HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-0061
Temp. Reso. # 12900
Page 1
January 25, 2017
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017 - 0
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING A
QUIT CLAIM DEED TO CONVEY THE VACATED
PORTION OF RIGHT-OF-WAY ON THE
SOUTHWEST CORNER OF MCNAB ROAD AND
HIATUS ROAD WITH CONDITIONS; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE
TERMS OF THIS RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, upon annexation of lands currently within the jurisdictional
boundaries of the City of Tamarac, Broward County conveyed the rights -of -way within
such areas to the City as City roads; and
WHEREAS, the right-of-way at the southwest intersection of McNab Road and
Hiatus Road is one such roadway that was conveyed by virtue of such annexation; and
WHEREAS, on January 11, 2012, the City Commission approved the City
Furniture Plat; and
WHEREAS, the portion of McNab Road from Hiatus Road west to the portion of
this road that fronts Sunset Point Park has been removed from the Broward County
Trafficways plan on April 28, 2011; and
WHEREAS, on October 24, 2012, the City Commission adopted Resolution R-
2012-121 vacating a portion of the McNab Road & Hiatus Road right-of-way adjacent to
the City Furniture Plat in furtherance of the removal of this right-of-way from the
Broward County Trafficways map; and
Temp. Reso. # 12900
Page 2
January 25, 2017
WHEREAS,
upon vacation of the
right-of-way the property reverts to
the
ownership of the
adjacent property owner,
Advance Business Associates, and
will
become a part of the City Furniture Plat to facilitate the installation of a landscape buffer
along the northern portion of this Plat; and
WHEREAS, in order to record the transfer of title to Advance Business
Associates, following the vacation of the right-of-way, the City executed a Warranty
Deed conveying the real property underlying the area of the right-of-way to Advance
Business Associates, which in turn recorded the deed with Broward County; and
WHEREAS, thereafter, the Broward County Property Appraiser's Office notified
Advance Business Associates that the legal description incorporated within the deed
included a two -foot strip of right-of-way which Broward County has not yet conveyed to
the City; and
WHEREAS, in order to correct this situation, Advance Business Associates
requested the City issue a corrected Quit Claim Deed upon the condition that once
Broward County conveys the additional two -foot strip to the City, Advance Business
Associates will accept title to such two -foot strip of property; 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 issue the
corrected Quit Claim Deed to effect the conveyance of the real property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
1
Temp. Reso. # 12900
Page 3
January 25, 2017
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 and all exhibits referenced herein and attached hereto are incorporated and
made a specific part of this Resolution.
SECTION 2: The City Commission hereby approves the corrected Quit
Claim Deed, as more particularly set forth in Exhibit 1," to effect the conveyance of the
referenced real property to Advance Business Associates upon the condition that
Advance Business Associates shall accept the remaining two -feet of right-of-way once it
is conveyed to the City by Broward County. The appropriate City Officials are hereby
authorized to execute the necessary documents and do all things necessary to
effectuate the terms of this Resolution.
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 or 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.
C
Temp. Reso. # 12900
Page 4
January 25, 2017
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this S day of2017.
HAMY DRESSLER, MAYOR
ATTEST:
VIA
CITY CLERK V
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
1
SAMUEL S. GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
IIA2j
DIST 1:
COMM. BOLTON
DIST 2:
COMM. GOMEZ
DIST 3:
DIST 4:
COMM. FISHMAN
VICE MAYOR PLACKO`
,
J
TR 12900 - Exhibit 1
This document prepared by and when
recorded return to:
Arnold A. Brown, Esquire
Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, Suite 2300
Miami, Florida 3313
Tax Folio No. N/A
(Above Space for Recorder's Use Only)
QUIT CLAIM DEED
THIS INDENTURE, made this �� day of , 201 V, by and between the
City of Tamarac, a municipal corporation of the State of Florida, with a mailing address at 7525
N.W. 88th Avenue, Tamarac, FL 33321-2401 ("Grantor"), and Advance Business Associates,
LLP, a Florida limited liability partnership, with a mailing address at 6701 North Hiatus Road,
Tamarac, Florida 33321 ("Grantee").
Grantor, for and in consideration of the sum of $10.00 and other good and valuable
consideration, receipt of which is acknowledged, grants, bargains, sells, aliens, remises, releases,
conveys and confirms to Grantee the following described real property, and rights and interests in
real property located and situated in the County of Broward, State of Florida, more particularly
described as follows:
See legal description attached hereto and made a part hereof as Exhibit "A".
This conveyance is subject to zoning and other restrictions, requirements and prohibitions
imposed by governmental authority.
TO HAVE AND TO HOLD the same in fee simple forever.
The balance of this page is intentionally blank
MIAMI 4244597.2 71849/04682
TR 12900 - Exhibit 1
IN WITNESS WHEREOF, Grantor has caused this deed to be executed as of the date set
forth above.
Signed, sealed and delivered in presence of:
(Signature of first witness)
(Printed name of first witness)
(Signature of second witness)
(Printed name of second witness)
STATE OF FLORIDA
COUNTY OF BROWARD
CITY OF M ,
Flo ' nici C do
Michael Cernech
Its: City Manager
-� p,MAqdqC'
Attested
Pat Teufel, elty Clerk -�
0
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rerrii�r+''
The foregoing instrument was acknowledged before me `� �' , 2016 by Michael Cernech
and Pat Teufel, as City Manager and City Clerk, respec ' ely, of the City of Tamarac, on behalf
of the City, who are personally known to me or have produced f//10 as
identification.
n�eti
TINA M. WHEATIEY
•,.`�prar ��.
Notary Public - State of Florida
• 5
My Comm. Expires Aug 6.2018
Commission # FF 135878
Bonded Through National Notary Assn.
MIAMI 4244597.2 71849/04682
Signet Ire of No ary /,/ E
Printed Name of Notary
My Commission Expires:
My Commission Number:
TR 12900 - Exhibit 1
LOCATION MAP
OF A PORTION OF McNAB ROAD
"WESTWOOD COMMUNITY SEVEN"
(P. B. 81, PG. 28, B.C.R.)
ii 4i
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(P.B. 153, PG. 21, B.C.R.) ~ o BLOCK BLOCK o
ca 9 368 36BLOCK 370
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P. B, - DENOTES PLAT BOOK w m
r ; PG(S). - DENOTES PAGE(S)
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y ; B.C.R. - DENOTES BROWARD COUNTY RECORDS
P.O.C. - DENOTES POINT OF COMMENCEMENT
P.O.B. - DENOTES POINT OF BEGINNING
SHEET 1 OF 4 SHEETS
SCHWEBKE—SHISKIN & ASSOCIATES, INC. REVISIONS
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PARCEL L1M1TS
PHONE No.(954)435-7010 FAX No., (954)438-3288 06103 16-120570J
ORDER NO. 201134 PREP FD UNDER MY U�VISION:
DATE: AUGUST 25, 2014 �l 1, ;T} A �__ v 41; -
THIS IS NOT A "BOUNDARY SURVEY" RONA D A. FRITZ, ASSISTANT VICE PRESIDENT
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767
K:\074941\CITY FURNITURE PLAT\LEGALS\DV'IG\MCNA8 ROAD 38 FOOT VACATION (PLAI).dwg
TR 12900 - Exhibit 1
CI -I TO ACCOMPANY �' LEGAL DESCRIPTION
OF A PORTION OF McNAB ROAD
38' RIGHT—OF—WAY
�1 (O.R.B. 4903, PG. 435, B.C.R.)
O 15' RIGHT—OF—WAY 38' RIGHT—OF—WAY
ti I (P. B. 1, PG. 102, P. B.C.R.) (0. R. B. 4882, PG. 361, B.C.R—)
w McNAB ROAD
N.89'33' 15 "E. N- 89 °33' 15 "E. _
------ -- -- ,_�-- 603.19 (TOTAL)
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_ _� N. 89'33 ' 15 "E. 375.00' P. 0. B.�� S. 89 °33' 151 "W. �� O
-----------------
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SHEET 2 OF 4 SHEETS
SCHWEBKE—SHISKIN & ASSOCIATES, INC. REVISIONS
LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025 PARCEL LIMITS
PHONE No.(954)435-7010 FAX No_ (954)438-3288 06108 16—J20570.3
A.
ORDER NO. 201134 PREPRfD UNDER MY SUPER.VISION:
AUGUST 25, 2014 L
DATE: , .
Ljf ,Fi t
THIS IS NOT A "BOUNDARY SURVEY" RONALD A. FRITZ, ASSISTANT VICE PRESIDENT
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767
K:\074941\CITY FURNITURE PLAT\ LEGALS\ DWG \ McNAB ROAD 38 FOOT VACANUN (PLAI).dvg
TR 12900 - Exhibit 1
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
OF A PORTION OF McNAB ROAD
15' RIGHT-OF-WAY
(P. B. 1, PG. 102, P. B. C. R.)
N LINE,• At. W.1/4;
Z SECTION 7-49-411McNAB ROAD
-- N.89'33'1 ` ' N 89°33'15"E.- TOTAL) 603. 19' - - - -
�, �s
115'
S.89°33'15"W. (TOTAL) 601.47' + ca m (36
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SHEET 3 OF 4 SHEETS
SCHWEBKE—SHISKIN & ASSOCIATES, INC. REVISIONS
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 324D CORPORATE WAY-MIRAMAR, FL 33025 PARCEL OMITS
PHONE No.(954)435-7010 FAX No., (954)438-3288 06108116-1120570J
ORDER NO. 201134 PREPARED UNDER MY SUpavlSI--N/:
DATE: AUGUST 25, 2014 �( i; l.' G \\L 1,
THIS IS NOT A "BOUNDARY SURVEY' RONALD A. �FRITZ, ASSISTANT VICE PRESIDENT
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767
K:\074941\CITY FURNITURE PLAT\ LEGALS\ DVIG \ McNAB ROAD 38 FOOT VACATION (PLAT).dvg
TR 12900 - Exhibit 1
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
OF A PORTION OF McNAB ROAD
LEGAL DESCRIPTION:
A PORTION OF TRACT 9, AS SHOWN ON THE PLAT OF 'FLORIDA FRUIT LANDS COMPANY'S
SUBDIVISION NO. 2" OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED
IN PLAT BOOK 1 AT PAGE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; BEING A PORTION OF THE RIGHT—OF—WAY AS RECORDED IN OFFICIAL RECORDS
BOOK 4882 AT PAGE 361, OFFICIAL RECORDS BOOK 4903 AT PAGE 435, OFFICIAL
RECORDS BOOK 26759 AT PAGE 973, AND INSTRUMENT NUMBER I13051908, ALL OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; ALSO BEING A PORTION OF THE
RIGHT—OF—WAY OF MCNAB ROAD AS SHOWN ON, BUT NOT DEDICATED BY, THE PLAT OF
'CITY FURNITURE NORTH", AS RECORDED IN PLAT BOOK 181, AT PAGES 58 THROUGH 61,
INCLUSIVE, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA), BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF PARCEL ';4", AS SHOWN ON THE SAID PLAT
OF 'CITY FURNITURE NORTH'; THENCE NORTH 89 DEGREES 33 MINUTES 15 SECONDS
EAST, ALONG THE NORTH LINE OF SAID PARCEL 'A'; FOR 375.00 FEET TO THE POINT OF
BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE NORTH 00 DEGREES 26
MINUTES 45 SECONDS WEST, AT THE RIGHT ANGLES TO THE LAST AND NEXT DESCRIBED
COURSES, FOR 38.00 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 15 SECONDS EAST,
ALONG A LINE THAT IS PARALLEL WITH AND 15.00 FEET SOUTH OF, AS MEASURED AT
RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114 OF SAID SECTION 7, FOR
603.19 FEET; THENCE SOUTH 45 DEGREES 35 MINUTES 46 SECONDS EAST FOR 46.53
FEET; THENCE SOUTH 00 DEGREES 44 MINUTES 46 SECONDS EAST, ALONG THE
NORTHERLY EXTENSION OF THE EAST LINE OF SAID PARCEL 'A", FOR 39.92 FEET; THENCE
NORTH 45 DEGREES 35 MINUTES 46 SECONDS WEST, ALONG THE NORTHEASTERLY LINE
OF SAID PARCEL 'A'; FOR 49.26 FEET, • THENCE SOUTH 89 DEGREES 33 MINUTES 15
SECONDS WEST, ALONG THE NORTH LINE OF SAID PARCEL 'A'; FOR 601.47 FEET TO THE
POINT OF BEGINNING. ALL LYING AND BEING IN THE NORTHWEST 114 OF SECTION 7,
TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY OF TAMARAC, BROWARD COUNTY, FLORIDA,
NO TES:
1) THE BEARINGS AS SHOWN HEREIN ARE BASED ON AN ASSUMED BEARING OF NORTH
89 DEGREES 33 MINUTES 15 SECONDS EAST ALONG THE NORTH LINE OF THE NORTHWEST
114 OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS SHOWN ON THE HEREIN
REFERENCED PLAT OF "CITY FURNITURE NORTH':
2) PREPARED FOR: ADVANCED BUSINESS ASSOCIATES, LLP.
3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE
SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND
MAPPER.
4) THE AREA CONTAINED WITHIN THE LIMITS OF THE HEREIN DESCRIBED PARCEL IS
24,237 SQUARE FEET MORE OR LESS (0,556 ACRES, MORE OR LESS).
SHEET 4 OF 4 SHEETS
SCHWEBKE-SHISKIN & ASSOCIATES, INC. REVISIONS
LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025 PARCEL LIMITS
PHONE No.(954)435-7010 FAX No., (954)438-3288 06108116-1205703
ORDER N0. 201134 PREP EO UNDER MY SUPERVISION:
AUGUST 25, 2014
THIS IS NOT A 'BOUNDARY SURVEY" RONALD A. FRITZ, ASSISTANT VICE PRESIDENT
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No, 2767
I(.\074941\CITY FURNITURE PLAT\LEGALS\DVIG\McNAB ROAD 38 FOOT VACATION (PLAT).dwg