HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-190June 17, 2001 - Temp Reso #9428 1
Revision No. 1 - July 3, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-190
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, GRANTING A
VACATION OF EASEMENT OF THE PORTION OF
THE PERIMETER EIGHTEEN (18) FOOT UTILITY
EASEMENT LOCATED ON THE SOUTHEAST
CORNER OF NW 50 STREET AND NW 47
TERRACE; SPECIFICALLY A PORTION OF THE
PLATTED EIGHTEEN (18') FOOT UTILITY
EASEMENT ALONG THE NORTHEAST SIDE OF LOT
26, BLOCK 101 OF "THE MAINLANDS OF TAMARAC
LAKES SECTION 5-A" PLAT, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 67,
PAGE 4 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA; CASE NO.4-P-01; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Easement described in Exhibit "1" was dedicated to the public at the
time of the initial recordation of the Plat; and
WHEREAS, the property owner, Sally D. Tzerman, has determined that the existing
single-family residence encroaches approximately eight -tenths (8/10) of one foot (1') into a
portion of the perimeter eighteen (18') foot utility easement located on the southeast corner
of NW 50 Street and NW 47 Terrace (as depicted in Exhibit 1 "); and
WHEREAS, the property owner, Sally D. Tzerman, has determined that the portion
of the eighteen foot (18) utility easement located underneath the existing single-family
residence is not needed, as there are no utilities located within this portion of the
easement; and
June 17, 2001 - Temp Reso #9428 2
Revision No. 1 - July 3, 2001
1
WHEREAS, the City Engineer and franchised Utility Companies have been
contacted and all have stated no objection to the vacation of the portion of the perimeter
eighteen (18') foot utility easement located underneath the existing single-family residence
on the southeast corner of NW 50 Street and NW 47 Terrace; and
WHEREAS, the Director of Community Development recommends approval of this
vacation of easement; and
WHEREAS, the Planning Board recommended approval on June 6, 2001; 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 the vacation
of easement of the portion of the perimeter eighteen (18') foot utility easement located on
the southeast corner of NW 50 Street and NW 47 Terrace; specifically a portion of the
platted eighteen (18') foot utility easement along the northeast side of Lot 26, Block 101 of
"The Mainlands of Tamarac Lakes Section 5-A" Plat, according to the Plat thereof as
recorded in Plat Book 67, Page 4 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.
June 17, 2001 - Temp Reso #9428 3
Revision No. 1 - July 3, 2001
E
SECTION 2: That the vacation of easement of the portion of the perimeter
eighteen (18') foot utility easement (attached hereto as Exhibit "V) located on the
southeast corner of NW 50 Street and NW 47 Terrace; specifically a portion of the platted
eighteen (18') foot utility easement located underneath the existing single-family residence
along the northeast side of Lot 26, Block 101 of "The Mainlands of Tamarac Lakes Section
5-A" Plat, according to the Plat thereof as recorded in Plat Book 67, Page 4 of the Public
Records of Broward County, Florida; Case No. 4-P-01; is hereby granted upon receipt of
an executed Hold Harmless Agreement regarding the twenty-four inch (24") stormwater
pipe within these easements.
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
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
C
June 17, 2001 - Temp Reso #9428 4
Revision No. 1 - July 3, 2001
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 11t' day of July, 2001.
ATTEST:
z
MARION SVVENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
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com and ev\u:\pats\u serdata\wpdata\res\9428reso
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Aye.
DIST 1: COMM. PORTNER Aye.,
DIST 2: COMM. MISHKIN A e/
DIST 3: V/M SULTANOF A &
DIST 4: COMM. ROBERTS A e'
ui
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CONSUL -TECH ENGINEERING, INC.
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Consulting Engineers Landplannes a Land Surveyors
C3141 COMMERCE PARKWAY PHONE (954) 438-4300
LB +3527
MIRAMAR, FLORIDA 33025 FAX' (954) 438 1433
472;RNW "°50TH :STREET -SKETCH OF SURVEY -
TYPE OF SURVEY -BOUNDARY FOR -
Lot 26 , Block 101
THE MAINLANDS OF TAMARAC LAKES \�
SECTION 5-A
according to the plot thereof, `
as recorded in Plat Book 67 P�
Page 4 of the public records
of Broward County , Florida. �P
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LB' 4545 BLOCK 101 A/C • AIR CONDITIONER
to ELEV. ELEVATION
P.B. PLAT BOOK
PO. PACE
C.B.S. • CONCRETE BLOCK STRUCTURE
'e 7 S.F. • SQUARE FEET
SURVEYORS NOTES,
1. BEARINGS IF SHOWN ARE REFERENCED TO THE •k
NORTH R/W LINE OF NW 50TH COURT r
ACCORDING TO THE PLAT AS RECORDED IN PLAT
800K 87 AT PACE 4 ,BROWARD COUNTY 5.NO ATTEMPT WAS MADE TO LOCATE ANY UNDERGROUND
RECORDS. REFERENCE BEARING t538.33'14" 0 IMPROVEMENTS, FOUNDATIONS OR WETLANDS.
2.SENCHMARK REFERENCE; S.EASEMENTS SHOWN HEREON ARE PER THE PLAT.
B.M. NO. ELEV.
N.G.V.O. OF 1929 7. SURVEYOR HAS MADE NO RESEARCH OF THE PUBLIC
RECORDS. THERE MAY BE ADDITIONAL RESTRICTIONS
3. MINIMUM LINEAR ACCURACY OBTAINED: NOT SHOWN HEREON THAT MAY BE FOUND IN THE
1 FOOT IN 7,500 FEET AS REQUIRED FOR PUBLIC RECORDS.
A SUBURBAN SURVEY
FLOOD ZONE INFORMATION
4. NO TITLE INFORMATION WAS SUPPLIED OR REVIEWED
IN THE PREPARATION OF THIS SURVEY WITH THE
FLOOD ZONE+ AH -
EXCEPTION OF THE LEGAL DESCRIPTION.
BASE FLOOD EL.- 8'
_ -
COMMUNITY/PANEL/SUFFIX 120058 0204 F
DATE OF FIRM: 8/18/92
DATE OF FIRM INDEX: 10/2/97
DENNIS: d. GABRIELE
NOT VALID WITHOUT THE
PROrESSIONAL SURV.TYGR AND MAPPER No. LS
5709 SIGNATURE AND THE ORIGINAL
STATC_OF FLTIRIDA\ :
RAISED SEA. OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
UPDATES/REVISIONS .`
DATE
BY
CK'D
NOTE: The undersigned Ond CONSUL -TECH ENGINEERING, INC. make no
representations or guarantees as to the completeness of the information
reflected hereon pertaining to easements right-of-way set -back lines
BOUNDARY SURVEY
reservations, agreements or other matters of record. This instrument is
intended to reflect or set forth only those items shown In the references
above. CONSUL -TECH ENGINEERING, INC. did not research the public records
for matters offecting the lands shown.
NOTE! This instrument is the property of CONSUL -TECH ENGINEERING, INC.
and shall not be reproduced in whole or in part without written permission
of CONSUL -TECH ENGINEERING, INC. O
Job No. Drawn By, Checked By3 F.B. PG. Scale, T' - 20'
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TEMP PESO #9428
T�RMAN ESTATE
CASE NO.4P-01 -TEMP RESO #9428
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CITY COMMISSION
June 27, 2001
Vacation of Easement
I Christopher King
Director
Corrmnity Development
City of Tamarac
7525 N.W. 88th Ave., Tamarac, Florida 33321-2401
Telephone: (954) 724-1292
Facsimile: 724-2453
a
04/26/0f 14:30 FAX 305 60 )167 JOHN INC FA 4h 01
,i
DESIGNATION OF AGENT -
FOP, QUASI-JUDICIAL PROCEEDINGS
DATE:
CASE No-t �]
Partial Release of Easement Petition
1N THE MATTEROF: Utility Easement Encroachment/Ho'l d Han 1 ess Agreement
ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR AIRSENC5, MUST 13E
nESICNATRD AS YOUR AGENT ON THIS FORM OR SOC14 PERSON WILL NOT BE
El1MTLED TO SPEAK AT THE QUASI-JUCIDIAL MEARiNG AND TIDE MATTER
MAY HE DETERMINED WITHOUT THE BENSFIT OF THEIR TESTIMONY -
Alan S. Rothberg, Esq . WLL ATTEND THE QUASWUDICIAL
� (Insert name of Agent) 6 / 13 / 01
HEARING TO BE HELD ON5/ 4 ; 5/ 16 ; 5/ 23 ; IN MY ABSENCE, IN ADDITION,
1.a n 5 . Rothberg , Esq. HAS MY PERMISSION TO ACT AS MY AGENT IN
ALL MATTERS RELATING ro P EEDTNOS RELATED TO
752'5 NW 88th -Avenue, �1/ Iamarae, FG j��J NW 50th St., Tamarac FL
(Addres&, of subject property) 33319
THIS FARM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SIGNATURE F'0WN%.R.
Estate of Sally D, Tzerman by
Jeffrey M. Tzerman
(Print Name of Owner)
NAMT WIADDRESS AND PHONE NO.
OF DESIGNATED AGENT!
Alan S. Rothberg, Esq.
(Print Name of Designated Agent)
656 SW 128th Street
Miami, FL 33168
305 691-7877 305.681-9167
Phone: Fax:
STATF OF FLORIDA-
COUNTY OF BROWARD:
I
The foregoing Instrument was acknowledged before me thiBi c2-F{day of
1&6 .by z-f rn1a owner of praperCy, who is
n to
ppr�onally knowme or has prod cod Identification {fir br,vePa �roa�, )and
who (d;d/did met) take an oath. (type of identiTicatian)
My Pommission Ejepires:
A.4
Notary Public State of "ems
ITvne or print nalins of Notarv)