HomeMy WebLinkAboutCity of Tamarac Resolution R-86-4011
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Introduced by:-__`L L Temp. Reso. #43367
CITY OF TAMARAC
RESOLUTION NO.
871rlA" RESOLUTION
SOLUTION REPEALING RESOLUTION #R-82-20,
WHICH APPROVED AND ACCEPTED A 15 FOOT NON-
EXCLUSIVE WATER AND SEWER EASEMENT OFFERED BY
DOUGLAS WOLF, AS TRUSTEE AND NOT INDIVIDUALLY,
AND A PORTION OF PARCEL R OF WOODLAND LAKES,
ACCORDING TO THE PLAT AS RECORDED IN PLAT BOOK
71, AT PAGE 18, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, FOR THE PROJECT KNOWN
AS WESTVIEW AT COLONY WEST/PARCEL "R";. AND
F E
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION__ -I: That Resolution #R--82-20, which is attached �..
hereto and made a part hereof as Exhibit "A", is hereby
repealed in its entirety.
SECT-ION�_22: That the City Clerk is hereby authorized an d
directed to record this document in the public records of
Broward County, Florida.
SECTION _3: This Resolution shall become effective
immediately upon its passage.
PASSED, ADOPTED AND APPROVED this day of �'! 1986.
BERNARD'IIART =
MAYOR
ATTEST:
CAROL E. BARBUTO
ASSISTAIILT _CI-TY—CLF-RK
1 HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLUTION.
MAYOR: HART -y---
DIST. 1: C/W MASSARO -----
T A EGA E DIST. 2: V/M STELZER -
CITY T ORNE
DIST. 3: C/M GOTTESMAN ...
DIST. 4: C/M`STEIN
CITY OF TAMARAC
5811 N. W. 88th AVENUE
TAMARAC, FLORIDA 33321
City Clerks Dept.
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'introduced by
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Temp. 02146
CITY OF TAMARAC; FLORIDA
Y
RESOLUTION NO. R-
A RESOLUTION APPROVING AND ACCEPTING A 15-FOOT NON-
EXCLUSIVE WATER AND SEWER EASEMENT OFFERED
BY DOUGLAS WOLFE, AS TRUSTEE AND NOT
INDIVIDUALLY, IN A PORTION OF PARCEL "R" OF
WOODLAND LAKE, ACCORDING TO THE PLAT AS RE-
CORDED IN PLAT BOOK 71. AT PAGE 18. OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,
FOR THE PROJECT KNOWN AS WESTVIEW AT COLONY
WEST/PARCEL "R"; AND PROVIDING AN EFFECTIVE
• DATE.
RE IT RESOLVED *BY THE COUNCIL OF THE CITY OF TAMARAC. FLORIDA:
SECTION 1: That the 15-foot Non -Exclusive Water and Sewer
Easement offered by Douglas Wolfe, as Trustee and not Individually,
in a portion of Parcel "R" of Woodland Lake, according to the 21at
as recorded in Plat Gook 71, at Page 18, of the Public Records of
Broward County, Florida, for the,project known as Westview at Colony
West/Parcel "R", is hereby approved and accepted. A copy of said
Easement is attached hereto as Exhibit "A".
SECTION 2: The City Clerk is hereby authorized and directed
to record this document in the;Public Records of Broward County,
Florida.
.SECTION 3: This Resolution shall become effective upon adop-
tion.
PASSED, ADOPTED AND APPROVED this day of 1982.
M
ATTEST:
�2
XK��
ASSISTANT
CITY
-CLERK
I HEREBY
CERTIFY
that I havt
approved
the
form and correct-
ness of
this
Resolution.
MAYOL
MMW.
CITY ATTORNEY
DISTRICT
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DISTRJCT
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RECORD Of COUNCIL, VOTE
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S:O -J7�:+w7"
82-109095 ' l/
GRANT OF NON-EXCLUSIVE WATER do SEWER EASEMENT
THIS INDENTURE, made this G ( day of .i ,✓✓ AR 4 1982, by and
between DOUGLAS WOLFE, AS TRUSTEE AND NOT INDIVIDUALLY, whose post
office address is New River Plaza, 1507 South University Drive, Plantation
Bro-ard County, Florida 33324, hereinafter called "GRANTOR", and the CITY O1
TAMARAC, a Municipal corporation of the State of Florida, whose principal place
of business is 5811 N.W. 88th Avenue, Tamarac,, Broward County, Florida 33178,
hereinafter called "GRANTEE".
WITNESSETH:
WHEREAS, GRANTOR Is the fee simple owner of a portion of Parcel R of
WOODLAND LAKES, according to the Plat thereof, as recorded in Plat Book 71, at
Page 19, in the Public Records of Broward County, Florida, 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 GRANTOR
has full power and authority to grant the hereinafter described easement; and
WHEREAS, GRANTOR is desirous of granting to GRANTEE, its successors
and assigns, a water and sewer easement on, over, upon, under and across the land
described in Exhibit "A" for the purposes expressed below; and
WHEREAS, GRANTEE is desirous of having GRANTOR grant such water and
sewer easement and is willing to accept same.
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NOW, THEREFORE, in consideration of the covenants herein contained and
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other good and valuable consideration, the receipt, adequacy and sufficiency of
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which are acknowledged, GRANTOR grants, bargains and sells to GRANTEE, its
successors and assigns, forever, a permantent non-exclusive water and sewer
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easement on, over, upon, under and across the land described in Exhibit' -A", for the
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construction, installation, operation, maintenance anc .ervice of such water and
sewer facilities as Grange may deem necessary (whir casement shall include, but
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/
shall not be limited to sanitary sewer force mains, pump stations, water mains,
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i s manholes catch basins valves wires poles. conduits and appurtenant
pipes, r r r r r Po Plw
equipment) to be installed from time to time; with the right to reconstruct,
improve, add to, change the size of or remove such facilities or any of them; to
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permit the attachment oL service connections, laterals, conduits, wires or cables of
any other Company or person; also, to cut, trim and keep clear all trees, brush and
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undergrowth or other obstructions that might endanger or Interfere with said
facilities, on, over, upon,, under, and across said strip or parcel of land; provided,
however, that such construction, Installation, operation, maintenance and/or
service shall be In accordance with the then -prevailing standards, as prescribed and
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delineated by any and all applicable ordinances of the City of Tamarac, the County
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of Broward and the State of Florida; and further provided, however, that in the
Prepared by and Return to: Victor L. Stosik, Esq. 0 0 b
Suite 95
Address: 8925 S.W. 149th Street,
33176/
Miami, Florida
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event any such construction, Installation, operation, maintenance and/or service
r damages any then -existing land surface cover and/or grading, such damage shall be f
' repaired by the party causing or otherwise then responsible for same, In accordance
with the then -prevailing standards, as prescribed and delineated by any and all
applicable ordinances of the City of Tamarac, the County of Broward and the State
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of Florida.
TO HAVE AND TO HOLD the same to GRANTEE, its successors and assigns,
forever, subject to the terms as herein set forth.
This water and' sewer easement for said purposes are and•shall be a non-
exclusive water and sewer easement to GRANTEE, its successors and assigns.
GRANTOR, however, for itself, its successors and assigns, reserves the right and
r privilege to use the land described in Exhibit "A" for all purposes, as now and
hereafter permitted by any and all applicable ordinances of the City of Tamarac,
the County of Broward and the State of Florida, and not in conflict with the
making of this Grant of Non -Exclusive Water & Sewer Easement.
IN WITNESS WHEREOF, GRANTOR has executed t is instrument on the day
and year first above written.
.,
In the presence of: 1 -
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DOUGLAS w0 E, AS TRUSTEE AND
1.
NOT INDIVID ILLY
ACCEPTANCE OF GRANT OF NON-EXCLUSIVE WA Irl & SEWER EASEMENT.
The CITY OF TAMARAC does hereby accept the foregoing Grant of Non -
Exclusive Water do Sewer Easement.
' In the presence of: CITY OF TAM \R C `�L,
Vf' By: � �""� �'� -rl
s
alto . Fa k, Ala C* e Y
Attest:
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STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an officer clly apprized
authorized
In the State and County aforesaid to take acknowledgments, personally
DOUGLAS hoezeu ed tthheUforego foregoing instrument, and he ackEE AND NOT nowledgedto me nbeio a m
own to
the person
that he executed the same.
'WITNESS my hand and official seal in the State and County last aforepld,
this day of J Ig N v A R H _. 1982. r.��.<:�� •� .
Not Public, rate of Flori itarLar `! •'� y
C4 A. oft
My Commission Expires: i4. ¢
r'• ; o•to
J:i;:
Koury Pat+lk State of r1ftrUa at L.o-ty
My cammlsalea i:lvl+ee Fri ?� 1A81 -.'•3 •�' ��' r �i
tjoaded Tbru Ceweral Ira tipd"wrl{e#f " +• • w.{ $j��Sr .
STATE OF FLORIDA
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
Pt
TF W Ail, Mayor of the City of Tamarac, and
City Clerk for the City of Tamarac, to me known to
he sons w•houted the foregoing instrument, and they -acknowledged
before me that they executed the same, acting in their said official capacities, fo;
• and as the act and deed of the said City of Tamarac.
�:'IT 55 my hand and official seal in the State and County last aforesaid,
rn 11
this ay of , 1982.
(Votary Pu Itc, rate of Fl*c*oriatL SD
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My Commission Expires:
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301NDER BY MORTGAGEE
The undersigned, G L Corporation, a Delaware corporation, Mortgagee under
h•
that certain' Purchase Money First Mortgage executed by Douglas Wolfe, as Trustee
and not Individually, to G L Corporation, dated 3anuary 11, 1992, and recorded
January 13,1982 . under Clerk's File No.82-9304 , in
Official Records Book' 9979 . at Page 556 , of the Public Records of
Broward County, Florida, in the original principal amount of $410,300.00, •covering
all/or a portion •of the property described in the foregoing Grant of Non -Exclusive
Water & Sewer Easement does hereby acknowledge that the terms of said Grant of
to Non -Exclusive Water h Sewer Basement are and shall be binding upon the
undersigned and Its successors in title.
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IN WITNESS WHEREOF, thpresents have been executed this day of
ese
WITNESSES: G L CORPORATION ��
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By:
. I GZ Primon i , r'�f • ` J`i
s Attest:
• �r
.f
STATE OF.rt.e>
)ss.:
COUNTY OF C�
BEF RE E, the and si ned author* , this day appeared
and , both being to me
we Town an wn by me to a arid
pectively, of G L Corporation, a corporatia' u &r the
a s o rate o Delaware, and which said Corporation Is known by me to be, ,
the Corporation described in the foregoing instrument, the said Officers of the said
Corporation being likewise known by me to be the Officers thereof who, in their
official capacities as such Officers of said Corporation, executed, signed and
delivered the said instrument as th-t act and deed of said Corporation, and the Bald
Officers of said Corporation than and there severally acknowledged to and before
me that they executed the said instrument, acting to their said official capacities,
for and as to the act and deed of said Corporation and in Its name, and Impressed
thereon Its Corporate Seal, for the uses and purposes therein mentioned, and after
being duly authorized and directed.
• WITNESS my hand and official seal „pt;;;•.�
on this, the
A.D., 19b• • `j 4f�'•• t:.<
1' Notary Public :� •,,t.",�r t;+c" r is
My Commission Expires:
�r• :" , y.» N0VrMtWr ". 11W3
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DESCRIPTION: A 15.00 foot Sanitary Sewer Line Easement Lying
7. 50feet Either Side of the Following Described
Centerline
A portion of Parcel "R", WOODLAND LAKES, accordin-g to the Plat
thereof, as recorded in Plat Book 71, Page 18, of the Public
Records of Broward County, Florida, being more particularly
described as follows:
COMMENCIOG at tF-c Southwest corner of said Parcel "R"; thence
North 00 01137" West along the West line of said Parcel "R",
a distance of 6.00 feet; thence South 89°O1'50" East along a
.line 6.00 feet North of, and parallel with, as measured at right
angles to, the South line of said Parcel "R", a distance of 6.00
feet to the POINT OF BEGINNING of this description; said point
being hereinafter described as Point "A"; thence continue South
89 01150" East along the last described course, a distance of
250.00 feet to a Boint hereinafter described as Point "B"; thence
continue South 89 01150" East along the last described course,
a distance of 342.14 fret; thence North 53 01'38" East along 1
line 6.00 feet West of, and parallel to, the EasterTy boundary
of said Parcel "R", a distance of 210.00 feet to a point herein-
after described as Point "C"; thence continue North 53 01'38"
East along the last described course, a distance of 116.35 feet
to a point; thence North 00 58110" East, a distance of..230.00
feet to the Po:r.t of Terminus; TOGETHER WITH, the following de-
scribed easement:
BEGINNING at the aforementioned Point "A"; thence North 00001'37"
West along a line 6.00 feet East of, and parallel with. as measured
at right angles to, the West tine of said Parcel "R", a distance
of 400.00 feet; thence South 89 O1'50" East, a distance of 305.00
'. feet; thence North 57 00'00" East, a distance of 95.00 feet t-o
the Point of Terminus; TOGETHER WITH, the following described
easement:
BEGINNING at the aforementioned Point "B": thence North 07000,000
West, a distance of 120.00 feet to the Point of Terminus; TOGETHER
WITH, the following described easement:
BEGINNING at the aforementioned Point "Co; thence North 46058122"
t West, a distance of 180.00 feet to the Poi-: of Terminus.
Said lands situate...iying and being in Bro•ard County, Florida.
WEW/tlp
12/14/81
80-0336
Rev. 12/16/81
EXHIBIT "A"
Page 1 of 4 pages
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(SCRIP-TION: A 15.00 Foot water Line Easement Lying 7.50
Either Side of the Following Described 4enter-
line
A portion of Parcel "R", WOODLAND LAKES, according to the Plat
thereof, as recorded in Plat Book 71, Page 18, of the Public
Records of Broward County, Florida, being more particularly
describe* as follows:
COMMENCIgG.at the Southwest corner of said Parcel "R"; thence
North 00 01'37" West along the West line of said Parcel "R".
a $fstance of 80.00 feet to the POINT OF BEGINNING; thenc$ South
89 01850" East, a distance of 75.00 feet; thence North 71 45100"
East, a distance of 160.00 feet; thence North 80015100" East,
a distance of 42.00 feet; thence Soutg 73 00'00" East, a dis-
tance of 140.00 feet; thence South 89 O1'30" East, a distance
Of 112.00 feet; thencg North 75 00,00" East. a distance of 55.00
feet; thence Noth 53 O1'38" East, a distance of 210.00 feet;
thence North 266 00$00" East,'a distance of 50.00 feet; thence
North 00 58'10' East, a distance of 185.06,feet; thence North
89 O1'50" West along a line 23.50 feet South of, and parallel .�.
with, as measured at right angles to, the North line of said
Parcel "R", a distance of 7614.85 feet to the Point of Terminus;
said point being further described as being on the Westerly
boundary of said Parcel "R"; TOGETHER WITH, the following de-
scribed -easement:
E
COMMENCING at the Point 06 Terminus of the above described
easement; thencr South 89 01650" East, a distance of IOD.00 feet;
: thence South 00 01136" East, a distance of 50.00 feet to the
:'.. Point of "Terminus.
Said lands situate. lying and being in Broward County, Florida.
WEW/tlp
12/14/81
80-0336
Rev. 12/16/81
EXHIBIT "A"
Page 3 of 4 Pages
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