HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-010Temp. Reso# 10613
January 4, 2005
Page 1 of 3
Revision #1 January 18, 2005
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005- / v
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A QUIT CLAIM DEED WITH LENNAR LAND
PARTNERS AND LENNAR HOMES, INC. FOR RETENTION
AREAS 1" THROUGH °3" IN THE VILLAGE OF YARDLEY
PROJECT, LOCATED NORTHWEST OF THE INTERSECTION
OF NW 77" STREET AND 96r" AVENUE, REQUIRED TO
ALLOW LEGAL ACCESS BY CITY PERSONNEL FOR
MAINTAINING THE SURFACE WATER MANAGEMENT
SYSTEM; AUTHORIZING AND DIRECTING THE CITY CLERK
TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS
OF BROWARD COUNTY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Site Plan for the Village of Yardley Project located northwest of the
intersection of NW 77th Street and 96th Avenue was approved by City Commission on
February 13, 2002;and
WHEREAS, development of the Village of Yardley Project required construction of
retention areas 1" through "3" a legal description of which is attached hereto as
attachment Exhibit "A" to Exhibit "1 ";and;
WHEREAS, these retention areas are adjacent and attached to the City's canal
system; and
WHEREAS, a Quit Claim Deed is required for these areas for the City to maintain
the Surface Water Management System; and
Temp. Reso# 10613
January 4, 2005
Page 2 of 3
Revision #1 January 18, 2005
WHEREAS, Lennar Land Partners and Lennar Homes, Inc., as the owners of the
property have offered a quit claim deed for the dedication of the drainage retention areas
1" through "3" attached hereto as Exhibit 1"; and
WHEREAS, it is the recommendation of the City Engineer that this quit claim deed
be executed; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept the
dedication of the drainage retention areas from Lennar Land Partners and Lennar Homes,
Inc., for the Village of Yardley Project, required for the maintenance of the Surface Water
Management System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof.
SECTION 2: The appropriate City Officials are hereby authorized to accept
and execute a Quit Claim Deed hereto attached as Exhibit 1" for the drainage retention
areas 1" through "3" (a legal description of which is attached hereto as Exhibit "A" to
Exhibit 1 ") from Lennar Land Partners and Lennar Homes, Inc., for the Village of Yardley
Project, located northwest of the intersection of NW 77th Street and 96th Avenue to allow
legal access by City Personnel in performing their duties, including maintenance.
SECTION 3: The City Clerk is hereby authorized and directed to record said
Quit Claim Deed in the public record of Broward County.
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Temp. Reso# 10613
January 4, 2005
Page 3 of 3
Revision #1 January 18, 2005
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 26t" day of January, 2005.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHEI
CITY A
/JOE SCHREIBER
Mayor
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
Exhibit "1"
This instrument prepared by:
Carnahan, Proctor, & Cross, Inc.
6101 W. Atlantic Blvd.
Margate, FL 33063
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, Executed this 1 (o day of K1(N ,yJYy , 20Lkj by
Grantor, to
LENNAR LAND PARTNERS
THE CITY OF TAMARAC, A FLORIDA MUNICIPAL CORPORATION,
whose post office address is 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, Grantee.
WITNESSETH: That the said Grantor, for and in consideration of the sum of $10.00 and
other good and valuable considerations in hand paid by the said Grantee, the receipt whereof is
hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever,
all the right, title, interest, claim and demand which the said Grantor has in and to the following
described lot, piece or parcel of land, situate, lying and being in the County of Broward, State of
Florida, to -wit:
See Exhibit "A" attached hereto and made a part hereof.
To have and to Hold the same together with all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof
of the said Grantee forever.
"Grantor" and "Grantee" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year
first above written.
ATTEST: ACCEPTED BY CITY OF TAMARAC, GRANTEE
Y Y' t---
J re L. Miller,
CITY MANAGER MAYOR
ATTEST: Date:
By: 'VLjLJ4 By:
Jeffrey L. Miller,
CITY CLERK CITY MANAGER
Date
Ap
By:
k"
STATE OF FLORIDA
CK�PI'L�1� 3.Z�Fi4�:7�7
Mitchell Kraft 1-'
CITY ATTORNEY
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized i! he State of resaid
and in the County aforesaid to take acknowledgments, personally appeared -JOe--r� S2.r;414/
. Q g4uq C' Al L yl e r to me known to be the persons described in and who executed the
foregoing instrument and acknowledged before me that executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this �7� day of
A.D., 20 BS .
r
Notary Pu
My Commission Expires:
J U NE" A. WHI T'i_
Notary Public - Stftts of Florida
. = fdy Conytiraion EJ#E* Aug 15, 2W6
Commission D[)11p4d5
Hondad Fly National Nola
_ ry Assn.
2
Signed, sealed and delivered in the presence of:
ITNE
Print name
i
ITNESS
Print name f�YY114Z k I �
STATE OF FLORIDA §
COUNTY OF BROWARD §
(GRANTOR)
LENNAR LAND PARTNERS, A FLORIDA
GENERAL PARTNERSHIP
By: LENNAR HOMES, INC. ATTORNEY
IN FACT PURSUANT TO POWER
OF ATTORNEY RECORDED IN
OFFICIAL RECORDS BOOK 27298,
PAGE 824, OF THE PUBLIC RECORDS
a
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgments, personally appeared � [t_�'_-6'1+_c-
to me known to be the persons described in and who executed the foregoing instrument and he
acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this day of
,M 4yw� A.D., 20c LL.
My Commission Expires: (Al A. 12�1 2
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Notary Public (
3
CARNAHAN • PROCTOR • CROSS INC.
CERTIFICATE OF AUTHORIZATION NO. LB 2936
6101 WEST ATLANTIC BLVD., MARGATE, FL 33063
PHONE (954)972-3959 FAX (954)972-4178 E-MAIL; margate@carnahan-proctor.com
EXHIBIT "A"
DESCRIPTION AND SKETCH
LAKE AREAS IN
"VILLAGE OF YARDLEY"
LEGAL DESCRIPTION:
THOSE PORTIONS OF PARCEL "Y", KINGS POINT REPLAT, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 156, AT PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LAKE AREA 1
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "Y"; THENCE ALONG THE WEST
BOUNDARY OF SAID PARCEL "Y" THE FOLLOWING FIVE (5) COURSES, NORTH 07036'48" WEST, A
DISTANCE OF 128.31 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 450.00 FEET AND A
CENTRAL ANGLE OF 21-00-44", A DISTANCE OF 165.03 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 450.00 FEET AND A
CENTRAL ANGLE OF 06058'52", A DISTANCE OF 54.83 FEET TO THE POINT OF TANGENCY; THENCE
NORTH 20022'48" EAST, A DISTANCE OF 140.56 FEET TO THE POINT OF CURVATURE OF A CIRCULAR
CURVE TO THE LEFT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF
790.00 FEET AND A CENTRAL ANGLE OF 04-22-50", A DISTANCE OF 60.40 FEET TO A POINT TO BE
KNOWN HEREINAFTER AS REFERENCE POINT "A", ALSO BEING THE POINT OF CUSP OF A
CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY, AND SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 58-20,36", A DISTANCE OF
50.91 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 42°20'38" EAST, A DISTANCE OF 111.21
FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE
SOUTHEASTERLY, SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 116041'17", A DISTANCE OF
50.91 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 74020'39" WEST, A DISTANCE OF 127.59
FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY,
SOUTHWESTERLY, AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 50.00
FEET AND A CENTRAL ANGLE OF 60-56-43", A DISTANCE OF 53.18 FEET TO THE POINT OF
BEGINNING.
AND:
LAKE AREA 2
COMMENCING AT SAID REFERENCE POINT "A", SAID POINT BEING ON THE ARC OF A CIRCULAR
CURVE TO THE LEFT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, AND ALONG SAID
WEST BOUNDARY OF PARCEL "Y", HAVING A RADIUS OF 790.00 FEET AND A CENTRAL ANGLE OF
04041'16", A DISTANCE OF 64.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
NORTHERLY ALONG THE ARC OF SAID CURVE, AND ALONG SAID WEST BOUNDARY, HAVING A
RADIUS OF 790.00 FEET AND A CENTRAL ANGLE OF 17°20'46", A DISTANCE OF 239.17 FEET TO A
POINT TO BE KNOWN HEREINAFTER AS REFERENCE POINT "B", ALSO BEING THE POINT OF CUSP
OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY, AND SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 42-06-56", A DISTANCE
OF 36.75 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 48009'00" EAST, A DISTANCE OF 97,10
FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE
SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A
RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 95048'22", A DISTANCE OF 41.80 FEET TO THE
POINT OF TANGENCY; THENCE SOUTH 47°39'22" WEST, A DISTANCE OF 114.29 FEET TO THE POINT
OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHWESTERLY, AND SOUTHERLY
ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF
36020'40", A DISTANCE OF 31.72 FEET TO THE POINT OF BEGINNING.
AND:
LAKE AREA 3
COMMENCING AT SAID REFERENCE POINT "B", SAID POINT BEING ON THE ARC OF A CIRCULAR
CURVE TO THE LEFT; THENCE ALONG SAID WEST BOUNDARY OF PARCEL "Y" THE FOLLOWING
KINGS POINT REPLAT, PARCEL "Y" I JOB NO.: 8812051 I DATE: 1-9-04
p:\projects\1105i\legals\lakes.doc
SHEET 1 OF 4 SHEETS
LEGAL DESCRIPTION (CONTINUED)
THREE (3) COURSES: NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 790.00
FEET AND A CENTRAL ANGLE OF 03-03-49", A,DISTANCE OF 42.24 FEET TO THE POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 440.00 FEET AND A CENTRAL ANGLE OF 03046'17", A DISTANCE OF
28.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY, AND NORTHEASTERLY
ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 440.00 FEET AND A CENTRAL ANGLE OF
45035'52", A DISTANCE OF 350.17 FEET TO THE POINT OF CUSP OF A CIRCULAR CURVE TO THE LEFT;
THENCE SOUTHWESTERLY, SOUTHERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 68006'46", A DISTANCE OF 59.44 FEET
TO THE POINT OF TANGENCY; THENCE SOUTH 27°50'30" EAST, A DISTANCE OF 80.81 FEET TO THE
POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY,
SOUTHERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00
FEET AND A CENTRAL ANGLE OF 69041'30", A DISTANCE OF 30.41 FEET TO THE POINT OF
TANGENCY; THENCE SOUTH 41051100" WEST, A DISTANCE OF 176.92 FEET TO THE POINT OF
CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHWESTERLY, AND SOUTHERLY
ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF
47010'36", A DISTANCE OF 41.17 FEET TO THE POINT OF BEGINNING,
SAID LANDS SITUATE IN THE CITY OF TAMARAC, 13ROWARD COUNTY, FLORIDA, AND CONTAIN 1.014
ACRES, MORE OR LESS.
NOTES
1. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC., AND SHALL NOT BE USED OR REPRODUCED IN
WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION.
3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY, AND RESTRICTIONS OF
RECORD,
4. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED.
5, THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS -OF -WAY,
EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION
NEED BE OBTAINED.
6. THIS IS NOT A SURVEY.
ABBREVIATIONS
A
= ARC LENGTH
F.P.L.
= FLORIDA POWER & LIGHT CO.
B.C.R.
= BROWARD COUNTY RECORDS
L.M.E.
= LAKE MAINTENANCE EASEMENT
C.M.E.
= CANAL MAINTENANCE EASEMENT
N.T.S.
= NOT TO SCALE
D
= DELTA (CENTRAL ANGLE)
O.R.B.
= OFFICIAL RECORD BOOK
D.E.
= DRAINAGE EASEMENT
P.B.
= PLAT BOOK
D.U.&C.M,E.
= DRAINAGE, UTILITY AND CANAL
MAINTENANCE EASEMENT
P.O.B.
= POINT OF BEGINNING
P.O.C.
= POINT OF COMMENCEMENT
P.O.T.
= POINT OF TERMINATION
R
r RADIUS
REF
= REFERENCE POINT
R/W
= RIGHT-OF-WAY
U.E.
= UTILITY EASEMENT
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH
MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID
DESCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
DONNA C. WEST
PROFESSIONAL SURV YOR AND MAPPER
FLORIDA LICENSE NO, LS4290
DATE OF LAST FIELD WORK: NOT A SURVEY
KINGS POINT REPLAT, PARCEL "Y"
p:\projects\1105i\legals\lakes,doo
JOB NO.: 8812051 1 DATE: 1-9-04 1 SHEET 2 OF4 SHEETS
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ADDENDUM F DATE I BY I CK-D
JOB NO. 8812051 DWC BY: JM SCALE! 1"- 60- LAKE AREAS
KINGS POINT REPLAT - PARCEL "Y" I CK-D By- DCW DATES 1-9-04 SHEET 4 OF 4 SHEETS
FILE: p'.\projects\1105i\cadd\sk-Ickes.dgn