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Home My WebLink AboutCity of Tamarac Resolution R-2006-129Temp Reso #11005 June 26, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006--Lalt A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A VACATION OF EASEMENT OF A PORTION OF THE EXISTING WATER AND SEWER EASEMENTS LOCATED IN THE NORTHEAST CORNER OF TRACT "A" OF THE "TAMARAC MARKET PLACE" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 118, PAGE 20 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO.3-P- 06); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Easement described in Exhibit "1" was dedicated to the public on September 14, 1983 at the time of the recordation of the Plat; and WHEREAS, the properly owner, Tamarac Outparcel, LLC, has determined that the vacation of the existing water and sewer easements located in the northeast comer of Tract "A" of the "Tamarac Market Place" Plat (as depicted in Attachments "A" and "B") are no longer necessary due to the new water and sewer line configuration established for the recently constructed CVS Pharmacy at the Tamarac Market Place located at 10004 and 10010 West McNab Road; and WHEREAS, the City Engineer and franchised Utility Companies have been contacted and all have stated no objection to the vacation of the existing water and sewer 1beasements to facilitate any future improvements; and WHEREAS, the Director of Community Development recommends approval; and Temp Reso #11005 June 26, 2006 Page 2 vi WHEREAS, the Planning Board recommended approval on June 21, 2006; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to grant a Vacation of Easement of a portion of the existing water and sewer easements located in the northeast corner of Tract "A" of the "Tamarac Market Place" Plat, according to the Plat thereof as recorded in Plat Book 118, Page 20 of the Public Records of Broward County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: That the Vacation of Easement of a portion of the existing water and sewer easements located in the northeast corner of Tract "A" of the "Tamarac Market Place" Plat, according to the Plat thereof as recorded in Plat Book 118, Page 20 of the Public Records of Broward County, Florida, is hereby granted. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 in application, it shall not affect the validity of the remaining portions or applications of this Resolution. 41 _1 IP Ll SECTION 5: adoption. Temp Reso #11005 June 26, 2006 Page 3 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 12+ % day of J V I1 , 2006. Zia BETH F NSBAUM-TALABISCO MAYOR ATTEST: RECORD OF COMMISSION VOTE: -111IO1-WETIS N, CMC MAYOR FLANSBAUM-TALABISCO CITY- CLERK DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD_ DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1r 0 AMUEL S. EN CITY ATT NEY Temp Reso #11005 EXHIBIT 991" Legal Description A portion of Tract "A" of the "Tamarac Market Place" Plat, according to the Plat thereof as recorded in Plat Book 118, Page 20 of the Public Records of Broward County, Florida. TEMP RESO #11005 SKETCH AND LECIAL DESCRIPTION BY PULIC.E LAND SURVEYORS, INC. SM NOB HILL ROAD SUNRISE, FLORIDA 3=1 TELEPHONt: (954) 572--1777 • FAX: (954) 572-1775 E-MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION #L83870 LEGAL DESCRIPTION: WATER ]EASEMENT TO BE CLOSED A PORTION OF THE WATER EASEMENT DEPICTED ON THE PLAT OF "TAMARAC MARKET PLACE" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 118, PAGE 20 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING A PORTION OF TRACT "A" OF SAID PLAT AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHERLY NORTHEAST CORNER OF SAID TRACT "A"; THENCE SOUTH 89'33'15" WEST ON THE NORTH LINE OF SAID TRACT "A" 178.20 FEET; THENCE SOUTH 00'26'45" EAST 85.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00'26'45" EAST '108.00 FEET; THENCE SOUTH 89'33'15" WEST 15.00 FEET; THENCE NORTH 00'26'45" WEST 108.00 FEET; THENCE NORTH 89'33'15" EAST 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,620 SQUARE FEET, 0,0372 ACRES, NOTES: 1) BEARINGS ARE BASED ON THE NORTH LINE OF TRACT "A" BEING S89'33'15"W. 2 THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3 THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 4) O.R.B. DENOTES: OFFICIAL RECORDS BOOK. - — NORTH LINE SECTION 7-49-41 NORTHEAST CORNER�/ McNAB ROAD SECTION 7--49--41 POINT OF o COMMENCEMENT IS' FPL T MOST NORTHERLY v PLAT BOOK 20 �1118,PAGE S89'33'15"W 178-20' N.E. CORNER TRACT 'A" — — -_ -� '--NORTH LINE TRACT "A" I _ _ _ _ — — 15' SANITARY SEWER EASEMENT 500'26'45" E BOOK 118, PAGE 20 85.11'� —w"""_._ I 60,00' =PLAT ---- —i — — ___. � -- 1 I N89'315.00, I _ — — — all POINT H 4 e 15.DO' OF I i wQ ) BEGINNING O °' n $ o a z � l WATER EASEMENT J z TO BE CLOSED 3 w w 1,620 SQUARE FEET n 0.0372 ACRES < Ln * �Qj 12' FPL EASEMENT I I- � + 'p T W I N N O.R.B, 12419, PAGE 646 LI # �` r 55 m y ~ 15' WATER EASEMENT $ d �^ --- wc�� O -. 7I _ PLAT BOOK 118, PACE 20 _ _ _ _ z Z15 WATER EASEMENT—Sd9'33'15� — _, wa 00 TRACT "A' 'TAMARAC MARKET PLACE'L s N PLAT BOOK 118, PAGE 20 1 I I I a0c ai (� LE: CEDARWOOD DEVELOPMENT :ALE: 1"-100' :91DER NO.: 46886E NTE= 01/20/05 TER EASEMENT TO BE CLOSED MARAC, BROWARD COUNTY, FLORIDA )R: CVS PHARMACY SITE x�- .................................. John F. Pulice, Reg. !and Surveyor #2691 Beth Burns, Reg. Land Surveyor #6136 State of Florida Attachment "B" TEMP RESO #11005 SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 53M NOS HILL ROAD �,.�i SUNRISE, FLORIDA 3=1 TELEPHONE: (954) 5-72-1777 • FAX: (954) 572--1778 E—MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION #L83870 v LEGAL DESCRIPTION: SEWER EASEMENT TO BE CLOSED A PORTION OF THE SEWER EASEMENT DEPICTED ON THE PLAT OF "TAMARAC MARKET PLACE" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 118, PAGE 20 OF THE PUBLIC REDORDS OF BROWARD COUNTY, FLORIDA, BEING A PORTION OF TRACT "A" OF SAID PLAT AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHERLY NORTHEAST CORNER OF SAID TRACT "A"; THENCE SOUTH 89`33'15" WEST ON THE NORTH LINE OF SAID TRACT "A" 17.97 FEET; THENCE SOUTH 00'26'45" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 03'31'37" EAST 18.33 FEET; THENCE 89'33'15" WEST 15.02 FEET; THENCE NORTH 03'31'37" WEST 3.31 FEET; THENCE SOUTH 89'33'15" WEST 276.23 FEET; THENCE NORTH 00'32'09" WEST 15.00 FEET; THENCE NORTH 89'33'15" EAST 290,47 FEET TO THE POINT OF BEGINNING. CONTAINING 4,413 SQUARE FEET, 0.1013 ACRES. NOTES: 1.) BEARINGS ARE BASED ON THE NORTH LINE OF TRACT "A" BEING S89'33'15"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3 THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) O.R.B. DENOTES: OFFICIAL RECORDS BOOK. µ _ - NORTH LINE SECTION 7-49-41 McNAB ROAD NORTHEAST CORNER POD OF SECTION 7--49-=41 COMMENCEMENT N I MOST NORTHERLY 15' FPL EASEMENT r LN89'33'15"E N.E. CORNER PLAT BOOK 118. PAGE 20 97' TRACT 'A' wr,a.. 1 y 15' SANITARY SEWER EASEMENT PLAT BOOK 118, PAGE 20 N00'32'09" W, 15.00' LINE TRACT 'A" 500'26'45" E_ S03'31'37"E 1&33' N89'33'15"E 290.47' SEWER EASEMEN� I I To BE CLOSED 4,413 SQUARE FEET 0.1013 ACRES 15' WATER EASEMENT i PLAT BOOK 118. PAGE 201 15' WATER EASEMENT PLAT BOOK 118, PACE 20 �_ .� .�,... TRACT 'A 'TAMARAC MARKET PLACE' - PLAT BOOK 118, PAGE 20 1LE: CEDARWOOD DEVELOPMENT CALE. V-100' )RDER NO.: 46886A ' PATE- 01/20/05 , EWER EASEMENT TO BE CLOSED 1 276.23 ' Z NO3"31'37"W 3.31'� S89-33'15'W 15.02' 12' FPL EASEMENT I I na I } O.R.B. 12419, PAGE 646 I ---I /_-_..-14-1 � I � LEI I II I I III I t PaNr OF 60.00' BEGINNING C r U a Q � a¢ I �I z N W J U WI LO z Q0. Z w 1 6 N �C �a I AMARAC, BROWARD COUNTY, FLORIDA John F. Pulice. Reg. Land Surveyor #2691 Beth Burns, Reg. Land Surveyor #6136 OR: CVS PHARMACY SITE State of Florida CVS PHARMACY @ TAMARAC MARKETPLACE CASE NO. 3-P-06 -TEMP RESO #11005 ry Sao a 300 Feet CITY COMMISSION CITY OF TAMARAC July 12, 2006 J. Christopher King 7525 N.W. Bath Ave. Tamarac . Florida 3332d-2401 Director Telephone: (954) 724-1292 Vacation of Easement Community Development Facsimile: (954) 724-2453 "0MMI"Ndi-FY DEVELOPMENT n - !�t A F, a, t- �" AM 6: 36 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: April 19., 2006 CASE NO.: IN THE MATTER OF: ANY PERSON APPEARING ON YOUR. BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON TI-HS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF T IEIR TESTIMONY. zzuia ota, Esq.. Holland & Kn.i.ght LLP. , WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, Holland & Knight LLP HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO vacation of the water and sewer easements reflected on the attached sketch for Prop�rtvR?cated a 10004 and 10010 W. VcNab Road. (A dress �otf subject property THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATU r O OWNER: Tamarac Showplace, LLC NAME/ADDRESS AND I'IIONE NO. OF DE GNATE,A '-'it" Jann. P. Lhota, Esq., Holland & Knight 11,P (Print Name of Owner) (Print Name of Designated Agent) One E. Braward Boulevard, Suite 1300 Fort Lauderdale, Florida 33301 Phone:954-525--1000 Fax:954-463-2030 STATE OF FLORIDA: COUNTY OF BAD• The foregoing instrument waickno I d to c his day of �"Ts ,.` t by , owner of property, who is ers gdidno otaan has produced identification and o wh' th. AlXA.1_. PEPH-S0FIRA -._.� �.._... No,;,ry ?tb��c • SWe of Fug (. • �p�:y c� fiaoi Nil 10 20 � •* gsnn 10012oal6 Notary Public State of Florida OOWW b,8,ww Notay Awn - My Commission Expires: (Type or print name of Notary)