The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-2014-099Temp Reso # 12544 September 10, 2014 Page 1 CITY OF TAMARAC, FLORIDA 069 RESOLUTION NO. R-2014-/ / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A VACATION OF EASEMENT PETITION IN AN EFFORT TO VACATE A UTILITY EASEMENT FOR THE SUBJECT PROPERTY LOCATED IN A PARCEL OF LAND LOCATED BETWEEN FLORIDA'S TURNPIKE AND ROCK ISLAND ROAD, NORTH OF COMMERCIAL BOULEVARD AS FURTHER DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO; (CASE NO. 2-P-14); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the section of the subject Vacation of Easement (attached hereto as Exhibit "A", incorporated herein and made a specific part thereof) was previously platted in conjunction with the previously approved residential development; and WHEREAS, Dwayne Dickerson, Esq., of Dunay, Miskel, Backman and Blattner, LLP., the designated agent for the property owner, SPL Holdings, LLP has requested that the 12' foot utility easement is vacated (for which the legal description is defined as a parcel of Land being a portion of that certain 12 foot wide utility easement, lying within Lot 9, Block 3 and Tracts F and B-8(buffer), as shown on Sabal Palm by Prestige, according to the Plat thereof recorded in Plat Book 178, Pages 71 thru 87, of the Public Records of Broward County, Florida); and WHEREAS, this easement is no longer necessary for the construction of the proposed residential project as the easement was established to serve a prior development; and WHEREAS, the City Engineer has been contacted and has stated no objection to the Vacation of Easement of the 12' foot utility easement; and Temp Reso # 12544 September 10, 2014 Page 2 WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the Planning Board conducted a duly noticed public hearing and recommended approval on September 3, 2014, and 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 for a 12' foot utility easement located in a parcel of land located between Florida's Turnpike and Rock Island Road, north of Commercial Boulevard, within the Sabal Palm by Prestige Plat, specifically a parcel of Land being a portion of that certain 12 foot wide utility easement, lying within Lot 9, Block 3 and Tracts F and B-8(buffer), as shown on Sabal Palm by Prestige, according to the Plat thereof recorded in Plat Book 178, Pages 71 thru 87, of the Public Records of Broward County, Florida, in order to accommodate the continued residential 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 Vacation of Easement for a 12' foot utility easement within the Sabal Palm by Prestige Plat, located in a parcel of land located between Florida's Turnpike and Rock Island Road, north of Commercial Boulevard IS HEREBY vacated. Temp Reso # 12544 September 10, 2014 Page 3 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. SECTION 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this o -� day of 2014. e A, �J"f _� HARRY DRESSLER, MAYOR ATTEST: JAI PATRICIA TEUFEL, MC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: VICE MAYOR GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GOREN CITY ATTORNEY Exhibit "A" Sketch and Legal Description of Portion of 12' Utility Easement along North Property Line of Tract "F" of Sabal Palm by Prestige Plat (Plat Book 178, Page 71) STOMER & ASSOCIATES, IMC. SURVEYORS - MAPPERS 4341 S.W. 62nd Avenue Florida Licensed Survey Davie, Florida 33314 (�P� and Mapping Business No. 6633 EXHIBIT "A" LEGAL DESCRIPTION OF UTILITY EASEMENT VACATION SABAL PALM BY PRESTIGE P.O. 178, Pa. 71.87, O.C.R. CITY OF TAMARAC, BROWARD COUNTY, FLORIDA LEGAL DESCRIPTION: Tel. (954) 585-0997 Fox (954) 585-3927 A PARCEL OF LAND BEING A PORTION OF THAT CERTAIN 12 FOOT WIDE UTILITY EASEMENT, LYING WITHIN LOT 9, BLOCK 3 AND TRACTS F AND B-8 (BUFFER), AS SHOWN ON SABAL PALM BY PRESTIGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 178, PAGES 71 THRU 87, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT B-8 (BUFFER); THENCE N.00*2644"W., ALONG THE WEST LINE OF SAID TRACT B-8 (BUFFER), A DISTANCE OF 157.62 FEET, TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF A LINE LYING 6.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACT F, SAID LINE ALSO BEING THE SOUTH LINE OF SAID LOT 9, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE N.00-2644'W., ALONG SAID WEST LINE, A DISTANCE OF 12.00 FEET, TO A POINT ON THE WESTERLY EXTENSION OF A A LINE LYING 6.00 FEET NORTH OF AND PARALLEL WITH THE SAID SOUTH LINE OF LOT 9: THENCE N.89*33'16"E., ALONG SAID PARALLEL LINE, A DISTANCE OF 115.14 FEET, TO A POINT ON THE WEST LINE OF A 12 FOOT WIDE UTILITY EASEMENT AS SHOWN ON SAID PLAT, SAID POINT ALSO BEING A POINT ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVINGA BEARING OF S.77'1910'W.; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 08-14!59" AND A RADIUS OF 87.00 FEET, FOR AN ARC DISTANCE OF 12.53 FEET, TO A POINT ON A LINE 6.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACT F; THENCE S.89*33'16'W., ALONG SAID PARALLEL LINE, A DISTANCE OF 118.70 FEET, TO THE POINT OF BEGINNING. SAID LAND SITUATE WITHIN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING 0.032 ACRES (1,401 SQUARE FEET), MORE OR LESS. NOTES 1. THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RIGHTS -OF -WAY, EASEMENTS OR OTHER MATTERS OF RECORD. 2. THIS SKETCH AND DESCRIPTION IS "NOT VALID'WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3. THE BEARINGS SHOWN HEREON ARE BASED ON N.00*2644"W., ALONG THE WEST LINE OF TRACT B-8 (BUFFER), SABAL PALM BY PRESTIGE, AS RECORDED IN PLAT BOOK 178, PAGES 71 THRU 87, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 4. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY). 5. THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS FIRM WITHOUT THE BENEFIT OF A TITLE SEARCH. THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER & ASSOCIATES, INC. 6. SEE SHEET 2 OF 2 FOR A GRAPHIC DEPICTION (SKETCH) OF THE PROPERTY DESCRIBED HEREON. THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AN D MAPPERS IN CHAPTER 5.1-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472,07, FLORIDA STATUTES. SEAL r- REVISIONS C14 DATE By NOT VALID UNLESS co RICHARD G. CRAWFORD Jr. SEALED HERE WITH P7- AN EMBOSSED ci N PROFESSIONAL SURVEYOR AND MAPPER NO. 5371 — STATE OF FLORIDA SURVEYOR'S SEAL z TJ MATERIAL SHOWN HEREON IS TRE PROPERTY OF STONER & m: ASSOCIATES, INC. AND SHALL NOT BE REPRODUCED IN WHOLE OR IN DATE OF SKETC71—DRAWN BY KED BY I FIELD BOOK PART T PERMISSION OF STONER & ASSOCIATES, INC. 0611 'OPY=�� 2014 6/141 DRL t7 JDS N/A SHEET 1 OF 2 STONER & ASSOCIATES, INC. 4341 S.W. 62nd AVE. SURVEYORS - MAPPERS Tel. (954) 585-0997 Florida Licensed Survey Davie. Florida 33314 and Mapping Business No. 6633 Fox (954) 585-3927 EXHIBIT "A" SKETCH OF DESCRIPTION UTILITY EASEMENT VACATION SABAL PALM BY PRESTIGE P.O. 178, PG. 71-87, B.C.R. CITY OF TAMARAC, BROWARD COUNTY, FLORIDA w w z LU z w— 0 com LOT 9, BLOCK 3 z co w -C zo 00 CN 0 C:) S. LINE LOT 9 CD olorN N.89033'16"E. 115.14 -- — — — — — — — 4b A 0.032 +/- ACRES 7A 10 —6,4-0-1 SQUARE FEET) 12'UTE.,(P) �A T 7�- '16"W. 118.70' N. LINE TRACT F o? co P.O.B. 20'x 20' AT&T EASEMENT CA=08*14'59'� (O.R.B. 45395, PG. 1419) R=87.00' A=12.53' z 20' -j TRACT F LL LL Co Lo LEGEND: SCALE: 1 20' 0 B.C.R. BROWARD COUNTY RECORDS P.B.' PLAT BOOK z PG.' ... PAGE P.O.C. P.O.C., * , , POINT OF COMMENCEMENT 0 5 io 20 40 P.O.B. .... POINT OF BEGINNING GRAPHICSCALE S.W. CORNER U.E. ''**** LITILITY EASEMENT RACT B-8 (BUFFER) D.E ....... DRAINAGE EASEMENT NOTE: q. . . . . CENTERLINE SEE SHEET I OF 2 FOR THE LEGAL L-T DEQnD1DT1r-%K1 r%C TUC 00nD=0� WEST COMMERCIAL BLVD. F.*\Pfm\MISC\12-7827-WhL P" N0MM\dn\12-7&7-Vm14d UdIty Uwmtdn (P) ...... — CA ....... CENTRAL ANGLE R� ..... PADIUS A ...... ARC DISTANCE —�L ..... BREAK IN SCALE SHOWN GRAPHICALLY HEREON. SHEET 2 OF 2 12-7827UEV