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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-008Temp Reso #10312 — December 17, 2003 Revision No. 1 — January 7, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-o S_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE DEDICATION OF AN ADDITIONAL FOUR (4') FOOT RIGHT-OF-WAY (R.O.W.) TO ACCOMMODATE THE REQUIREMENTS OF A TURN LANE ON NOB HILL ROAD @ SOUTHGATE BOULEVARD AS A CONDITION OF A DELEGATION REQUEST APPROVAL FOR BROWARD COUNTY AND AUTHORIZING THE EXECUTION OF A QUIT- CLAIM DEED FROM PRESTIGE HOMES OF SOUTH FLORIDA, INC. FOR THE PRESTIGE COMMONS DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF SOUTHGATE BOULEVARD AND NOB HILL ROAD, SPECIFICALLY A PORTION OF PARCEL "A" OF THE "SOUTHGATE AT NOB HILL PLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 170, PAGE 41 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS THE NORTHEAST CORNER OF SAID PARCEL "A", THENCE SOUTH 01032'13" EAST, ALONG THE EAST LINE OF SAID PARCEL "A", A DISTANCE OF 4.00 FEET, THENCE SOUTH 89001'44" WEST, ALONG A LINE 4.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID PARCEL "A", A DISTANCE OF 140.43 FEET, THENCE NORTH 43048'49" EAST, ALONG SAID NORTH LINE OF PARCEL "A", A DISTANCE OF 5.64 FEET, THENCE NORTH 89001'44" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 136.42 FEET TO THE POINT OF BEGINNING DESCRIBED IN EXHIBIT "A" (CASE NO. 1-MI-04); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Temp Reso #10312 — December 17, 2003 Revision No. 1 — January 7, 2004 Page 2 WHEREAS, the section of Right -of -Way (R.O.W.) described in Exhibit "A" (attached hereto to Exhibit "1 ") was dedicated to the public at the time of the initial recordation of the Plat referenced within Exhibit "A"; and WHEREAS, the property owner, Prestige Commons of South Florida, Inc., has requested the dedication of an additional four (4') foot Right -of -Way (R.O.W.) described in Exhibit "A" in order to accommodate the Prestige Commons town home development; and WHEREAS, Broward County has requested the dedication of the right-of-way as a condition of the approval of the Delegation Request (Case No. 12-P-03) filed by Prestige Commons of South Florida, Inc. in conjunction with the City of Tamarac ; and WHEREAS, the City Engineer has been contacted and has stated no objection to the dedication of the additional four (4') foot R.O.W.; and WHEREAS, a Quit -Claim Deed (attached hereto as Exhibit "1 ") is required to be executed for this additional four (4) foot Right -of -Way (R.O.W.); and WHEREAS, the Director of Community Development recommends approval; 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 approve the dedication of an additional four (4') foot Right -of -Way (R.O.W.) to accommodate the requirements of a turn lane on Nob Hill Road @ Southgate Boulevard as a condition of a Delegation Request approval for Broward County and authorize the execution of a Quit - Claim Deed from Prestige Homes of South Florida, Inc. for the Prestige Commons development located at the southeast corner of Southgate Boulevard and Nob Hill Road, C� 1 1 Temp Reso #10312 -- December 17, 2003 Revision No. 1 — January 7, 2004 Page 3 specifically a portion of Parcel "A" of the "Southgate at Nob Hill Plat", according to the Plat thereof as recorded in Plat Book 170, Page 41 of the Public Records of Broward County, Florida, being more particularly described as the northeast corner of said Parcel "A", thence south 01132'13" east, along the east line of said Parcel "A", a distance of 4.00 feet, thence south 89101'44" west, along a line 4.00 feet south of and parallel with the north line of said Parcel "A", a distance of 140.43 feet, thence north 43048'49" east, along said north line of Parcel "A", a distance of 5.64 feet, thence north 89101'44" east, along said north line, a distance of 136.42 feet to the point of beginning. 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 appropriate City Officials are hereby authorized to accept the dedication of an additional four (4') foot Right -of -Way (R.O.W.); described as a portion of Parcel "A" of the "Southgate at Nob Hill Plat", according to the Plat thereof as recorded in Plat Book 170, Page 41 of the Public Records of Broward County, Florida, being more particularly described as the northeast corner of said Parcel "A", thence south 01032'13" east, along the east line of said Parcel "A", a distance of 4.00 feet, thence south 89101'44" west, along a line 4.00 feet south of and parallel with the north line of said Parcel Temp Reso #10312 — December 17, 2003 Revision No. 1 --- January 7, 2004 Page 4 "A", a distance of 140.43 feet, thence north 43148'49" east, along said north line of Parcel "A", a distance of 5.64 feet, thence north 89101'44" east, along said north line, a distance of 136.42 feet to the point of beginning, and to execute a Quit -Claim Deed (attached hereto as Exhibit "1") from Prestige Homes of South Florida, Inc. 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. .qFr.TIC)N r) adoption. This Resolution shall become effective immediately upon its 1 1 1 Temp Reso #10312 — December 17, 2003 Revision No. 1 — January 7, 2004 Page 5 PASSED, ADOPTED AND APPROVED this 14th day of January, 2004. r_rlilr:10111 MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 0 MITCHELL S. KRAFT CITY ATTOF EY commdev\u:\pats\userdata\wpdata\res\10312reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER C_ DIST 1: COMM. PORTNER -w --1 DIST 2: COMM. FLANSBAUM-TALABISC DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS EXHIBIT 111" TEMP RESO #10312 This instrument prepared by: Carnahan, Proctor, & Cross, Inc. 6101 W. Atlantic Blvd. Margate, FL 33063 QUIT -CLAIM DEED r THIS QUIT -CLAIM DEED, Executed this = day of ` ` ✓°� U- - , 20!IL,, by PRESTIGE HOMES OF SOUTH FLORIDA, INC., Grantor, to THE CITY OF TAMARAC, A FLORIDA MUNICIPAL CORPORATION, whose post office address is 7525 Northwest 88t" Avenue, Tamarac, Florida, 33321, Grantee. WITNESSETH: That the said Grantor, for and in consideration of the sum of $10.00 and other good and valuable considerations in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise; release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Broward, State of Florida, to -wit: See Exhibit "A" attached 'hereto and made a part hereof. To have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. "Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: M Jeffrey L. Miller, CITY MANAGER ATTEST: By r c, CITY CLERK STATE OF FLORIDA COUNTY OF BROWARD ACCEPTED BY CITY OF TAMARAC, GRANTEE Date: By:� Jeffr L. Iler, o'b CITY MANAGER Date: ADr,ed as o firm: X r / Mitch' raft CITY ATTORNEY . i 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=�ir�,� ►-ey L M . filer to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that �executed the same. WITNESS my hand and official seal in the County and State last aforesaid this '� day of A.D., 2011 Notary Publ�p' My Commission Expires: &i t 57,_ act 1 JUNE A. WHITE a`'r�' '�•� Notary Public - Stag of Florida . MyCw";sbnE Aug i5h20M Commission / DDIM65 Bonded By National Not Awn• ICA Signed, sealed and delivered in the presence of: W ITN � Print nam /G WITNESS Print name STATE OF FLORIDA § COUNTY OF BROWARD § (GRANTOR) PRESTIGE HOMES OF SOUTH FLORIDA, INC., A F ORIDA C//ORP ATION By: 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 persons described in and who executed the foregoing instrume t and he acknowledged before me that he executed the same. WITNESS my hand and official seal in � l�a��r _A. My Commission Expires: �= "ia''' Sim I. Loss GOMM�ion # CC 945W ' FApi► sa 2,20M AflofiG CO., TPC. s:\021105\docs\donnaw\quitelml.doo the County and State last aforesaid this S"� day of D., 20 03 Notaryublic V CARNAHAN_- PROCTOR • CROSS, INC. CERTIFICATE 6101 WEST ATLANTIC BLVD., MAR ONE O 936 33063 PHONE (954)972.3959 FAX (954)972.4178 E-MAIL: margateQcarnahan-proctor.com EXHIBIT "A" DESCRIPTION AND SKETCH 4 FOOT ADDITIONAL RIGHT-OF-WAY FOR SOUTHGATE BOULEVARD IN SOUTHGATE AT NOB HILL PLAT LEGAL DESCRIPTION A PORTION-QF PARCEL "A", SOUTHGATE AT NOB HILL PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 170 AT PAGE 41 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A"; THENCE SOUTH 01°32'13" EAST, ALONG THE EAST LINE OF SAID PARCEL "A", A DISTANCE OF 4.00 FEET; THENCE SOUTH 89°01'44" WEST, ALONG A LINE 4,00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID PARCEL "A", A DISTANCE OF 140.43 FEET; THENCE NORTH 43' 48' 49" 'EAST, ALONG SAID NORTH LINE OF PARCEL "A", A DISTANCE OF 5,64 FEET; THENCE NORTH 89°01'44" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 136.42 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 554 SQUARE FEET MORE OR LESS. NOTES I. THIS SKEI CH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC., AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. 3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY, AND RESTRICTIONS OF RECORD. 4. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED. 5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS -OF -WAY, EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION NEED BE OBTAINED. 6, THIS IS NOT A SURVEY, ABBREVIATIONS B.C.R. = BROWARD COUNTY RECORDS O.R.B. = OFFICIAL RECORD BOOK P.B. = PLAT BOOK P.O.B. = POINT OF BEGINNING R/W =' RIGHTS -OF -WAY U.E. = UTILITY EASEMENT W).P.S.W.&N.V.A.E. = UTILITY, DRAINAGE, PLANTING SCREEN, WALL AND NON -VEHICULAR ACCESS EASEMENT SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472,027, FLORIDA STATUTES, AND THAT SAID DESCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE_ AND BELIEF. i DO NAC.WE PROFESSIONAL SURVEYOR AND MAPPER DATE OF LAST FIELD WORK: NOT A SURVEY FLORIDA LICENSE NO. LS4290 SOUTHGATE AT NOB HILL PLAT I JOB NO.: 021105 I DATE: 7.24-03 I SHEET 1 OF 2 SHEETS I i i — — — — — O_NOB HILL ROAD ---------------- — .R.B. 47 77, PG. 184, 8.C.R. i I I cn I I • I � I cN w I �—----------\ \ I \ m I \ z �z �? I mr¢i 12 nc i tn7:0 IU.E mmm v n� o?x rr0 C C O m i o I m czi m N c I 53' � Gi 7 v *D n m(A I s fn of O w m-0 a•m� Z p, C �" I _ ' ca Ala �> I s rn' G7 m I O > O r �I m mq�> W %n O mi m A, a 4+ A � II m —J m c 4,� m 0rl — — — z z L--11 (0.R.8. 7794, PG- 267. B.C.R.) z O c*m5 cn e I m�No _ 0 LOT 1_ _ LA ���-- ~� F� "NORTHWOOD'' mn P.B. 97. PG. 28. B.C.R. Irn omA r v�E mo m I azrmO I �m➢m� i Z Ar r6 z I z z I n m m A y r n z c ^) r a n , C7 Z m ADDENDUM F.S./PG. DATE I BY ICK'D J013 NO. 021105 DWG BY* JM SCALE* I 30, ADDITIONAL R/W SOUTHGATE AT NOB HILL PLAT CK'D By* DCW DATE* 7-23-03 SHEET 2 OF 2 SHEETS Fiic,- \npii1nR,k.H.,,,