HomeMy WebLinkAboutCity of Tamarac Resolution R-82-0381
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Introduced by
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-Y2-.:�K
Temp. #2166
A RESOLUTION APPROVING AND ACCEPTING A
15-FOOT NON-EXCLUSIVE DRAINAGE EASEMENT
OFFERED BY DOUGLA.S WOLFE, AS TRUSTEE AND
NOT INDIVIDUALLY, IN A PORTION OF PARCEL "L"
OF WOODLAND LAKES, ACCORDING TO THE PLAT AS
RECORDED IN PLAT BOOK 71, AT PACE 18, OF THE
PUBLIC RECORDS OF BMUM COUNTY, FLORIDA,
FOR THE PROJECT ENU N 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 15-foot Non -Exclusive Drainage Easement offered by
Douglas Wolfe, as Trustee and Not Individually, in a portion 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", 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 its adoption.
PASSED, ADOPTED AND APPROVED this /0 day of 41,, 1982.
ATTEST:
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this Resolution.
" (�
CITY ATTORNEY
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
MAYOR
1
RECORD OF COUNCIL VOTE
�X►ttg J� ` A"
3�
GRANT OF NON-EXCLUSIVE DRAINAGE EASEMENT
THIS INDENTURE, made this (.4J day of January, 1982, by and between
DOUGLAS WOLFS, 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 0K_
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 L of
WOODLAND LAKES, according to the Plat thereof, as recorded in Plat Book 71, at
Page 18, in the Public Records of Broward County, Florida, lying and situated in
the City of Tamarac, Broward County, Florida, less and except Tract A of the
Colony West Clubhouse Plat, according to the Plat thereof, as recorded in Plat
Book 103, at Page 36, in the Public Records of 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.
NOW, THEREFORE, in consideration of the covenants herein contained and
other good and valuable consideration, the receipt, adequacy and sufficiency of
which are acknowledged, GRANTOR grants, bargains and sells to GRANTEE, its
successors and assigns, forever, a permantent non-exclusive drainage easement on,
over, upon, under and across the land described in Exhibit "A", for the construction,
installation, operation, maintenance and service of underground 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
Prepared by and Return to: Victor L. Stosik, Esq.
Address: 8925 S.W. 148th Street, Suite 9B
Miami, Florida 33176
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 -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.
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
and year first above written.
EFn the presence of:
FrZ�_�)NCIAN
ACCEPTANCE OF GRANT OF NON -EX(
d is instrument the day
TRUSTEE AND
Y
USIVE pRAINAGE EASEMENT
The CITY OF TAMARAC does hereby accept the foregoing Grant of Non -
Exclusive Drainage Easement.
In the presence of:
CITY OF TAMARAC
By: VV .Q
Walter W. F ck, Ma
1
Attest: _
ity Clerk
STATE OF FLORIDA )'
)ss..
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 WOLFE, AS TRUSTEE AND NOT INDIVIDUALLY, to me known to be
the person who executed the foregoing instrument, and he acknowledged before nyq-
that he executed the same.
WITNESS my hand and official seal in the State and County last aforesaid,
this (0-1A day of J V u AB y , 1982.
Notary P4bfic, State of Florida at Large
My Commission Expires:
Notary Public State of Florida at Large
Hy Commission Expires Feb. 26, 1984
Bonded Thru General Ins. Underwriters
STATE OF FLORIDA )
)ss..
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
WALT R W. FA CK, Mayor of the City of Tamarac, and
` , City Clerk for the City of Tamarac, to me known to
be th 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 City of Tamarac.
WITNESS my hiand. and official seal in the State and County last aforesaid,
this //day of _, 1982.
Notary Public, State of Florida at Large
My Commission Expires:
V011,,RY FMIq STATE OF FLORIDA AT LAKG�
j,i; C�w,ISSION WIRES. APR 21 19E4
-3-
EXHIBIT "A"
DESCRIPTION: A 15.00 Foot Drainage Easement Lying in Parcel "L",
of WOODLAND LAKES, according to the Plat thereof, as
recorded in Plat Book 71, Page 18, of the Public
Records of Broward County, Florida, Lying 7.50 Feet
Either Side of the Following Described Centerline
COMMENCING at the Southwesterly corner of said Parcel "L"; thence North
00 O1'37" West along the West line of said Parcel "L", a distance of -
558.00 feet to the POINT OF BEGINNING of this description thence North
89 58'22" East, a distance of 32.00 feet; thence North•09 15'39" East,
a distance of 158.00 feet; thence South 67 00'00" East, a distance
of 83.00 feet; thence South 28 58'03" East, a distance of 89.09 feet;
thence North 89 58'23" East, a distance of 52.42 feet; thence North
40 00'00" East, a distance of 32.00 feet to the Point of Terminus.
Said point being further described as being on the Easterly boundary
of said Parcel "L".
Said lands situate, lying and being in Broward County, Florida.
WEW: jms
01/04/82
81-0219-
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-Page 1 of 2 Pages-
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Indicates drainage and flow �E L-- m
through easements
tPRELIMINARY
= SITE PLAN W."
.w Ilile�el •.,..........�...,��......" ... : _:
OWTVIEW AT COLONY WEST .awu,w.... .w.a..., •ao asutaoaa "... t.w•". =
to PARCEL "L" .... YMN.N .Y N..A. .. .•.NNW...«.N ,.,,. .... .... ..... ........ «
-Page 2 of 2 Pages-
JOINDER BY MORTGAGEE
The undersigned, C.W.C.C., INC., a Florida non-profit corporation,
Mortgagee under that certain Purchase Money First Mortgage executed by Douglas
Wolfe, as Trustee and not individually, to C.W.C.C., Inc., dated October 1, 1981,
and recorded October 7, 1981, under Clerk's File No. 81-279611, in Official
Records Book 9831, at Page 7, of the Public Records of Broward County, Florida,
in the original principal amount of $275,000.00, 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.
IN WITNESS WHEREOF, these presents have been executed this day of
STATE OF FLORIDA )
)ss.:
COUNTY OF BROW ARD )
BEFORE ME, the undersigned authority, this day appeared
4%v/D /. fib SEA/ and 41,479%*v 7V_,e~ both being to me well
known and known by me to be the President and cretary, respectively, of
C.W.C.C., INC., a non-profit corporation under the laws of the State of Florida,
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
the act and deed of said Corporation, and the said Officers of said Corporation
then and there severally acknowledged to and before me that they executed the
said instrument, acting in 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 offi*
jd Seal at
County, Florida, on this, the /,- day of y
My Commission Expires:
7fI*/Arlvel
, Broward
Notary f4i k State of Florida at large
My Commission Expires Aug. 28, 1983
aonded by American Fin & CasuaW Compar