HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-081Temp. Reso. #11215
Page 1 of 3
May 23, 2007
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007-�I—
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
CONVEYANCE OF RIGHT-OF-WAY AGREEMENT WITH
FIRST EASTSIDE SAVINGS BANK, FOR THE FIRST
EASTSIDE SAVINGS BANK, LOCATED AT 9399 WEST
COMMERCIAL BLVD.; AUTHORIZING AND 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.
WHEREAS, 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 Commercial Blvd.,
to construct the required Turn Lane Improvements forthe First Eastside Savings Bank; and
WHEREAS, First Eastside Savings Bank, as owner of the First Eastside Savings
Bank has offered this Right -of -Way Agreement, attached as Exhibit "A", herein; and
WHEREAS, it is the recommendation of the Director of Public Works and the City
Engineer that this Right -of -Way Agreement be accepted, executed and recorded; and
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Temp. Reso. #11215
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May 23, 2007
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 Right -of -Way Agreement with
First Eastside Savings Bank for the First Eastside Savings Bank located at 9399 West
Commercial Blvd as required for the construction of Turn Lane Improvements.
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, and
execute this Right -of -Way Agreement with First Eastside Savings Bank for the First
Eastside Savings Bank located at 9399 West Commercial Blvd., 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 part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
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Temp. Reso. #11216
Page 3 of 3
May 23, 2007
Section 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this day of JU le , 2007.
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ATTEST:
[-uC RECORD OF COMMISSION VOTE:
.MARION SWEN ON, CMC MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
f✓ AMUEL OREN
CITY ATTORNEY
1
Job No.11215
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°"°"°" aw s'" ft°" 44uvt' EXHIBIT 1
Ddiv CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
APPr0Lvd gw BMW JoHH F. oaionr, r.E SEC. S, TWP. 49, RGE. 41
n. Ho.
TR 11215
EXHIBIT A
ITY OF TAMARAC RIGHT-OF-WAY
FOR: FIRST EASTSIDE SAVINGS BANK
NAME OF PROJECT
This conveyance of RIGHT-OF-WAY made this &day of dine ,
200], by First Eastside Savings Bank, having an address of
9399 W. Commercial Blvd, Tamarac, FL 33351, (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 convey unto Grantee said real properties for use
as public right-of-way.
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 . Grantor hereby grants and conveys to Grantee, its successors and
assigns, the servient estate for use as public right-of-way.
1
2. The provisions of this conveyance of public right-of-way shall be binding
on the parties hereto and the respective successors and assigns as a covenant running
with and binding upon the servient estate.
3. This public right-of-way shall not be released or altered without consent of
the Grantee.
K
I
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
ATTEST:
By;
r
Type Name Mildred P. Raddatz
Corporate Secretary
(Curpea;-ate Seal)
STATE. OF RaMIDA ILLINOIS
SS
COUNTY OF COOK
GRANTOR First astside
Savings Bank
By:
Type Name
President Diane Raddatz
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 Dianne Raddatz to me known to be the person(s)
described in and who executed the foregoing instrument and she acknowledged
before me and under oath that she executed the same.
WITNESS my hand and official seal this 7th day of May
200 7 .
' F1CtAL I�AL"
Pan ela J, Citta
Notary PuNic, State of Illinois
My Commis iarR Fxp. 04/01/201Q
( xx) Personally known to me, or
( ) Produced Identification
NOTARY PUBLrq, State O&KM# ILLINOIS
at Large
Pamela J. Citta 4-1--10
(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
13
ATTEST: /,
By: ► r
Marion Swenson, CIVIC
City Clerk
ACCEPTED BY CITY OF TAMARAC
GRANTEE
B y: j � � W gw&o W--�e
Beth •. .• •
Mayor
Date: I Lil 0 1,
By: �. �~►
5FJeffrey L. Mi er
City Mana er
Date: I.
Approve s for
By:
STATE OF FLORIDA P✓Sam el . Gor n
SS City ttorney
COUNTY OF r
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the Count afore a'd to take acknowledgments, personally appeared
BethFhaLlr�b,co tl� me known to be the person(s) described in and
who executed the foregoing i strument and _ acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this day of Lne— ,
200:�_.
( Personally known to me, or
( ) Produced identification
INO ARY PUBLIC, Stat of Flonda
at L rge
Msnon v.r^-
C,OI�
p 6,omsOMW24.2W
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
/ Type of I.D. Produced
DID take an oath, or J DID NOT take an oath
4
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I, 6 1 AVur. -->- do hereby affirm that I am the Preslde6l '4- ro
of T Sic e Avi ,q/, L- and that I have executed a RIGHT-OF-
WAY Easement with the City of famarac for First Eastside savings Bank
project and that I am the owner of the property covered by said Right -Of -Way
Easement.
There are no mortgages held on the property, which is the subject of said Right -
Of -Way Easement.
FURTHER AFFI T SAYETH NOT.
(Signature
This day of 200_
STATE OF)MORIGA ILLINOIS
: SS
COUNTY OF COOK
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 Diane Raddatz to me known to be the person(s)
described in and who executed the foregoing instrument and she acknowledged
before me and under oath that she executed the same.
WITNESS my hand and official seal this 7 day of May
2007 .
1 Ron
ALA
Pamela it Citta
M cois
NotommissiouNic, St
n eke 00tstate of //2010
(XXXPersonally known to me, or
( ) Produced Identification
NOTARY PUBIC, State of Florida
at Large
Pamela J. Citta 4
(Name of Notary Public:
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
-1-LU
Print, Stamp,
on
}'M
Exhibit "A"
SURVEYOR'S !VOTES
1. THE UNDERSIGNED SURVEYOR HA.`)' NOT BEEN PROVIDED A CURRENT TITLE OPINION
OR ABSTRACT OF MATTERS AFFECTING TITLE OR BOUNDARY TO THE SUBJECT PROPERTY IT
IS POSSIBLE
THAT THERE ARE DEEDS OF RECORD, UNRECORDED DEEDS, EASEMENTS, OR OTHER
INSTRUMENTS WHICH COULD AFFECT THE SUBJECT PROPERTY.
2. MEASUREMENTS SHOWN HEREON ARE EXPRESSED IN FEET AND DECIMAL PARTS
THEREOF.
3. BLINOW & ROSSI, INC. RESERVES THE RIGHT TO UTILIZE ANY AND ALL INFORMATION
OBTAINED IN THE PREPARATION OF THIS SURVEY FOR ANY OTHER PURPOSES.
4. SOURCE OF INFORMATION USED IN THE PREPARATION OF THIS SURVEY ARE AS
FOLL 0WS:
A) PLAT OF LYONS COMMERCIAL SUBDIVISION No. 2, RECORDED IN PLAT BOOK 69,
PAGE 43, BROWARD COUNTY RECORDS.
5. THIS DRAWING MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE
PERMIS510N OF BLINOW & ROSSI, INC.
6, THIS DRAWING IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER,
7. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER SCALED MEASUREMENTS.
8. THIS SKETCH DOES NOT REFLECT OR DETERMINE OWNERSHIP OF THE SUBJECT
PROPER I'Y OR IT'S ADJOINERS.
9. BLINOW & ROSSI, INC., IS AUTHORIZED TO PROVIDE SURVEYING AND MAPPING
SERVICES BY THE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, LICENSE NO. LB7236, PURSUANT TO THE PROVISIONS OF CHAPTER 472
--FLORIDA STATUTES.
10, SEE SHEET 3 OF 3 FOR SKETCH OF DESCRIPTION ATTACHED HERETO AND MADE A
PART THEREOF ,
SURWMPS CER77FICA1101V
I HEREBY CERTIFY THAT THE ABOVE MENTIONED SKETCH OF LEGAL DESCRIPTION, AND THE'
LEGAL DESCRIPTION ON WHICH IT IS BASED, IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF, AS PREPARED UNDER MY DIRECTION AND SUPERVISION. I
FURTHER CERTIFY THAT THIS SKETCH OF LEGAL DESCRIPTION MEETS THE APPLICABLE
REQUIREMENTS OF THE MINIMUM TECHNICAL. STANDARDS FOR LAND SURVEYS IN THE STATE
OF FLORIDA (CHAPTER 61017-6 FLORIDA ADMINISTRATIVE CODE) PURSUANT TO SECTION
472.027, FLORIDA STATUTES.
BLINOW & ROSSI, INC.
411712007
_� _ ____ __---------_..---- _ -�-
NICHOLAS W. BLINOW, P.S.M,J���T---_^—�-- � DATE
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA REGISTRATION NO. 5989
REVISIONS: DATE:
TITLE: SKETCH OF DESCRIPTION: RIGHT OF —WA AT70N
PROJECT: FIRST fASTSIDE SANNGS BANK _.._...
SHEET
Blinow & Rossi, Inc. APPROV
ED
•-- NUMBER
Land Surveying. Mapping and Consultant Services APPROVEDD BY: _. W.B.
DATE: 4/17/2007
950 PENINSULA CORPORATE CIRCLE, SUITE 1011 SCALE: NA 1 OF 3
Boca Raton, Florida 33487 DRAWING NO,:
Telephone No. (561) 477-9633 2003-029ADDROW
.r I c c rs air ,:.>r
LEGAL DESMPnaV
A PORTION OF LOT 10, BLOCK 10, LYONS COMMERCIAL SUBDIVISION UNIT NO. 2,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGE 43,
OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 10, BLOCK 10; THENCE
ALONG THE EAST LINE OF SAID LOT 10, NORTH 00023'58 WEST, 7.00 FEET TO THE
POINT OF BEGINNING; THENCE ALONG A LINE BEING 7.00 FEET NORTH OF AND
PARALLEL WITH THE SOUTH LINE OF SAID LOT 10, SOUTH 89°36'02" WEST, 201.10
FEET; THENCE NORTH 45°55'13" WEST, 12,67 FEET TO A LINE BEING 15.88 FEET
NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 10; THENCE
ALONG SAID LINE SOUTH 89°36'02" WEST, 210.14 FEET TO THE EAST LINE OF SAID
LOT 10; THENCE ALONG SAID LINE, SOUTH 00°23'58" EAST, 8.88 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1,825 SQUARE FEET OF LAND, MORE OR LESS.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD
COUNTY, FLORIDA.
LOCUS MAP
N. T. $. N
W E
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a SI TE
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p COMMERCIAL. BLVD.
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REVISIONS: DATE:
TITLE: SKETCH OF DESCRIPTION: RIGHT -OF ---WAY DEDICATION -
-- ... ---
PROJECT: FIRST EASTSIDE SAVINGS BANK
SHEET
Blinow & Rossi, Inc. DRAWN BY: UMBER
Land Surveying, Dapping and Consultant Services APPROVED 9Y: N.W.B.
DATE: 4 17/2007
950 PENINSULA CORPORATE CIRCLE, SUITE 1011 SCALE: NA 2 OF 3
Boca Raton, Florida 33487 DRAWING NO.:
Telephone No. (561) 477-9633 2003_029ADDROW
w .tins
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POii
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LDS 10, BLOCK 10
P. B. 69, PG, 43
N. W. 94 th AVENUE
(106' R/W -P.B. 69, PC. 43 -BCR)
243.00' N Ol '26'29 " W
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m Lf' LOT 10, BLOCK 10
LYONS COMMERCIAL. -SUBDIVISION UNIT NO. 2
PLAT BOOK 69, PAGE 43 —BCR
1,825 SQUARE FEET)
ABBREVIATION LEGEND:
BCR ....
BROWARD COUNTY RECORDS
O.R.B. .
OFFICIAL RECORDS BOOK
POB ....
POINT OF BEGINNING
POC ....
POINT OF COMMENCEMENT
R/W ....
RIGHT OF WAY
S 0023"58" E 284.08'
VPOB
ADDITIONAL R/W
REVISIONS: DATE:
TITLE; SKETCH OF DESCRIPTION: RIGHT -Of -WAY DEDICATION -
PROJECT: FIRST EASTSIDE SA ✓INGS BANK --
Blinow & ROSSI, Inc. DRAWN BY: NB SHEET
Land Surveying, Mapping and Consultant SeMces APPROVED BY: N.W.B. NUMBER
DATE: 4 17 2007
950 PENINSULA CORPORATE CIRCLE, SUITE 1011 SCALE: 1"-30' 3 OF 3
Boca Raton, Florida 33487 DRAWING NO.:
Telephone No. (561) 477-9633 2003-029ADDROW
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