HomeMy WebLinkAboutCity of Tamarac Resolution R-86-4021
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,.Introduced by: Temp. Reso. #AM
CITY OF TAMARAC, FLORI/D�A',
fj"/! 45467 RESOLUTION NO. R-86- ��
A RESOLUTION REPEALING RESOLUTION #R-82-21,
WHICH APPROVED AND ACCEPTED A 15-FOOT NON-
EXCLUSIVE DRAINAGE EASEMENT OFFERED BY
DOUGLAS WOLF, AS TRUSTEE AND NOT INDIVID-
UALLY, AND A PORTION OF PARCEL "R" OF WOOD-
LAND LAKES, ACCORDING TO THE PLAT AS RECORDED
IN PLAT BOOK 711 AT PAGE 18, OF THE PUBLIC
RECORDS OF BROWARD, COUNTY, FLORIDA, FOR THE
PROJECT KNOWN AS WESTVIEW AT COLONY WEST/PAR-
" "• D A T
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
e$E�TIQN 1: That Resolution #R-82-21, which is attached
hereto and made a part hereof as Exhibit "A", is herebv
repealed in its entirety.
j,ECTION 2: That the City Clerk is hereby authorized and
directed to record this document in the public records of
Broward County, Florida.
SECTIO_. 3: This Resolution shall become effective
immediately upon its passage.
PASSED, ADOPTED AND APPROVED thisvz( day of��"�;-986..e,
AiT
MAYOR f .
ATTEST: I °
CAROL E. BARBUTO,.
AS S,I.STANT .._CITY. CLERK..
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
. YA A PLEG E
� TY ATTO NEY
2044110786/t
CITY OF TAMARAC
5811 N. W. 88th AVENUE
TAMARAC, FLORIDA 33321
City Clerks Dept.
MAYOR: HART
DIST. 1: C/W MASSARO CID
DIST. 2: V/M STELZER ____...12
DIST. 3: C/M GOTTESMAN
DIST. 4: C/M STEIN
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Temp. 92147
CITY OF TAMARAC, FLORIDA p V
RESOLUTION ND. R-&=.,'ZL
A RESOLUTION APPROVING AMD ACCEPTING A
15-FOOT NON-EXCLUSIVE DRAINAGE EASEMENT
OFFERED BY DOUGLAS WOLFE. AS TRUSTEE AND
NOT INDIVIDUALLY, IN 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 PROVIDING AN EFFECTIVE
OATS.
BE 4T RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC. FLORIDA:
SECT is That the 15-toot Mon -Exclusive Drainage Easement
offered by Douglas Wolfe, as Trustee and Not Individually. in a portii
of Parcel OR• of Woodland Cakes, according to the plat as recorded in
Plat Sook,71. at Page 18t 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 tc
record this document in the Publ•jc.Records of Broward County. Florida.
SECTION 3: This Resolution shall become effective upon its
adoption.
PASSED. ADOPTED AND APPROVED this day of L 1982.
ATTEST: MA
HEREBY CER AF1th!aVt1 have
approved the form and correct-
ness of thhilss Resolution.
MAYOL
G:-
DISTRICT
DiSTRK T
asIva
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rlO
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L �.�^`, .i y.�%rr+�i ." -?+. •„wit.
SZ.ry Q9D96
GRANT OF NON-EX4LUSiVE DRAINAGE EASEMENT
THIS INDENTURE, made this 6:�-4 day of January, 1992, by and between
DOUGLAS WOLFE, AS TRUSTEE AND NOT INDIVIDUALLY, whose post office
address is New River Plaza, 1507 South University Drive, Plantation, Broward
County, Florida 33324, hereinafter called "GRANTOR", and the CITY OF
TAMARAC, a Municipal corporation of the State of Florida, whose principal place
of business Is 5811 N.W. Eath Avenue, Tamarac, Broward County, Florida 33179,
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 lit, 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 drainage 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 drainage
easement and is willing to accept same.
NON, THEREFORE, in consideration of the covenants herein contained and
other good and valuable consideration, the receipt, adegsacy and sufficiency of
which are acknowledged, GRANTOR grants, bargains and sells to GRANTEE, its
successors and assigns, forever, a permantent non-exclus;ve drainage easement on,
over, upon, under and across the land described in Exhibi "A", for the construction,
installation, operation, maintenance and service of l.,derground pipes for the
transportation of water for other than sewer purposes; with the right to recon-
struct, repair, Improve, add to, change the size of or remove such underground
Pipes; with the right of Ingress and egress over, and upon the land described In
Exhibit "A" and adjacent land owned by Grantor, as may be reasonably necessary
for the purpose of exercising the drainage easement herein granted; also, to cut,
trim and keep clear all trees, brush and undergrowth or other obstructions that
Might endanger or interfere with said drainage 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 delineated by any and all applicable
ordinances of the City of Tamarac, the County of Broward and the State of
Florida; and further provided, however, that In the event any such construction,
Installation, operation, maintenance and/or service damages any then -existing land
surface cover and/or grading, such damage shall be repaired by the party causing or
otherwise then responsible for same, in accordance with the then-prevalling•
Prepared by and Return to: Victor L. Stosik, Esq.
i Address S923 S.W. 14Eth Street, Suite 9B
Miami, Florida 33176
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Standards, as prescribed and delineated by any and all applicable ordinances of the
City of Tamarac, the County of 6roward and the State 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 easement for said purposes are and shall be a non-exclusive drainage
easement to GRANTEE, Its successors and assigns. GRANTOR, however, for
Itself, Its successors and assigns, reserves the right and 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 Drainage Easement.
IN WITNESS WHEREOF, GRANTOR has executed t instrument on the y
and year first above written. .n
In the presence of:
eel :1 i
DOUG LASW E, AS IRUSTEE AND mo
NOT INDIVI LLY M.1
ACCEPTANCE OF GRANT OF NON-EXCLUSIVE AINAGE EASEMENT (AI
.»s
The CITY OF TAMARAC does hereby accept the foregoing Grant of Non- co
Exclusive Drainage Easement.
In the presence of:
CITY OF TAMAR C "�
C!d
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`!fr alck, of ' . . �� '••
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Attest: •� _•�
7-y Clerk
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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
DOUGLAS WOLFF, AS TRUSTEE AND NOT INDIVIDUALLY, to me known to-41C
the person who executed the f oregoing instrument, and he acknowledged beforr4ne
that he executed the same. . T!
WITNESS my hand and official seal in the State and County last �Aldr
Notary Puhl- State of.F1ceid&*`Atd4A&%
My'Commission Expires:
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY thal'on this day, before me, an officer duly authorized
In the State and County aforesaid to take acknowledgments, personally appeared
WALTE W. F L K. Mayor of the City of Tamarac, and
City Clerk for the City of Tamarac, to me known to
F4th-crs4nsWwh4oxe!cuted
the foregoing instrument, and they acknowledged
*before me that they executed the same, acting in their said official capacities, for
and as the act and deed of the said City of Tamarac.
M0
WITNESS my hand and official seal in the State and County last afores4d,
Notary Public, Stateof F
My Commission Expires:
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JOINDER BY L40RTGAGEE
The undersigned, G L Corporation, a Delaware corporation, Mortgagee under
that certain Purchase Money First Mortgage executed by Douglas wolfe, as Trustee
and not Individually, to G L Corporation, dated 7anuary 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
iliroward 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
Drainage Easement does hereby acknowledge that the terms of said Grant of Non -
Exclusive Drainage Easement are and shall be binding upon the undersigned and its
successors in title.
WHEREOF, / these resents have been executed this day of
IN WITNESS HERE F, p .�._
1911�.
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WITNESSES: G L. CORPORATION
By:� W
LLD, -
CO
Attest:
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STATE OF ) }i.�a..;:....•r;�cr"-�' �:
COUNTY OF
BEFORE ME, the undo signed authority, _ this day appeiredV_r' .1
and . S. , both being to me a•o
w now and - known by me to be a and
respectively, of G L Corporation, a corporation under the 1--�
aws o torte o Delaware, and which said C eporation 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 at
official opacities as such Officers of said Corporation, executed, signed and c7l
delivered the said Instrument as the act and deed of said Corporation, and the said
Officers of said Corporation then and there severally acknowledged to and before
me that trey exewted the sald Instrument, acting In their said official capacities, 1•-�
for and as to the act and dead of sald Corporation and In Its name, and impressed
thereon Its Corporate Seal, for ttx uses and purposes therein mentloned, and after..,.'�.. _
being duly authorized and directed.
WITNESS my . hand and official Seal at :.Q f.'' -
A.D., 199-7
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My Commission Expires:
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