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Home My WebLink AboutCity of Tamarac Resolution R-2001-232fl August 2, 2001- Temp Reso #9468 1 Revision No. 1 — August 30, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-232 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A VACATION OF EASEMENT OF THE TWENTY-SEVEN FOOT (27') INGRESS -EGRESS EASEMENT RUNNING EAST -WEST ALONG THE SOUTHERN PORTION OF THE PROPERTY LOCATED AT 8225 WEST COMMERCIAL BOULEVARD, SPECIFICALLY LOT 3, BLOCK 7 OF THE "LYONS COMMERCIAL SUBDIVISION" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGE 42 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; CASE NO.2-P-00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Easement described in Exhibit "1" was dedicated to the public on July 28, 1982 at the time of the initial recordation of the Plat; and WHEREAS, the property owner, YBR Properties, Inc., has determined that the vacation of the twenty-seven foot (27') ingress -egress easement running east -west along the southern portion of the property located at 8225 West Commercial Boulevard (as depicted in Exhibit 1 ") is needed to facililtate future development of the proposed site plan; and WHEREAS, the City Engineer has been contacted and has stated no objection to the vacation of the twenty-seven foot (27') ingress -egress easement running east -west along the southern portion of the property located at 8225 West Commercial Boulevard to facilitate any future improvements; and August 2, 2001- Temp Reso #9468 2 Revision No. 1 - August 30, 2001 WHEREAS, the Director of Community Development recommends approval of this vacation of easement; and WHEREAS, the Planning Board recommended approval on August 1, 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 twenty-seven foot (27') ingress -egress easement running east -west along the southern portion of the property located at 8225 West Commercial Boulevard, specifically Lot 3, Block 7 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 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 the twenty-seven foot (27') ingress -egress easement running east -west along the southern portion of the property (attached hereto as Exhibit 1 ") located at 8225 West Commercial Boulevard, specifically Lot 3, Block 7, of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida; Case No. 2-P-00; is hereby granted. L� 1 August 2, 2001- Temp Reso #9468 3 Revision No. 1 - August 30, 2001 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 121" of September, 2001. JOE SCHREIBER MAYOR ATTEST: - RECORD OF COMMISSION VOTE: MARION SWE SON, CMC CITY CLERK I HEREBY CERTIFY that I roved this TIGM as to form. MITCHELL S. K L CITY ATTORr MAYOR SCHREIBER _Ayes DIST 1: COMM. PORTNER AM DIST 2: COMM. MISHKIN A e/ DIST 3: V/M SULTANOF Ave, DIST 4: COMM. ROBERTS A P. August 2, 2001- Temp Reso #9468 4 Revision No. 1 — August 30, 2001 com and ev\u:\pats\userdata\wpdata\res\9468reso Ll 1 � • r IMAGy01 : FL•-00-1396-2 01/05/2000 05:58:28pm • EXHIBIT "1" TEMP RES4 # 94fi8 82-262324 PUBLIC IMGRESSAGRESS EASERENT THIS PUBLIC INGRESVEGRESS EASEMENT s made this laf day of 1981, by e, 04 (the "Grantor"), to t e C11~y of Tamarac, a municipal corporation (the "Grantee"). ItITHESSETH: WHEREAS, Grantor is the fee simple owner of the real property described on Exhibit "A" attached hereto; (the 'Property") and WHEREAS, Grantor desires to create a non-exclusive easement in favor of Grantee for ingress and egress over the Property, as indicated on Exhibit "B", upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the sum of One Dollar paid to Grantor, the receipt and adequacy of which is hereby acknowledged, and for other good and valuable considerations, Grantor does hereby create, establish and grant a non-exclusive easement on. over, under, and through the Property to Grantee for the purpose of permitting public ingress and egress across a service road or, driveway, as described on Exhibit "H". Grantor acknowledges an obligation to maintain said service road or driveway; and to hold Grantee harmless as to any claim, by third parties or by Grantor, as to the use of said service road or driveway; and to indemnify and dafend Grantee as to any claim by third parties as to the use of said service road or driveway. IN WITNESS THEREOF, Grantor has caused this Easement to be M 0 �.' A 11. 7Atnl,Irrr; r� •r;;� , _ �t racy r•%rR. r..,:,. _ 6V Page 1 of 6 I IMAGE01 : FL-00-1396-2 01/05/2000 05:58:28pm Page 2 of 6 executed on the said day and year, first above mitten. Signed, sealed and delivered in /the presence of: �( GRANTOR ATTEST: - CITY CUR APPROV D AS TO FORy,. r f ACCEPTED BY CITY OF TAMARAC, GRNITEE By J MAYOR ' This�g' day of�198 By 7— CI TY AGLR This,_day o 198 . STATE OF FLORIDA j SS~ J COUNTY OF BROHARD T I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared' —W( (,3 , to me known and known to me to be the person wno executedithe foregoing instrument, and he acknowledged before me that he executed the same. NITIIESS my hand and offici a1 seal in the State and County last aforesaid, thi as�& ..)► V a- zzw ItOTd1tT-FQO IE v v My Commission Expires: I j 00 '01A\I tU:uC! $Wt a nA .o»t thcr , �, 7110 C) )IIS: �tYf,Q!111551G11' V tii111ls �,�•'": �� •'r�i Ln is IV IMAGEQ1 : W-00-1396-2 01/05/2000 0558: t Page 3 of 6 EXHIBIT "A' LEGAL DESCRIPTION FOR DR. GARFINKEL PROFESSIONAL BUILDING Lot 3, Block 7 of Lyons Coxmercial Subdivision as recorded in Plat Book 69, Page 42 of the Public Records, Broward County. Florida. 12 ✓1OCAYJO1. g_O 14AP •• 3.OT " 9LLK 17 G L'l0us comma Gc0 erry OF TAMARAG u 4 �� pa7q g1Otib .DP • •r 3 i�AiRid'r9• . zz Wm mo m-n n� tV CO LTI N rn YMAGEOI : FL-00-1396-2 01/05/2000 05:58:28pm Page 4 of 6 EXHIBIT "B" LEGAL DESCRIPTIOtt FOR INGRESS AND EGRESS SERVICE ROAD. The north 27' of the south 4511' of Lot 3. Block 7 of Lyons Commercial Subdivision :s recorded in Plat Book 699 Page 42 of the Public Records, Broward County. Florida. M 0 m -n c) -n L7 Na CO -a f IMAGFOI : FL-00-1396-2 01/05/2000 05:58 Page 5 of 6 1: ry A :e3 ��iuT'#�R:•'r iYlatG DIAGRAM Or WAND«AFPED PARKlQ(j 5.TA' 1. WITH R AM1`: WO SCALE —t• x r•3' corrctz. aowr:>x Pau% . �.. ' : , ; - P A --Sxts7'fy s' MNGii- VPPSW, LiC 7�x 47' • 3�! WATCH CAl M tN "ad4,iPUT"'rsz; • 27 'SPAGCS v71 WATIM 44TV VALVtt `• . _ trOR TtJ1"LiRE Vigti4tLA1� i1tfl U1<I TQ LAi+ Ap 1, ....,.�.�......I . tn>7X LW G 1t4N _ II 9Yf8' TYI 1 4 Pon 91MURS vsUIev&A1>r t� 1pARritN't A[;trSC T LAT •%. ts4 + .9Fs7iN . ' PAliK1144-+.OT %Ltn+ miL7104 To-40MF6'>; 4VIq}� STAM VIM :A1.1. �Rpvt�lf:`f�g OF f,mp. �iw'19%�i2 . ' ;L "' ' ' ORB. aZ• nrr.104*2-8•l, ? SITE` LAN. 1JEENImrf KL , !�•� enua�arax pRot'TrszTY. . y�n T4MAGE01 :.FI,-00-1396-2 01/05/2000 05:58:28pm Page 6 of 6 3 3 6 7 lif �I 1D 3.l 13 14 3,3 36 17 ,tg as 20 37. 22 �C 23 ZG 27 29 aH r O 2 33 31 35 16 INTRODUCED BY:.✓ Temp./2406 CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION APPROVING AND ACCEPTING AN INGRESS/ EGRESS EASEMENT OFFERED BY MONROE I. GARFINKEL TO THE CITY ON LOT 3, BLOCK 1 OF LYONS COMMERCIAL SUBDIVISION 2. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: Section 1: That the Public Ingress/Egress Easement offered by Monrde Garfinkel for permitting public ingress/egress across a service road on lot 3, block 7 of Lyons Commercial Subdivision 2 (north side of Commercial Blvd., east of N.W. 84th Terrace) is hereby approved. Section 2: That the appropriate City Officials are hereby authorized to execute this easement. The City Clerk is hereby authorized to record said easement in the Public Records of Broward County Florida. PASSED, ADOPTED AND APPROVED this Vglzilday of 11982 ATTEST: Carol Evans, Ass'L City C�'orcr I HEREBY CERTIFY that I have approved the form and correctness�f this Resolution. v ' ienning, City Attor RECORD OF COUNCIL VOTE MAYOR: _ A-4"v DISTRICT 1, DISTRICT 2• DISTRICT 3: DISTRICT i. ee,e,Mr,,,,, r,rr n,rryr llrtJltUs t., a"rrrl, rrn�r,>a COf4l ,�pxzNSaN �u,:rrr rrr�unrraroq M0 m _n C=) N C70 C1 fV co 'LL .IMAGE01 : FL-00-1381-2 01/05/2000 01:34 N • 4r L%'S SNL'b_' YDP..L 37b�G.Y,enV7.2� 3/1►'.raGC JH7V t I J � E I 1 1 ' • Q ;a l � � � t ^ ih LU w I ILI ..f ti 11 I J � re'�Lvd J.'sd '" w bns c )vk • M - rdaa3onv?xd m Page 2 of 2 t �11 No Text DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS BATE: 0-0 CASE NO.: IN THE MATTER OF: YBR PROPERTIES, ,INC. ANY PERSON APPEARING ON YOUR BEHALF, 1N YOUR ABSENCE; MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE . ENTITLED TO SPEAK AT THE QUASI-7UCIDIAL HEARING. AND THE MATTER MAY BE [DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. jE.M eAsczo, ESQ. WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD CAN IN MY ABSENCE. IN ADDITION, JEAN CASCI.O, ESQ. _ HAS MY PERMISSION TO ACT AS -MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO 8225 W. Commercial Blvd., Tamarac, FL 33a51 (Address ofstibject property): THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE` OF OWNER: NORTH rINVESTORS, INC. i (Print Name of Owner) SIGNATURE OF POSED NEW OWNER PETI B O .S N Carmelo Cunso , res. STATE OF FLORIDA: COUNTY OF BROWARD, NAMEIADDRESS AND PHONE NO. OF DESIGNATED AGENT: Jean Cascio, Esq. Law Offices of Jean ,--Cascio (Print Name of Designated Agent) 902 NE lst. St. #207 Pompano Bch FL 33060 Phone: (954) 784--0619 Fax: (954) 783w5355 The foragoing instr iz! t was acknowied d befor a this -3. day of. , o r of property, who is ersona ly nown to m 7 c)v has produced identification (, _ land (type�ofldentificat!Qn) who (d i did i d not) take • n Notary public, State of Florida "t � Commission No. CC 664037 �'�'np�.°�My Commission Facp. Oy/1 1-NO-3-NOTARY - Fla NwjL7 Smice & Boeding Co. w otary P 40.90te of Florida My Commission Expires: STATE OF FLOWDA: COUNTY OF BROWARD: The foregoing instrum:antwas acknowledged before me this � „day of. _,owner of property, who is personally known to me at, has produced identification ( 0-9,, *SM. —20,E •33d�and ro of of who aid not) take an oath, Nota Public State t�f f�lcrrida MY Commission Expires: � . JUUO E. ROQUE • MY �NMISS►OM r Co 5s5eoI IXP�REB: Jury 23, 200p _ .. -.. � �� Sawed TIw Woary p�qp unaerYvdmr: DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS t. DATE: _ AUGUST 1 2001 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 THE QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. JONATHAN W. KEITH , WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING IO BE HELD ON IN MY ABSENCE. IN ADDITION, JONATHAN W. KEITH HAS MY PERMISSION TO ACT AS 'MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO YBR PROPERTIES FX GRAPHICS (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. MROWN.ER: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: KEITH & BALLBE', INC. CARMELO CONSOLO (Print Name of Owner) STATE OF FLORIDA: COUNTY OF BROWARD: JONATHAN W. KEITH (Print Name of Designated Agent) 1700 NORTHWEST 64T STR ET SUITE FORT LAUDERDALE, FLORIDA 33309 Phonef 954) 489-9801 Fax: (954) 489-9802 The foregoing instrument was acknowledged before me this 1ST day of AUGUST 2001 , by GARMEM rnN.-nT a —, owner of property, who is personally known to me or has produced identification (DRTvpg,; LIr,FNS )and who (did/did not) take an oath. (type of identification) Notary Public State of Florida My Commission Expires: 11/17/02. $' Loma I Torres **'*MY ConuW"on CC702322 LORNA I. TORRES "M,,,V Expires November 17, soot (Type or print name of Notary)