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HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-121Temp Reso # 12259 October 10, 2012 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2012- 100,94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE VACATION OF RIGHT-OF- WAY (R.O.W.) FOR A PORTION OF MCNAB ROAD 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. 1-P-12); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABI LITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the section of the subject Vacation of Right -of -Way (R.O.W.) for a portion of McNab Road 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, Mark D. Robbins of Schwebke-Shisken & Associates, Inc., designated agent for the property owner, Advanced Business Associates, LLP has requested the Vacation of Right -of -Way (R.O.W) on a portion of a 15 foot right-of-way together with a portion of Tract 9, both as shown on the Plat of "Florida Fruit Lands Company's Subdivision No. 2" of Section 7, Township 49 South, Range 41 East, as recorded in Plat Book 1 at Page 102, of the Public Records of Palm Beach County, Florida; said portion of said Tract 9 being a 38 foot right-of-way as recorded in Official Records Book 4882 at Page 361 and Official Records Book 4903 at Page 435, both of the Public Records of Broward County, Florida, (being a portion of the right-of-way of McNab Road as shown on, but not dedicated Temp Reso # 12259 October 10, 2012 Page 2 by, the Plats of "Tee Plat No. 1 ", as recorded in Plat Book 151, at Page 32, and "Ash Plat No. 1 ", as recorded In Plat Book 166, at Page 50, both of the Public Records of Broward County, Florida; and WHEREAS, the Vacation of Right -of -Way for an unimproved portion of McNab Road is being requested to provide for a buffer for the adjacent vacant City Furniture North Plat to accommodate future development; and WHEREAS, the City Engineer has been contacted and has stated no objection to the Vacation of Right -of -Way for an unimproved portion of McNab Road- to facilitate any future improvements; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the Planning Board recommended approval on October 3, 2012; 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 Right -of -Way for an unimproved portion of McNab Road located at the southwest corner of McNab Road and Hiatus Road, specifically on a portion of a 15 foot right-of-way together with a portion of Tract 9, both as shown on the Plat of "Florida Fruit Lands Company's Subdivision No. 2" of Section 7, Township 49 South, Range 41 East, as recorded in Plat Book 1 at Page 102, of the Public Records of Palm Beach County, Florida; said portion of said Tract 9 being a 38 foot right-of-way as recorded in Official Records Book 4882 at Page Temp Reso # 12259 October 10, 2012. Page 3 361 and Official Records Book 4903 at Page 435, both of the Public Records of Broward County, Florida, (being a portion of the right-of-way of McNab Road as shown on, but not dedicated by, the Plats of "Tee Plat No. 1 ", as recorded in Plat Book 151, at Page 32, and "Ash Plat No. 1 ", as recorded in Plat Book 166, at Page 50, both of the Public Records of Broward County, Florida, in order to accommodate the future development of the adjacent City Furniture North Plat. NOW,R TH'EqEFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION L 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 �P i McNab Road right-`ol-way, That the Vacation of Right -of -Way for an unimproved portion of located on the southwest corner of Hiatus Road and McNab Road for the tity4-Furniture North Plat IS HEREBY vacated. SECTION I 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 Temp Reso # 12259 October 10, 2012 Page 4 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: adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this o2� day of �� BETH TALABIS MAYOR ATTEST: PETER M. Jd CITY CLERK CRM.CMC RECORD OF COMMISSION VOTE: MAYOR TALABISCO G DIST 1: COMM. BUSHNELI DIST 2: COMM GOMEZ--� DIST 3: V/M GLASSER 4 DIST 4: COMM. DRESSLE HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM AMUEL S. GOREN e ITY ATTORNEY , 2012. I LOCATION MAI VACATION OF A PORTION OF McNAB ROAD PARCEL 'A " "LAND SECTION 6 —SOUTH" (P.B. 153, PG. 21) B.C.R.) "V.E'STWOOD COMMUNITY SEVEN" (P. B. 81, PG. 28, B. C..R. ) a LA KE cr kz BLOCK BLDCK o _xzJ68 369 o �E BLOCK 370 . N. W. 700! STREET (R-1 C) BLOCK 367 A4cNA8 ROADcl , I 1 I i � I 1 n2 ' PROPOSED AREA; OF A4cNA8 ROAD TO BE ,VACATED m PARK PARCEL `A. " ; PARCEL ,� ,_ .TEE PLAT No. 1 1ASH PLAT No. 1 j 41 v (P. B. 151, PG. 32, B. C. R.) (P. B. 166, PG. 501_ B.C. R.) rw w rr r r r w r—w—+.r--r -- r —aw r.... ............. �, ....... ---.r ww w�---w---—r—.---------------- --CANALww —� �► ., ; � � TRACT 10 (0 FLORIDA FRUIT LANDS COMPANY S -. SUBDIVISION No. 2ct ems. Q4 , � (P. B. 1, PG. 1021 P. B. C. R.) J C6 ..�.Iw oft .Y.Nwr--r--�--.W .wr w �1 ~00 rw am .w M rw4.rr +. .rr�—r�—.r CL Qom ac' I ~" 1 � ..r�.._..�....--_; PARCEL A "G 0 ULD SOUTH" Q c (P.B. 159, PG. 110 B. C. R.) '•�. =c - �.,, LEGEND: .; P.B. - DENOTES PLAT BOOK PG. -- DENOTES PAGE 51-'11 I P.B. C.R. - DENOTES PALM BEACH COUNTY RECORDS SCA L. E = a 0 i B.C.R. - DENOTES BROWVARD COUNTY RECORDS 1 SHEET 1 OF 5 SHEETS SCHWEBKE-e-SHISKIN &'ASSOCIATES, INC* REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS . - 3240 CORPORATE WAY-MIRAMAR, *FL 33025 VACATION LM41TS PHONE No.(954)435-701.0 FAX No. (954)438--3288 05128 12-1200001 ORDER N0. 199341 PREP D UNDER A#Y SUP RVi ON: DATE: OCTOBER 20, 2010 THIS IS NOT A "BOUNDARY SURVEY" RONALD A. FRITZ, ASSISTANT VICE-PRESIDENT CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767 K:\074941\CITY FURNITURE PLAT\LEGALS\0WG\McNA8 ROAD VACATION (ORB-PG).dw9 on McNAB Rb ri NOR THERL Y EXTENSION OF w vr � THE WEST BOUNDARY LINE' OF 2 C6 " o PARCEL 'A "TEE PLA T NO. 1 '; (P. B. 151, PG. 32, B. C. R.) o w o PARCEL SKETCH ! � ACC0.­M_______PANY LEGAL- DESCRIPTION. VACATION OF A PORTION OF McNAB 'ROAD ;n � P 0 C�,�, � 38" RlGNT-OF- WAY "� t1p (D.R.B. 4903, PG. 435, B.C.R.) p � -�N NORTHWEST CORNER, � � 75' RIGHT-OF-WAY PARCEL "A", "TEE PLAT N0. 1 ", 38' RIGHT-OF-WAY 3 W m ~ o vi (P. B. 151, PG. 32, B.C.R.) � � � iP• B. 1, PG. 102, P. B. C. R.) (p. R. B. 4882, PG. 361, B.C.R.) DETAIL McNAB � � ROAD pD, U to N. 891,33' 15 "E. � ' 601.18--(T0TAL) 7Vn Ln AskN. LINE; N. W. 114; SECTION 7--49-41 i$, 89 °33 15 W. , P. O.B. 601.39 $ TOtAL� N.89 33 15 E. 375.00 1'�. N. 89'33' 15 "E. 524.61 ' w " Lo i P. 0. C. w w PARCELN NORTHWEST CORNERQ)w W O "TEE PLAT No. 1 " o �- � cl� Cv o: o (P. B. 1511 PG. 32, B.C.R.) RIGHT-OF-WAY VACATED BY N o 3 ^ � �' ~ � � R1G � wZ a. � W i (0. R. B. 48598, PG. 1352, B.C.R.) 4 o z z Q Z Z o �. p NORTH LINE, PARCEL »A Z --� w "_4 I w "TEE PLA T No. 1 I (P. B. 151, PG. 32, B. C, R.) o� �. v �-. v 0w A4� w • � ��m ogm z ca I� mw o i LO N� z L �C i fl Ln 4 pz �C 4 LO w w V , pto �~ o ww a, p � CL QQ [l.,.. .+„ � J �. l� y —� cn �' OQ w OG X, . �.. W �`' 1 q I SOUTH LINE; PARCEL14 �., "TEE PLA T No. 1 " I (P. B. - 151, PG. 32, B. C. R.) N.89'28'"12 "E. 526.22' i N.89028' 12 "E (TOTAL) 1002.44' 50' CANAL RIGHT- OF-- WAY (P. B. 151, PG. 32, B.C.R.) SHEET 2 OF 5 SHEETS SCHWEBKE 'SHISKIN & ASSOCIATES, INC. REvrsioNs LAND SURVEYOR -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MiRAMAR, FL 33025 VACATION L/NITS PHONE No.(954)435-7010 FAX No. (954)438-3288 05/28 12- 200001 ORDER N0. 199341 PREP# UNDER DIY Utid VI DATE: �TOBER 20, 2010 � ,s 7H15 IS NOT A BOUNDARY SURVEY" RONALD A. FR1tZ, ASSISTANT VICE PRESIDENT CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL SAND SURVEYOR No. 2767 K:\074941\CITY FURNITURE PCAT\LEGAZS\DWG\McNAB ROAD VACATION .(ORB—PG).dwg �. SKE TCH TO q G"'COMPANY LEGAL DESCRIPTION VACAPON OF A PORPON OF McNAB, ROAD PORTION OF McNAB ROAD RIGHT-OF-WAY 15' RIGHT -OF --WAY (TO BE VACATED) (P. B. 1, PG, 102, P. B. C. R.) N. LINE; N. W.1/4; 38' RIGHT-OF-WAY SECTION 7-- 49 -- 4) B ROAD (O. R. B. 4903, PG. 435, B. C. R.) N. 89'3315 "E. _ ----N. 89 33 15 E.----- (TO TA L) 6 601.18 ---- - (*.� �11`11-11-111117�7 17-17-7 7,� VV•�1 , ...., S. 89°33' 15''!N.(TO TA L 601- 39' �� . 1 ' v 206.83 S. 8,37,3v v E. N.89 33 15 E. • v� N. 89 33 15 E. pO 1 ,W �� c� °° W RIGHT-OF-WAY VACATED BY p tp ! 1* °' 1 2 B.C. R. S O .'� C� o (0. R. B. 48598, PG. 35 ��,; ��-, , 4 Ql. � � I � f ff• � O � w • ". � s � � �, N 4 A NORTH LINE; PARCEL J, 6'� 'tt• ,,� w ,y w uj o 'ASH PLAT No. 1 " Q) � � � �- to O ©, `ovw z ow (P. B. 166, PG. 50, B.C.R.) �! ,�; I �` N - 1!, cl, W ^ W c2l': - ©� ,,� Se w ca Q � nib oclq cm ojm 0 o I o W Qd Qo 53 w I --�Lo Ln j'j. v 1,151 Q. ul LQ N.. p z % • •. I V i L{ ! y a o �" C p :It o 0 0 � I V o "' Q) �i ui ft 65' �. SOUTH LINE; PARCEL A ; � •- 'ASH PLAT No. 1 " 4. U P. B. 166, PG. 50, B.C.R.) Oc ( N. 89'29'S3 ti 1 _ W N. 89'28' 1_2 "E 434.09�. �42.13' i ` ��, b ' '1 " . TOTAL 1002.44' �w N. 89 28 2 E ) c' �.: 5 �. 50' CANAL RIGHT--OF-WAY (P. B. 151, PG. 32, B.C.R.) SMEET 3 OF 5 SHEETS SCHWEBKE-SHISKIN & ASSOCIATES, INC. REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 VACATION L1A41TS PHONE No.(954)435-7010 FAX No. (954)438-3288 05/28/12-000001 ORDER N0. 19934 1 PREPAft"C'0��Y UPDATE: �r08ER 20, 2010Q� THIS IS NOT A "BOUNDARY SURVEY" RONALD A. FRIT2, ASSISTANT VICE PRESIDENT CERTIFICATE OF AUTH0RIIA710N No. LB-87 FLORIDA PROFESSIONAL 14ND .SURVEYOR No. 2767 K..\0749411 CITY FURNITURE PLAT`LEGALS\DWG\McNAB ROAD VACATION (ORB-PG).dwg LEGAL DESCki, tr TION TO ACCOitliPANY SKETCH VACATION OF A PORTION OF McNAB ROAD LEGAL DESCRIPTION: A PORTION OF A 15 FOOT RIGHT—OF—WAY TOGETHER WITH A PORTION OF TRACT 9, BOTH AS SHOWN ON THE PLAT OF "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2 OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 1 AT PAGE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID PORTION OF SAID TRACT 9 BEING A 38 FOOT RIGHT—OF—WAY AS RECORDED IN OFFICIAL RECORDS BOOK 4882 AT PAGE 361 AND OFFICIAL RECORDS BOOK 4903 AT PAGE 435, .BOTH OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, (BEING A PORTION OF THE RIGHT—OF—WAY WAY OF MCNAB ROAD AS SHOWN ON, BUT NOT DEDICATED BY, THE PLATS OF "TEE PLAT NO. I '; AS RECORDED IN PLAT BOOK 151, AT PAGE 32, AND 'ASH PLAT NO. 1 '; AS RECORDED IN PLAT BOOK 166, AT PAGE 50, BOTH OF THE PUBLIC RECORDS OF BROWARO COUNTY, FLORIDA), BEING MORE PARTICULARLY 'DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF PARCEL 'A '; AS SHOWN ON THE SAID PLAT OF "TEE PLAT NO. 1 +'; THENCE NORTH 00 DEGREES 24 MINUTES 55 SECONDS WEST, ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID PARCEL ';4 " OF THE SAID PLAT OF "TEE PLAT NO. 1 '" FOR 2.00 FEET; THENCE NORTH 89 DEGREES 33 MI NU TES 15 SECONDS EAST, ALONG A LINE THAT IS PARALLEL WITH AND 53.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES T0, THE NORTH LINE OF THE NORTHWEST 114 OF SECTION 7, TOWNSHIP. 49 SOUTH, RANGE 41 EAST, FOR 375. DO FEET TO THE POINT OF BEGINNING; SAID LAST DESCRIBED COURSE ALSO BEING ALONG THE SOUTH RIGHT—OF—WAY LINE OF McNAB ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 4882, AT PAGE 361 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTH 00 DEGREES 26 MINUTE'S 45 SECONDS WEST, AT RIGHT ANGLES TO THE LAST AND NEXT DESCRIBED COURSES, FOR 40.00 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 15 SECONDS EAST, ALONG A LINE THAT IS PARALLEL WITH AND 13.00 FEET SOUTH OF, AS MEASURED AT' RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114 OF SAID SECTION 7, FOR 601.18 FEET; THENCE SOUTH 45 DEGREES 35 MINUTES 46 SECONDS EAST FOR 49.37 FEET; THENCE SOUTH 00 DEGREES 44 MINUTES 46 SECONDS EAST, ALONG THE NORTHERLY EXTENSION OF THE EAST LINE OF PARCEL 'A " OF THE SAID PLAT OF 'ASH PLAT NO. 1 '; FOR 40.00 FEET; SAID LAST DESCRIBED COURSE BEING ALONG A LINE THAT IS 53.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHWEST 114 OF SAID SECTION 7; THENCE NORTH 45 DEGREES 35 MINUTES 46 SECONDS WEST FOR 49.37 FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 15 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 53.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114 OF SAID SECTION 7, FOR 601.39 ..FEET TO THE POINT OF BEGINNING; SAID LAST DESCRIBED COURSE BEING ALONG THE SOUTH RIGHT—OF—WAY LINE OF McNAB ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 4903 AT PAGE 435 AND SAID OFFICIAL RECORDS BOOK 4882 AT PAGE 361, RESPECTIVELY, BOTH OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; ALL LYING AND BEING IN THE NORTHWEST 114 OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. SHEET SCHyVEBKE-SHISKIN & ASSOCIATES, INC. LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No, (954)438�3288 ORDER N0. 199341 PREP D UNDER , j�IY SUP V! DATE: OCTOB£R 20, 2010 THIS IS N07 A "BOUNDARY SURVEY" RONALD A. FR172, ASSISTANT VICE PRESIDENT CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 2767 4 OF 5 SHEETS REVISIONS VACATION LIMITS 05/28112-if200001 K:\074941\CITY FURNITURE PLAT\ LEGALS\DWG`McNAB ROAD . VACATION (GRB—PG).dwg I LEGAL DESC i.t' TION TO'ACCOiviPANY SKETCH VACATION. CIF A. PORTION OF McNAB ROAD NOTES: 1) THE BEARINGS AS SHOWN HEREIN ARE BASED ON AN ASSUMED BEARING OF NORTH 89 DEGREES 33 MINUTES 15 SECONDS EAST ALONG THE NORTH LINE OF THE* NORTHWEST 114 OF SECTION' 7, TOWNSHIP 49 SOUTH, RANGE .41 EAST, AS SHOWN ON THE HEREIN REFERENCED PLA TS OF ';4SH PLA T NO, 1 AND "TEE PLA T NO. 1 2) PREPARED FOR: ADVANCED BUSINESS ASSOCIATES, LLP. 3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL'DESCRIPTION MUST BEAR THE:.. , t � SIGNATURE AND ORIGINAL RAISED SEAL OF THE ATTESTING PROFESSIONAL LAND SUR�EYOp`Y AND MAPPER. 4) THE AREA CONTAINED WITHIN, THE LIMITS OF THE HEREIN DESCRIBED PARCEL. tSl 25,444 SQUARE FEET, MORE OR LESS (0.584 ACRES, MORE OR LESS). - 3 LEGEND: --- -- DENOTES CE TER - L INE O.R.B. -- DENOTES OFFICIAL- RECORDS BOOK P. B. - DENO TES PLA T BOOK PG. - DENOTES PAGE R/W -- DENOTES RIGHT-- OF-- WA Y P. B. C. R. -- DENOTES PALM BEACH COUNTY RECORDS B.C.R. -- DENOTES BRO WARD COUNTY RECORDS h'. U. (; . — Ut NV 1 t J !-'U1N / Ut C. UMMt N(. t Mt N l P.O.B. -DENOTES POINT OF BEGINNING SHEET 5 OF 5 SHEETS SCHWEBKE-SHISKIN & ASSOCIATES, INC. LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—hdIRAMAR, FL 33025 PHONE No.(954)435-7010 fAX No. (954)43$-3288 ORDER N0. 19934 1 PREP D UND£R NY �UPERVIS/0� DATE: �TOBER ?0, 20 )0 .�{ THIS IS NOT A "BOUNDARY SURVEY" RONALD A. FRITZ, ASSISTANT VICE PRESIDENT CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 27fi7 REVISIONS VACATION LIMlT5 25128112—gOOOO 1 K:,0749411 CITY FURNITURE PLAT,LEGALS,DWG\McNAB ROAD VACATION (ORB-PG).dwg Mark S. Johnson, P.S.M. Ronald A. Fritz, P.S.M. Jose L. Sanfiel, P.S.M. Michael J. Alley, P.S.M. �C72W£UkE-GiRllklYt Land Surveyors -Engineers -I Planners 3240 Corporate Way • Miramar, Florida 33025 Phone: (954) 435-7010 • Fax: (954) 438-3288 JUSTIFICATION LETTER VACATION OF EASEMENTS "CITY FURNITURE NORTH" U Alfonso C. Tello, P.E., P.S.M. Hernando J. Navas, P.E. Luis F. Leon, P.E. Alberto A. Mora, P.E. John C. Telio, P.E. The primary reason for the vacation of a portion of the Right -of -Way of McNab Road as shown on the plats of "Tee Plat No. 1" and "Ash Plat No. 1" is for the creation of a landscape buffer. This portion of the McNab Road Right -of -Way was previously ' removed from the Broward County Traff cways Plan, making the Right -of -Way appropriate for a non -buildable landscape buffer between the proposed plat of "City Furniture North" and the residential neighborhoods to the North. 0 .wr wr , I* City Commission October 24, 2012 Jennifer Bramley, Director Community Development 7525 NW 88 Avenue Tamarac, FL 33321 Telephone (954) 597-3530