HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-086Judy 24, 2014 - Temp. Reso. #12525
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014- 9W
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.4, FOR THE LIME BAY SIDEWALK INSTALLATION
PROJECT, LOCATED AT THE NE CORNER OF LIME BAY
BOULEVARD AND WESTWOOD BOULEVARD WEST
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 NE corner of
Lime Bay Boulevard and Westwood Boulevard West to construct the required sidewalk for
the Lime Bay Sidewalk Installation Project; and
WHEREAS, Lime Bay Condominium, Inc. No. 4, as owner has offered this Sidewalk
Easement, attached as "Exhibit 2", herein; and
WHEREAS, Lime Bay Condominium, Inc. No. 4, is providing a non-exclusive
Sidewalk Easement over and upon the servient estate for the installation of a sidewalk
located at the NE corner of Lime Bay Boulevard and Westwood Boulevard West, a sketch
which is attached hereto as "Attachment B" to "Exhibit 2", herein; and
July 24, 2014 -Temp. Reso. #12525
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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. 4, for the Lime Bay Sidewalk Installation Project
located at the NE corner of Lime Bay Boulevard and Westwood Boulevard West 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. 4, for the Lime Bay
Sidewalk Installation Project located at the NE corner of Lime Bay Boulevard and
Westwood Boulevard West 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. #12525
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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 J" / day of
ATTEST:
t
TRIGIA. FUFEL,
FY
�`CLERK
F
CMC
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
,9AlMllEL S. GOREN
CITY ATTORNEY
HARRY DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHN LL�
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASS R�
DIST 4: COMM. PLACKO-
J
2014.
Tamp. Raso. No. 12626
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CITY OF TAMARAC Scala: N.T.S
PUBIIC 110RY8 DEPARTMENT M► Ns
sNanNEERINa nrvMox SHEET 1 OF 1 W 4• E,
as
SIDEWALK EASEMENT IS
TR#12525
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LIME BAY SIDEWALK PROJECT
EXHIBIT 1
OF TAMARAC, BROWARD COUNTY. FLORIDA
SEC. 8, TWP. 49. ROE. 41
No, Deft �-�—�- �
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Exhibit 2
TR#12525
CITY of TAMARAC SIDEWALK EASEMENT
FOR: Lime Bay Sidewalk Installation Project
NAME OF PROJECT
This SIDEWALK EASEMENT made this day o 120141 by Lime—
Bav Condominium Inc. No. 4., having an address of 9190 Lime Bay Boulevard,
Tamarac FL 33321, (hereinafter "Grantor"), and the City of Tamarac, a municipal
corporation of the Stat
e of Florida havingan 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).
WITH ESSETH :
WHEREAS, Grantor is the owner of that certain real property located in Broward
Count more articular) described in Exhibit "A" attached hereto, (hereinafter referred
Y, particularly
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,
art receipt of which is hereby acknowledged by both parties, the parties hereto do
p
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.
2
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
Lime Bay Condominium
ATTEST: . GRANTC& ,\ Inc No 4 .
By:
Type Name: Kirbv Swanson
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF �
By:
Type Name: Marvin Berger
President
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 1 to me known to be the person(s) described in and who
executed the foregoind instrument and , acknowledged before me and under oath
that � _ executed the same. {,
WITNESS my hand and official seal this '� day of
20 .
( )Personally known to me, or
( Produced Identification
NOTARY PUBLIC, State of Florida
at La rg e
(Na
or fi
t2�
Type of I.D. Produced
( )DID take an oath, or ( - --)DID NOT take an oath.
, Stamp,
3
ATTEST:
By
1�fPatricia Teufel, CIVIC
City Clerk
STATE OF FLORIDA
SS
COUNTY OF 4POA4RT
I HEREBY CERTIFY that on
aforesalid and in the County
who executed the foregoing
under oath that A v
WITNESS
200�
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
ft
Harry Dressler
Mayor
City Manager
Date:
Approved a� to form:
n .
y.
amue Oren,
City Attorney
this day,
before
me, an officer duly
authorized
in the State
foresaid
to take
acknowledgments,
personally
appeared
to me known to
be the person(s)
described in
and
instrument and A e-
acknowledged
before me
and
executed the same.
my hand and official seal this W day of
TINA M. v HEATLEY
Wxry Public • State of Florida
My Coffin. Expires Avg G. 2018
Cooftsim N FF 135878
go -in i Ike* M*md Ndary Assn.
NOTARY PUBLIC, State of Florida
at Large
/Z/
(Name of Notary Public: Print, Stamp;
�j Personally known to me, or or Type as Commissioned)
( )Produced identification
Type of I.D. Produced
( )DID take an oath, or (DID NOT take an oath
0
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I, Marvin Berger do hereby affirm that I am the President of Lime Bav
Condominium Inc. No. 4. 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 AFFIANT SAYETH NOT.
Minature)
This 43 day of ��A, 2014.
STATE OF FLORIDA
SS
COUNTY OF Q
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid a d-�Az-
in the County aforesaid to take acknowledgments, personally
appearedA4",`to me known to be the person(s) described in and
who executed the foregoing instrument and J-UL acknowledged before me and under
oath that t A , executed the same. A( I t
official seal thisy of
day -
WITNESS my hand and o
20V
( )Personally known to me, or
( ,Y-m-) Produced Identification
NOTAR
at Lam
UBLIC, State of Florida
DAVID T. MOORE
MY COMMISSION # FF a3NW!
,= EXPIRES: September tG. 2D1
Stamp,
Type of I.D. Produced
( )DID take an oath, or ( �'-) DID NOT take an oath.
5
SKETCHAND DESCRIPTION
LEGAL DESCRIPTION: Exhibit "A" TR#12525
A PORTION OF LAND LYING WITHIN PARCEL F- 4, LIME BAY SECTION TWO, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 82, PG. 30, OF THE PUBLIC RECORDS OF
BROWARO COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY POINT OF SAID PARCEL F- 4, SAID POINT BEING ON THE
ARC OF A CIRCULAR CURVE CONCA VE TO THE EAST AND TO SAID POINT A RADIAL LINE BEARS
NORTH 58'45 021 " WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE HAVING
A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 28`54'43" AND AN ARC LENGTH OF 12.62 FEET
TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST AND TO SAID
POINT A RADIAL LINE FEARS NORTH 35'01 '17" EAST, SAID POINT BEING THE POINT OF
BEGINNING, THE LAST CALL BEING ALONG THE SOUTH LINE OF THE AFORESAID PARCEL F-4;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE HAVING A RADIUS OF 357.23
FEET, A CENTRAL ANGLE OF 11 '4 7'06 '1 AND AN ARC LENGTH OF 73. 48 FEET; THENCE SOUTH
45' 10 ' 14 " EAST, A DISTANCE OF 25.56 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE
CONCAVE TO THE NORTHEAST AND TO SAID POINT A RADIAL LINE BEARS SOUTH 2701 JO " WEST
SAID POINT BEING ON THE SOUTH LINE OF THE AFORESAID PARCEL F- 4; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE HAVING A RADIUS OF 144.68 FEET,
A CENTRAL ANGLE OF 09751 '46" AND AN ARC LENGTH OF 24.91 FEET; THENCE NORTH 53-06#44"
WEST, A DISTANCE OF 53. 11 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE
CONCAVE TO THE EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE HAVING
A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 55'26'39 " AND AN ARC LENGTH OF 24.19 FEET
TO THE POINT OF BEGINNING, THE LAST THREE (J) CALLS BEING ALONG THE SOUTH LINE OF
SAD PARCEL F- 4.
SAID LANDS SITUATE LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA.
CONTAINING 710 SQUARE FEET MORE OR LESS.
NOTES:
1
Bearings shown
hereon are based on the South line of Parcel F - 4 with: an ,assumed bearing of
N 53.06'44"' W.
2)
This Sketch and
Description is not valid without the signature and originol 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 —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 obstrocted for
rights—of—woy 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
SHEET 1 OF 2
REVISIONS
DATE
BY
CKD FB/PG
SIDEWALK
EASEMENT
THEODORE J. DAVID FOR THE FIRM
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 5821
DAVID & GEREHAR, INC. L6#6935
LIME BA YSECTION TWO
(P.B. 82, PG. 30, B. CR)
SCALE: JOB NO:
N/A 13-063 SE-W
FB/PG: CAD. FILE:
N/A F; \tomoroc\Lime Boy
DRAWN BY: DATE:
RRM 6/16/14
CKD. BY: PROJ. FILE:
1ifl lime. boy
AVID &
J. ERCHAR,
SURVEYORS AND MAPPERS
12750 N.W. 40th Street, Bay 1
Coral Springs, Florida 33065
(954) 340-4025•email: ted@,davidandgerchar.com
r
SK-ETCHAND DESCRIPTION
Exhibit "B"
TR#12525
d.,
o
�.
o �.
zN
�o
�. WEST
LINE OF PARCEL F-4
POINT OF COMMENCEMENT
MOST WESTERLY POINT OF
PARCEL F--4
R=25.00'
PARCEL F - 4
D=28'54'439' s8.
��oi ¢s��y
LIME BAY SECTION TWO
-
L=12.62'
(P.B. 82, PG. 30, B.C.R.)
PLAT LIMITS POINT OF BEGINNING
R=25.00 0
D=-55.26'39"
�3 ��•`'�' �'
L= 24.19'
ti
Isis
I it.
51
09 •6 SOUTH LINE OF PARCEL F-4
�
' 97
yt
25.00'
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
SIDEWALK
SCALE:
1 "= 30'
JOB NO:
13-063 SE-W
AVID &
FB/PG:
N/A
CAD. FILE:
F: tomoroc Lime Bo
� � y
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. 8.2, PC7, ,.�� �. C.R.
CKD. BY:
PROJ. FILE:
Coral Springs, Florida 33065
TD
lime bay
954 340-4025 • email: ted a1davi dand erchar.com
{ ) �, �
,
I31