HomeMy WebLinkAboutCity of Tamarac Resolution R-82-020Introduced by 41
Temp. #2146
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- a
A RESOLUTION APPROVING AND ACCEPTING A 15-FOOT NON-
EXCLUSIVE WATER AND SEWER EASEMENT OFFERED
BY DOUGLAS WOLFE, AS TRUSTEE AND NOT
INDIVIDUALLY, IN A PORTION OF PARCEL "R" OF
WOODLAND LAKE, ACCORDING TO THE PLAT AS RE-
CORDED 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.
11E. IT RESOLVED'BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the 15-foot Non -Exclusive Water and Sewer
Easement offered by Douglas Wolfe, as Trustee and not Individually,
in a portion of Parcel "R" of Woodland Lake, 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'Public Records of Broward County,
i Florida.
20 :.SECTION 3: This Resolution shall become effective upon adop-
tion.
-) PASSED, ADOPTED AND APPROVED this day of L- 1982.
sG
ATTEST:
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ASSISTANT CITY CLERK
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I HEREBY CERTIFY that I have
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approved the form and correct-
ness of this Resolution.
MAYOR:
'
4 C,!` ��
DISTRICT
ITY ATTORNEY
DISTRICT
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DISTRICT
DISTRICT
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\�� �_ - " .._9_,,_
MU-0
RECORD OF COUNCIL VOTE
' F_XR151--
GRANT OF NON-EXCLUSIVE WATER do SEWER EASEMENT
THIS INDENTURE, made this & 4 day of J p NJ AR It , 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 water and sewer 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 water and
sewer 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 water and sewer
easement on, over, upon, under and across the land described in Exhibit "A", for the
construction, installation, operation, maintenance and service of such water and
sewer facilities as Grantee may deem necessary (which easement shall include, but
shall not be limited to sanitary sewer force mains, pump stations, water mains,
pipes, manholes, catch basins, valves, wires, poles, conduits and appurtenant
equipment) to be installed from time to time; with the right to reconstruct,
improve, add to, change the size of or remove such facilities or any of them; to
permit the attachment of service connections, laterals, conduits, wires or cables of
any other Company or person; also, to cut, trim and keep clear all trees, brush and
undergrowth or other obstructions that might endanger or interfere with said
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
Prepared by and Return to: Victor L. Stosik, Esq.
Address: 8925 S.W. 148th Street, Suite 9B
Miami, Florida 33176
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 water and sewer easement for said purposes are and shall be a non-
exclusive water and sewer 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 Water & Sewer Easement.
IN WITNESS WHEREOF, GRANTOR has executed
and year first above written.
In the presence of:
V
DOUGLASWC
NOT INDIVIM
ACCEPTANCE OF GRANT OF NON-EXCLUSIVE WAN
instrument on the day
i]
Y
& SEWER EASEMENT
The CITY OF TAMARAC does hereby accept the foregoing Grant of Non -
Exclusive Water & Sewer Easement.
In the presence of: CIT)
IV
-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 b
the person who executed the foregoing instrument, and he acknowledged before m�
that he executed the same.
WITNESS my hand and official seal in the State and County last aforesaid,
this 0-k day of _.,_w J i9 A y , 1982.
Notarf Public, State of Florida at Large
My Commission Expires:
Notary Public State of Florida at Largs
My 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
W ALTER l
4LK, Mayor of the City of Tamarac, and
City Clerk for the City of Tamarac, to me known to
e the ersons whuted 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.
W I PJ SS my hand and official seal in the State and County last aforesaid,
this aay of F-- -, 1982.
12
Notary Public, State of Florida at Large
My Commission Expires:
dOTARY PUBLIC STATE OF FLOR I DA AT LAR_Q
MY -COMMISSION EXPIRES APR 21 1984
80NDED T1:RU GENERAL INS:
M
-3-
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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
Water & Sewer Easement does hereby acknowledge that the terms of said Grant of
Non -Exclusive Water do Sewer 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- .
WITNESSES:
STATE OF JV,,v�" )
)ss.:
COUNTY OF Co*kJ )
G L CORPORATION
By:
Vi c President
Attest: //.#
,4PZS,fs cretary
BEF RE ME, the undersi ned authorit this day appeared
and �, ). ,, both being to me
well known and own by me to the and
— and
spectively, of G L Corporation, a corporation under the
laws te of 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.
cWITNESS my _ hand
A.D., 199-.
My Commission Expires:
and official Seal at
, on this, the //-/;( day of
Notary Public
rift.
DESCRIPTION: A 1.5.00 foot Sanitary Sewer Line Easement Lying
7. 50feet Either Side of the Following Described
Centerline
A portion of Parcel "R", 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 said Parcel "R"; thence
North 00 01137" West along the West line of said Parcel "R",
a distance of 6.00 feet; thence South 89001'50" East along a
line 6.00 feet North of, and parallel with, as measured at right
angles to, the South line of said Parcel "R", a distance of 6.00
feet to the POINT OF BEGINNING of this description; said point
being hereinafter described as Point "A"; thence continue South
89 01150" East along the last described course, a distance of
250.00 feet to a goint hereinafter described as Point "B thence
continue South 89 01'50" East along the la8t described course,
a distance of 342.14 feet; thence North 53 01'38" East along a
line 6.00 feet West of, and parallel to, the EasterTy boundary
of said Parcel "R", a distance of 210.00 feet to a point herein-
after described as Point "C"; thence continue North 53 01'38"
East along the last described course, a distance of 116.35 feet
to a point; thence North 00 58'10" East, a distance of 230.00
feet to the Point of Terminus; TOGETHER WITH, the following de-
scribed easement:
BEGINNING at the aforementioned Point "A"; thence North 00001'37"
West along a line 6.00 feet East of, and'parallel with, as measured
at right angles to, the West life of said Parcel "R", a distance
of 400.00 feet; thencS South 89 01150" East, a distance of 305.00
feet; thence North 57 00100" East, a distance of 95.00 feet to
the Point of Terminus; TOGETHER WITH, the following described
easement:
BEGINNING at the aforementioned Point "B"; thence North 07000,00"
West, a distance of 120.00 feet to the Point of Terminus; TOGETHER
WITH, the following described easement:
BEGINNING at the aforementioned Point "C"; thence North 46058122"
West, a distance of 180.00 feet to the Point of Terminus.
Said lands situate, lying and being in Broward County, Florida.
WEW/tlp
12/14/81
80-0336
Rev. 12/16/81
EXHIBIT "A" W
Page 1 of 4 pages
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-Page 2 of 4 Pages-
DESCRIPTION: A 15.00 Foot Water Line Easement Lying 7.50
Either Side of the Following Described Uenter-
line
A portion of Parcel "R", 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 said Parcel "R"; thence
North 00 01'37" West along the West line of said Parcel "R",
a gistance of 80.00 feet to the POINT OF BEGINNING; thencs South
89 01150" East, a distance of 75.00 feet; thence North 71 45'00"
East, a distance of 160.00 feet; thence North 80°15'00" East,
a distance of 42.00 feet; thence Soutg 73 00100" East, a dis-
tance of 140.00 feet; thence Sooth 89 01150" East, a distance
of 112.00 feet; thenco North 75 00100" East, a distance of 55.00
feet; thence North 53 01138" East, a distance of 210.00 feet;
thence North 26 00100" East,'a distance of 50.00 feet; thence
No&th 00 58110" East, a distance of 185.06 feet; thence North
89 01150" West along a line 23.50 feet South of, and parallel
with, as measured at right angles to, the North line of said
Parcel "R", a distance of 760.85 feet to the Point of Terminus;
said point being further described as being on the Westerly
boundary of said Parcel "R"; TOGETHER WITH, the following de-
scribed easement:
COMMENCING at the Point of Terminus of the above described
easement; thenco South 89 01150" East, a distance of 100.00 feet;
thence South 00 01136" East, a distance of 50.00 feet to the
Point of 'Terminus.
Said lands situate, lying and being in Broward County, Florida.
WEW/tlp
12/14/81
80-0336
Rev. 12/16/81
EXHIBIT "A"
Page 3 of 4 Pages
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