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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-4011 2 3 4� 9 10 it 12 13 14 1S 16 17 1 21 22. 23 24 25 26 27 28 29° 30 34 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 hereto and made a part hereof as Exhibit "A", is hereby repealed in its entirety.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. VU b vo Cn 0) r �a mo m-n C-)m .A• W 00 I' 2 3 5 'introduced by :ii,t!l+ : i,•1i "� ;-r•'l.4r��� �.rr. � �'p•`�+:' '.1' �:•'.:1 i<•�. 1. 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 7a DISTRJCT 33 Y' fir:+ r•,.e.�t . ..P'T1 33 RECORD Of COUNCIL, VOTE u. ... r " �E 0. , 0 ' ��ti•i.. w'S�":�ri-�"F'�^'-�S ' ���-�►'-��" '�7fy.-. c.•'i�.: � -�-},�>�7Z1''"1.:_' '..t� i �� •, y�,;. +.�,�..,� � f •.. � �- r '!.��..r • { j{fir. �`r-.-+ k..i �.1._��_ ... ���ly%:1 �`.i• y' �lj ,_u" 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. a 'T. Cd' rrt"rt NOW, THEREFORE, in consideration of the covenants herein contained and 01n other good and valuable consideration, the receipt, adequacy and sufficiency of r which are acknowledged, GRANTOR grants, bargains and sells to GRANTEE, its successors and assigns, forever, a permantent non-exclusive water and sewer ..s easement on, over, upon, under and across the land described in Exhibit' -A", for the co construction, installation, operation, maintenance anc .ervice of such water and sewer facilities as Grange may deem necessary (whir casement shall include, but wn / shall not be limited to sanitary sewer force mains, pump stations, water mains, V 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 a� 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 C .i 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 {� 1 delineated by any and all applicable ordinances of the City of Tamarac, the County t s G1 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 Y r .. rc:: � s' • �S. .. y„+F�r'w,J• Lr,r•�{;",itj;�°•":• •F+,:�.,�; +r,�.':'''..�.'f awr•$4�,',w:•�'rl'rr�;.: •r.•s�.�ra:,<_`�...;�.' �:5�,,�:.w�:.�y.,•'� � 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 t 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 - v 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: k cn ,'y 1 r -7- ik.17�•1�•Kl:i!•r. v••j ,' �a.r. .fa. ;;i�!'f+.;� " y+,' 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 W ;r ; My Commission Expires: + L001Atr FLAK Ital Mr CtY+:�tSit0e1 LQltti IJL 21 14{t •!�•'•.� ••; 4+• ~• N J • � 1 71 Li ,• F. -3- i rr 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. a IN WITNESS WHEREOF, thpresents have been executed this day of ese WITNESSES: G L CORPORATION �� f? m `q.w 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 f•Cr ~ 4 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 s M n-n A Cr1 .�.s 1: r�k7 i��1r_.:11 ` �6�1C' ��4 I AAA ZONING 8-5 ZONINO iOJ 0 — OR PRELIMINARY 217C PLAN aw qQ"w WICST C11112 00...rr..,..r+. LOW 11111111A -Pais 2 of 4 Pam - OFF 7 2 4-= 14 31BPASE REC • 111P : 1 6 }iyiN.i.w.w7 (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 tl -, 5 -n .-A .p W' 00 M 1N. •� tih�•M;j •w' . .r r r..r ..r�r r .rY•r. rr.rr YYr. M •wwn. r •�w.r M•Y��ir��• wrti'+•M• r.I r ww r. •w� V rr. q• . w �• t� rrr Mw•w.•r rr �r .Yi �x 1 R�_rir :J -1�• .t'.- c/: :;•:,�i�-7::�•�: �•='c}.;. �'. � l�":. t1.r �'jC.+ ;, �1. 4��� r!{, •� �1,�'�A..:�rfvf�iSTl`�= •rt-riy .y�.s ��'V=t•71 .iK. �i�.Y"'ry�'(!;Y•y� I�""1�.�-�ij J-.3ia�C'.