shall be unable to agree as to the sufficiency or size of such culverts, then the Florida Professional Engineering Society, Broward County Chapter, shall be asked by the City Engineer and the engineer, retained by OWNER, its successors or assigns, to name another engineer, licensed to practice in the State of Florida, whose decision as to the sufficiency and size of such culverts shall be binding upon both parties hereto, their successors and assigns. 2. OWNER, for the benefit of itself, its successors or assigns, further reserves the right to complete the excavation of any such canal and the right to repair any defects in the initial installation of any culvert or crossing, as deemed necessary or desirable by OWNER, its successors and assigns. 3. The foregoing provisions shall in no way impose any duty or obligation upon OWNER, its successors and assigns, to construct any improvement, make any excavation or repair or perform any maintenance over or upon the said land, excepting only the specific obligation, as above set forth, to install culverts, in connection with other improvements which would materially impede the flow of water. -2- i IN WITNESS WHEREOF, the parties have executed this Dedication Agreement as of the day and year first above written. In the presence of: IV c.� STATE OF FLORIDA ) )SS. COUNTY OF BROWARD) FADER IP USI G, INC.; a elaw r co pore ion Attest: r Secretary CITY OF TAMARAC ` By dl`e WALTER W. FA CK, Ilayor I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the -State and County aforesaid to take acknowledgments, personally appeared CARL PALMISCIANO and VICTOR MANUEL PINTO de SOUSA,as President Ind/Secretary, respectively, of LEADERSHIP HOUSING, INC., a Delaware corporation, to me known to be the persons described in and who executed the foregoing instrument for said corporation, and they acknowledged before me that they executed the same. WITNESS my hand and official se in the State and County last aforesaid, this // O-L, day of 197. My commission expires: Notary Puulic, State of Florida at Large My Commission Expires Aug. 11, 1979 Bonded by American Fire & Casualty Co. -3- Notary Public, State of Florida at large 1 1 STATE OF FLORIDA ) )SS. COUNTY OF BROWARD) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared WALTER W. FALCK, known to me to be the MAYOR of the CITY OF TAMARAC, and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said CITY OF TAMARAC. WITNESS my hand and official seal 'n the State and Count: last aforesaid, this 7 day of , 1977. My commission expires: N(JtR.R% m-%! tt (. SUIT OF RMIDA AT IARM MY COMMIS-1014 EvIRM 0a.4 IM Approved as to form: Arthur M. Birken City Attorney, Tamarac -4- ota y Pub ic, State of F orida at large , A parcel of land in Section 9, Township 49 South, Range 41 hast being particularly described as follows: Con►niencing at the Southeast corner of said Section 9; thence N. 01" 26' 27" W., consistent with the Stoner/ Keith Resurvey of Western Broward County as recorded in Miscellaneous Plat Book 3 at Page 44 of the Public Records of Broward County, Florida, for 15S1.18 feet; thence S. 89' 35' OS" W. parallel with the South line of said Section 9 for 1920 feet to the Point of Beginning; thence continue S. 89" 35' 05" W. for 60.01 feet; thence N. 01" 26' 27" W., along the East line of the Mainlands of Tamarac, Unit 13, as recorded in Plat Book 70, Page 28, of the Public Records of Broward County, Florida, for 1028.82 feet; thence N. 89* 3S' OS" E. for 60.01 feet; thence S. 01" 26' 27" E. for 1028.82 feet to the Point of Beginning. Said lands situate in the City of Tamarac, Broward County, Florida. 1 EXHIBIT "A" 1 1 ." �A.NAMC lA1'1Y �r� fd�(MMIYw 7XL('K fiIIhMM oESC�P/vTion/ � c'�rMM B.rCiI1 t �I. ✓D. C. p - 45 4/ LOCATION MAP R1 N ti O N 4 W N ' � N O v 0 ,CIO. B . SB9.35 OS "'w � ap N N N SEC. 9 49- 41