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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-147Temp. Reso. # 11113 August 21, 2007 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- 1117 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SIDEWALK EASEMENT WITH R.J AND NANCY L. CUNIO, FOR THE NW 70TH AVENUE 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 west side of NW 70th Avenue at McNab Road will connect the existing sidewalk on McNab Road to the sidewalk recently installed on NW 70th 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 70th Avenue at McNab Road to construct the required sidewalk; and Temp. Reso. # 11113 August 21, 2007 Page 2 of 3 WHEREAS, R.J. and Nancy L. Cunio as owner of the undeveloped 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 Easement" with R.J. and Nancy L. Cunio 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 R.J and Nancy L. Cunio 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. L 1 C 1 1 Temp. Reso. # 11113 August 21, 2007 Page 3 of 3 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 ay of , 2007. ATTEST: bc, _1'(. MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. l SAMUEL S. GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO� DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRA DIST 3: V/M SULTANOF Lflari DIST 4: COMM. DRESSLER� Exhibit 1 CITY OF TAMARAC SIDEWALK EASEMENT FOR: NW 70th Avenue, North of McNab Road TR#11113 This CITY OF TAMARAC SIDEWALK EASEMENT made this day of 200_, by R. J. and Nancy L. Cunio, having an address of 3450 Red Cloud Trail, Saint Augustine, Florida 32086-5000, (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: E 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. K IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Witness Type Name C Witness Type Name rZ STATE OF FLORIDA SS COUNTY OF (GRANTOR) Type Name/Title''<-- r[ I Type Name/Title itr I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of resaid and in the County aforesaid to take acknowledgments, personally appeared F. 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 , �NM r h wry Ruc . *a* aFkdft _g �R�Om span. 0 DD 272M OKI � � ( ) Personally known to me, or ( ) Produced Identification y ` 1 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. 3 ATTEST: Jeffrey L. Miller City Manager ATTEST 1 By - Marion Swenson, CIVIC City -Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By:AW)r&&W-- 4LO Beth Flansbaum-Talabisco Mayor EKte: efL11 k Jeffrey L. iIIer City Manager Date: /! C Approved s to form: /,,,Samuel Goren, City Attorney COUNTY OF 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 ,GeM r-aj&M-T&Ac3A�M 4- �c �. -,&,j #o me known to be the person(s) described in and who executed the foregoinging instrument andacknowledged before me and under oath that executed the same. SS WITNESS my hand and official seal this day of , 2QQ2 ( ersonally known to me, or ( ) Produced identification � G NOTARY PUBLIC, Stateof Florida at Large NOTARY PUBLIC -STATE OF FLORIDA Patricia L Teufel i Commission # DD684007 =�;+�..••"Expires: AUG. 25, 2011 BGNDM THRU ATLANTIC BONDING CO.. INC (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( 415-ID take an oath, or ( ) DID NOT take an oath 4 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE do hereby affirm that I am the of %z r- r % ' " wr . _ �. ,; �ci and that I have executed a Sidewalk Easement with the City of Tamarac 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. �1r=1I1Eel 09we] N1•L1 SS COUNTY OF FURTHER AFFIANT SAYETH NOT. (Signature) This/ % day of F'�:��f .�; 1 200_1. 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 BARBAftA SALIE J Nofary PubIC - Sbls of Fb�i ��»),Mycannireneprwrbta�arl cammawn # oc 2��ara Bores By N0N*rKI NdwAwL ( ) Personally known to me, or NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. l.1 Broward County Property Appraiser's Network Page 1 of 1 ijgrr a ' ��gg pA'��!'�Iy�"�'E qR T "1�fy IMPORTANT: If you are looking to purchase this property, the tax amount shown may have no relatiorlship to the taxes you will pay, Please use our Tax Estimator to determino a more; likely estimate of your new amount. III ! IUW I!!I fuU, !I I! , • !!U IU I@� ,, � IIWIIfIII II IIIII 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 ID # 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 30 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.bepa.net/Reclnfo.asp?URL.__Folio=494103020240 11/29/2006 Parcel Query System Page 1 of 1 Or Layers lV Highways (%_0 Major Roads f— Twn-Rng-Sec l o Municipalities r City Limits F CRA Boundaries j City Zoning Codes. W Streets TV Parcels {J Aerials (2006) Aerials (2005) j Aerials (2004) Aerials (2003) r Aerials (2002) Aerials (2001) Aerials (2000) Aerials (1999) Aerials (1998) lv County Boundary SELECTED PROPERTY -FOLIO: 494103020240 © Copyright 2003 Broward County Property Appraiser http://66.55.51.198/map.asp?cmd=REFRESH&size=M&tool=ZOOMOU f&folio=49410... 11/29/2006 ThE LLJ Z rrr . z 6y La u lm SIB[ j76 ST ZA Temp Reso# f It 13 CITY OF TAMARAC Scale: N. T. S PUBLIC WORIM DRPAWrX9M KNGRiMNDIVISIONWG DIVISION (0. SHEET 1 OF 1 SIDEWALK EASEMENT TR#1 1113 > 10 > c) In Li -- 78 ST 78 ST 78 ST 78 ST 78ST r7/ 77 ST ST p R D Z' > w Li 76 PL WEST> WOO 17 > > < > > 00 00 %D I'D CO w cu w 76 DR cn3 cu - 76 CT cu N 76 DR 7 CT 76 CT 76 ST F & D 76 ST 76 ST 75 DR cv) > > > MAIN ANDS 16 ¢ > 'o < 75 ST tj� 75 CT OR TH 6 75 CT < M GRFENBRIA 0Y w %0 > w > < > 75 ST CD cm cu 74 PL n n 74 PL Zo� E - =/7 / - =7 PICCADILLY 73 ST 73 ST 2 ST 72 ST 72 ST Q 72 ST 7 > > 0 <1 71 ST ^ � co 71 CT WOOI)MONT cy) cu SQUARE 41� r- n 70 CT 71 ST JTIC "X. MA t-ANDS 14 w 70 ST BR KW D RCREST 14 70 CT DEN � BANK 70 ST N. 'AM E R. UNITED > Ld METHODIST < LUL' ALBERTSON 1, z J W LLJ zo R m IONS -CARISSA SHELL 0 0 LAKE Ne 'Rz E3 �v cy 0�z< ow < z r- > E3 z :E 3 > 69 CT > < NK (69ST.) COLONY pq < z I. w COVE r, -1--tz- GW BANK TEXACI TAMARAO PLAZA BROOKWOOD CASABLANCA CENTER 1 NANDINA LN APLAZA > SITE LOCATION OODLANDS 2 MARLBERRY LN UNIVERSITY -J m COMMONS 68 ST r. - �-0 r.\N % A SCHOOL A 3 A LANTANA LN CT nTMONS D-iff. BF mmr. agow. 0~6 SON& I my SIDEWALK EASEMENT S.F.F. adiv "/w NW 70TH AVENUE & MCNAB ROAD EXHIBIT A CITY OF TAMARAC, FROWARD COUNTY. FLORIDA MIN L Miltiff, F.-L SEC. 3. r*P. 42. ROE. 41 rL Nm 1%5w 3 OF 3 v I IExhibit B TR*�11113 LEGAL DESCRIPTION FOR 5' SIDEWALK EASEMENT NOTES A SIDEWALK EASEMENT BEING A PORT/ON OF LOT 9, BLOCK V, MCNAB COMMERCIAL SUBDIVISION NO. 1, AS RECORDED /N PLAT BOOK 71, PAGE 13, PUBLIC RECORDS OF BROWARD COUNTY, FLOR/DA. BEING MORE PART/CULARL Y DESCRIBED AS FOLLOWS.• THE EAST 5 FEET OF SAID L OT 9, BL OCK V, L Y/NG EASTERL Y OF THE FOLL OWING DESC/BED L/NC; COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE RUN S. 89 02'49 'E ALONG THE SOUTH LINE OF SAID LOT 9 A DISTANCE OF 128.03 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHWEST, HAVING FOR /TS ELEMENTS A RAD/US OF 20.00 FEET, AND A CENTRAL ANGLE OF 90700100; THENCE PROCEED NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 31.42 FEET TO A POINT OF TANGENCY, SAID POINT BEING ON A LINE 5 FEET WEST OF AND PARALLEL TO THE EAST L/NE OF SAID L OT 9; THENCE PROCEED N. 00 57'11 'EAST AL ONG SAID PARALLEL L/NE FOR A DISTANCE OF 230.00 FEET TO THE NORTH L/NE OF SAID L OT 9, AND THE POINT OF TERM/NUS. SAID LANDS LYING AND BEING IN SROWARD COUNTY, FL ORIDA. NOTES.- 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCR/PT/ON /S N. 00'57 "11 'E AL ONG THE WEST RIGHT OF WAY OF N. W. 70th AVENUE. 3. THE /NFORMAT/ON WAS PROVIDED SY CLIENT SURVEYORS CERTIFICATION: / HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCR/PT/ON" WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MIN/MUM TECHN/CAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESS/ONAL LAND SURVEYORS AND MAPPERS /N CHAPTER 61 G 17--6, FLORIDA STATUTES, AND THAT /T IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A F ORIDA LICENSED SURVEYOR AND MAPPER JOSEPH O'CONNOR PROFESSIONAL LAND SURVEYOR NOSTATE OF FL OR/DA NOT VALID WITHOUT SHEET 2 OF 2 DAVID BLOOMSTER INC. PROFESSIONAL LAND SURVEYORS LB #7493 3971 COCOPLUM CIRCLE COCONUT CREEK, FLORIDA 33063 PHONE 954-775-6054 SHEET 1 OF 1 DRAWN BY: KIRK SCALE: 1- - 30' DATE: 11/21/06 F.B. SKETCH JOB N0. - REVISIONS LOT 9, BLOCK V McNA BB & N. W. 70 th A VENUE BROWARD COUNTY, FLORIDA J Fr m SKETCH OF DESCRIPTION FOR 5' SIDEWALK EASEMENT TRACT Y N89 0,?'4.9 "W LOT 10 BLOCK V 589 02'49 "E 128. 01 MONAB ROAD (106' R/GH T- OF- WA Y) SCALE 1 '- JO' j O W ;n Z � NOT VALID WITHOUT SHEET 7 OF 2 DAVID BLOOMSTER INC. PROFESSIONAL LAND SURVEYORS LB #7493 3971 COCOPLUM CIRCLE COCONUT CREEK, FLORIDA 33063 PHONE 954-775-6054