HomeMy WebLinkAboutCity of Tamarac Resolution R-82-0687-1
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Introduced by a'���
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- p.2�
Temp. Reso. #2202
A RESOLUTION AUTHORIZING EXECUTION OF
A DISCLAIMER OF INTEREST FOR RELEASE OF
AN EASEMENT AGREEMENT EXECUTED BY COLONY
WEST ENTERPRISES, INC., AND RECORDED IN
O.R. BOOK 5567, AT PAGE 610, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, FOR
PARCEL L 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 L; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are hereby
authorized and directed to execute a Disclaimer of Interest, for
release of an Easement Agreement executed by Colony West Enterprises,
Inc., and recorded in O.R. Book 5567, at Page 610, of the Public
Records of Broward County, Florida, for Parcel L of Woodland Lakes,
according to the plat as recorded in Plat Book 71, at Page 18, of the
Public Records of Froward County, Florida, for the project known as
Westview at Colony 'West/Parcel L, a copy of said document being
attached hereto as Exhibit "A".
SECTION! 2: That the City Clerk is hereby instructed to record
said document in the Public Records of Broward County, Florida.
SECTION 3: This Resolution shall become effective upon adoption.
PASSED, ADOPTED AND APPROVED this /0 day of � 198
ATTEST: MA _
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved t h e form a n d correct— RECORD OF COUNCIL,VOTE
ness of this Resolution.
MAYOR:_,,
CITY ATTORNEY DISTRICT t:
DISTRICT 2:
.DISTRICT 3: r
DISTRICT 4:
�x'y�3itI,
DISCLAIMER OF INTEREST
KNOW ALL MEN BY THESE PRESENTS, that:
WHEREAS, by Purchase and Sale Agreement (the "Agreement") executed
by Leadership Housing, Inc., Colony West Country Club, Inc., and Colony
West Enterprises, Inc., on October 25, 1973, and recorded February 3, 1976,
under Clerk's File No. 76-20322, in Official Records Book 6477, at Page 729,
of the Public Records of Broward County, Florida, said Colony West Enter-
prises, Inc., agreed to grant an easement to Tamarac Utilities, Inc., a
Florida corporation, for the discharge of effluent over lands situate in
the City of Tamarac, Broward County, Florida; and
WHEREAS, by Easement Agreement executed by Colony West Enterprises,
Inc., a Florida corporation, on November 30, 1973, and recorded December 19,
1973, under Clerk's File No. 73-265100, in Official Records Book 5567, at
„! Page 610 of the Public Records of Broward County, Florida, which easement
was executed pursuant to the aforementioned Agreement, Tamarac Utilities, Inc.,
a Florida corporation, was granted certain easements relative to the discharge
of effluent into all canals and lakes located on two parcels of property
located in the City of Tamarac, Broward County, Florida, one of which is
legally described as:
Parcel L of WOODLAND LAKES, according to the Plat thereof, as
recorded in Plat Book 71, at Page 18, of the Public Records of
Broward County, Florida; and
WHEREAS, there are no canals or lakes or other waterways presently located
in or on said Parcel L; and
WHEREAS, easements granted to Tamarac Utilities, Inc. were assigned to the
City of Tamarac when the City acquired the assets of Tamarac Utilities, Inc.; and
WHEREAS, said easement is no longer needed by the City of Tamarac, as it
relates to said Parcel L;
NOW, THEREFORE, the City of Tamarac, a municipal corporation of the State of
Florida, hereby disclaims any right, title or interest related to or arising
through or by virtue of the aforementioned Easement Agreement as it relates to
Parcel L, and releases and disclaims for itself, its successors and assigns, any
right, title and interest in said Easement Agreement relative to said Parcel L.
This instrument is intended to release, remise, quit -claim and disclaim all
right, title or interest of Tamarac Utilities, Inc., to the extent that this can
be done by Tamarac, and the City of Tamarac, with respect to the Easement Agreement
as it relates to said Parcel L, and does not purport, and shall not be construed,
to release, disclaim, or otherwise affect any rights or interest related to,
arising through, or by virtue of the Easement Agreement relative to the other
parcel (i.e., Parcel G of Woodland Lakes, Plat Book 71/Page 18, Broward County
Public Records) originally described therein.
IN WITNESS WHEREOF, the City of Tamarac has caused these presents
to be executed in its name, and its corporate seal to be hereunto affixed, by its
proper officers thereunto duly authorized, this day of A1982.
ATTEST:
ATTEST:
*CIYCLER
STATE OF FLORIDA )
) ss:
COUNTY OF BROWARD)
CITY OF TAMARAC
M Y
CITY K9NAGER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
Sta nd County aforesaid to take acknowled ements, personally appeared
& and
2 and respectively
of the CI OF TAMARAC, a municipal corporate n o the State of F orida, to me
known to be the persons who executed 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 corporation.
WITNESS my hand and official seal in the State and County last aforesaid, this
day of g92ic:L, 1982.
My Commission Expires: te Notary Pub is Staoflo Frida at Large
.-.
NOTARY KWIC STATE OF FLORIDA AT LARGE
MY COMMISSION WIRE OCT S 1982
BONDED THRU GENERAL 06. NMWRITEBS
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EASEMENT AGREEMENT
73-255100
This Agreewent entered into this 90th day of November.
1973 by.and between Colony West Enterprises, Inc.. a Tlorida
Corporation bereinafter referred to as "Grantor" and Tanarac r
utilities lee., hereinaf cr referred to an "Crantee". n J
• �IEREA�d'r is the r of the fee simple tl;lc•ln
! p 1 "C" and "L" in froward County Florida and more J4.'
on to area s • •
particularly described in Exhibits A and & attached hereto and made
a past hcrrof; and
WHEREAS by agrocnent dated betober 25. 1973 Grantor agreed
to grant certain easements to Grantee; and
•HEREAS"Csinsce via to secure the essementa specified in
said agreement; c
Z NOW, THEREFORE, for and in consideration of the sum of _
are
I
$10.00 in eafih paid by Grantee to Grantor, rceclpi whereof iw BE
hereby acknowledged. the Grantor does hereby grant, bargain.
i-
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! sell., alien. remise; release* convey and confirm unto the •s
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Grantee in
perpetuity the following easements and righter
1.
The right. but not the obligation to
!•• in
ao
discflargo effluent into all canals and lakes
N off
prenently.loeated upon the above described
-
C f
Parcels "C" and "L" and Crantor agrees that it
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will use said effluent so discharged as the sole
a,
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source of watering and irrigating the golf
tourer located in Parcel "C"t to the extent such
eifiuciit is sufficient I* quantity to meet Grantors
t !tic 0 t
--- ........ _ . .. _ .. _ ..... —
...,.,,
irrigation requircncnts.
2.
The right in Grantee of ingress and egress as
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necessary to service. replace,
and maintain pumps.
Co
ostorm
drains. water lines and
any other equipment
10._1 its
(J.n�._•�
presently located within said
Property. without
j�'rn �sy%j
the obligation to do so.
2. The sight as necessary to•install.
maintain.
repair and service additional
water lines. sewer
Qj•� fill ,y
F-C�- :=
lines. •torn drains. wells 'for
water. water staraga
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tanks. without the obligation to do so provided
*aid casement rights do not Interface with the
operation of the".Eolf course.
4. Grantee &Srcas to exerclac the &Love casement
rights In a manner so as not to Interfere vIth the
operation a! the golf course. or In any way to
alter the course. Grantee agrees to restore the
surface of the course to Its existing condition
prior to any constructions after any digging
or,excavation, within a reasonable period thereafter.
The above enoements are covenants running with the land and
&ball Inure to the benefit of Crantce. Its nuccessorn and assigns.
IN WITNESS WHEREOF the partica have caused these presents to
be executed In their names, and their corporqtc scalo to be
hereunto affixed. by Its proper offices thercunto duly authorized.
the day and year first above written. � C a If." %
........... C,
ATTEST:Inc:
Secrator
A
y
S1 0 led and delivered BY:
I—t re .en of: V, V; 4:V* :1
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ATTEST: Tnmnrac Aftil".-Irs-, V(C
ecretary
S le tai c.n d deliver UYS
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' •— STATE OF Florida
COUNTY OF Broward
I•� B vORE ltEs the underoigned auth'oritx. personally appeared !
yv! : f f is c•e:..✓ Y/.+�.�!�1/
2 to me wall known ar.d kf.own to me to bo Lire individuals dcscrib.V in
and who executed the foregoing inn:rument as 1'residcut
r.nd Setret•try of COLONY LEST ENTrr,11r.15ES. I1:C.. a
Florida corporation. and severally aeknowlcdCcd to and before me that
they executed such instrument as.such President and
Secretary. respectively. of said corporation and
that the seal affixed to the foregoSn.- instrument is the corporate
seal of said corporation, and it was affixed to said instrument by
due and rerular corporate authority, and that said instrument is the
free act and dead of ani• rr-orr.:vs+�� ;
tiIIT!'ESS sy. hand .. !elol r • : 1ithday of ativcnbcrto•
4.
. Rotary Public
(1 (SEAL) Hy Commission Expires-.'
7!tf. S1Ai[ of 01G4:-:AT lAl..S .
N
STATE OF Florida
I
i COUNTY OZ Broward
! �FORL T.,r,
�1Q �•
tandessigned authorit••. personally appeared
1) j1 (,`,i
and
t to me wall known
any known to no to be the i 4% v,,l,duals described in
f !
and who executed
the forc:oi^•g instrument as1 tt%n: Prcaidcnt
and
Secretary of i.::AR/,C UTIL771ES, INC.. a 71orido
corporation. and
severally achno_l.ul;ad to and before De that
I !
they executed such
inotruocn: as such President and
i
Secretary. respcctively, of said corporation
and that the seal
affixed to the foregoing instrument is the
i
corporate seal of
said corporation. and that it was affixed to said
i
Instrument by due
and reCular corporate acthority. and that said
Instrument !a the
free oat r••—,;:.:a o. 117'Z rotion.
ha '� day
t I
VITNESS my
and official i•a' 1 this of•`:ovenhers
`'
1973.
'�.i�.. �' '•
I
Notary P blic:,."
(SEAL)
fly Commission*:'kps•1-cs•0 r`
t
:
NOTArtr PtiwUC sTAT[ or rt OMDA A ::
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A portion of Tracta /1 and 5 of FORT LAUDEKDALE ?rl•CK TAT:=
• .,SULDII'1SI0\ of Section 9. Township 49 South. I:AnZe bl Laot, as 1
recorded in Plat Pool: 11. PaMe• 31, of the Publle Itecorda of
brovard County, Florida, more particularly described as follousr
Commencing at the Vorthueat corner of said Section 9; thence S-0
degrees 01' 37" - E. along the Hest line of said Section 9. a dim-
1 _ .•tanee of 553.08 felt; thence S-09 degrees 01' 50" - E, a distance `
of 53.01 fact to the Point of Lcginiiing,of this description; tllcnei•`
I•. eontinuing•S-89 degrees 011-50" - E. a distance of 250.04 feet; '
1 �-' -'=' %•thence S-0 degrees 01' 37" E. a distance of 1275.50 fret;
thence S-44 dcprecs 5323.;T - Us -a distance of•353-55•-fact;
• .l1-0 degrees 01' 37" - V. paral)cl vith and 53 feet rant of the
llestline of said Section 9. a distance of 2529.85 fact to the
Point of Beginning, containing 8.05 acres.
She above described parcel of land'a2so being desitnated an Parcel 1
"L" accordin: to the record 'plat entitles! 1:OODLAND LAXES recorded
at Droward County Clerks office in P: D. 21. Pago IS.
jFos Clie purpose of insuring the development of Parcel "L" as an
• area of high standards. Crantor reoerves unto itself. its
successors and assigns the right and power to control the type.
i kind and character of the buliding. buildings or structured
to be placed vithin said Parcel "L". In the exercise of its
• power. Crantor shall give due consideration to the characteristics
of the -community of Tamarac, aeathetie va;ues. and the harmonization
I of the proposed structure with ot:ier structures in•the'vicinity.
1 Crantor shall not unreaoosiably withhold exercise of the above power. j
77
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1 EXIIIDIT A
•Dencrietion of Colonj West Colf Course
Zseated in Section 9. Tounship 40 South& Rango 41 East.
being .all of tareslk•'C" as shown on a map of *Woodland Lakes"*
as recorded in Plat Dook 71, Page la of thPu
blic ublic Records of
brovard County, i'loridd, :)
• ��=•'^` j, .. Ontaining 155.21 acres, core or lees. ;+ ,
ucoea:a m Tet on Ica, ►cura=> ( t
• V 84CWAra COaiR- ►t09�.A
STa07�L '
-mow
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