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Home My WebLink AboutCity of Tamarac Resolution R-96-0611 Temp. Reso. #7354 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96--LZ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A SIDEWALK EASEMENT ON PRIVATE PROPERTY ADJACENT TO AND SOUTH OF THE RIGHT-OF-WAY OF NW 80TH STREET BETWEEN NW 108TH TERRACE AND NOB HILL ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 20-85 of the City Code of the City of Tamarac requires an. easement for a sidewalk constructed on private property, and WHEREAS, Lennar Homes has constructed a sidewalk along the south side of NW 80th Street, portions of which lie outside of the public road right-of-way on private property; and WHEREAS, Lennar Homes has prepared and furnished the required documents to dedicate the sidewalk easement to the City of Tamarac; and WHEREAS, the Public Works Director and City Engineer have received and reviewed the sidewalk easement documents and recommend they be accepted and executed by the appropriate City Officials; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it in the best interest of the City of Tamarac to authorize the appropriate City Officials to accept and execute the sidewalk easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized to accept and execute the sidewalk easement document, a copy of which is attached hereto as Exhibit "A". 1 J 1 Temp. Reso. #7354 SECTION 3: That all Resolutions or parts of Resolution in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: That 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 portion or applications of this Resolution. SECTION 5: That the City Clerk is hereby directed to record the sidewalk easement in the records of Broward County SECTION 6: That this resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this r,'7 day of `%7i^c , 1996. ATTEST: v CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have appr ed this Resolution as to from MAYOR DIST.1: DIST. 2: DIST. 3: MITCHELL A DIST.4: CITY ATTORNEY GES/bl agenda mtg. 3/27/96 MAYOR RECORD' OF COMMISSION VOTE EXHIBIT "A" • • E CITY OF TAMAFlAC SIDEWALK EASEMENT FOR: N.W. 80TH STREET NAME OF PROJECT On this day of -4/11 199 , Lennar Homes, Inc. address of 7600 Nab Hill Road, Tamarac FL 33321 having an hereinafter ("Grantor"), expressly grants an easement to the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, (hereinafter "Grantee"), subject to the following provisions and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid by Grantee to Grantor, receipt of which is hereby acknowledged by both parties. Grantor is the fee simple owner of that parcel of real property, a legal description of which is attached hereto as Exhibit "A", and incorporated by reference herein, (hereinafter "the servient estate"). Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, a perpetual easement under, over and upon a portion of the servient estate, a legal description of which is attached hereto as Exhibit "B" and incorporated by reference herein, (hereinafter "the easement area"). Grantee may use the easement area for the purpose of installation, maintenance and pedestrian access. 1 • r� u • Grantee's right to utilize the easement area shall be exclusive to the extent that Grantor shall grant no easement or license, nor make any covenants, having the effect of permitting use of the easement area by one other than Grantee, except grantor may furnish an easement to Florida Power and Light, Southern Bell or franchised cable TV that crosses this easement. Grantor may, for its own purposes, utilize the easement area and shall retain a right of free ingress and egress under, over and upon the easement area; provided that, in no event, shall any of the rights herein reserved to Grantor impede the easement herein granted or the exercise of the rights of use thereunder. Grantee shall have the right to remove any natural or man made obstructions placed on the easement which impede the easement herein granted or the exercise of the rights thereunder. Grantor grants to Grantee, a perpetual non-exclusive easement upon the servient estate whereby Grantee shall have reasonable access necessary to fully exercise Grantee's rights within the easement area. The provisions of the easement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with and binding upon the servient estate. This easement shall not be released or amended without consent of the Grantee as evidenced by a document signed with the same formalities as this document. 2 0 Grantee shall record this document in the Public Records of Broward County, Florida. E-j U] This instrument contains the entire agreement between the parties relating to the rights granted and the obligations assumed pursuant to this instrument. Any oral representations or modifications concerning this instrument, shall be of no force and effect, excepting a subsequent modification reduced to writing, signed by the party to be charged therewith. 3 • • • IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Lennar Homes, Inc. Witness Witness /rloco.�o✓. r y STATE OF FLORIDA : SS COUNTY OF BROWARD By: Michael J. ola-k Vice President 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 Michael J. Smolak to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and offi�-i�i►liiseA day of F p 9a((p-. Notrry:Stat. of Florida .��Jjjk'P COMM COmCC 04A3�1198 ��ww+�+�wwwww.wwww,�,A,�w�,• NOTARY PUBLIC, State of Florida at Large aw'-L' Z GG 1)(4 (PS7 Signatur Notary Public) Print A tine, Daffy Commission No. PO Personally known to me, or ( )Produced Identification ( )Type of I.D. Produced ( )DID take an oath, or ( )DID NOT take an oath. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and ACCEPTED BY CITY OF TAMARAC 4 delivered in in the presence of: l ATTEST. By: Robert S. Noe, Jr., City Manager ATTEST: BY: - Carol A. Evans, City Clerk GRANTEE By: 4Norman Abramowitz, T or Date: ►[� Y= ' Robert S. Noe, Jr., City Manager Date • V- (/�- 96 Annroved as thform: STATE OF FLORIDA: Mit4hell = y" " ,,+ • Ss City Attorney[/ COUNTY OF i�+w�� I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknofedgments, personally appeared j2p Aawyw u1L.. to me known to be the pe son (s) describe in and who execu ed the foregoing instrument and acknowledged before me and under oath that executedl the same. WITNESS my hand and official se 1 this day of n n: I . 1996. ,0RY P[,BliO FICIAL NOTARY SEAL AREN M JACCXSCN COMMISSM NUMBER ��. MY COMMISSION EXP. oFF60 MAY 141996 Personally known to me, or ( ) Produced identification (DID take an oath, or ( i:\word6tworarltemaraclweldeamc.doc r] L A dvN Ike V4�1 — NOT Y PUBLIC, &4W4 o of Florida af�t%% Large L%'O-. en Type of I.D. Produced DID NOT take an oath. 5 • • CARNAHAN - PROCTOR & ASSOCIATES INC C,J� r``` CONSULTING ENGINEERS • SURVEYORS • PLANNERS LAND DEVELOPMENT CONSULTANTS 6191 WEST ATLANTIC BLVD.. MARGATE, FL 33063 (305)972-3969 FAX (306)972-4178 NOT A SURVEY (SKETCH AND LEGAL DESCRIPTION) SIDEWALK EASEMENT CANAL LEGAL DESCRIPTION THAT PORTION OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ALSO BEING A PORTION OF THAT CERTAIN 50.00 FOOT WIDE CANAL EASEMENY AS RECORDED IN OFFICIAL RECORD BOOK. 9768, PAGE 866 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNM AT THE NORTHEAST CORNER OF PARCEL -E', 'KINGS POINT REPLAT', AS RECORDED IN PLAT BOOK 1 S6, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA., THENCE SOUTH 62.56'43' EAST, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF N.W. BOTH STREET AS RECORDED IN OFFICIAL RECORD BOOK 6260, PAGE 618 OF SAID PUBLIC RECORDS, A DISTANCE OF 17.63 FEET; THENCE NORTH 75'32'18' WEST, A DISTANCE OF 18.06 FEET; THENCE NORTH 27 *03'17* EAST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL'E-, A DISTANCE OF 3.94 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, SROWARD COUNTY, FLORIDA. NOTES 01. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 02. THIS DRAWING IS THE PROPERTY OF CARNAHAN-PROCTOR & ASSOCIATES, INC., AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. 02. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE UNDERSIGNED FOR RIGHTS -OF -WAY, EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF RECORD. SUCH INFORMATION SHOULD BE OBTAINED AND VERIFIED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION, 04. ALL EASEMENT SHOWN HEREON ARE PER RECORCED PLAT UNLESS OTHERWISE NOTED, 06, DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 06. BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY BOUNDARY OF PARCEL'E', 'KINGS POINT REPLAT', (P.B, 1 S6, PG. 3, B.C.R.) BEARING S 27^03'17' W. ABBREVIATION A - ARC LENOTH B,CA. BROWARD COUNTY RECORDS C.M.E. - CANAL MAINTENANCE 0 - DELTA (CENTRAL ANGUEI O.A.B. - OFFICIAL RECORD BOOK M- PCA0018URVM9S1 20E18WENCH.S&L P-8, - PLAT BOOK R - RADIUS P0. PAGE (BI RAN RIGHTOF-WAY P.O.B. - POINT OF BEGINNING SAN - &OEWALK P.O.C. POINT OF COMMENCEMENT U.F. - UTILITY EASEMENT PVMT. PAVEMENT U.,OA C.M.E. - UTILITY, DRAINAGE a CANAL MAINTENANCE 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 61 G17-6, 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. THOMAS C. SHAHAN PROFESSIONAL LAND SURVEYOR DATE OF LAST FIELD WORK: NOT A SURVEY FLORIDA REGISTRATIONNO. 4387 KINGS POINT REPLAY JOB NO-: 881205 DATE: 2-8.96 SHEET 1 OF 2 SHEETS • • SKETCH AND LEGAL DESCRIPTION SIDEWALK EASEMENT KINGS POINT REPEAT PARCEL "E " LOCATION MAP ADDENDUM F.B./PC. DATE I BY CK'D JOB NO. 881205 JDWG BYt JM SCALEI NONE S/W ENCROACHMENT KINGS POINT REPEAT CK'D Bys TCS_ DATEI 2-12-96 1 SHEET 2 OF 3 SHEETS FILE. 1.\prdledfa\1105\8uetdh.dQn r� u rI SKETCH AND LEGAL DESCRIPTION SIDEWALK EASEMENT KINGS POINT REPLAT PARCEL "E " �kz / y / H A► / • vv Q.`ay RV / 3 9'•�r� Nq ft NrS.39'ss s�• 6. @,C,R• 40y9ATh ' a ss2 p4R�4sT • �. 's� ADDENDUM F-B-,fPG-j DATE I BY CK-0 JOB NO. 861205 1 DWG BYt im SCALEm 1'• 20SIV ENCROACHMENT KINGS POINT REPLAY CK'D B i TCS DATE, 2-12-26 SHEET 3 OF 3 SHEETS FILE, I'\projmQts%1105 bKetch.dgn _ CARNAHAN•PROCTOR & ASSOCIATES, INC. CONSULTING ENGINEERS • SURVEYORS • PLANNERS LAND DEVELOPMENT CONSULTANTS 6191 WEST ATLANTIC BLVD., MARGATE. FL 33063 (305)972-3969 FAX (306)972.4178 NOT A SURVEY (SKETCH AND LEGAL DESCRIPTION) SIDEWALK EASEMENT KINGS POINT RELPAT PARCEL "E" LEGAL DESCRIPTION THOSE PORTIONS OF PARCEL'E', KINGS POINT REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 156, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL'E' (SAID POINT BEING ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 27' 24'36' EAST); THENCE NORTHEASTERLY AND EASTERLY ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL'E' AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 1160.00 FEET AND A CENTRAL ANGLE OF 32'09'58', A DISTANCE OF 651.23 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 04.46'21' WEST; THENCE CONTINUE EASTERLY ALONG SAID NORTHERLY BOUNDARY AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 1160.00 FEET AND A CENTRAL ANGLE OF 05.37'20', A DISTANCE OF 113.83 FEET; THENCE NORTH 87.07'36' WEST, ALONG A LINE NON -RADIAL TO THE LAST DESCRIBED CURVE, A DISTANCE OF 41.26 FEET; THENCE NORTH 83.12'51' WEST, A DISTANCE OF 50.24 FEET; THENCE NORTH 72.10'33' WEST, A DISTANCE OF 22.80 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: CONFAENCING AT THE NORTHEAST CORNER OF SAID PARCEL'E'; THENCE NORTH 62.56'43' WEST, ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL'E', A DISTANCE OF 701.76 FEET TO THE POINT OF BEGINNING; THENCE NORTH 74.17'16' WEST, A DISTANCE OF 66.41 FEET; THENCE NORTH 66-08'14- WEST, A DISTANCE OF 6.84 FEET; THENCE NORTH 48.58'61' WEST, A DISTANCE OF 49.44 FEET; THENCE SOUTH 62.66'43' EAST, ALONG SAID NORTHEASTERLY BOUNDARY, A DISTANCE OF 118.89 FEET TO THE POINT OF BEGINNING. ALSO TOGETHER WITH: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL'E'; THENCE NORTH 62.66'43' WEST, ALONG THE NORTHEASTERLY • BOUNDARY OF SAID PARCEL'E', A DISTANCE OF 00.89 FEET TO THE POINT OF BEGINNING; THENCE NORTH 74.41'44' WEST, A DISTANCE OF 20.01 FEET; THENCE NORTH 61.16'56' WEST, A DISTANCE OF 9.11 FEET; THENCE NORTH 62'02'06' WEST. A DISTANCE OF 20.13 FEET; THENCE SOUTH 62' 56'43' EAST, ALONG SAID NORTHEASTERLY BOUNDARY, A DISTANCE OF 48.46 FEET TO THE POINT OF BEGM040. ALSO TOGETHER WITH: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL'E'; THENCE SOUTH 27.03'17' WEST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL'E', A DISTANCE OF 3.94 FEET; THENCE NORTH 76.32'18' WEST, A DISTANCE OF 6.48 FEET; THENCE NORTH 47.20*13* WEST, A DISTANCE OF 19.07 FEET; THENCE SOUTH 62.66*43' EAST, ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL 'E', A DISTANCE OF 23.71 FEET TO THE POINT OF BEGIMMNG. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. NOTES 01. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 02. THIS DRAWING IS THE PROPERTY OF CARNAHAN-PROCTOR & ASSOCIATES, INC., AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. 03. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE UNDERSIGNED FOR RIGHTS EASEMENTS, -OF -WAY, RESERVATIONS, AND OTHER SIMILAR MATTERS OF RECORD, SUCH INFORMATION SHOULD BE OBTAINED AND VERIFIED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION, 04. ALL EASEMENT SHOWN HEREON ARE PER RECORCED PLAT UNLESS OTHERWISE NOTED. 05. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 06. BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY BOUNDARY OF PARCEL'E', 'KINGS POINT REPLAT', (P.O. 166, PG. 3, B.C.R.) BEARING S 27'0317' W. ABBREVIATION A - ARC LENtlYH P.Y. - FIAT BOOK RAV - RIGHT-OF-WAY B.C.R. - BRDWARD COUNTY RECORDS' PG. - PAGE 131 BAY ppEWALK C.M.E. - CANAL MAINTENANCE P.O.B. + POINT OF BEGINNING U.E. - UTILITY EASEMENT D - DELTA ICENTRAL ANGLE) P.D.C. - POINT OF COMMENCEMENT U.,DA C.M.E. - UTILITY. DRAINAGE • CANAL OFFICIAL RECORD BOOK PVMT. - PAVEMENT MAINTENANCE F44MMENT R RADIUS 11YVPCAOD%SURVEY\Y 414051S1Y•ENCN.54iL SURVEYOR'S CERTIFICATION 1 HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61 G17-6, 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. TH MAS C. SHAHAN PROFESSIONAL LAND SURVEYOR DATE OF LAST FIELD WORK: NOT A SURVEY FLORIDA REGISTRATION NO, 4387 KINGS POINT REPLAT JOB NO.: 881205 DATE: 2.8.96 SHEET 1 OF 0 SHEETS 1 -- SKETCH AND LEGAL DESCRIPTION r� u 0 u SIDEWALK EASEMENT KINGS POINT REPLAT PARCEL "E " LOCATION MAP ADOENOUM F.B./PG. DATE BY CK-0 JOB NO. 881205 IDWG BYs JAI SCALEI 1-. 20- S/W ENCROACHMENT KINGS POINT REPLAT W O B f TCS IDATEs 2.8-96 SHEET 2 OF 6 SHEETS FILEt 11\pr0J*cfe\1105\8kefeh.dgn C� • SKETCH AND LEGAL DESCRIPTION SIDEWALK EASEMENT KINGS POINT REPLAT PARCEL "E " P.O.C. NORTHWEST CORNER PARCEL "E" PARCEL "E " KINGS POINT RELPAT P.B. 156, PG. ]. B.C.R. ADDENDUM F.D./PC. I DATE IBY CK'0 JOB NO. 861205 7,0WG By. JM SCALEi NONE S/W ENCROACHMENT KINGS POINT REPLAT CK'D 8 I TC5 IDATEe 2-8-96 SHEET S OF 6 SHEETS FILET Il\proj&Cf3\1105\5k6iCh.dgn • • SKETCH AND LEGAL DESCRIPTION SIDEWALK EASEMENT KINGS POINT REPLAT PARCEL "E " ADDENDDMI F.5./PG. I DATE IBY CK'D I JOB NO. 881205 DNG BYI JIA SCALE@ I". 20' S/M ENCROACHMENT KINGS POINT REPLAT CK'D Bys TCS IDATEi 2-8-96 SHEET 4 OF 6 SHEETS FILE. I,\prolects Nl105�Ake}ch.dgn C� rl SKETCH AND LEGAL DESCRIPTION SIDEWALK EASEMENT KINGS POINT REPLAT PARCEL "E " 04. ss. ®. C R ADDENDUM F.B.MG. I DATE I BY CK'D JOB NO. 881205 OWG BYa im SCALES 1 "- 20• S)V ENCROACHLiENT KINGS POINT REPLAT CK'O Sys TCS IDATEe 2-6-96 SHEET 5 OF 6 SHEETS FILES Is\prcj&ct4\1105\sKstch.Cpn SKETCH AND LEGAL DESCRIPTION SIDEWALK EASEMENT KINGS POINT REPLAT PARCEL "E " Auunnuurw F.B.*?G. I DATE I Y CK'D ' JOB NO. 801205 ro= By. JMI SCALEa 1.. 20. 'W ENCROACHMENT 1 KINGS POINT REPLAY CK'D B o TC5 IDATEs 2.8.96 SHEET 6 OF 6 SHEETS FILE- Ir\pr0j9cteV10S%8Retch.dan