HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-078May 26, 2009 - Temp. Reso. #11630
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- /7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
SIDEWALK EASEMENT WITH THE ESTATE OF JACOB
LUTZ FOR THE 50TH AVENUE SIDEWALK PROJECT,
LOCATED ON THE EAST SIDE OF NW 50TH AVENUE AND
SOUTH SIDE OF NW 50TH STREET WITHIN THE
MAINLANDS SIX SUBDIVISION 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.
IWHEREAS, City Code Section 20-85, 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 of NW 50th Avenue to
construct the required sidewalk for the 501h Avenue Sidewalk Project; and
WHEREAS, the Estate of Jacob Lutz, as owner has offered this Sidewalk
Easement, attached as Exhibit "A", herein; and
WHEREAS, it is the recommendation of the Director of Public Works that this
Sidewalk Easement be accepted, executed and recorded; and
May 26, 2009 -Temp. Reso. #11630
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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, execute and record this Sidewalk Easement with the
Estate of Jacob Lutz, for the 50th Avenue Sidewalk Project located on the East side of NW
50th Avenue and South side of 50'h Street within the Mainlands Six Subdivision 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. All exhibits
referenced in this resolution are hereby incorporated herein and made a specific part
hereof.
Section 2: The appropriate City Officials are hereby authorized to accept, and '
execute this Sidewalk Easement with the Estate of Jacob Lutz, for the 50th Avenue
Sidewalk Project located on the East side of NW 50th Avenue and South side of NW 50th
Street within the Mainlands Six Subdivision to allow legal access by the public.
Section 3: The City Clerk is hereby authorized and directed to record said
document in the Public Records of Broward County.
Section 4: That all Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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 partor
application, it shall not affect the validity of the remaining portions or applications of this
Resolution. I
May 26, 2009 - Temp. Reso. #11630
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Section 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this day of , 2009.
ATTEST
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MUEL S. GOREF
ITY ATTORNEY
1
BETH FLANSBAUM-TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCC
DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD
DIST 3: COMM GLASSER
DIST 4: COMM. DRESSLER
Temp. Reso. No. 11620
CITY OF TAMARAC QOScale: N. T.S
PUBLIC WORKS DEPARTMENT
ENCINEERIN6 DIVISION SHEET 1 OF 1
SITE LOCATION
50th AVENUE
SIDEWALK EASEMENT
TR#11630
REYt3.ION: 50TH AVENUE
SIDEWALK EASEMENT
EXHIBIT 1
E BBIERB, F1 CITY OF TAMARAC. BROWARD COUNTY, FLORIDA
SEO. 12. TWR. 49_ ROE. A
Exhibit 2 TR#11630
CITY OF TAMARAC SIDEWALK EASEMENT
FOR: NW 50TH AVENUE SIDEWALK IMPROVEMENTS
NAME OF PROJECT
This SIDEWALK EASEMENT made this f day of ' 2009, by the
Estate of Jacob Lutz, having an address of P.O. Box 90229, Indianapolis IN 46290-
0229, (hereinafter "Grantor"), and the City of Tamarac, a municipal corporation of the
State of Florida, having an 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).
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 usa- 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
t. 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.
Witness t
Type Namei-i ( C1 ` ccf f'
vw�
Wltn ss
Type Name 'e/
sNG�rCcNR
STATE OF-Fi-6RtB*-
COUNTY OF Ma -/'on% S5
4(GNTOR)
Type Name/David Lutz
�+eceaSoR Notsoaw, RaP.
rype NamefTitle
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 h"141 144�0 to me known to be the person(s) described in and
who executel the foregoing instrument and he acknowledged before me and under
oath that A e executed the same.
WITNESS my hand and official seal this day of
200 q . —
( ✓ ) Personally known to me, or
( ) Produced Identification
GuPtit �J . c:/
NOTARY PUBLIC, =-1AAOe
at Large HAMILTON COUNTY
b:..OM! 11S9joN L I AUr.4<2 r,'.-
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
rype of I.D. Produced
) DID take an oath, or ( ) DID NOT take an oath.
3
ATTEST:
By:
Jeffrey L. it*
City Manager /
ATTEST: f
BV.
Marion Swenson, CMC
City Clerk
STATE OF FLORIDA
:SS
COUNTY OF 8k61tA94
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Beth Flansbaum-Talabisc"o
Mayor // q
ate: CPaxw
Jeffrey L. ill
City Manager
Date: 6 // D %
Approved s to form:
By:
Camue . Goren,
City Attorney
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
13�i7c�i�s�6 to me known to be the person(s) described in and who executed the
foregojng instrument and S{� �— acknowledged before me and under oath that
i VI-1 executed the same.
WITNESS my hand and official seal this day of t4-IL�
2009
NOTARY p[.BLIC.STATE OF FLORIDA
""' Tina M. Wheatley NOTARY PUBLIC, State of Florida
Commission # DDS81925 at Large
' Expires: AUG. 06 2010
BONDED THRU ATLA, EC BONDi>G CO., INC.
(Name of Notary Public: Print, Stamp,
( �) 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
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
v do h reby affirm that I am the
awcceSSoC� �RSo n11YL cP of E� off'; co� LA and that I hpve executed a
Sidewalk Easement with the City of Tamarac for Nw S �c.s10`"'ji4�bjectP aric��iha`w
the owner of the property covered by said Sidewalk Easement.
OAL-
There are no mortgages held on the property, which is the subject of said
Sidewalk Easement.
SiV�Gvt1Q
STATE OF-FLeRt3*
COUNTY OF%ON SS
FURT�R gFFIA AYETH NOT.
(Signat r )
This ! `day of 200�_.
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 lJa. , Zyi'- to me known to be the person(s) described in and
who executed the foregoing instrument and he acknowledged before me and under
oath that Ae executed the same. /yk
WITNESS my hand and official seal this day of 1861
200 f
( ) Personally known to me, or
( ) Produced Identification
Z/
NOTARY PUBLIC, State of �(Nq
at Large NOTARY pUBLic STATE OF INDUKA
HAbUL ON COUNTY
,,:1 C0Mh1Lv6J®N EXP. AUG, 4,2001
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
G�
SKETCH and DESCRIPTION
A 5.00 FOOT WIDE STRIP OF LAND LYING WITHIN PARCEL R, THE MAINLANDS OF TAMARAC LAKES
SIXTH SECTION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 65, PAGE 46, OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS. -
COMMENCING AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF NORTHWEST 50TH STREET
AND THE EASTERLY RIGHT-OF-WAY LINE OF NORTHWEST 50TH AVENUE, THENCE N00'13'00 W ALONG SAID
EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 30.31 FEET TO THE POINT OF BEGINNING S41D POINT ALSO
LYING AND BEING ON THE WEST LINE OF THE AFORESAID PARCEL R,• THENCE CONTINUE NOD'13'00W ALONG
SAID LINE, A DISTANCE OF 9. 13 FEET; THENCE N44'53'19"E, A DISTANCE OF 16.37 FEET TO THE POINT OF
CURVATURE OF A CIRCULAR CURVE TO THE LEFT • THENCE NORTHERLY ALONG THE ARC OF SAID CIRCULAR
CURVE HAVING A RADIUS OF 500 FEET, A CENTRAL ANGLE OF 45'1150", AND AN ARC DISTANCE OF 394
FEET; THENCE N00'18 JD"W, A D/STANCE OF 392.04 FEET TO THE POINT OF CURVATURE OF A CIRCULAR
CURVE TO THE LEFT,• THENCE NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE HAVING A RADIUS
OF 5.00 FEET, A CENTRAL ANGLE OF 44'59:30" AND AN ARC DISTANCE OF 3.93 FEET THENCE N45118'00"W,
A DISTANCE OF 15.49 FEET TO A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF NORTHWEST 507H
AVENUE, SAID POINT ALSO LYING AND BEING ON THE WEST LINE OF THE AFORESAID PARCEL R,• THENCE
NOO'1300W ALONG S41D LINE, A DISTANCE OF 9.14 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE
TO THE LEFT AND TO SAID POINT A RADIAL LINE BEARS S89-47'00'1N,• THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CIRCULAR CURVE HAVING A RADIUS OF 500 FEET A CENTRAL ANGLE OF 45*0500" AND AN
ARC DISTANCE OF 393 FEET; THENCE 545.18'00E A DISTANCE OF 18.40 FEET TO THE POINT OF CURVATURE
OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC OF S41D CIRCULAR CURVE
HAWING A RADIUS OF f0.00 FEET, A CENTRAL ANGLE OF 44'5930" AND AN ARC DISTANCE OF 7.85 FEET -
THENCE S00' 1 B JO "E, A DISTANCE OF 392. 04 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO
7HE RIGHT- THENCE SOUTHERLY ALONG THE ARC OF S41D CIRCULAR CURVE HAVING A RADIUS OF 10.00 FEET,
A CENTRAL ANGLE OF 45'1150", AND AN ARC DISTANCE OF 7.89 FEET' THENCE S44'53'19"W, A DISTANCE OF
19.28 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY ALONG
THE ARC OF SAID CIRCULAR CURVE HAVING A RADIUS OF 5.00 FEET A CENTRAL ANGLE OF 45'06'19" AND
AN ARC DISTANCE OF 3.94 FEET TO THE POINT OF BEGINNING.
S41D LANDS SITUATE LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. CONTAINING
2,205 SQUARE FEET MORE OR LESS.
NOTES:
1) THIS IS NOT A SURVEY
2 Bearings shown hereon are based on the Plat of THE MAINLANDS OF TAMARAC LAKES SIXTH SECTION. (P.B. 65,
PG. 46, B.C.R.)
3) This Sketch and Description consists of two (2) sheets and is not complete without all sheets.
4) This Sketch and Description is not valid without the signature and original raised seal of a
Florida Licensed Surveyor and Mapper.
5) The undersigned and David & Gerchar, Inc., make no representations or guarantees as to
the information reflected hereon pertaining to easements, right—of—woy, 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
right—of—way and/or easements of record.
SHEET 1 OF 2
REVISIONS
DATE
BY
CKD
FB/PG
A SFOOT STRIP OF
LAND LYING IN
PARCEL R
THE MAINLANDS OF
TAMARACLAKES
SIXTHSECTION
P.B. 6S PG. 46 B. C.R.
,�✓
- -
THEO ORE J. DAVID _FOR THE FIRM
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO, 5821
DAVID & GERCHAR, INC. LB$6935
SCALE:
N/A
JOB N0:
09-020
AVID
A V 1 D
ERCHAR, iNc.
SURVEYORS AND MAPPERS
FB/PG:
N/A
CAD. FILE:
R\tamarac\50th
DRAWN BY:
RRM
DATE:
4/24/09
12075 N.W. 40th Street, Bav I
Coral Springs, Florida 33065
(954) 340-4025 • Fax: (954) 340-8584
CKD. BY:
TD
PROJ. FILE:
tamorac50
SKETCH ofDESCRIPTION
10' U.E.
S 89'47'0G- W
DIAL
119
SjOT 7
C-3
L-5
C-4
s'
C-2
U
LOT 8
¢z�,
N.W. 51st ST.
W
�HUU
10' uE
LOT 7
>
�..a O W
00)
120
u cn
7}�---
5
04 Q F O
V)
Q Q 0.
I 5'
LOT a
C
N.W. 50t
T.
a
W
10' U.E.
121
LOT 7
39'
WEST LINE OF
1
PARCEL R
5
EASTERLY R/W OF LOT 8
C-1
—5
N.W. 50th AVE.. L-2
LOT 10
P.0. 8.
v 123
C-6
S }jam
N.W. `� 06(1
\'•�
LOT 11
�S. \ onum
FGrND,
O. R. B. OFFICIAL RECORD BODK
P. O, C, POINT OF COMMENCEMENT
P. O. B. POINT OF BEGINNING
P. B. PLAT BOOK
PG. PAGE
B. C. R. BROWARD COUNTY RECORDS
U. E. UTILITY EASEMENT
119 BLOCK NUMBER
R/W RIGHT-OF-WAY
LINE TABLE
LINE
LENGTH
BEARING
L1
30.31
S00'13'00'E
L2
9.13'
N00.13'00'W
L3
16.37
N44'53'19'E
L4
392.04
N00'18'30'W
L5
15.49
N45.18'00'W
L6
9.14
N00'13'00'W
L7
18.40
S45.18'00'E
LB
392,04
SOO'18'30'E
L9
19.28
S44.53'19'W
CURVE TABLE
CURVE
LENGTH
I RADIUS
CENTRAL ANGLE
CI
3.94
5.00
45'11'50'
C2
3.93
5.00
44.59'30'
C3
3,93
5.00
45.05'00'
C4
7.85
10.00
44.59'30'
C5
7.89
10,00
45'11'50'
C6
3.94
5.00
45'06'19'
IHL INTERSECTION OF THE NORTHERLY
RIW OF N.W. 50th STREET AND THE
EASTERLY RIW OF N.W. 50th AVENUE,
THE MAINLANDS. OF TAMARAC LAKES SIXTH SECTION
(P. B. 65, PG. 46, B. C.R.)
NORTHERLY RIW OF N.W. 50th STREET
THIS IS N07 A SURVEY SHEET 2 OF 2
REVISIONS I DATE BY I CKD I FB/PG
A 5FOOT STKIPOF
SCALE:
t - 10D
JOB NO:
AVID &
LANDLYINGIN
09-020
FB/PG:
"/A
CAD. FILE:
a as\SOth
PARCEL R
ERCHAR, INC.
THEMAINLANDS OF
A
TAMARACLAKES
DRAWN BY:
DATE:
DATE:
SURVEYORS AND MAPPERS
SIXTHSECTION
RRM
4/24/09
12075 N.W. 40th Street, Bay 1
Coral Springs, Florida33065
CKD. BY:
PROJ. FILE:
�p B. 6S PG. 46 B.C.R.
(i a )
TO
tomarac50
(954)340-4025• Fax: (954) 340-8584