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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 Page 2 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 Page 3 1 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 com mdev\u:\pats\userdata\wpdata\res\10286reso u 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 h 0 y QJ Z 0 c� CC oo (� Q. In Lj g 4 O cu 7.50' 75.00' LLJ Q h O it PARCEL 'A " DESCRIPTION OF TO BE VACATED NORTH 114 CORNER SECTION 7-49-41 / 0 0 2 5' UTILITY EASEMENT 15' UTILITY EASEMENT. U 'ASH PLAT NO. 1 " PLAT BOOK 766 PAGE 50 z BROWARD COUNTY RECORDS ti W CENTERLINE OF 75' UTILITY EASEMENT (TO BE VACATED) ti ,� w 10 (/) LZ i O raj q 0 0 rQ4 � 7 O �� I R1 V) � 2 ? �Q 2 O L,Uj W O I W t� � Imo 2 I Y �4]O x � V SOUTH LINE; t—ZU CANAL MAINTENANCE EASEMENT L20' TAMARAC UI]C/r/ PARCEL A' 50' CANAL RIGHT OF WAY EXCLUSIVE Unclrr EASEMENT N o El 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 ' - - SITE I MCNAB ROAD y U-1 R-3 M U-1 a U-1 m N W 67TH-STREE'f .-- --- (' rn 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)