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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-020Temp. Reso. # 11354 January 31, 2008 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008-0Z 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 ASSOCIATION, FOR THE NW WESTWOOD BLVD. EAST SIDEWALK PROJECT, AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide adequate pedestrian facilities to enhance safety throughout the City; and WHEREAS, the installation of sidewalk on the east side of Westwood Blvd. East at the north side of the canal crossing north of NW 68 Street and will connect the existing sidewalk on Westwood Blvd. East to the new sidewalk to be constructed along Westwood Blvd. East; and WHEREAS, Lime Bay Condominium Association as owner of the developed parcel has offered the "City of Tamarac Sidewalk Easement", attached hereto as Exhibit 1 "; and WHEREAS, it is the recommendation of the Director of Public Works that this easement be accepted, 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, execute, and record a "City of Tamarac Sidewalk Temp. Reso. # 11354 January 31, 2008 Page 2 of 3 Easement' with Lime Bay Condominium Association as required for the construction of sidewalk. 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. SECTION 2: The appropriate City Officials are hereby authorized to accept, execute, and record a "City of Tamarac Sidewalk Easement" (attached hereto as "Exhibit 1 ") with Lime Bay Condominium Association to allow legal access by the public. SECTION 3: The City Clerk is hereby authorized and directed to record said Agreement 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 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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. 1 1 SECTION 6: passage and adoption. Temp. Reso #11354 January 31, 2008 Page 3 of 3 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED thiso27 day of , 2008. ATTEST: MARION SWENSON, CMC CITY CLERK 1 I HEREBY CERTIFY that I have approved this RESOLUTION as to form. AMUEL S: GOREN CITY ATTORNEY 1 BETH FLANSBAUM TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-G D DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER Q 3 SIDEWALK EASEMENT TR#91354 ,��� �' j/�" � __• ///�/ ��� P1�1 w w Yy� w w w w w w � ._ � i c+fy 7 TR67 %%/% . �"A 75 CbA 'L pp` W❑❑DM❑N F w w w w A w w Ci 74 S" GREE S %y p w TR7i TAMARAC -2- 75 �N Inc. ' w 7 rd MUNICIPAL Ah �OQ�t�O /j w 3 pU 3M COMPLEX � PREFIR SS /err% W DM w O TR69STA w. d WESTWOOD D/ 72 CT 4A 2 a 7 m 72 ST TIRE KINGDOM f PLAZA 0 ..1 SMINE AT w w w w j TAMARAC 9 ❑UDM❑N r ' L !r SQUARE CO WEST '711 PL 'In r ]Ar a a C( (U H CI` cu 70 ST 70 ST o% ST MCNAB R❑AD � ¢ LIME .IME BAY j BAY SEC. II SEC, I w DIP l T T ❑D 2 'p T P GO w w7 V1 W gwoJ\ �L"¢ Z L7 j J 0 0 p4m 0 X: m C] Q CD q J TEXACO u <W y F c) � A MCNAB ROAD w w THE GREENS w OF TAMARAC w wW❑❑wIIL " W w w w it w w w w L ATION COL, W, w CLUB\�. HOUSE 67 w w L w w w ORAL w w L ALMS w w w ❑LF W w w w W w V LLAS w w w w w Lam.-.- ...-.... SIDEWALK EASEMENT WESTWOOD BLVD. EAST SIDEWALK PROJECT EXHIBIT 1 IM E. OpbnY, P-L CITY OF TAMARAC. DROWARD COUNTY. FLORIDA SEC. S. TWP. 49. Roe. 41 1 OF 1 144 CITY OF TAMARAC SIDEWALK EASEMENT FOR: Westwood Blvd. Sidewalk Project NAME OF PROJECT This SIDEWALK EASEMENT made this day o, 2001, by The Lime Bay Condominium Association, having an address of 9070 Lime Bay Blvd., Unit 311, Tamarac, Florida 33321, (hereinafter "Grantor"), and the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88tn 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 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 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. E IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Lime Bay Condominium ATTEST: GRANTOR Associ i n By: By:� Type Name Type Name /V . '���� Corporate Secretary Ras+�at (Corporate Seal) STATE OF FLORIDA SS COUNTY OF ,&&AL)� I HEREBY CERTIFY that on this day, before me, an officer duly autho ' ed in t State aforesaid and in the County aforesaid to take acknowledgments, appeared Nancy Daley to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged beforep a and under oath that she executed same. WITNESS my hand and official seal this lNay of , zoo a'b/k� a:. V. PAULA S. PICARDI MY COMMISSION # DD651828 EXPIRES March 18, 2011 (007) 398.0153 91*dallotarVservicH com NOTARY PUBLIC, State of Florida Z , Z:P-10 (Name of Notary Public: Print, Stamp, or type as Commissioned) ( �rsonally known to me, or ( ) Produced Identification / e of I.D. Prod ed ( ) DID take an oath, or ( V611D NOT take an oath. 3 ATTEST: By: Jeffrey . Mi r Citv ana ATT`EES,T: Marion Swenson, CIVIC City- Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: .T/V �l�%� 1 Beth Flansbaum-Talabisco Mayor Date: 2 7 By. Jeffrey L. iller City Manager Date: °��01-714'q Approved as to form: 41 ALL� By. Jr �Samue S. oren, : SS 'J City Attorney COUNTY O 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 -f-a— _ to me known to be the person(s) described in and who executed the fo egoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this.:.) day of , 200 ( Personally known to me, or ( ) Produced identification NOTARY PUBLIC, tat f Florida at Large NOTARYPUBLICSTA OFFLORIDA " Patricia A. Teufel -AA' -Expires: Commission #DD684007 '..AUG. 2S, 2011 BONDED TRRU ATLANTIC BONDING CO., INC. (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 ►,I IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF MORTGAGEE By: _ N Type Name President 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 acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of , 200 ( ) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large (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. 6 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE ? I, Ve!�JVG!y, Z?A.4�-`11 do hereby affirm that I am the of i Om P/j6pcwtan and that I have executed a Sidewalk Easement with the City of Tamarac for [AM& Si DcOA,W project 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 SAYE NOT. ZeW (Si ature) This.- day'of , 2002. STATE OF FLI RIDA SS COUNTY OF HERE Y CERTIFY that on this day, before me, an Officer d authorized i the State aforesaid and in the County aforesaid to take acknowledg eat�ersonally appeared Nancy Daley to me known to be described in and who executed the foregoing instrument and she acknowledged before me and under oath that she executed tqe same. WITNESS my hand and official seal this ay of , 200 P� 1;; PAULA S. PICARDI MY COMMISSION # DD651828 NOTARY PUBLI of Florida Nft EXPIRES March 18, 2011 z (4D7) 39A-0153 Flordallotary8ervwcexom (Name of Notary Public: Print, Stamp, or type as Commissioned) ( Personally known to me, or ( )Produced Identification T p of I.D. Produi ( ) DID take an oath, or DID NOT take an oath. N1 Broward•County Property Appraiser's Network Page 1 of 1 P�PN L ! fiP MITIAISE t If you are looking to purchase this property, the tax amount shown may have no IMPORTANT: relationship to the taxes you will pay. Please use our Tax Estimator to determine a more likely estimate of your new amount. tw M P 11 WT Click here to display your 2007 Tax Bill. Site Address TAMARAC Property Owner LIME BAY CONDO INC #2 #3 #4 Mailing Address 9190 LIME BAY BLVD TAMARAC FL 33321-8605 I D # 494108 08 0020 Millage 3112 Use 00 Legal Description LIME BAY SEC 1 82-29 B PARCEL R-2 Property Assessment Values Year Land Building Land Value AG Just Value Tax Current $10 $10 2007 $10 $10 2006 $10 $10 Assessed / SOH Value Exemptions Type 120 Widow(er)'sNeteran's/Disability ZHomestead Non -Exempt $10 $10 $10 2007 Assessed / SOH Value $10 2006 Assessed / SOH Value Sales History Land Calculations Date Type Price Book Page Price Factor Type 9958 437 $37 0.27 AC Adj. Bldg. S.F. Special Assessments Fire Garbage Light Drainage Improvement Safe 31 V 1 Please Note: Assessed values shown are NOT certified value.s and rir(, subject to change before final certification for ad valorem tax purposes. http://www.bcpa.net/Reclnfo.asp?URL_Folio=494108080020 2/4/2008 Parcel Query System Page 1 of 1 Layers r Highways r Major Roads r Twn-Rng-Sec r Municipalities r City Limits r Zip Codes r CRA Boundaries County Land Use r City Zoning Codes r Subdivisions r Streets P Parcels Aerials (2007) r County Boundary SELECTED PROPERTY -FOLIO: 494108080020 2007 AERIALS © Copyright 2003 Broward County Property Appraiser 0 � 107 ft http://66.55.51.1981map.asp?cmd-SELECT&size=M&tool=SELECT&folio=49410809007O&folionum=&str... 2/4/2008 r S � SKETCH OF ' DESCRIPTION FOR SIDEWALK EASEMENT DESCRIPPON.- AN EASEMENT BEING A POR77ON OF TRACT R-2' PLAT OF LIME BA.Y.SEC770N ONE,. AS RECORDED IN PLA T BOOK 82, PAGE 29, PUBLIC RECORDS OF BRO WARD COUNTY, FLORIDA. SAID PARCEL BEING MORE PAR77CULARL Y DESCRIBED AS FOLLOWS - COMMENCING A T THE SOU77-IWE57ERL Y CORNER OF SAID TRACT. R-2 (SAID POINT ALSO BEING THE EASTERL Y RIGHT -OF -WA Y OF WESTWOOD BOULEVARD EAST); THENCE PROCEED ALONG SAID RIGHT-OF-WAY AND THE WFS7ERLY LIN£ OF SAID 77?ACT R-2, BEING THE ARC OF A CURVE" CONCAVE TO 7HE NORTH WEST TO WHICH A RADIAL BEARING IS N532104 "W, SAID CURVE HA VINO A RADIUS OF 1650. 00 FEET, A DEL TA OF 01 V454 ; AND AN ARC D/STANCE OF 31.15 FEET TO 7HE POINT OF BEGINNING, THENCE CON77NUE ALONG SAID CURVE AND 7HE WES7E'RL Y LINE OF TRACT R-2, 7HROUGH A DEL TA OF 00 73 00" AND AN ARC DISTANCE OF 6 24 FEET; THENCE DEPAR77NG SAID WESTERLY LINE PROCEED S.6628'19"E A DISTANCE OF 15.80 FEET TO A POINT ON A CIRCULAR CURVE CONCA ME TO 7HE SOU 7NEAST HA WNG A RADIUS OF 38 00 FEET AND A DEL TA OF 092758" FROM WHICH POINT A RADIAL LINE BEARS S.673744"E; THENCE ALONG THE ARC OF SAID CURIE A D/STANCE OF 6.28 FEE* THENCE PROCEED N.6628'19"W A DISTANCE OF 16.69 FEET TO 7HE POINT AND PLACE OF BEGINNING. NOTES:• 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION IS 55759'05'E ALONG THE SOUTHERLY LIMITS OF PLAT OF LIME BAY SECTION ONE, PLAT BOOK 82, PAGE 2,9 SURVEYORS MRT/RCAT/ON.- / HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY RESPONS/81 E CHARGE AND MEETS THE MIN/MUM TECHNICAL STANDARDS AS SET FORTH 9Y THE FL ORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS /N CHAPTER 61G17--6, FLORIDA STATUTES, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ROSERT SL OOMSTER ✓R. PROFESSIONAL LAND SURVEYOR NO. 4134 STATE OF FL OR1DA NOT VALID W7HOUT SHEET 2 OF 2 BLOOMSTER PROFESSIONAL LAND SURVEYORS, INC. 791 NORTHEAST DIXIE HIGHWAY JENSEN BEACH, FLORIDA 34957 PHONE 772-334-0868 SHEET 1 OF 2 SCALE: I' . 2W DAIS: 01/21/08 F.B. $KETCH JOB NO. 10273 REVISIONS SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR: CITY OF TAMARAC SITE LOCATED: WESTWOOD BOULEVARD EAST, BROWARD COUNTY, FLORIDA�ft. FA SKETCH OF DESCRIPTION FOR SIDEWALK EASEMENT � 04 i L = 6.24 D= 00 >3 00 POINT F BEGINNING ti662��,� '� CB�sr�O POINT OF COMMENCEMENT SOUTHWEST CORNER OF PARCEL »R--2» s 9�` Pt T OF LIME BA Y SECTION ONE rA�-90 PLAT BOOK 82, PAGE 29 T O6 6' AN'T� -9 41 ��Jo -9 C NOT VALID WTHOUT SHEET 2 OF 2 BLOOMSTER PROFESSIONAL LAND SURVEYORS INC. FLOM LB. 16016 791 NORTHEAST DIXIE HIGHWAY JENSEN BEACH, FLORIDA 34957 PHONE 772-334-0868