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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-0211 2 3 4 l 8 9 10 21 12 13 14 15 26 i< st 27 28 29 32'! i 33j 34 35 36 Introduced by Temp. #2147 CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION APPROVING AND 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 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 porti 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", 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 Publ=ic_Records of Broward County, Florida. SECTION 3: This Resolution shall become effective upon its adoption. PASSED, ADOPTED AND APPROVED thisday of� , 1982. MA0 _.� ATTEST: I HEREBY CER IFY that I have approved the form and correct- ness of this Resolution. RECORD OF COUNCIL VOTE C MAYORS C-ITY ATTORNEY DISTRICT 1: DISTRICT DISTRICT DISTRICT GRANT OF NON-EXCLUSIVE DRAINAGE EASEMENT THIS INDENTURE, made this (off �� day of January, 1982, 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. 88th Avenue, Tamarac, Broward County, Florida 33178, 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 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 Prepared by and Return to: Victor L. Stosik, Esq. Address: 8925 S.W. 148th Street, Suite 9B Miami, Florida 33176 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 and year first above written. In the presence of: 1 ID—OUGLAS W NOT INDIVIL ACCEPTANCE OF GRANT OF NON-EXCLUSIVE instrument on the ay r 'E, AS TRUSTEE AND LLY AINAGE EASEMENT The CITY OF TAMARAC does hereby accept the foregoing Grant of Non - Exclusive Drainage Easement. In the presence of: CITY OF TAMARAC By: l 1 r alck, or Attest: Q y C erk -2- 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 me that he executed the same. _ WITNESS my hand and official seal in the State and County last aforesaid, this (04-4 day of JgN _i1 It R N , 1982. Notary Publi1c, State of Florida at Large My Commission Expires: Notary Pablie State of Florida at Large My Commission Expires Feb. 26, 1984 Bonded Thru General Ins. Underwriters STATE OF FLORIDA ) )ss.. COUNTY OF BROW ARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared W 4theerio—ns W. F L K, Mayor of the City of Tamarac, and `, City Clerk for the City of Tamarac, to me known to be 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. WITAIESS my hand and official seal in the State and County last aforesaid, this,Z7 day of _, 1982. Notary Public, State of Florida at Large My Commission Expires: NOWY PUBLIC! STATE OF FLORIDA AT LARGE MY COMMISSION EXE)9APR 21 1984 @ONDED THRU GENERAL INS UN^ .".14;"i1 'S • -3- JOINDER BY MORTGAGEE 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 January 11, 1982, and recorded January 13,1982 , under Clerk's File No. 82-9304 , in ' Official Records Book 9979 , at Page 5 5 6 , of the Public Records of Broward 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. IN WITNESS WHEREOF, these presents have been executed this --- day of , 198•�. 0 0 WITNESSES: G L CORPORATION By: 4-4 icF President Attest: Id A 4S.V Secretary STATE OF ) )ss.: COUNTY OF (2-o-k ) BEFORE ME, the undersigned authority, this day appeared e�M�_ and �. S.1Q ,both being to me well know and known by me to be�theJand respectively, of G L Corporation, a corporation under the laws of the State o Delaware, 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 A.D., 198���.`-�w-� on this, the day of . e _ otary Public My Commission Expires: M EXHIBIT "A" DESCRIPTION: A 15.00 Foot Drainage Easement Lying'7.50 Feet Either Side of the Following Described Centerline Being in Parcel "R", of WOODLAND LAKES, according to the Plat thereof, as recorded in Plat Book 71, Page 18, of the Public Records of Broward County, Florida, the centerline being more particularly described as follows: Y COMMENCING at the Northeasterly corner of said Parcel "R"; thence North 89 O1'15" West along the North line of said Parcel "R", a distance of 610.09 feet to the POINT OF BEGINNING of this description; thence South 05 00'00" West, a distance of 27.00 feet, thence South a distance of 55.00 feet, thence North 73 57'47" West, a distance of 87.68 feet to a point hereinafter described as Point "A"; hence North 24 00100" East, a distance of 35.00 feet; thence North 05 00'00" East, a distance of 27.00 feet to the Point of Terminus. Said point being further described as being on the North line of said Parcel "R" together with the following des- cribed centerline. BEGINNING at the aforementioned Point "A", thence South 21000100" West, a distance of 45.00 feet to the Point of Terminus, together with the following described centerline. COMMENCING at the Southwesterly corner of said Parcel "R"; thence North 00 01'37" West along the West line of said Parcel "R", a distance of 195.09 feet to the POINT OF BEGINNING of this description; thence North 78 15'00" East, a distance of 25.00 feet; thence North 59 00'00" East, a distance of 56.85 Beet to a point hereinafter described as Point "B"; thence North 51 45'00" West, a distance of 61.59 feet; thence North 84°15'00" West, a distance of 25.00 feet to the Point of Terminus, together with the following described centerline. BEGINNING at the aforementioned Point "B"; thence North 90000,00" East, a distance of 30.00 feet to the Point of Terminus, together with the following described centerline. COMMENCING at the Southwesterly corner of said Parcel "R"; thence South 89 O1'50" East along the South line of said Parcel "R", a distance of 455.09 feet to the POINT OF BEGINNING of this description; thence North 37 00'00" West, a distance of 80.00 feet; thence North 13 30'00" East, a distance of 145.00 feet to the Point of Terminus, together with a 40.00 foot Drainage Easement lying 20.00 feet either side of the following described centerline. COMMENCING at the Southwesterly corner of said Parcels"R"; thence South 89 O1'50" East along the South line of Parcel "R", a distance of 455.00 fe6t; thence North 37000,00" West, a distance of 80.00 feet; thence North 13 30'00" East, a distance of 145600 feet to the POINT OF BEGINNING of this description; thence North 23 24'07" West, a distance of 68.23 feet to a point hereinafter described as Point "C"; thence North 43 00'00" East, a distance of 179.81 feet to the Point of Terminus, together with the following described centerline. BEGINNING at the aforementioned Point "C"; thence South 84045'00" West, a distance of 312.54 feet to the Point of Terminus. Said lands situate, lying and being in Broward County, Florida. 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