Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-008Temp. Reso. # 11114 November 30, 2006 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SIDEWALK EASEMENT WITH THE S.E. DISTRICT FLORIDA ANNUAL CONFERENCE UNITED METHODIST CHURCH, INCORPORATED, FOR THE 70" AVENUE SIDEWALK PROJECT, LOCATED NORTH OF MCNAB ROAD ALONG NW 70TH AVENUE, AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID EASEMENT 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 northwest corner of NW 70"' Avenue at McNab Road will connect the existing sidewalk on McNab Road to the sidewalk recently installed on NW 70t�' Avenue as a part of the traffic calming project; and WHEREAS, the 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; and WHEREAS, there is not sufficient room within the right -of way of NW 70"' Avenue at McNab Road to construct the required sidewalk; and Temp. Reso. # 11114 November 30, 2006 Page 2 of 3 WHEREAS, The S.E. District Florida Annual Conference United Methodist Church, Incorporated, as owner of the 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 and the City Engineer 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 Easement" with the S.E. District Florida Annual Conference United Methodist Church, Incorporated, as required for the construction of a 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 the S.E. District Florida Annual Conference United Methodist Church, Incorporated, 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. 1 1 1 Temp. Reso. # 11114 November 30, 2006 Page 3 of 3 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /V/4ay of 2007. BETH FLANSBAUM TALABISCO MAYOR ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. Y'- SAMUEL S. GOREN v CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO C�� DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRA DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER Exhibit 1 Reso#11114 CITY OF TAMARAC SIDEWALK EASEM FOR: NW 70th Avenue, North of McNab Road NAME OF PROJECT This CITY OF TAMARAC SIDEWALK EASEMENT made this 1'1 day of Feb, , 2007, by SE District Florida Annual Conference United Methodist Church, having an address of 2850 SW 27th Avenue, Miami, Florida 33133, (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 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, more particularly described in Exhibit "B" attached hereto, 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. l- V� Witnes Type Name O(AVtD Witness Type Name STATE OF FLORIDA : SS COUNTY 0Fi4r�tt SE District Florida G Annual Conference 'ted Methodist Church Type Name/Title -A e ;Ytfl- ow4er c Type Name/Title 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 appearedto me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that nC executed the same.._. 200_1 WITNESS my hand and official seal this day of.��►' ( Personally known to me, or ( ) Produced Identification Ail - NOTARY PUBLIC, State of Florida KIM D LEAVI Notary Public - Stcne Stamp, Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 3 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: Type Name NGP-A Corporate Secretary (Corporate Seal) STATE OF FLORIDA SE District Florida GRANTOR Annual Conference United, th 'st Church By: "r) 11A D� Type Name t rlrrc (AS I�Y,A r-j President SS COUNTY OF 01 i0l t! A(-v 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 �'Tct't.u.:�� ��t"liG►1 to me. known to be the person(s) described in and who executed the foregoing instrument and h( acknowledged before me and under oath that k C executed the same. WITNESS my hand and official seal this day of jc 200 � ( ) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath. 3 ATTEST: rVyC' IVIC11 ATTEST: `i- y: Jr ----- Marion. Swenson, CIVIC City Clerk STATE OF FLORIDA SS ACCEPTED BY CITY OF TAMARAC GRANTEE Beth Flansbaum-Talabisco Mayor Date: wy. Jeffrey L. i er City Manager Date: �, I C) Approved as to form: 4y: amuel S. Goren, COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County of respid to take acknowledgments, personally appeared Meth Flan hcvmT 1c+h�sce- ' AeMto 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 17-., ram" 200_� . ✓(Personally known to me, or ) Produced identification _N 0"�� jj U-40-� NO ARY PUBLIC, St to of Florida at L rge .,,� Marion Serphw My Comm"m DD200M �-' r�) Expires October 24, 2007 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( YKID NOT take an oath M AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE �NO/ V�� do hereby affirm that I am the OwN��'s tuu — of 9 P'IN LLIM-1 and that I have executed a Sidevvalk Easement with the City of Tamar ' for -,;, 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. F T R A FIANT SAYETH NOT. (Signature) This Z day of 200_7_. STATE OF FLORIDA SS COUNTY OF . I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid an c in the County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed t e foregoing instrument and ke- acknowledged before me and under oath that executeA the same. ITNESS my hand and official seal this day of` - -;'"9L. 200 ( Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida Publfc - Skft of Stamp, Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 5 Broward County Property Appraiser's Network Page 1 of 1 ,I" IMPORTANT: ;f yc e ;,wrr ;1c n chase Inns orocem, .Ile tax a,rr(W )t--hOWr, ; 3a'I i , _;atr oruh;r) to the taxi.., yo!" vvi pay, i=lgstc :Ase our Tax Estimator fo 3. m !,ke;i'y` esrif taiW of .Ir r 31,1.10.all. l y4W'fi r�i 8o5�W Gi `"I{I&urrdt Li4r,`Srr 1Gi 8Y48Yiiifu4 L Click here to display your 2006 Tax Bill, Site Address 6901 NW 70 AVE, TAMARAC Property Owner SE DISTRICT FL ANNUAL CONFERENCE UNITED METHODIST CHURCH INC Mailing Address 2850 SW 27 AVE MIAMI FL 33133 I D # 4941 03 02 0240 Millage 3122 Use 71 Legal Description MC NAB COMMERCIAL SUB NO 1 71-13 B TRACT X Property Assessment Values Year Land Building Land Value AG Total Tax Current $984,900 $171,500 $1,156,400 2006 $984,900 $171,500 $1,156,400 2005 $515,900 $171,500 $687,400 Save Our Home Value Exemptions Type 130 Widow(er)'s/Veteran's/Disability Homestead Non -Exempt $1,156,400 Sales History Land Calculations Date Type Price Book Page Price Factor Type 5/31/2005 WD $100 39823 437 $210,000 4.69 AC 4/1/1971 W $85,700 6145 161 Adj. Bldg. S.F. Special Assessments Fire Garbage Light Drainage Improvement Safe 31 Y 1 Please Note: Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes. http://www.bcpa.net/Reclnfo.asp?URL_Folio=494103020240 I 1 /29/2006 Parcel Query System Page 1 of 1 Layers W Highways W Major Roads f— Twn-Rng-Sec W Municipalities j� City Limits CRA Boundaries {� City Zoning Codes Streets Parcels 17 Aerials (2006) Aerials (2005) Aerials (2004) Aerials (2003) Aerials (2002) (� Aerials (2001) Aerials (2000) Aerials (1999) Aerials (1998) 1 County Boundary SELECTED PROPERTY -FOLIO: 494103020240 © Copyright 2003 Broward County Property Appraiser http://66.5 5.51.198/map. asp?cmd=REFRESH&size=M&tool=ZOOMOUT&folio=49410... 11 /29/2006 •... EXKIBIT B City of Tamarac Sidewalk Easement LEGAL DESCRIPTION FOR 5' SIDEWALK EASEMENT NOTES.• A SIDEWALK EASEMENT BEING A PORT/ON OF TRACT X, BLOCK V, McNAS COMMERC/AL SUBDIVISION NO. 1, AS RECORDED IN PLAT BOOK 71, PAGE 13, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.• THE EAST 5 FEET OF THE SOUTH 94.50 FEET OF SAID TRACT X, BLOCK V. SAID LANDS L Y/NG AND BEING /N BROWARD COUNTY, FL OR/DA. NOTES: 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEAR/NG BASE OF THIS SKETCH OF LEGAL DESCRIPTION /S N. 00 57'11 'E AL ONG THE WEST RIGHT OF WA Y OF N. W. 70th A VENUE. 3. THE INFORMATION WAS PROVIDED BY CL/ENT SURVEYORS CERT/F/CAT/ON.• I HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MIN/MUM TECHNICAL STANDARDS AS SET FORTH BY THE FL OR/DA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 61 G 17— 6, FLORIDA STATUTES, AND THAT IT /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF FLORIDA LICENSED SURVEYOR AND MAPPER. ✓OSEPH O'G_ONNOR PROFESSIO/IAL LAND SURVEYOR NO. _`{'� L STATE OF FLORIDA SKETCH OF DESCRIPTION FOR 5' SIDEWALK EASEMENT S89002'49"E inn nn'