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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-099Temp Reso #10436 — April 27, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- i? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A VACATION OF EASEMENT OF A TWENTY- FIVE FOOT (25') WIDE CROSS ACCESS EASEMENT AGREEMENT HALF LYIING ALONG THE NORTH PROPERTY LINE OF PARCEL "A" AND HALF LYING ALONG THE SOUTH PROPERTY LINE OF PARCEL "B" AND A TWELVE FOOT (12') UTILITY EASEMENT ALONG THE NORTH PROPERTY LINE OF PARCEL "A" OF A REPLAT OF A PORTION OF TRACT 9 OF THE "FORT LAUDERDALE TRUCK FARMS" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 31 TOGETHER WITH A REPLAT OF PARCEL "A" OF THE "CURTIS FIELD PLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 130, PAGE 41 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALL IN THE SOUTHEAST ONE -QUARTER, SECTION 9, TOWNSHIP 49 SOUTH, RANGE 41 EAST OF THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA (CASE NO.6-P-04); PROVIDING FOR CONDITION OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVI_D.ING.FOR_AN EFFECTIVE DATE. WHEREAS, the Easement described in Exhibit "A" was dedicated to the public on February 14, 2003 at the time of the initial recordation of the Plat; and WHEREAS, the property owner, Malcolm Butters, WAMU Tamarac Tenancy In Common, has determined that the twenty-five foot (25') wide Cross Access Easement Agreement half lying along the north property line of Parcel "A" and half lying along the Temp Reso #10436 — April 27, 2004 Page 2 south property line of Parcel "B" of the Westland Plat and the twelve foot (12') Utility Easement along the north property line of Parcel "A" of the Westland Plat , a Replat of a portion of Tract 9 of the "Fort Lauderdale Truck Farms" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 together with a Replat of Parcel "A" of the "Curtis Field Plat", according to the Plat thereof as recorded in Plat Book 130, Page 41 of the Public Records of Broward County, Florida, all in the Southeast One -Quarter, Section 9, Township 49 South, Range 41 East of the City of Tamarac, Broward County, Florida (as depicted in Exhibit "A") are not needed to accommodate the future development of the site and are no longer necessary and should be eliminated; and WHEREAS, the two (2) parcels will be bound by a Unity of Title providing that no portion of the Westland Plat shall be sold, transferred or otherwise conveyed separately except in its entirety as one (1) parcel of land; and WHEREAS, the City Engineer and franchised Utility Companies have been contacted and all have stated no objection to the vacation of the twelve foot (12') utility easement to facilitate any future site improvements; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the Planning Board recommended approval on April 21, 2004; 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 twenty-five foot (25) wide Cross Access Easement Agreement half lying along the north property line of Parcel "A" and half lying along the south property line of Parcel "B" and a twelve foot (12') Utility Easement along the north property line of Parcel 1 Temp Reso #10436 — April 27, 2004 Page 3 "A" of a Replat of a portion of Tract 9 of the "Fort Lauderdale Truck Farms" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 together with a Replat of Parcel "A" of the "Curtis Field Plat", according to the Plat thereof as recorded in Plat Book 130, Page 41 of the Public Records of Broward County, Florida, all in the Southeast One -Quarter, Section 9, Township 49 South, Range 41 East of the City of Tamarac, 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 twenty-five foot (25') wide Cross Access Easement Agreement half lying along the north property line of Parcel "A" and half lying along the south property line of Parcel "B" and a twelve foot (12') Utility Easement along the north property line of Parcel "A" of a Replat of a portion of Tract 9 of the "Fort Lauderdale Truck Farms" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 together with a Replat of Parcel "A" of the "Curtis Field Plat", according to the Plat thereof as recorded in Plat Book 130, Page 41 of the Public Records of Broward County, Florida, all in the Southeast One -Quarter, Section 9, Township 49 South, Range 41 East of the City of Tamarac, Broward County, Florida, is hereby granted. Temp Reso #10436 — April 27, 2004 Page 4 SECTION 3: The Vacation of Easement granted herein is subject to the following condition: 1. A recorded copy of the "Unity of Title" shall be submitted to the City of Tamarac prior to a Certificate of Occupancy. 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 in application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 1 1 I Temp Reso #10436 — April 27, 2004 Page 5 SECTION 6: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this 121h day of May, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. , MITCHELL S. KRAFT CITY ATTORNEY commdev\u:\pats\userdata\wpdata\res\10436reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: -, MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABI DIST 3: VIM SULTANOF DIST 4: COMM. ROBERTS TEMP RESO #10436 EXHIBIT "A" Legal Description A Replat of a portion of Tract 9 of the "Fort Lauderdale Truck Farms" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, together with a Replat of Parcel "A" of the "Curtis Field Plat", according to the Plat thereof as recorded in Plat Book 130, Page 41 of the Public Records of Broward County, Florida, all in the Southeast One -Quarter, Section 9, Township 49 South, Range 41 East of the City of Tamarac, Broward County, Florida. Westland Plat CASE NO. 6-P-04 - TEMP RESO #10436 B-2 B-2 HD 300 Feet CITY COMMISSION MAY 12, 2004 Vacation of Easement Compiled by: stephenr Dote: ® CITY OF TAMARAC J. Christopher King 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401 Director Telephone: (954) 724-1292 Community Development facsimile: 724-2453 0Je VJ1 V4 14=cv r.'L& J"zq l 4'i440a %,I I Ur 1:1.Pl:�tly i. 4J UIL DESIGNATION OF AGENT FOR ❑UASI-~JUDICIAL PROCEEDINGS 4 F O DATE: CASE NO.; IN THE MATTER OF- ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT �i'HE QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. Jo rc WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING T BE HEEL❑ IN MY ABSENCE. IN ADDITION, 4 !j HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO (Address of subject property) THIS FORM MUST SIGNATURE OF ED PRIOR TO THE QUASI�IUDICIAL HEARING. is NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: r _.. � Ca v► a. r-1 i� I - -- .4% (Print Name of ner) STATE OF FLORIDA: COUNTY OF BROWARD: "Iiu rat [Le' , -T-tiC. (Print Name of Designated Agent) Phone: The foregoing instrument was acknowledged before me this l 0 day of +2—e t , 2p0, by , owner of property, who is personally known to me or has produced identification ( )and (type of identification) who (did/did not) take an oa,th- My Commission Notary Public State bf lo�� Euzoam o; W�l L L I -�l 60"3"(Type or print name of Notary) ....�........... F�ida Nomry Mw, ,Inc ...............t ns/toioa WED 09:07 ITX/IRX NO 8r1761 IA002