HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-2701
Temp Reso #10286 — November 5, 2003
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- a /u
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, GRANTING
A VACATION OF EASEMENT OF A FIFTEEN
FOOT (15) UTILITY EASEMENT ALONG THE
WEST AND SOUTH LINES OF PARCEL "A" OF
THE "ASH PLAT NO. 1" PLAT, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 166, PAGE 50 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA
(CASE NO.16-P-03); PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Easement described in Exhibit "A" was dedicated to the public on
February 10, 1997 at the time of the initial recordation of the Plat; and
WHEREAS, the property owner, Catherine Pisciotti, Avalon Commerce Center of
Tamarac LLC, has determined that the fifteen foot (15') utility easement along the west and
south lines of Parcel "A" of the "Ash Plat No. 1" Plat (as depicted in Exhibit "A") is needed
to accommodate the future development of the site; and
WHEREAS, the City Engineer and franchised Utility Companies have been
contacted and all have stated no objection to the vacation of the fifteen foot (15) 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 November 5, 2003; 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
Temp Reso #10286 — November 5, 2003
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L
Easement of a fifteen foot (15') utility easement along the west and south lines of Parcel
"A" of the "Ash Plat No. 1 " Plat, according to the Plat thereof as recorded in Plat Book 166,
Page 50 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 fifteen foot (15) utility
easement along the west and south lines (attached hereto as Exhibit "A") of Parcel "A" of
the "Ash Plat No. 1" Plat, according to the Plat thereof as recorded in Plat Book 166, Page
50 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.
Temp Reso #10286 — November 5, 2003
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SECTION 5: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED AND APPROVED this 26" day of November, 2003.
ATTEST:
..........
f �`..
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER L
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO �.�
DIST 3: COMM. SULTANOF�}s,
DIST 4: V/M ROBERTS ,rim
EXHIBIT "A" TEMP RESO #10286
SKETCH TO ACCOMPANY LEGAL
15 FOOT UTILITY EASEMENT
NORTH LINE
SECTION 7-49-41 MCNAB ROAD
POINT OF COMMENCEMENT N 89"3T'15'" E
N. W. CORNER PARCEL 'A"
N 89'33'15" E 451.86'
N B9'J3•IS•' E
POINT OF BEGINNING
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DESCRIPTION OF
TO BE VACATED
NORTH 114 CORNER
SECTION 7-49-41 /
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5' UTILITY EASEMENT
15' UTILITY EASEMENT.
U 'ASH PLAT NO. 1 "
PLAT BOOK 766 PAGE 50
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BROWARD COUNTY RECORDS
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CENTERLINE OF 75' UTILITY EASEMENT
(TO BE VACATED)
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SOUTH LINE; t—ZU CANAL MAINTENANCE EASEMENT L20' TAMARAC UI]C/r/
PARCEL A' 50' CANAL RIGHT OF WAY EXCLUSIVE Unclrr EASEMENT N o
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S 89"29 "53" W 488.36'
rRACT 10 INGRESS -EGRESS EASEMENT U
"FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION N0.2"
(PLAT BOOK 1, PAGE 702, PALM BEACH COUNTY RECORDS)
;AD FILE: K: \O?4941 \VACEASE.DWG SHEET 9 OF 2 SHEETS
POINT OF TERMINATION
SCHWEBKE—SHISKIN Sc ASSOCIAT INC.
LAND SURVEYORS —ENGINEERS —LAND PLANNERS-3240 � D TE"_WAYJM MAR EL. 33025
PHONE No.(954)435-7010 FAX No. (954)436-3288
ORDER NO. 186912-6 PRE R€p `UNDER MX SUP RVISIQN
3
DATE JANUARY 3, 200
RONALD A. FRIZ, ASSISTANT --VICE PRESIDENT
THIS IS NOT A "BOUNDARY SURVEY" PROFESSIONAL LAND SURVEYOR NO. 2767
CERTIFICATE OF AUTHORIZATION No. LB-57 STATE OF FLORIDA
LEGAL DESCRIPTION TO ACCOMPANY SKETCH OF A
15 FOOT UTILITY EASEMENT TO BE VACATED
LEGAL DESCRIPTION:
A portion of Parcel "A", "ASH PLAT NO. 1 ", according to the plat thereof, as recorded
in Plat Book 166 at Page 50 of the Public Records of Broward County, Florida, being
a strip of land 15.00 feet in width, lying 7.50 feet on each side of and parallel with
the following described centerline:
Commence at the Northwest corner of said Parcel "A"; thence South 00 degrees 34
minutes 50 seconds East, along the West line of said Parcel "A", for 15.00 feet;
thence North 89 degrees 33 minutes 15 seconds East along a line that is parallel
with and 15.00 feet South of, as measured at right angles to the North line of said
Parcel "A", for 7.50 feet to the Point of Beginning of said centerline; thence South 00
degrees 34 minutes 50 seconds East, along a line that is parallel with and 7.50 feet
East of, as measured at right .angles to, the West line of said Parcel "A" for 506.81
feet; thence North 89 degrees 29 minutes 53 seconds East, along a line. that is
parallel with and 37.50 feet North of, as measured at right angles to, the South line
of said Parcel "A", for 453.61 feet to the Point of Termination of said centerline; said
Point of Termination being on the West limits of the 15 foot wide utility easement
along the East line of said Parcel "A"; all lying and being in the Northwest 1/4 of
Section 7, Township 49 South, Range 41 East, City of Tamarac, Broward County, Florida.
NO TES:
1) Bearings shown hereon are based on a bearing of North 89 degrees 33 minutes
15 seconds East along the North line of said Section 7, as shown on the said plat of
"ASH PLAT NO. 1 ", as recorded in Plat Book 166 at Page 50 of the Public Records of
Broward County, Florida.
2) Sidelines of
this
easement
are
to be lengthened or shortened so as to form a
continuous 15
foot
wide strip
of
land.
3) Sidelines of
;r
this
easement
at
the Point of Beginning are to be lengthened or
shortened so as to
intersect
the
South limits of the 15 foot Utility Easement along
the North line
of said Parcel
"A".
4) Sidelines of this easement at the Point of Termination are to be lengthened or
shortened so as to intersect the West limits of the 15 foot Utility Easement along the
East line of said Parcel "A".
5) Ordered by: AVALON COMMERCE CENTER OF TAMARAC, L.L.C.
6) Valid copies of this Sketch and Legal Description must bear the embossed seal of
the attesting Professional Land Surveyor.
CAD FILE: K:\074941\VACEASEDWG SHEET 2 OF 2 SHEETS
SCHWEBKE--SHISKIN & ASSOCIATES, INC.
LAND SURVEYORS —ENGINEERS —LAND PLANNERS--3240 CORPORATE WAY—MIRAMAR FL. 33025
PHONE No.(954)435-7010 FAX No. (954)438--3288
ORDER No. 186912-8 PREPPED UND YY SUPERVISION
DATE JANUARY 3, 2003 _ ��',i �C A _
RONALD A. FRITZ, ASSISTANT —VICE PRESIDENT
THIS IS NOT A BOUNDARY SURVEY" PROFESSIONAL LAND SURVEYOR NO. 2767
CERTIFICATE OF AUTHORIZATION No. LB- 87 STATE of FLORIDA
ASH PLAT NO. 1
CASE NO. 16-P-03 - TEMP RESO #10286
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300 a 300 Feet
CITY COMMISSION
November 26, 2003
Vacation of Easement
Compiled by: SMR pate: 11/5/03
9 i
CITY OF TAMARA
J. Christopher King 7525 N W, 88th Ave., Tamarac, Florida 33321-2401
Director Telephone: (954) 724-1292
Community Development Facsimile: 724-2453
DESIGNATION OF AGENT
FOR QUASI-JUDICIAL PROCEEDINGS
DATE:
CASE NO.:
IN THE MATTER OF:
ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCEDESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE
BE
ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER
MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY,
Al Tello/Ron Fritz WILL ATTEND THE QUASI-JUDICIAL
(insert name of Agent)
HEARING'TO BE HELD ON N/A IN MY ABSENCE.
IN ADDITION,
Al Te11o/Ron Fritz
HAS MY PERMISSION TO ACT AS -MY AGENT 1N
ALL MATTERS RELATING TO ANY PROCEEDINGS, RELATED TO
Vacation of easements lying within the plat of "Ash Plat No. 1 , Plat Book 166, Page
(Address of subject property) Broward County Records
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI -,JUDICIAL HEARING.
SIGNATURE OF OWNER; NAME/ADDRESS AND PHONE
Avalon Commerce Cent r of Tamarac LLC NO.
OF DESIGNATED AGENT:
�-�•rt-. schwebke--Shiskin & Associates, Inc.
Catherine Pisciotti
(Print Name of Owner)
Managing Member
STATE OF FLORIDA:
COUNTY OF BROWARD:
Al Tello/Ron Fritz,
(Print Name of Designated Agent)
3240 Corporate Way
Miramar, Florida 33025
Phone: 954--435-7010 Fax: 954-438-3288
he foregoing In�ent wyfs acknowle ed before me this
day of
by ' ` owner of property, who is
pe onally known to me or has produced identification ( and
who (did/did not) take an oath. „ (type °��enti� Cation)
rad'gl)i5"Mai otary Public
My Commission Expires:Oct '
� lis� ".�
"""'w"'4� r-
tate of F)crrida
Oh
(Type or print name of Notary)