HomeMy WebLinkAboutCity of Tamarac Resolution R-84-1091
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Introduced by G Y. Temp. # 3083
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CITY OF TAMARAC, ELORIDA
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RESOLUTION NO. Je-
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A RESOLUTION OF THE CITY COUNCIL OF THE
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CITY OF TAMARAC ACCEPTING RESPONSIBILITY
FOR THE MAINTENANCE OF MEDIANS ON CERTAIN
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PUBLIC ROADWAYS AND PROVIDING FOR THE
CANCELLATION OF PARAGRAPH #1 IN A
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- COVENANT BETWEEN YEHUDA BEN-ARIEH AS
TRUSTEE WHICH AGREEMENT IS DATED JULY 8,
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1977 AND RECORDED IN THE PUBLIC RECORDS
OF BROWARD COUNTY ON AUGUST 3, 1977; AND
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PROVIDING AN EFFECTIVE DATE_
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WHEREAS, YEHUDA BEN-ARIEH as TRUSTEE, executed a
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Covenant dated July 8, 1977 „ recorded in the Public Records
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of Broward County on August 3, 1977, in Official Records Book
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7141, Page 406, in which Covenant he agreed to maintain all
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medians on the below described streets and swales for a
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period of fifty (50) years:
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Northwest 80th Avenue between McNab Road and North-
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west 82nd Street;
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Northwest 81st Street between Northwest 88th Avenue
and 82nd Street;
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Northwest 82nd Street between Northwest 81st Street
and University Drive;
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Northwest 78th Street between Northwest 80th Avenue
and University Drive;
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Northwest 75th Street between Northwest 88th Avenue
and Northwest 80th Avenue; and
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Northwest 70th Street between Northwest 88th Avenue
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Northwest 80th Avenue.
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WHEREAS, it is necessary for the City of Tamarac to
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secure an easement on the Woodmont Golf Courses to implement
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the wastewater disposal system; and
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WHEREAS, the City is willing to accept the mainten-
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ance of the medians and swales described above in partial
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consideration for the granting of the easements on the
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Woodmont Golf Courses.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the City of Tamarac shall after
the effective date of this Resolution maintain the following
medians and swales:
Northwest 80th Avenue between McNab Road and
Northwest 82nd Street;
Northwest 81st Street between Northwest 88th Avenue
and 82nd Street;
Northwest 82nd Street between Northwest 81st Street
and.University Drive;
Northwest 78th Street between Northwest 80th Avenue
and University Drive;
Northwest 75th Street between Northwest 88th Avenue
and Northwest 80th Avenue; and
Northwest 70th Street between Northwest 88th Avenue
and Northwest 80th Avenue.
SECTION 2: That the City of Tamarac will main-
tain these medians and swales at the same level and with the
same degree of care it maintains all other medians and swales
within the City.
SECTION 3: That the appropriate City Officials
are hereby authorized to execute a Cancellation of Paragraph
1 of said Covenant which Covenant was executed by YEHUDA BEN-
ARIEH on July 8, 1977 and recorded in the Public Records of
Broward County on August 3, 1977 in Official Records Book
7141 at Page 406.
SECTION 4: That Paragraph 2 of said Covenant
shall remain in force and effect.
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• SECT ON 5: This Resolution shall become effect -
live immediately upon adoption.
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PASSED, APPROVED AND ADOPTED this day of
1984.
ATTEST:
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RXSOLUTION.
CIT ATT RNEY
1031D040584/m
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RECORD OF COUNCIL VOTE
MAYOR:
KRAVITZ
DISTRICT 4:
VIA! STEIN
DISTRICT 3:
C/M STELZER
DISTRICT 2:
_C/M MUNITZ
DISTRICT 1:
C/M DUNNE
RECORDED IN THE OFFICIAL
OF BROWARD COUNIy RECORDS
T. pT FLORIDA
• C UNTv OI-IrAso1v
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r n 554 VACATION AND TERMINATION OF COVENANT
KNOW ALL MEN BY THESE PRESENT, that WOODMONT CORPORATION, c/o
SHERR, TIBALI and FAYNE, Suite 400, 600 Corporate Drive, Fort Lauderdale,
Florida, 33310, as successor in title to YEHUDA BEN-ARIEH, as TRUSTEE,
under provisions of a certain Trust Agreement, dated November 1, 1976, and
j known as Trust No. 18, and the CITY OF TAMARAC, FLORIDA, hereby vacate and
terminate the following provision of that certain Covenant dated July 8,
1977 and recorded August 3, 1977 in Official Records Book 7141, Page 406:
1. TRUSTEE will maintain all medians on the below described
streets and the swales adjacent to TRUSTEE's property, and
all plantings placed thereon, including trees and shrubs,
for a period of fifty (50) years from the date hereof, at
the sole cost and expense of TRUSTEE, upon the following
portions of the following streets, to -wit:
Northwest 80th Avenue between McNab Road and Northwest
82nd Street;
Northwest 81st Street between Northwest 88th Avenue and
82nd Street;
Northwest 82nd Street between Northwest 31st Street and
University Drive;
Northwest 78th Street between Northwest 80th Avenue and
University Drive;
Northwest 75th Street between Northwest 88th Avenue and
Northwest 80th Avenue; and
Northwest 70th Street between Northwest 88th Avenue and
Northwest 80th Avenue.
Consideration for the vacation and termination of the obligations
of WOODMONT CORPORATION is the simultaneous granting of an easement on the
WOODMONT GOLF COURSES for disposal of treated water by the'CITY OF TAMARAC.
IN WITNESS WHEREOF, the undersigned hereto has caused these
presents to be executed this ��`'k day of 1984.
WOODMONT CORPORA I?O�
ec.oe,cr
CITY OF TAMARAC
5811 N. W.
TAMARAC, FLC-F,!:,,A
City cl'er Ko
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VACATION AND TERMINATION OF COVENANT
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WITNESS
STATE OF FLORIDA :
SS.
COUNTY OF BROWARD:
Page 2
CITY OF TA'MARAC
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by; .
PHILIP B. VITZ,'MAXOR
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments, personally
appeared Jay Krinsk , President of Woodmont Corp to me known
to be the person described in and who executed the foregoing instrument, and he
acknowledged before me that he executed the same.
,WITNESS my hand and off
this day of �
MY COMMISSION EXPIRES:
STATE OF FLORIDA
seal in the
State and County aforesaid,
1184.
SS.
COUNTY OF BROWARD: ;U DM—q
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I HEREBY CERTIFY that on this day, before me, an officer duly (\ i
authorized in the State and County aforesaid to take acknowledgments, personally ch
appeared PHILIP B. KRAVITZ, known to me to be the Mayor of the City of Tamarac, (--%14
and that he acknowledged executing the same in the presence of two subscribing (JJ
witnesses freely and voluntarily under authority duly vested in him by said CITY
OF TAMARAC. all
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WITNESS my hand and official seal in the State and County aforesaid,
this / �` day of 1984, (JY
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MY COMMISSION EXPIRES:
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