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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-090Temporary Resolution No. 13159 August 8, 2018 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A VACATION OF EASEMENT PETITION IN AN EFFORT TO VACATE TWO (2) UTILITY EASEMENTS LOCATED ON THE SOUTHWEST CORNER OF THE TAMARAC VILLAGE PROPERTY, MORE SPECIFICALLY NEAR THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND N.W. 94 AVENUE AS FURTHER DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" ; (CASE NO. 4-P-18); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, James Gielda, the designated agent for the property owner, Tamarac Land Trust, Alan L Poulin PA Trustee, has requested a Vacation of Easements in order to vacate two (2) utility easements dedicated by Plat lying in a parcel of land as described in the legal descriptions within the attached survey (Exhibit "A", attached hereto are incorporated herein and made a specific part thereof); and WHEREAS, the section of the subject Vacation of Easements were previously platted and designated by the single O.R.B and PG: O.R.B. 39392, PG 797, and WHEREAS, the City Engineer has been contacted and has stated no objection to the Vacation of Easement of the utility easements; and WHEREAS, the Director of Community Development recommends approval, and WHEREAS, the Planning Board conducted a duly noticed public hearing and recommended approval on August 8, 2018; and Temporary Resolution No. 13159 August 8, 2018 Page 2 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to grant the Vacation of Easement in order to vacate two (2) utility easements dedicated to the City by Plat lying in a parcel of land as described in the legal descriptions within the attached survey (Exhibit "A", attached hereto are incorporated herein and made a specific part thereof); located on a parcel of land near the NE corner of Commercial Boulevard and N.W. 94 Avenue, in order to accommodate the Tamarac Village development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: That the two (2) utility easements dedicated to the City by Plat lying in a parcel of land located near the NE corner of Commercial Boulevard and N.W 94 Avenue, IS HEREBY vacated. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 in application, it shall not affect the validity of the remaining portions or applications of this Resolution. E E E 0 Temporary Resolution No. 13159 August 8, 2018 Page 3 SECTION 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this ATTEST: day of &rat 2018. 1 &' �" AR Y DRESSLER, MAYOR A RICIA TE FE MC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER ' DIST 1: COMM. BOLTON L DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN Z DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM A UEL S. GOREN CITY ATTORNEY ❑ YiFQGg�iiT�iii�i$��$^^:�:�:�����P$48@"�:�P44 i l a- YYYYYYYYYYYYYYYY YYYYYYYYYYYYYYBYYYY_ ���� tl.mm^�mmmm------uu-----�ra�xibrron��rrzR�aaxXg c 4n z i "NS aNn 8 l E g�e�W W W N W Q _J H J_ H >0 U Z Q J N FQ- Q H J Q