HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-010Temp Reso # 12145
December 28, 2011
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012- /o
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
APPROVING THE DEDICATION OF THREE (3)
EASEMENTS AND ONE (1) RIGHT-OF-WAY TO
ALLOW FOR THE FUTURE DEVELOPMENT OF
THE SUBJECT PROPERTY, FOR THE
PROPERTY LOCATED ON THE SOUTHWEST
CORNER OF HIATUS ROAD AND MCNAB
ROAD;(CASE NO. 2-P-11) PROVIDING FOR
CONFLICTS: PROVIDING FOR SEVERABILITY:
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the section of the subject easements and right-of-way (R.O.W.)
described in Exhibit "A", (attached hereto as Exhibit "A - Sketch" incorporated herein and
made a specific part thereof) was dedicated to the public at the time of the initial
recordation of the Plat of reference; and
WHEREAS, Ronald A. Fritz of Schwebke-Shisken & Associates, Inc., Designated
Agent for the property owner, Advanced Business Associates, LLP has requested the
dedication of three (3) easements and one (1) right-of-way (A replat of a portion of Tract 10
in the Northwest'/ of Section 7, Township 49 South, Range 41 East, according to the Plat
of "Florida Fruit Lands Company's Subdivision No. 2, as recorded in Plat Book 1, Page
102, of the Public Records of Palm Beach County, Florida; together with: Parcel "A", a
portion of the right-of-way of McNab Road and the 50 foot canal right-of-way, according to
the Plat of "Tee Plat No. 1", as recorded in Plat Book 151, Page 32, of the Public Records
of Broward County, Florida; also together with Parcel "A", a portion of the rights -of -way of
McNab Road and Hiatus Road, the 50 foot canal right-of-way and the 100 foot utility,
access, maintenance and drainage easement, according to the Plat of, "Ash Plat No. 1", as
recorded in Plat Book 166, Page 50, of the Public Records of Broward County, Florida), for
Temp Reso # 12145
December 28, 2011
Page 2
the property located on the southwest corner of Hiatus Road and McNab Road, to allow the
future development of this property; and
WHEREAS, the City Engineer has been contacted and has stated no objection to
the dedication of the subject easements and right-of-way to facilitate any future
improvements; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the Planning Board recommended approval on December7, 2011; 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
dedication of three (3) easements and one (1) right-of-way located on the southwest corner
of Hiatus Road and McNab Road, specifically (A replat of a portion of Tract 10 in the
Northwest % of Section 7, Township 49 South, Range 41 East, according to the Plat of
"Florida Fruit Lands Company's Subdivision No. 2, as recorded in Plat Book 1, Page 102,
of the Public Records of Palm Beach County, Florida; together with: Parcel "A", a portion of
the right-of-way of McNab Road and the 50 foot canal right-of-way, according to the Plat of
"Tee Plat No. 1 ", as recorded in Plat Book 151, Page 32, of the Public Records of Broward
County, Florida; also together with Parcel "A", a portion of the rights -of -way of McNab Road
and Hiatus Road, the 50 foot canal right-of-way and the 100 foot utility, access,
maintenance and drainage easement, according to the Plat of, "Ash Plat No. 1", as
recorded in Plat Book 166, Page 50, of the Public Records of Broward County, Florida).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
1
Temp Reso # 12145
December 28, 2011
Page 3
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 dedication of three (3) subject easements and one (1)
subject right-of-way, located on the southwest corner of Hiatus Road and McNab Road
specifically:
a. Dedications Proposed City Furniture North Plat
1. 20' drainage easement
2. 15' utility easement (2 separate easements)
3. 25' drainage easement
4. Right-of-way dedication along Hiatus Road
(A replat of a portion of Tract 10 in the Northwest % of Section 7, Township 49 South,
Range 41 East, according to the Plat of "Florida Fruit Lands Company's Subdivision No. 2,
as recorded in Plat Book 1, Page 102, of the Public Records of Palm Beach County,
Florida; together with: Parcel "A", a portion of the right-of-way of McNab Road and the 50
foot canal right-of-way, according to the Plat of "Tee Plat No. 1 ", as recorded in Plat Book
151, Page 32, of the Public Records of Broward County, Florida; also together with Parcel
"A", a portion of the rights -of -way of McNab Road and Hiatus Road, the 50 foot canal right-
of-way and the 100 foot utility, access, maintenance and drainage easement, according to
the Plat of, "Ash Plat No. 1 ", as recorded in Plat Book 166, Page 50, of the Public Records
of Broward County, Florida); is HEREBY GRANTED.
Temp Reso # 12145
December 28, 2011
Page 4
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 day o2012.
PAMELA BUSHNELL,
MAYOR
ATTEST-----,
PETER M. J/AMHARDSON, CRM, CMC
CITY CLERK.
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TAMAR'9C,'�,'
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL 151P
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DIST 1: COMM. SWENSO
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DIST 3: V/M GLASSER
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DIST 4: COMM. DRESSL
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
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SAM EL S. G REN
CITY ATTORNEY
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CITY OF TAMARAC DRAINAGE EASEMENT
FOR: City Furniture North Culvert Extension
NAME OF PROJECT
This DRAINAGE EASEMENT made this day of ,
20h;L by Advance Business Associates, L.L.P. having an address of
6701 North Hiatus Road Tamarac, Florida 33321 , (hereinafter
"Grantor"), and the City of Tamarac, a municipal corporation of the State of Florida,
having an address at 7525 Northwest 88t" 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 easement to
use a portion of the servient estate.
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 easement over and upon the servient estate for the installation
and maintenance of City's nigh -of-war. drainage facilities.
1
2. Grantor reserves all rights not herein granted pursuant to this easement,
including but not limited to, the right of free ingress and egress over and upon the
servient estate and to grant further easements under, over and on the servient estate;
provided that, in no event shall any of the rights herein reserved impede the easement
herein granted or the exercise of the rights of use thereunder.
3. The provisions of this 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 easement shall not be released or altered without consent of the
Grantee.
REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
2
ATTEST:
BY Y �{✓ �Q�
Type Name IXJ17
�r'
Corporate Secretary
(Corporate Seal)
GRANT
s
By.
Type Name
President
STATE OF FLORIDA
: SS
COUNTY OF 'y fl-
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 k co 4_GV; lei 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 r7 ,
20J 2-.
NOTAR UBLIC, State of Florida
BRIT I. KRISTOFFERSEN at Large
MY COMMISSION k DD 896283
; EXPIRES: October 4, 2013
Bonded Th. Notary Public Underwriters
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
( ) Personally known to me, or
( ) Produced Identification
( ) DID take an oath, or (
Type of I.D. Produced
DID NOT take an oath.
3
ATTEST:
By:
Mi C e r
City ager -
ATTE
By. r
Peter Richardso �w
City Clerk
ACCEPTED BY CITY OF TAMARAC
GRANTEE
B:
Mike Cernech
City Manager
Date: / _ 17
Approved as to form:
B �
STATE OF FLORIDA Samuel Goren,
SS City Attorney
COUNTY OF 3fdi?),gj): ,
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 &K acknowledged before me and
under oath that IC executed the same.
WITNESS my hand and official seal this/ day of
200 2_
NOTARY PUBLIC, State of Flord
TINA M. WHEATLEY at Large
MY COMMISSION M EE5619
EX�AUP906,1-eOPJ-NOTARY
O Personally known to me, or
( ) Produced identification
(Name of Notary Public: Print,mp;
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( } DID NOT take an oath
M
MORTGAGEE JOINDER
The undersigned, WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking
association, successor by merger to Wachovia Bank, National Association, does hereby acknowledge that
its interest under its recorded mortgage shall be subject in all respects to the terms of the City of Tamarac
Drainage Easement to which this Joinder is attached.
1N WITNESS WHEREOF, these presents have been executed this day of January, 2012.
Witnesses:
Sipature
Print N
Si re
fG ►nA, iL�I'S'
Print Name
STATE OF FLORIDA )
COUNTY OF BROWARD
WELLS FARGO BANK, NATIONAL
ASSOCIATION, a national banking association
By:
Karen eikert, Senior Vice President
The foregoing instrument was acknowledged before me by Karen Leikert, as Senior Vice
President of Wells Fargo Bank, on behalf of the bank. She is personally known to me or has produced
as identification.
Witness my signed and official seal this —�— day of January, 2012 in the County and State
aforesaid.
f
Sfignatu of the Notary Public
Print Name of the Notary Public
My Commission Expires:
,s� P''•¢•' JASMINE C. VELASQUEZ
_ Notary Public - State of Florida
M Comm. Expires Jun 28.2015
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+► �p Commission #F EE 1076M
••EOs 1„�P,.
LOCATION SKETCH
OF A 25 FOOT WIDE DRAINAGE EASEMENT
NORTH 114 CORNER SECTION 7-49-41
NORTH LINE; NORTHWEST 114; SECTION 7-49-41
McNAB ROAD
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NF
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ot
SUBJECT-)
EASEMENT W
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I
LEGEND:
---- DENOTES CENTER LINE
P.O.B. DENOTES POINT OF BEGINNING
O.R.B. DENOTES OFFICIAL RECORDS BOOK
P.B. DENOTES PLAT BOOK
PG. DENOTES PAGE
P.O. T. DENOTES POINT OF TERM1NATION
P.O.C. DENOTES POINT OF COMMENCEMENT
SCALE: 1 "=400' R/W DENOTES RIGHT-OF-WAY
B. C. R. DENOTES BROWARD COUNTY RECORDS
P.B.C.R. DENOTES 'PALM BEACH COUNTY RECORDS
EXHIBIT "A "
SHEET 1 OF 3 SHEETS
SCHWEBKE-SHISKIN & ASSOCIATES, INC. REVISIONS
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 CITY DRC COMMENTS
PHONE No.(954)435-7010 FAX No. (954)438-3288 10 20 11 #199341
ORDER NO. 197888 PREP D UNDER MY SUPERVI ION:
DATE: AUGUST 18, 2010 ,
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\DWG\PROPOSED 25 DRAINAGE EASEMENT.DWG
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
OF A 25 FOOT WIDE DRAINAGE EASEMENT
SCALE:
1 "=200'
AL
j00. EXISTING P.O.B.N�
NORTH LINE, • NORTHWEST 1/4; SECT/ON 07-49-41
McNAB ROAD S.89"33'15"W.
- - - S.89'33' 15''W.
S.89'33' 15 "W 731.44' 150 00'
.P.O.C.
N. W. CORNER, PARCEL A "
(P. B. 151; PG. 32, B. C. R.)
C3
ct
m
N.83'36' 11 "W.
100.72' N.45"3546"W.
42.31'oo
�'
1
I
�'
oo
P\
Gvi
QP QvQG-
S.06"05'48'W.
51\ 6 100.72'
EAST
(P.B.166,PG. 50,BC.R.) '33,15„E.
N I cv
J 664. 5 .442234 "
14'
/ W.
42.52' oo
iL6,3'1
L R/W (151-32) 50' CANAL R/W (166_50) l
o OF 25' DRAINAGE EASEMENT S.65"07'29'E.39 "E. 189. C
199 93 , 50 k 100' UTILITY, ACCESS, MAINTENANCE
AND DRAINAGE EASEMENT (166-50)
Z THE NORTH 112 OF TRACT 10
'FLORIDA FRUIT LANDS COMPANY'S
SUBDIVISION No. 2"
(P. B. 1, PG. 102, P. B. C. R.)
S.89"28' 12 "W. 1419.64'
"GOULD SOUTH"
(P. B. 159, PG. 11, B.C.R.)
62
EXHIBIT „A„
SHEET 2 OF 3 SHEETS
SCHWEBKE—SHISKIN & ASSOCIATES, INC. REVISIONS
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 CITY DRC COMMENTS
PHONE No.(954)435-7010 FAX No. (954)438-3288 10 20 11 #199341
ORDER NO. 197888 PREP .ED UNDER MY SUPER V SIGN:
DATE:
AUGUST 18, 2010 (1
THIS IS NOT A "BOUNDARY SURVEY" RON LD A. FRITZ. ASSISTANT VICE PRESIDENT
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767
K:\074941\CITY FURNITURE PLAT\ LEGALS\ OWG \PROPOSED 25 DRAINAGE EASEMENTDWG
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
OF A 25 FOOT WIDE DRAINAGE EASEMENT
LEGAL DESCRIPTION:
A PORTION OF PARCEL 'A" AND THE 50 FOOT WIDE CANAL RIGHT-OF-WAY, ACCORDING TO THE PLAT OF
"TEE PLAT NO. 1 " AS RECORDED IN PLAT BOOK 151 AT PAGE 32, TOGETHER WITH A PORTION OF
PARCEL 'A THE 50 FOOT WIDE CANAL RIGHT-OF-WAY AND THE 50 FOOT BY 100 FOOT UTILITY,
ACCESS, MAINTENANCE AND DRAINAGE EASEMENT, ACCORDING TO THE PLAT OF 'ASH PLAT NO. 1", AS
RECORDED IN PLAT BOOK 166 AT PAGE 50, BOTH OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA; AND ALSO TOGETHER WITH A PORTION OF TRACT 10, ACCORDING TO THE PLAT OF 'FLORIDA
FRUIT LANDS COMPANY'S SUBDIVISION NO. 2, AS RECORDED IN PLAT BOOK 1 AT PAGE 102, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING A 25.00 FOOT WIDE STRIP OF LAND LYING
12.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES:
COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL 'A" OF THE SAID PLAT OF "TEE PLAT NO. 1
THENCE SOUTH 00 DEGREES 44 MINUTES 46 SECONDS EAST, ALONG THE WEST LINE OF SAID PARCEL
'A" AND THE WEST LINE OF THE SAID 50 FOOT WIDE CANAL RIGHT-OF-WAY OF THE SAID PLAT OF 'TEE
PLAT NO. 1 , RESPECTIVELY, FOR 607.83 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINES OF
SAID 25.00 FOOT WIDE DRAINAGE EASEMENT, • SAID POINT OF BEGINNING BEING COINCIDENT WITH THE
SOUTHWEST CORNER OF THE SAID 50 FOOT WIDE CANAL RIGHT-OF-WAY, AS SHOWN ON THE SAID PLAT
OF 'TEE PLAT NO. 1", THENCE NORTH 63 DEGREES 17 MINUTES 39 SECONDS EAST FOR 199.93 FEET;
THENCE NORTH 89 DEGREES 33 MINUTES 15 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF THE
NORTHWEST 114 OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST AS SHOWN ON THE SAID PLAT
OF 'TEE PLAT NO. 1 " AND THE SAID PLAT OF 'ASH PLAT NO. 1 ", FOR 664.14 FEET, • THENCE SOUTH 55
DEGREES 07 MINUTES 29 SECONDS EAST FOR 189.46 FEET TO THE POINT OF TERMINATION OF SAID
CENTERLINES SAID POINT OF TERMINATION BEING ON THE EAST LINE OF THE SAID 50 FOOT BY 100
FOOT UTILITY, ACCESS, MAINTENANCE AND DRAINAGE EASEMENT AS SHOWN ON THE SAID PLAT OF 'ASH
PLAT NO. 1" ALL LYING AND BEING IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY OF
TAMARAC, BROWARD COUNTY, FLORIDA.
SURVEYOR'S NOTES:
1) THE BEARINGS AS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING OF SOUTH 89 DEGREES
33 MINUTES 15 SECONDS WEST, ALONG THE NORTH LINE OF THE NORTHEAST 114 OF SECTION 7,
TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS SHOWN ON THE HEREIN REFERENCED PLATS OF 'ASH PLAT
NO. 1 " AND "TEE PLAT NO. 1 ".
2) THE SIDELINES OF THIS EASEMENT ARE TO BE LENGTHENED OR SHORTENED SO AS TO FORM A
CONTINUOUS 25.00 FOOT WIDE STRIP OF LAND.
3) THE SIDELINES OF THIS EASEMENT AT THE POINT OF BEGINNING ARE TO BE LENGTHENED OR
SHORTENED SO AS TO INTERSECT THE WEST LINE OF THE SAID 50 FOOT WIDE CANAL RIGHT-OF-WAY,
AS SHOWN ON THE SAID PLAT OF 'TEE PLAT NO. 1" AND THE WEST LINE OF SAID TRACT 10, BOTH
HAVING A BEARING OF SOUTH 00 DEGREES 44 MINUTES 46 SECONDS EAST.
4) THE SIDELINES OF THIS EASEMENT AT THE POINT OF TERMINATION ARE TO BE LENGTHENED OR
SHORTENED SO AS TO INTERSECT THE WEST LINE OF THE SAID 50 FOOT BY 100 FOOT UTILITY, ACCESS,
MAINTENANCE AND DRAINAGE EASEMENT AS SHOWN ON THE SAID PLAT OF 'ASH PLAT NO. 1" AND THE
WEST RIGHT-OF-WAY LINE OF HIATUS ROAD (N.W. 106TH AVENUE) ACCORDING TO OFFICIAL RECORDS
BOOK 26759 AT PAGE 973 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BOTH HAVING A
BEARING OF SOUTH 00 DEGREES 44 MINUTES 46 SECONDS EAST.
5) ORDERED BY. ADVANCED BUSINESS ASSOCIATES, LLP.
6) THIS SKETCH EMBOSSED SEAL OFNT E ATTESTING DESCRIPTION
PROFESSIONALBEAR
LAND THE
SURVEYOR. SIGNATURE AND EXHIBIT "A "
SHEET 3 OF 3 SHEETS
SCHWEBKE-SHISKIN & ASSOCIATES, INC. REVISIONS
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 CITY DRC COMMENTS
PHONE No.(954)435-7010 FAX No. (954)438-3288 10 20 11 #199341
ORDER NO. 197888 PREP UNDER MY MRVISI N:
DATE: AUGUST 18, 2010
THIS IS NOT A "BOUNDARY SURVEY" RONAL A. F ITZ, ASSISTANT VICE PRESIDENT
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767
K.\074941\CITY FURNITURE PLAT\ LEGALS\ DWG \PROPOSED 25 DRAINAGE EASEMENTDWG