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Home My WebLink AboutCity of Tamarac Resolution R-2014-085July 24, 2014 - Temp. Reso. #12524 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014- S� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SIDEWALK EASEMENT WITH LIME BAY CONDOMINIUM, INC. NO.2, FOR THE LIME BAY SIDEWALK INSTALLATION PROJECT, LOCATED AT THE NW CORNER OF LIME BAY BOULEVARD AND WESTWOOD BOULEVARD EAST AUTHORIZING; 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 Lime Bay Boulevard and Westwood Boulevard East to construct the required sidewalk for the Lime Bay Sidewalk Installation Project; and WHEREAS, Lime Bay Condominium, Inc. No. 2, as owner has offered this Sidewalk Easement, attached as "Exhibit 2", herein; and WHEREAS, Lime Bay Condominium, Inc. No. 2, 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 Lime Bay Boulevard and Westwood Boulevard East, a sketch which is attached hereto as "Attachment B" to "Exhibit 2", herein; and J u ly 24, 2014 - Temp. Reso. #12524 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 Lime Bay Condominium, Inc. No. 2, for the Lime Bay Sidewalk Installation Project located at the NW corner of Lime Bay Boulevard and Westwood Boulevard East 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 Lime Bay Condominium, Inc. No. 2, for the Lime Bay Sidewalk Installation Project located at the NW corner of Lime Bay Boulevard and Westwood Boulevard East 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. July 24, 2014 - Temp. Reso. #12524 Page 3of 3 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:- and adoption. This Resolution shall become effective immediately upon its passage PASSED, ADOPTED AND APPROVED this 17 day of HARRY DRESSLER 0 = • ATTEST: 4_ PAXPIC74AT �- E L C I TY �CL� K �_.� CMC RECORD OF COMMISSION VOTE: MAYOR DRESSLER 41Z:::�! DIST 1: COMM. BUSHN LL� DIST 2: V/M GOMEZ DIST 3: COMM. GLAS E DIST 4: COMM, PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM ,§AMUEL S. GOREN CITY ATTORNEY Tamp. Rsao. Na 12624 CITY OF TAMARAC 5ccdo: N.T.S N PUBIIC wORrB D�ARl1miT M� � � MI 1Vs niQ1NS6=ti DIVISION SHEET 1 OF 1 . w E ff 8s SIDEWALK EASEMENT S TR#12524 ON O's �d / 01 oop "Zo 1�0 .00 70 PL SECTION 22 ST o�0 1 70 PL ESTWOOD 4 70 PL 'iC3 Ld IN G � Q Q W � j /// °�' °�` � 70 ST � °� � � ~ 70 ST 70 70 ST 70 ST o, g ST (INW g MCNAB R11AD M > CIN < SITE LOCATION TAMAC B�V. LIME RAC �/� GARtENSPLIME BAY BAY •ii ENS ///j ET 3SEC, � II -►ST /jjg� SEC, I lie /ESTWOOD z 6 7 ST � w 67 .�j , j///�� .� W T OD 2 g / P 66' 66 C T � /�� Q 01 66 ST /�/ 66 `6 W 41 -L WOOD 1 (SPYGLASSj/� � `J'� Ilk�� • � �. 6�,�,5-� 94 TERR 11 VILLAGE •� .� .�65 S% \-I E��°°�3 W .% v>10 / W Ilk yANID u y d y RZVMONS '�`"�` �'� �"` """"� LIME BAY SIDEWALK PROJECT EXHIBIT 1 CITY Of TAMARAC. BROWARD COUNTY, FLORIDA SEC. 8. 7YVP. 49. RGE. 41 '� °-` "-"-` rw l�r f11. A Odr 01/7R/10 mi.r,.ft � ,un,...r wr are JM E �Y, M n, MUM Exhibit 2 TR#12524 CITY OF TAMARAC SIDEWALK EASEMENT FOR: Lime Bay Sidewalk Installation Project NAME OF PROJECT This SIDEWALK EASEMENT made this day of , 2014, by Lime Bav Condominium, Inc. No. 2., having an address of 9190 Lime Bay Boulevard, Tamarac, FL 33321, (hereinafter "Grantor"), and the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88" 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 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. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and yearp,firsl above writterk n By. Type Name: Alan K)jshner ftrpdrate .SeeFetary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF growar � GRANTO By. Lime Bay ---),No. 2 ondominium Type Name: Charlotte Williams 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 Lj,,,111Qjt4t0 me known to be the erson s described in and who ppp c ) executed the foregoing instrument and acknowledged before me and under oath that t: k-r, executed the same. WITNESS m hand and official seal this "� day of 1 , Y Y 20� _Lq_. ( )Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida a DAVID T. MOORE • ' MY COMMISSION # FF 030902 s EXPIRES. September 16, 2017 nt, Stamp, or type as Commissioned) �D Type of I. .Produced ( )DID take an oath, o;,k--� DID NOT take an oath. 3 111 • •, �.J ATTEST: - +. • ` OIVAFk® s By: IcPatricia Teufel, CIVIC City Clerk STATE OF FLORIDA • SS COUNTY OF t34WAW ACCEPTED BY CITY OF TAMARAC GRANTEE By: Harry Dressler Mayor Date: M &NeTC. Ce ch City Manager Date: — 4 � "">�/ozo � Approved as to form: fl A By: � muel .Goren, City Attorney HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Count aforesaid to take acknowledgments, personally appeared ��L ('-4?iN to me known to be the persons) described in and who executed the fo egoing instrument and � _ under oath that 6 _executed the same. ITNESS my hand and 200j acknowledged before official seal this to day of TUNA M. WHEATLEY Notuy Pubic • State of NO& My Cam. Jx0e= Aug 6, 2018 Cocossim it FF 135878 i 11eo- 100100 Nogry Am. me and 0 NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, QQ Personally known to me, or or Type as Commissioned) ( )Produced identification Type of I.D. Produced ( )DID take an oath, or (>40 DID NOT take an oath E AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Charlotte Williams do hereby affirm that I am the President of Lime Bav Condominium, Inc. No. 2. and that I have executed a Sidewalk Easement with the City of Tamarac for the Lime Bav Sidewalk Installation Proiect 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. FURTHER AFFIANTD SAYETH NOT. (Signature) This \3 _day of STATE OF FLORIDA SS COUNTY OF Oyn),a,.� 2014. HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of re aid and inTe County aforesaid to take acknowledgments, personally appeared �.e � to me kno n to be the person(s) described in and who executed he foregoing instrument andacknowledged before me and under oath that Sexecuted the same. � WITNESS my hand and official seal this �_ day of 20Q( i q- '. NOTARY PUBLI)t, State of Florida at La Py'%, DAVID T. MOt}RE MY COMMISSION # FF 030902 01 =♦�. EXPIRES: S®ptsmber 16, 2017 tam (Nam p or type as Commissioned) ( ) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 5 SKE TCH A ND DESCRIPTION LEGAL DESCRIPTION: Exhibit "A" TR#12524 A POR TION OF LA NO L I Y/NG WI THIN PARCEL F-1, L IME BA Y SEC TION TWO, A CCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 82, PG. 30, OF THE PURL IC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY POINT OF SAID PARCEL F-1, SAID POINT BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST AND TO SAID POINT A RADIAL LINE BEARS SOUTH )) '25 '34 " WEST- THENCE NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE HA VING A RADIUS OF 2.30. 00 FEET, A CENTRAL ANGLE OF 2.3'58 $56 " AND AN ARC LENGTH OF 96.27 FEET THE LAST CALL BEING ALONG THE SOUTH LINE OF THE AFORESAID PARCEL F- I., THENCE SOUTH 70'59 '55 ' EAST, A DISTANCE OF 109.92 TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND TO SAID POINT A RADIAL LINE BEARS SOUTH 26*49'0J" EAST, SAID POINT BEING ON THE SOUTH LINE OF THE AFORESAID PARCEL F-1; THENCE WESTERL Y AL ONG THE ARC OF SAID CIRCULAR CURVE HA V/NG A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF J8' 14 ',36 " AND AN ARC LENGTH OF 16.69 FEET TO THE POINT OF BEGINNING, THE LAST CALL BEING ALONG THE SOUTH LINE OF SAID PARCEL F- I. SAID LANDS SITUA TE L PING AND BEING IN THE CONTAINING 740 SQUARE FEET MORE OR LESS. NOTES: CITY OF TAMARAC. BROWARD COUNTY, FLORIDA. 1 } Bearings shown hereon are based on the radial bearing from the Point of Beginning to the South line of Parcel F-1 with an assumed bearing of S 11025'34$1 W. 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 & Gerchar, Inc., make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, 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 I DATE THEODORE J. DAVID FOR THE FIRM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. 5821 DAVID & GERCHAR, INC. LB#6935 SCALE: FB/PG: SHEET I DF 2 BY CKD FB/PG SIDEWALK EASEMENT DRAWN BY: CKD. BY: LIME BA YSECTION TWO (P.B. 82, PG. 30, B.C.R) JOB NO: N/A 13-063 SE-E CAD. FILE: N/A F: \tomoroc\Lime Boy DATE: RRM I6/16/14 PROJ. FILE: TD JL lime boy AVID & U-_ERCHAR, SURVEYORS AND MAPPERS 12750 N.W. 40th Street, Bay 1 Coral Springs, Florida 33065 (954) 340-4025 • email: ted@davidandgerchar.com SKETCHAND DESCRIPTION Exhibit "B" TR#12524 SOUTH LINE OF PARCEL F-1 PARCEL F - 1 LIME BAY SECTION TWO (P.B. 82, PG. 30, B.C.R.) 3 25.00' x t. � j �o W _ 0 ir o--j 0< Q _ � 4 L S gyp' s9 cn J Q ' z SS ,, E Lucv ,) � � L0 � o 109 9 , R� 2 23 e � 964 8 S ,, 6 R-_ 25.00 D - 3814 36 L=16.69' O POINT F BEGINNING MOST SOUTHERLY POINT OF PARCEL F-1 PLAT LIMITS LEGEND: PG. PAGE P.B. PLAT BOOK O.R.B. OFFICIAL RECORD BOOK B.C.R. BROWARD COUNTY RECORDS U.E. UTILITY EASEMENT THIS IS NOT A SKETCH OF SURVEY SHEET 2 OF 2 REVISIONS DATE BY CKD FB/PG SCALE: "= JOB NO: AVID & SIDEWALK 1 30' 13-063 SE-E FB/PG: N/A CAD. FILE: F:\tomoroc\Lime Boy EASEMENT ERCHAR, INC. DRAWN BY: DATE: SURVEYORS AND MAPPERS LIME BA YSECTION TWO RRM 6/16/14 12750 N.W. 40th Street, Bay 1 P.B. 82 PG. 30 B. C:R. CKD. BY: PROJ. FILE: Coral Springs, Florida 33065 / TD lime boy (954) 340-4025 • email: ted@davidandgerchar.com