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Home My WebLink AboutCity of Tamarac Resolution R-2015-122November 23, 2015 - Temp. Reso. #12721 Page 1 of 3 C CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015- la o2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SIDEWALK EASEMENT WITH NEIGHBORHOOD ASSOCIATION, INC., FOR THE VILLAGE OF YARDLEY, LOCATED AT THE NW CORNER OF 77T" STREET AND NW 96T" AVENUE; DIRECTING THE CITY CLERK TO RECORD SAID DOCUMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 20-84 of the City Code, requires the owner of a property to dedicate an easement to the public when there is not sufficient room within the right-of-way for the construction of a sidewalk adjacent to all property abutting a public street; (attached hereto in map form as "Exhibit 1 "); and WHEREAS, there is not sufficient room within the right-of-way at the NW corner of 77th Street and NW 96th Avenue to construct sidewalk improvements along the Northside of NW 77th Street, between NW 96th Avenue and the entrance to the Tamarac Sports Complex. WHEREAS, Neighborhood Association, Inc., as owner has offered this Sidewalk Easement, attached as "Exhibit 2", herein; and WHEREAS, Neighborhood Association, Inc., is providing a non-exclusive Sidewalk Easement over and upon the servient estate for the installation of a sidewalk located at the NW corner of 77th Street and NW 96th Avenue, a sketch which is attached hereto as "Attachment B" to "Exhibit 2", herein; and November 23, 2015 -Temp. Reso. #12721 Page 2of 3 WHEREAS, it is the recommendation of the Director of Public Services that this Sidewalk Easement be accepted, approved, executed and recorded; 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 authorize the appropriate City Officials to accept, approve, execute and record this Sidewalk Easement with Neighborhood Association Inc., for the Village of Yardley located at the NW corner of 77th Street and NW 96th Avenue as required for the construction of sidewalks. 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 and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. Section 2: The appropriate City Officials are hereby authorized to accept, and execute this Sidewalk Easement with Neighborhood Association, Inc., for the Village of Yardley located at the NW corner of 77th Street and NW 96th Avenue to allow legal access by the public (a copy of which is attached hereto as "Exhibit 2") Section 3: The City Clerk is hereby authorized and directed to record said document in the Public Records of Broward County. 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 November 23, 2015 -Temp. Reso. #12721 Page 3of 3 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 q�day of 2015. l , HARRY DRESSLER ATTEST - CITY 21 l� RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: VICE MAYOR GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM AMUEL S. GOREN ITY ATTORNEY Job No. TR#12721 CITY OF TAMARAC Scale: N. T. S N PUBLIC WORM DEPARTMENT mr Na ENGINEERING DIVISION SHEET 1 OF 1 w E s SIDEWALK EASEMENT TR#12721 3EXETER EAST WESTWOOD 5A CATAk 80 CT LAKE R13 TR23 TR25 80 ST 7A, 78 pL rap z 13 LAND SEC. ROCKFORD%TR58 TR28 > -R29 < $IT LOCH A . . . . . 6 /4� H X- VILL, iGE OF WELDON AT WOOD SEDGEFIELD YAR3LEY �T ......lN,i ... SOd . R . T COM,PLE I X I ""VN� KING' S POIN LAND SLL- 5TR16 R27 AR mmmu 7 C EVANGELICAL ST -11 76 TR61 COVENANT CHURCH Li TR33 WES1 N LAKE VILLAS MILE . . . KINGS PT. PROF. PLAZA a. W ODVIEV Q _j KINGS POINT 75 WESTWOOD PINES NG LAKE "b' SALES CENTER CLUB HOUSE 6II TR37 -6 1:3 A yl z-%% i/j4 PL 199 lb > 0 DMONT GRE S SHM13NT CIR 7' WESTWO 3 g BELFORT ol 95 W. MUNICIPAL ASHMONT 3 CT BELF IRS TN >3 S FIR STA TR40 NOB HILL/ HIDDEN HOLLOW TR42 SECTION 21 WESTWOO) 4r 72 CT 72 CT4A 7 TIRE KINGDOM ! c jj PLAZA WESTWOOD PLAT > - TR41 W 1 wnnn 72 STol Aa cul 7. 72 ST TAMARAC ST ol >o f -41' SQUARE 71 ST _7A. �- 0! w SEC SECTION 22 ST TION 21 70 PL WESTWOOD 4 71 414 WEST PL ol WE.ITWCOD > > 3 4 In In c.0 Li u a, ol 70_S T Sk 0' 1 --ro--ST S T 70 MCN B ROAD 70 ST 70 ST az 'CEi, ST MCNAB BUSINESS PARK TAMARAC MARKET >mw 0% c 01 'c TAM AC V, GAR NS TAMARAC LIME BAY MCNAB�ROAD W LIME j BAY PLACE E T :i S GARDENXj WEST SEC, II SEC. I ...... zz ....... 1299 67 CT ....... RUST I nvrSHAW I I ARCH I.T.W. MIMA ALUMINUM 11 WESTWOOD 2 > 67 ST oc Li 67sl 9 67 ST w T OD 2 ..... ..... . . . . . REVOLUM Va.. to/26/15 2-L' Na DM. VILLAGE OF YARDLEY EXHIBIT I CITY OF TAMARAC, BROWARD COUNTY, FLORIDA App—d BF Bak JOHN L owaff, P.L SEC. 5, TWP. 49, RGE. 41 n un WWI[ r 1 Exhibit 2 TR#12721 CITY OF TAMARAC SIDEWALK EASEMENT FOR: VILLAGE OF YARDLEY NAME OF PROJECT This SIDEWALK EASEMENT made this day of&Ccn_,12015, by Neighborhood Association, Inc., having an address of Yardley Drive, Tamarac, FL 33321, (hereinafter "Grantor"), and 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"). (Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient Estate"); and WHEREAS, Grantor desires to grant unto Grantee a non exclusive sidewalk easement to use a portion of the servient estate, a sketch of which is attached hereto as Exhibit "B" and incorporated by reference herein, (hereinafter "the easement area"). NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations paid by each of the parties hereto to the other party, receipt of which is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as follows: 1 Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive sidewalk easement over and upon the servient estate for the installation of a sidewalk. 2. Grantor reserves all rights not herein granted pursuant to this sidewalk easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further sidewalk easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the sidewalk easement herein granted or the exercise of the rights of use thereunder. 3. The provisions of this sidewalk easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. 4. This sidewalk easement shall not be released or altered without consent of the Grantee. 2 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: GRANTOR Neighborhood Association, Inc By: B \ Y Type Name-5-a �_1LC I.- (xi `fi(� Type Name?-4*+S U iqo2z� -- Corporate Secretary President (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF I W*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 acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that �: executed the same. WITNESS my hand and official seal this /9 day of 20&/r5-. . .' NANCY KOWALSKI MY COMMISSION 0 EE872557 EXPIRES April 14, 2017 (�07 9it1.0153 pmw A&G0,98 .oan (Personally known to me, or ( ) Produced Identification NOTARY PU IC, S-'fate of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, oriA DID NOT take an oath. 3 ATTEST - By: Patricia Teufel, Civic City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: 14 — Harry -Dr Mayor Date: /d� - 0 9 1 S Michael C. Cernech City Manager Date: la ` /,v ' 1.5' Approve s to form: B: 0 1 -f 4!L02 jzz2 0 amuel 8. Goren, 11"Citv Attorney COUNTY OF I HEREBY C RTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in,$he County foresaid to take acknowledgments, personally appeared M,6 ate/ C,t°RAle-to me know to be the person(s) described in and who executed the fo egoing instrument and e_ acknowledged before me and under oath that � executed the same. SS WITNESS my hand and official seal this W day of , 200 •""'• TINA M. W11EATUY � ' s Votary Public • State M Florida • My Comm. Expires Aug 8 , 2018 Congnission I FF 135878 Nftdft"Awt k Personally known to me, or ( ) Produced identification Z" NOTARY PUBLIC, State of Florida at Large 7 —Iiva, R. &te�l (Name of Notary Public: Print, 8tamp, or Type as Co missioned) !3 Type of I.D. Produced ( ) DID take an oath, or (4 DID NOT take an oath 4 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE 1,19MAs Mazz,l a( A do hereby affirm that I am the ?2QS 14i of Q and that I have executed a Sidewalk Eas ment with the City of Tamarac for the Bikeway project and that I am the owner of the property covered by said Sidewalk Easement. There are no mortgages held on the property, which is the subject of said Sidewalk Easement. STATE OF FLORIDA SS COUNTY OFF FU THER AF I T SAY H OT. (Sig nfity4T This Y5 day of , 20t) 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 to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of 20 , .�. ;;;: NANCY KOWALSKI " ' 'c MY COMMISSION 8. EE872557 EXPIRES April 14, 2017 83 60 Personally known to me, or ( ) Produced Identification M NOTARY PU IC, ate of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, of-0 DID NOT take an oath. 5 Exibit "A" TR#1 2721 SKETCHAND DESCRIPTION LEGAL DESCRIPTION. - THE SOUTH 12.00 OF PARCEL "Y', KINGS POINT REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 156, PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. CONTAINING 8,781 SQUARE FEET MORE OR LESS. nlnTr7c- 1) Bearings shown hereon are based on the Plat of KINGS POINT REPLAT (P.B. 156, PG. 3, B.C.R.) 2) This Sketch and Description is not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 3) The undersigned and David & Gerchor, Inc., make no representations or guarantees as to the information reflected hereon pertaining to easements, rights—of—woy, setback lines, agreements and other matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. Lands shown hereon were not abstracted for rights —of —way and/or easements of record. 4) This Sketch and Description consists of two (2) sheets and is not complete without all sheets. THIS IS NOT A SKETCH OF SURVEY REVISIONS DATE I BY I CKD .rrnwr+� THEODORE J. DAVID FOR THE FIRM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. 5821 DAVID & GERCHAR, INC. LB#6935 SHEET 1 OF 2 12' SIDEWALK EASEMENT SCALE: JOB NO: N/A FB/PG: CAD. FILE: F: \tomoroc\77th N/A Street path legol.dwg DRAWN BY: DATE: CKD. BY RRM 10/14/15 PROD. FILE: TD bike path AVID & ERCHAR, SURVEYORS AND MAPPERS 12750 N.W. 40th Street, Bay 1 Coral Springs, Florida 33065 (954) 340-4025•email: ted@davidandgerchar.com Exhibit "B" TR#12721 SKETCHAND DESCRIPTION W Z) Z PLAT LIMITS W L p SOUTH LINE OF > 1 RE PARCEL Y' PLAT LIMITS 3� KINGS P " PG' 20' U.E. ; N Zi .� L=476.14'__ 30 00,E p=15°'15 --- - ------ - - -- m 27� 256 „ E 39 , 6' 2 ""--11 2.69' 74°2501765 n ----- 6, p ,00 M20'40.00' S 00°46'20' W 00 Q 0 o o2Q'3g„ v/12/� ? �;ARNI PLAT LIMITS SOUTHEASTB POINT OF EGINNCORNIER o v "Y" N (51 OF PARCEL - NORTH RIGHT—OF—WAY LINE OF N.W. 77TH STREET LEGEND: PG. PAGE P.B. PLAT BOOK O.R.B. OFFICIAL RECORD BOOK B.C.R. BROWARD COUNTY RECORDS U.E. UTILITY EASEMENT C.M.E. CANAL MAINTENANCE EASEMENT D.E. DRAINAGE EASEMENT THIS IS NOT A SKETCH OF SURVEY SHEET 2 OF 2 REVISIONS DATE BY CKD FB/PG SCALE: JOB NO: AVID & ,..= 120' 12' SIDEWALK FB/PG: CAD. FILE: F: \t°marac\77th N/A Street path legal.dwg ERCHAR, INC. DRAWN eY: DATE: EASEMENT SURVEYORS AND MAPPERS RRM 10/14/15 12750 N.W. 40th Street, Bay 1 CKD. BY: tROJ. FILE: Coral Springs, Florida 33065 TD bike path (954) 340-4025•email: ted@davidandgerchar.com