HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-099Temp Reso #10436 — April 27, 2004
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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
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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
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Temp Reso #10436 — April 27, 2004
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"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
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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.
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Temp Reso #10436 — April 27, 2004
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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
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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)
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