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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-022Introduced by /114 � ' Temp. Reso. # 2152 1 2 3 4 5 1 8 9 10 11 12 13 14 15 16 17 1F 20 21 22 23 24 25 26 27 28 29 30 3 ._ 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. �-,e A RESOLUTION APPROVING AND ACCEPTING A 15-FOOT NON- EXCLUSIVE OFF -SITE DRAINAGE EASEMENT OFFERED BY C.W.C.C., INC., IN A PORTION OF PARCEL "G" OF WOODLAND LAKES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 71, AT PAGE 18, OF THE PUBLIC RECORDS OF BM0 ARD COUNTY, FLORIDA, FOR THE PROJECTS KNOWN AS WESTVIEW AT COLONY WEST/PARCEL "R" AND 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 Off -Site Drainage Easement offered by C.W.C.C., Inc., in a portion of Parcel "G" 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, for the projects known as Westview at Colony West/ Parcel "R" and Parcel "L", is hereby approved and accepted. A copy of said 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 adoption. PASSED, APPROVED AND ADOPTED this Of , 1982. ATTEST SISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION CITY ATTORNEY MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT MAYOR RECORD OF COUNCIL VOTE GRANT OF NON-EXCLUSIVE DRAINAGE EASEMENT THIS INDENTURE, made this a v'day of January, 1982, by and between C.W.C.C., INC., a Florida corporation not for profit, having its principal place of business in Tamarac, Broward County, Florida, and whose post office address is c/o Michael J. Salomon, Esq., 621 South Federal Highway, Suite 99 Fort Lauderdale, Broward County, Florida 33301, 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. 88th Avenue, Tamarac, Broward County, Florida 33178, hereinafter called "GRANTEE". WITNESSETH: WHEREAS, GRANTOR is the fee simple owner of Parcel G 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, 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 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 has executed this instrument on the day and year first above written. In the presence of: ACCEPTANCE OF GRANT OF NON-EXCLUSIVE DRAINAGE EASEMENT The CITY OF TAMARAC does hereby accept the foregoing Grant of Non - Exclusive Drainage Easement. In the presence of: CIT) % 7, / r,... Atte -2- 43M 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 DAVID ROSEN, President of C.W.C.C., INC., a Florida corporation not for profit, to me known to be the person who executed the foregoing instrument, and he ..1 acknowledged before me that he executed the same, on behalf of said corporation. WITNESS my hand and official seal in the State and County last aforesaid, this to day of January, 1982. Notary PMlic, State of Florida at Large My Commission Expires: NOTARY PUBLIZ STATE OF FLORI A AT CAVQ MY COMMISSION EXPIRE$ JULY 11 1984 F014DED 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 WALTER W. FALCK, Mayor of the City of Tamarac, and City Clerk for the City of Tamarac, to me known to ?eot�hepperstns who xecuted 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 hand and official seal in the State and County last aforesaid, this day of January, 1982. My Commission Expires: NO ARYY EVAU9 STATE OF FLORIDA AT LAeG_ 61Y COMM15$'OV EMIM APR 271984 LIO''4DE0 YHRU GF"N@ZAL INS: Notary Public, State of Florida At Large -3- JOINDER BY MORTGAGEE The undersigned, C.W.M., INC., a Florida corporation, Mortgagee under the following mortgages, to wit: a. Mortgage executed by C.W.C.C., Inc. to C.W.M., Inc., dated March 16, 1979 and recorded March 19, 1979, under Clerk's File No. 79- 'ar.; 84224, in Official Records Book 8102, at Page 178, of the Public Records of Broward County, Florida, in the original principal amount of $467,500.00; and b. Mortgage executed by C.W.C.C., Inc. to C.W.M., Inc., dated January 17, 1981 and recorded February 4, 1981, under Clerk's File No. 81-35340, in Official Records Book 9395, at Page 787, and re -recorded on July 7, 1981, under Clerk's File No. 81-192663, in Official Records Book 9677, at Page 238, both of the Public Records of Broward County, Florida, in the original principal amount of $585,000.00; covering all/or a portion of the property described in the foregoing Grant of Non - Exclusive Drainage Easement, does hereby acknowledge that the terms of said Grant of Non -Exclusive Drainage Easement are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this .40_ day of January, 1982. C.W.M., INC. ---� By: Morris Brown /—Or President 1. Attest: �C.__ /95-S7- Secretary STATE OF FLORIDA ) )ss.: COUNTY OF BROWARD ) BEFORE ME, the undersigned authority, this day appeared rl�n IS )?ReMIAI and &Ar, (AAI v' Rmfi& , both being to me well known and known by me to be the V/L' c RE_S r DeyT and AAA7 S '.'R-rT_ , respectively, of C.W.M., INC., a corporation under the laws of the Sta of Florida, and which said Corporation is known by me to be the Corporation described in the foregoing instrument, the said Officers of the said Corporation being likewise known by me to be the Officers thereof who, in their official capacities as such Officers of said Corporation, executed, signed and delivered the said instrument as the act and deed of said Corporation, and the said Officers of said Corporation then and there severally acknowledged to and before me that they executed the said instrument, acting in their said official capacities, for and as to the act and deed of said Corporation and in its name, and impressed thereon its Corporate Seal, for the uses and purposes therein mentioned, and after being duly authorized and directed. WITNESS my hand and official Seal at 74_ 1V, AR4C , Broward County, Florida, on this, the _4a_ day of January A.D., 1982. Notar lic, State of Florida at Large My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LARCj MMY COMMISSION EXPIRE$ JULY 11 1984 Q )NDFn TWO I) JOINDER BY MORTGAGEE The undersigned, SUMMIT BANK, a Florida banking corporation, Mortgagee and/or Secured Party under the following instruments, to wit: , a. Mortgage and Security Instrument executed by C.W.C.C., Inc. to Summit Bank, dated December 22, 1980 and recorded December 23, 1980, under Clerk's File No. 80-377430, in Official Records Book ' 9316, at Page 770, of the Public Records of Broward County, Florida, in the original principal amount of $1,000,000.00; and b. UCC-1 Financing Statement executed by C.W.C.C., Inc. to Summit Bank, recorded January 14, 1981, under Clerk's File No. 81- 12183, in Official Records Book 9354, at Page 856, of the Public Records of Broward County, Florida; 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 January, 1982. SUMMIT BANK By: Assistant Vice Presiden Attest: A/nk) Secret ry STATE OF FLORIDA ) )ss.: COUNTY OF BROWARD ) BEFORE ME, the undersigned authority, this day appeared _�/ AR �i f R and &IVA k(7,41h ym both being to me well known and 'know me to be the and s C p,57,qe4 , respectively, of Summit Bank, a banking 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 official Seal at G , Broward County, Florida, on this, the a6*Iday of Januar A.D., 1982. otary Public, State of Florida at Large My Commission Expires: NOJARY PUBUC STATE Or FLUKIUA Ai LAKI,C M-T COMMISSION EXPIRES ftb 6 1985 JiCMD INRU .GENERAL INS, UNUtKVVK11ER5 EASEMENT !1 DE-SCRIPTION:' A 15.00 Foot Off -Site Drainage Easement lying 7.50 ` Either Side of the Following Described Center- line A portion of Parcel "G", 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 described as follows: COMMENCING at the Southwest corner of Parcel "R" of said WOOD- LAND LAKES; thence South 89°O1'S0" East along the South line of Parcel "R", a distance of 455.00 feet to the POINT OF BE- GINNING of this description; thence South 37 00100" East, a distance of 170.00 feet to the Point of Terminus. Said lands situate, lying and being in Broward County, Florida. EASEMENT 02 DESCRIPTION: A 15.00 Foot Off -Site Drainage Easement Lying 7.50 Feet Either Side of the -following Described Centerline A portion of Parcel "G", 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 described as follows: COMMENCING at the Southeasterlyocornerof Parcel-"L" of said WOODLAND LAKES; thence North 00 01137" West along the Easterly boundary of said Parcel "L", a distance of 370.00 feet to the POINT OF BEGINNING of this description; thence North 40 00100" East, a distance of 160.00 feet to the Point of Terminus. Said lands situate, lying and being in Broward County, Florida. MEW/tlp 12/14/81 81-0219 Rev. 12/16/81 Page 1 of 3 Pages Exhibit "A" 0 M • o ♦ o �fV w FFFF � �QN A y 7io r�a$oo M D e� $ a rD ? rD g M �' 'e O ry. O O V . a a _a w .. - $ s �: ii•:- �r 1(Q�fp r •.il Indicates Proposed Drainage Easement w r%r r■1r1. 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