HomeMy WebLinkAboutCity of Tamarac Resolution R-78-106Temp. Reso. # 1050
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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
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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.
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EXHIBIT "A"
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LOCATION MAP
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SEC. 9 49- 41