HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-349Temp. Reso. 9589
November 28, 2001
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-349
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
CONVEYANCE OF RIGHT-OF-WAY WITH NYCH
PARTNERS, LTD., FOR THE LYONS COMMERCIAL
SUBDIVISION TURN LANE ON COMMERCIAL BOULEVARD
FOR LOTS 3-8, BLOCK 9 PROJECT LOCATED ON THE
NORTH SIDE OF COMMERCIAL BOULEVARD BETWEEN
PINE ISLAND ROAD AND NW 911T AVENUE; AUTHORIZING
AND DIRECTING THE CITY CLERK TO RECORD SAID
DOCUMENT IN THE PUBLIC RECORDS OF BROWARD
COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the development of the Lyons Commercial Subdivision for Lots 3-8,
Block 9, located on the north side of Commercial Boulevard between Pine Island Road
and NW 915t Avenue, a legal description of which is attached hereto as "Exhibit 1 ", requires
the installation of a turn lane on westbound Commercial Boulevard; and
WHEREAS, the existing width of right-of-way along Commercial Boulevard is
insufficient to allow for construction of the required turn lane; and
WHEREAS, NYCH Partners, Ltd., as owners of the Lyons Commercial Subdivision
for Lots 3-8, Block 9, have agreed to provide the required additional right-of-way in
accordance with Section 10-126 of the City Code; and
WHEREAS, NYCH Partners, Ltd., as owners of the Lyons Commercial Subdivision,
Lots 3-8, Block 9 have executed a conveyance of right-of-way, a copy of which is attached
hereto as "Exhibit 2", to provide the required additional right-of-way for the turn lane on
Commercial Boulevard; and
Temp. Reso. 9589
November 28, 2001
Page 2
WHEREAS, NYCH Partners, Ltd., as owners of the Lyons Commercial Subdivision,
Lots 3-8, Block 9 have submitted a Lawyers Title Insurance Corporation Ownership Report,
certified to the City of Tamarac for said property, a copy of which is attached hereto as
"Exhibit 3"; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Assistant City Engineer that this conveyance of right-of-way be accepted and executed;
and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to accept and execute a conveyance of right-of-way agreement
with NYCH Partners, Ltd., for the Lyons Commercial Subdivision Lots 3-8, Block 9 project
located on the north side of Commercial Boulevard between Pine Island Road and NW
91 ST Avenue for the installation of the turn lane on Commercial Boulevard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
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: The appropriate City Officials are hereby authorized to accept and
execute the conveyance of right-of-way agreement with NYCH Partners, Ltd., for the Lyons
Commercial Subdivision, Lots 3-8, Block 9 project located on the north side of Commercial
Boulevard between Pine Island Road and NW 915t Avenue to allow legal access blithe
public.
Section 3: The City Clerk is hereby authorized and directed to record said
document in the Public Records of Broward County.
1
1
1
Temp. Reso. 9589
November 28, 2001
Page 3
Section 4: That 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
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED, AND APPROVED this 28th day of November, 2001.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
h ve proved this
I UTION as to
ITCHELUS. H
CITY ATTOR
J
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Ave/
DIST 1: COMM. PORTNER Aye,
DIST 2: COMM. MISHKIN A Pi
DIST 3: V/M SULTANOF Aver
DIST 4: COMM. ROBERTS_,4yer
"EXHIBIT "1"
SKETCHAND DESCRIPTION Page 1
Fog Development Inc.
LEGAL DESCRIPTION.•
A STRIP OF LAND LYING WITHIN A PORTION OF LOTS 4, 5, 6 & 7, BLOCK 9, L YONS
COMMERCIAL SUBDI14SION NO. 2, ACCORDING TO THE PLA T THEREOF, AS RECORDED IN
PLAT BOOK 69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING
MORE PAR77CULARL Y DESCRIBED AS FOLLOWS. -
COMMENCING A T THE NORTHEAST CORNER OF SAID LOT 3,• THENCE SOUTH 01 00,54" WEST"
ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 292.96 FEET TO THE NOR7N
RIGHT —OF —WA Y LINE OF NW 56th STREET (WEST COMMERCIAL BOULEVARD),• THENCE NORTH
8859'06" WEST, ALONG SAID NORTH RIGHT —OF —WA Y LINE, A DISTANCE OF 100.54 FEET TO
THE POINT OF BEGINNING; THENCE NORTH 82 08 32" WEST; A DISTANCE OF 100. 72 FEET TO
A POINT 12 FEET NORTH OF AND PARALLEL TO SAID NORTH RIGHT—OF—WAY LINE,• THENCE
NORTH 8859106" WEST, A DISTANCE OF 249.96 FEET; THENCE SOU 77/ 0I00'S4" WEST; A
D/STANCE OF 12.00 FEET TO SA/D NORTH RIGHT—OF—WAY LINE THENCE SOUTH 8859,06"
EAST, ALONG SAID NORTH RIGHT —OF —WA Y LINE, A D/STANCE OF 349.97 FEET TO THE
POINT OF BEGINNING.
SAID LANDS S17ZIA TE, L YTNG AND BEING /N BROWARD COUNTY, FLORIDA. CONTAINING 3599. E
SQUARE FEET MORE OR LESS.
NOTES:
1) THIS IS NOT A SKETCH OF SURVEY
2) Bearings shown hereon are based on the North line of Lott- (P.B. 69. PG. 43, a.C_R.)
South 88'59*oe" East.
3) This Sketch and Description consists of two sheets eets
and is not complete without both sheets. 4) This Sketch and Description is not valid without the signature and original roiled seal sh
Florida Licensed Surveyor and Mapper. a
5) The undersigned and David & Gerchor. Inc., make no representations or guarantees as to
the information reflected hereon pertaining to easements, rights —of —way, setback lines,
agreements and other matters, and further, this instrument is not intended to reflect or
set forth all such matters. Such information should be obtained and confirmed by others
through appropriate title verification. lands shown hereon were not abstracted for
rights —of —way and/or easements of record.
REVISIONS
DEAN M. GERCHAR OR E FIRM
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 5829
DAVID do GERCHAR, INC. LI3#8935
DATE I BY I CKD I FB
SCALE:
N/A
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DRAWN BY-
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99-224—TURN
CAD. FILE:
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DATE:
1/15/01
PROJ. FILE:
99-224
THIS IS NOT A SKETCH OF SURVEY
SHEET 7 OF 2
TURN LAAW RIGHT-OF-WAY
A PORTIONOFLOYS"4 TI,IRU7
BLOCK9, LYONS
C19ABMC IL
AMIMIONNO. 2
(PLilTBOCKQ, PAGE43, B.C.R.)
AVID &
ERCHAR, INC.
SURVEYORS AND M PERS
4301 Oak 1a strive 1
Boca Raton, Florida 33431
(561) 417-6173 - Pax: (561) 417-9619
SKETCHAADDESCR-flgnVAtPage 2
Fog .Development .Inc.
WEST PROPERTY LINE LOT 9� ..ier �NAP7NME5T G1Ci0tifOP a` LOr � BLOipY 9, LYCYV5
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PG. PAGE Lora 8% s, L M14 1tWs
B.C.R. BROWARD COUNTY RECORDS �i1L �t W uwr /va 2
n
P.O.C. POINT OF COMMENCEMENT ',)
P.O.B. POINT OF BEGINNING
P.O.T. POINT OF TERMINUS
O.R.B. OFFICIAL RECORD BOOK THIS IS NOT A SKETCH OF SURVEY
SHEET 2 OF 2
REVISIONS
TURNLANBRIGHl-OF- WA Y
A FOR2yONOFLOTS4 TMU7
BLOC x9, LYONS
COAMMML
SUBDI-PWONNO. 2
(HA TBOOK6q PAW44 $GR)
JOB N0:
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/pc: can. FILE:
N/A C:�TDWGS\99-224LEGAL
DRAWN BY: DATE:
O.M.G. 1 /15/01
CKD. BY: PROJ. FILE:
RRM 99-224
AVID &
ERCHAR, INC.
SURVEYORS AND MAPPERS
Boat �.� 3�3431
(561) 417-6173 • Fax: (561) 417-9619
"EXHIBIT "2"
Temp. Reso. #9589
Page 1
CITY OF TAMARAC RIGHT-OF-WAY
FOR: T RNLANE IMPROVEMENTS FOR LOT — 8. BLOCK 9(LYONS
COMMERCIAL SUB UIVISION UNIT N
NAME OF PROJECT
WovCM Bhc-
This conveyance of RIGHT-OF-WAY made this Ze day of ,
2001, by NYCH PARTNERLTD., a Florida limited partnership, having an address of
1745 W. FIQlcNer Avenue Tampa, Florida 33612, (hereinafter "Grantor"), and the City
of Tamarac, a municipal corporation of the State of Florida, having an address at 7525
Northwest 88th Avenue, Tamarac, Florida 33321, (hereinafter "Grantee"). (Whenever
used herein, the term "Grantor" and "Grantee" shall include the respective successors
and assigns of the parties hereto, whenever the context so admits or requires).
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in Broward
County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred
to as "Servient Estate"); and
WHEREAS, Grantor desires to convey unto Grantee said real properties for use
as public right-of-way.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable considerations paid by each of the parties hereto to the other
party, receipt of which is hereby acknowledged by both parties, the parties hereto do
hereby grant and agree as follows:
1. Grantor hereby grants and conveys to Grantee, its successors and
assigns, the Servient Estate for use as public right-of-way.
3
"EXHIBIT "2"
Temp. Reso. #9589
Page 2
2. The provisions of this conveyance of public right-of-way shall be binding
on the parties hereto and the respective successors and assigns as a covenant running
with and binding upon the Servient Estate.
3. This public right-of-way shall not be released or altered without consent of
the Grantee.
3
"EXHIBIT "2"
Temp. Reso. #9589
Page 3
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
Witnesses:
wms. �
• : -
Type Name Os-LoLl
STATE OF FLORIDA
SS
COUNTY OF HILLSBOROUGH :
(GRANTOR)
NYCH PARTNERS, LTD.
By: Durbneck, Inc., its gene I partner
By:
-loMich el P. Rice
As its Vice President
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared Michael P. Rice. as Vice President of Durbneck. JI]r,. g FlQridacorporation,
on behalf of the corporation, as the sole general partner of UyQlj PARTNERS,_ LTD.,_a
Florida limited partnership, to me known to be the person(s) described in and who
executed the foregoing instrument and he acknowledged before me and under oath that
he executed the same.
WITNESS my hand and official seal this .24- day of ,
200 1 .
NOTARY PUBLIC, State of Florida
Myrna W. Garner at Large
MY COMMISSION # CC779363 EXPIRES g
September 29, 2002
'�Rr tk BONDED THRU TROY FAIN INSURANCE, INC
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
(personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or (✓f DID NOT take an oath.
3
"EXHIBIT "2"
Temp. Reso. #9589
Page 4
ATTEST:
By:
JefFre . Mill,
City anao4r
ATTEST:
By:
Marion Swenson, MC
City Clerk -
STATE OF FLORIDA
SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
�6c -
Joe cVeiber
Mayor
Dat c,7 1v%1, V e art &t v' 2 �' d /
By:
Jeffrey L. ViVer
City Manager
Date
COUNTY OF &----W 0) : V ,
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Jai° & E, Je ffr,e- 16#ee to me known to be the person(s) described in and
who executed the fore oing instrument and 4-hec I acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this AS day of 1\(0VZr-,i lac t— ,
200 1 .
�rrrrrrrr�rrrrrrrrrr rr rwrrrrr�
�
� r
� r
�
�AA'AAAAAA
A A AAAAAAA AAAA
( ✓f Personally known to me, or
( ) Produced identification
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or DID NOT take an oath
4
"EXHIBIT 112"
Temp. Reso. #9589
Page 5
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
MORTGAGEE
w
By:
Type Name 6(�.� 9/46C E-WAO'
President
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF ; borou h
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the ounty aforesaid to take acknowledgments, personally
appeared P to me know to be the person(s)
described in cYnd v76o executed thgg foregoing instrument and acknowledged
before me and under oath that ne executed the same.
WITNESS my hand and official seal this a?7M day of ,
200] .
(Personally known to me, or
( ) Produced Identification
MY COMMISSION # D 012122
rg e ' � , t Bonded EXPIRES:
A dI 2 U�rltere
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
5
EXHIBIT "A"
"EXHIBIT "2"
Temp. Resa. #9589
Page 6
SKETCHANDDESCR-hDTION
Fog Development Inc.
LEGAL DESCRIP77ON.-
A STRIP OF LAND LYING WTVIN A PORTION OF LOTS 4, 5, 6 & 7 BLOCK 9. LYONS
COMMERCIAL SUBDIIOSION NO, .2, ACCORDING 70 7H£ PLAT THEREOF, AS RECORDED /N
PLAT BOOK 69, PAGE" 4J OF THE" PUBLIC RECORDS OF RRO WARD COUNTY, FLOR/0 B£lNG
MORE' PARTICULARL Y DESCRIBED AS FOLLOWS
COMMENCING AT 7H£ NOR 7HEAST CORNER OF SAID LOT 3,• THENCE SOUTH 01VO'54" WEST,
ALONG TH£ EAST LINE OF SAID LOT 3, A DISTANCE OF 292.96 FEET TO THE NORTH
RICHT—OF--WAY LINE OF NW 36M STREET (WEST COMMERCIAL BOULEVARD); THENCE NORTH
9d'5906" WEST. ALONG SAID NORTH RIGHT-OF-WAY LINE: A DISTANCE OF 100.54 FEET TO
7H£ POINT OF BEGINNING,THENCE NORTH 82T08'32" WEST, A 015TANCE OF 100.72 FEET TO
A POINT 12 FEET NORTH OF AND PARALLEL TO SAID NORTH RIGH7=0F WAY LINE, • THENCE
NORTH 8859'06" {BEST, A DISTANCE OF 249.96 FEEY• THENCE SOUTH 01,00154" WEST, A
DISTANCE OF 12.00 FEET TO SAID NORTH RIGHT -OF -WA Y LINE, THENCE SOU774 88'59 06"
EAST ALONG SA10 NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 349.97 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. CONTAINING 3599.6
SOUARF FEET MORE OR LESS.
NOTES
t) THIS IS NOT A SKETCH OF SURVEY
2) Reeringe �Itarn hereon are baaad an the North line of Lott (P-R. 89, PG. 44, R.CR)
South f18-59'06- East
3) This Skatah and Deeariptieh eeneistc of two sheets and is not e,mplet., with_t both shoats.
4) This Sketch and Descrfpttbn Is net valid without the signature and oelglndl roiled seal of o
Flarkla Lkensod Surveyor and Mapper.
5) The undersigned and David & Gerchar, Inc., make no representations ar guarantees as to
the InfymEt.bn refloated hereon Pertaining to co%aments, rightr-e/-way, setback lines
agreements and other matters end Anther, this Instrument Is not Intended to reflect or
set forth as mm such matters. Such inforatian should be obtained and confirmed by others
through oppr",%ffte title varifleatkrn, loads ■hewn hereon were net abdteacted far
rights-af-way and/err aaea.nenta of record.
THIS IS NOT A SKETCH OF SURVEY
SHEET 1 OF 2
REMSIONS
DATE
BY
CKD
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CAD. FILE:
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BRAWN MY,
DATE. !/!Slot
DEAN M_ GERCHAR FOR THE FIRM
PROFESSIONAL SURVEYOR AND MAPPER
PLORIPA RI"GIS7Rn7lON NO. Sa29
DAMD & GCRCHAR, INC. L3#69W
RUVEYORS AND MAPPM
CKD. EY:
RRtA
PROJ. FILE:
e9-224
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(561)417-6173-F=(MI1417-96T9
"EXHIBIT "2"
EXHIBIT "A" m -Reso #9589
SKETCHAND DESCRIPTION
Fog Developmcwt &c.
WEST PROPERTY LINE LOT 3
41 WINgESr aae�ax L�
40T A ELOCK A J.XM
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B.C.R. BROWARD COUNTY RECORDS
COMMENCEMENT
^ _
'
P.O.C. POINT OF
P_O.B. POINT OF BEGINNING
V
RECORD BOOK T. POINT TERMINUS
P.O.B. OFFICIAL
O.R.
THIS IS NOT A SKETCH OF SURVEY
SHEET 2 OF 2
REVISIONS
PATE
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CKO
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COMMML
SUREMMON� a
DRAWN BY:
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4301
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RPM
99 27l
(561)417-6173-P=(561)417-9619
ge 7
- P I P E R
MARBURY
RUDNICK
&WOLFE UP
Suite 2000
101 East Kennedy Boulevard
Tampa, Florida 33602-5148
www.piperrudnick.com
PHONE. (813) 229-2111
FAX (813)229-1447
September 17, 2001
VIA FEDERAL EXPRESS
Mauro Burgio
City of Tamarac
Public Works
6011 Nob Hill Rd.
Tamarac, FL 33321
"EXHIBIT 663"
Temp. Reso. #9589
Page 1
WRJTFR'S INFORMATION
paula.casey@piperrudnick.com
PIIONr•, (813)222-5917
FAX (813)371-1114
226363-020001
Re: Decel Lane on Commercial Avenue at Commercial & Pine, Broward
County, Florida
Dear Mr. Burgio:
Enclosed is original Lawyers Title Insurance Corporation Ownership and
Encumbrance Report dated September 14, 2001 and certified to the City of Tamarac,
together with copies of all the supporting documents listed therein.
Sincerely,
PIPER MARBURY RUDNICK & WOLFE LLP
Paula K. Casey
Paralegal
PKC/mcf
Enclosure
n
cc: Myrna Garner (w/Report only)
John T. Diamandis (w/Report only)
C7
en
398331
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CHICAGO I WASHINGTON I BALTIMORE I NEW YORK I PHILADELPHIA I TAMPA I DALLAS I PES'ION I LOS ANGELES
"EXHIBIT "3"
Temp. Reso. #9589
Page 2
OWNERSHIP AND ENCUMBRANCE REPORT
Case No. 0112651
This will serve to certify to the City of Tamarac, a Florida municipal corporation,
("Certified Party") that Commonwealth Land Title Insurance Company, (CLTIC), has
caused to be made a search of the Public Records of Broward County, Florida,
("Public Records") as contained in the office of the Clerk of the Circuit Court of said
County, through August 19 2001, at 7:45 o'clock A.M., as to the following described
real property lying and being in the aforesaid County, to -wit:
Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 9 of LYONS COMMERCIAL SUBDIVISION UNIT
NO. 2, according to the plat thereof, as recorded in Plat Book 69, page 43 of the
public records of Broward County, Florida.
LESS AND EXCEPT THE FOLLOWING FOR RIGHT-OF-WAY FOR WEST COMMERCIAL
BOULEVARD.:
1) The South 7 feet of each lot;
2) The East 19 feet of Lot 1;
3) All that portion of Lot 1 lying Northeasterly of the long chord of an arc which is
concave to the Southwest, having a radius of 35 feet, tangent to a line 19 feet
West of and parallel with the East line of said Lot 1, and a tangent to the North
line of said Lot 1;
4) All that portion of Lot 1 lying Southeasterly of the long chord of an arc which is
concave to the Northwest, having a radius of 35 feet, tangent to a line 19 feet
West of and parallel with the East line of said Lot 1, and a tangent to the South
line of said Lot 1;
ALSO LESS AND EXCEPT THE FOLLOWING PARCELS:
A portion of Lots 1, 2 and 3 in Block 9 of LYONS COMMERCIAL SUBDIVISION
UNIT NO. 2, according to the plat thereof, as recorded in Plat Book 69, Page 43
of the public records of Broward County, Florida, being more particularly
described as follows:
BEGINNING at the Northwest corner of said Lot 1; thence South 88 deg 59 min
06 sec East along the North line of said Lot 1, said line being contiguous with the
South right-of-way line of Northwest 57th Street, a distance of 146.63 feet;
thence South 44 deg 30 min 21 sec East, a distance of 49.05 feet to a point on
the West right-of-way line of Northwest 88"' Avenue, also know as Pine Island
Road; thence South 00 deg 01 min 37 sec East along said right-of-way line, a
distance of 223.00 feet; thence South 45 deg 29 min 39 sec West, a distance of
49.95 feet to a point on the North right-of-way line of Northwest 56th Street, also
known as West Commercial Boulevard; thence North 88 deg 59 min 06 sec West
along said North right-of-way line, a distance of 150.68 feet to the point of
intersection with the West line of aforesaid Lot 1, said line being contiguous with
the East line of the aforesaid Lot 2; thence continue North 88 deg 59 min 06 sec
West along said right-of-way line, a distance of 98.32 feet; thence North 00 deg
01 min 37 sec West, a distance of 92.28 feet to the West line of said Lot 2;
thence continue North 00 deg 01 min 37 sec West, a distance of 200.73 feet to
the North line of aforesaid Lot 3, said line being contiguous with the South right-
of-way line of Northwest 57th Street; thence South 88 deg 59 min 06 sec East
along said right-of-way line, a distance of 3.65 feet to the Northwest corner of
v
"EXHIBIT "3"
Temp. Reso. #9589
Page 3
said Lot 2; thence continue South 88 deg 59 min 06 sec East, a distance of
100.00 feet to the POINT OF BEGINNING.
2. A portion of Lots 4, 5, 6 and 7, Block 9 of LYONS COMMERCIAL SUBDIVISION
UNIT NO. 2, according to the plat thereof, as recorded in Plat Book 69, Page 43
of the public records of Broward County, Florida, being more particularly
described as follows:
Beginning at the Northwest corner of said Lot 6, thence South 88059'06" East, a
distance of 100.00 feet to the Northwest corner of said Lot 5; thence continue
South 88059'06" East, a distance of 96.32 feet, the last two calls being coincident
with the South right-of-way line of N.W. 57th Street; thence South 001101'37"
East, a distance of 202.55 feet to the East line of said Lot 5; thence continue
South 00001'37" East, a distance of 78.69 feet; thence North 82008'32" West, a
distance of 1.44 feet to the East line of said Lot 5; thence continue North
82' 08'32" West for a distance of 0.55 feet; thence North 88059'06" West, a
distance of 99.46 feet to the West line of said Lot 5; thence continue North
88059'06" West, a distance of 98.61 feet; thence North 00001'37" West, a
distance of 76.64 feet to the West line of said Lot 6; thence continue North
00001'37" West, a distance of 204.37 feet to the South right-of-way line of N.W.
57th Street; thence South 88059'06" East, a distance of 3.71 feet to the POINT OF
BEGINNING.
As of the effective date of this Report the apparent record fee simple title owner(s)
to the above described real property are:
1. NYCH Partners, Ltd., a Florida limited partnership by virtue of that certain
Trustee's Warranty Deed recorded in O.R. Book 30699, page 1424.
Real estate taxes, according to the aforesaid Public Records, have been paid up to
and including the year 2000.
The following liens and encumbrances against the said real property recorded in the
aforesaid Public Records have been found:
1. Restrictions, easements and dedications as shown and/or set forth on plat
recorded in Plat Book 69, page 43, as affected by Resolution recorded in O.R.
Book 30783, page 93.
2. Declaration of Covenants, Conditions, Restrictions and Easements recorded in
O.R. Book 30699, page 1432, as amended by instrument recorded in O.R. Book
31903, page 598.
3. Mortgage and Security Agreement recorded in O.R. Book 30699, page 1458, as
affected by Notice Pursuant to Section 697.04 (1) Florida Statutes recorded in
O.R. Book 30699, page 1538. Partial Releases of Mortgage being recorded in O.R.
Book 31674, page 32 and O.R. Book 31932, page 1261.
4. Assignment of Rents and Leases recorded in O.R. Book 30699, page 1486, as
amended by Partial Releases of Mortgage being recorded in O.R. Book 31674,
page 32 and O.R. Book 31932, page 1261.
5. UCC-1 Financing Statement recorded in O.R. Book 30699, page 1494, as
amended by Partial Releases of Mortgage being recorded in O.R. Book 31674,
page 32 and O.R. Book 31932, page 1261.
"EXHIBIT "3"
Temp. Reso. #9589
Page 4
6. Notice of Commencement recorded in Official Records Book 30711, page 123, as
amended by instruments recorded in O.R. Book 30958, page 1234 and O.R. Book
31014, page 66.
7. Tamarac Utilities Water and Sewer Easement in favor of the City of Tamarac, a
municipal corporation, recorded in O.R. Book 31009, page 1394.
8. Utility Easement Encroachment and Hold harmless Agreement between the City
of Tamarac and NYCH Partners, Ltd., recorded in O.R. Book 31136, page 311.
9. Easement recorded in Official Records Book 31325, page 1205.
10.Tamarac Utilities Public Safety Ingress/Egress Easement recorded in Official
Records Book 31677, page 929.
11.Tamarac Public Utility Easement recorded in Official Records Book 31677, page
944.
12.Tamarac Utilities Water and Sewer Utility Easement recorded in Official Records
Book 31677, page 955.
Public Records shall be defined herein as those records currently established under
the Florida Statutes for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without knowledge.
This Report shows only matters disclosed in the aforesaid Public Records, and it does
not purport to insure or guarantee the validity or sufficiency of any documents noted
herein; nor have the contents of any such documents been examined for references
to other liens or encumbrances. This Report is not to be construed as an opinion,
warranty, or guarantee of title, or as a title insurance policy; and its effective date
shall be the date above specified through which the Public Records were searched.
This Report is being provided for the use and benefit of the Certified Party only, and
it may not be used or relied upon by any other party. This Report may not be used
by a CLTIC agent for the purpose of issuing a CLTIC title insurance commitment or
policy.
In accordance with Florida Statutes Section 627.7843 the liability CLTIC may sustain
for providing incorrect information in this Report shall be the actual loss or damage
of the Certified Party named above up to a maximum amount of $1,000.00.
IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused
this Report to be signed and sealed by an authorized signatory employee on
September 14, 2001 all in accordance with its By -Laws.
Issued at:
LandAmerica
1302 N. 19"' Street, Suite 200
Tampa, Florida 33605
By:
Carol Hall, CLS
Commercial Title Examiner
Authorized Signatory Employee