HomeMy WebLinkAboutCity of Tamarac Resolution R-99-202Temp. Reso. #8720
Page 1
August 12, 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99-0o'-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, ACCEPTING A RIGHT OF WAY
DEED FOR CERTAIN PRIVATE ROADS WITHIN THE
LANDINGS OF CYPRESS GREENS SUBDIVISION,
AUTHORIZING THE RECLASSIFICATION OF SAID PRIVATE
ROADS TO PUBLIC ROADS AND INCLUDING SAID ROADS
AS PART OF THE SEVEN YEAR COMPREHENSIVE
STREET IMPROVEMENT PROGRAM; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 24, 1988, the Landings of Cypress Greens conveyed to
the City of Tamarac, a Right Of Way Deed inclusive of NW 901h Avenue, NW 91" Avenue,
and portions of NW 80th Street and NW 61' Street for the purpose of a public road right-of-
way, a copy of said Right Of Way Deed is hereto attached as Exhibit "A"; and
WHEREAS, plat research has revealed that the aforementioned roads within the
Landings of Cypress Greens subdivision remain classified as private roads; and
WHEREAS, research of City records has revealed no formal acceptance of the
Right Of Way Deed and reclassification of the roads from private to public;
WHEREAS, on July 22, 1998, the City Commission approved the Seven Year
Comprehensive Street Improvement Program through Resolution No. R-97-247; and
WHEREAS, the Public Works Department is currently preparing to begin Phase II -A
of the Seven Year Comprehensive Street Improvement Program which includes public
roads within the Landings of Cypress Greens subdivision; and
WHEREAS, acceptance of the Right Of Way Deed and reclassification of the
aforementioned roads from private to public are necessary prior to the City performing
Temp. Reso. #8720
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August 12, 1999
street improvements; and
WHEREAS, representatives of the Landings of Cypress Greens subdivision have
requested that the aforementioned roads be included in the Seven Year Comprehensive
Street Improvement Program; and
WHEREAS, it is the recommendation of the City Manager, the Director of Public
Works, and the Assistant Director of Public Works that the City of Tamarac accept the
Right Of Way Deed from the Landings of Cypress Greens subdivision, authorizing the
reclassification of the roads from private to public, and including them as park of the Seven
Year Comprehensive Street Improvement Program; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens of Tamarac to accept the Right Of Way Deed from the
Landings of Cypress Greens subdivision, authorizing the reclassification of the roads from
private to public, and including them as part of the Seven Year Comprehensive Street
Improvement Program.
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 Right Of Way Deed inclusive of NW 90t' Avenue, NW 911 Avenue
and portions of NW 601h Street and NW 61" Street from the Landings of Cypress Greens
to the City of Tamarac is HEREBY accepted and said roads shall HEREBY be classified
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Temp. Reso. #8720
Page 3
August 12, 1999
as public roads.
SECTION 3: The aforementioned roads shall HEREBY be included as part of
the Seven Year Comprehensive Street Improvement Program.
SECTION 4: 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 of
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 c�5 day of , 1999.
ATTEST:
/ -/
CAROLiz
i' �.:a ..
I HERBY CERTIFY that I have
Approved this RESOLUTION G
MITCHELL S. KRAFT�/
CITY ATTORNEY G/
F401;l0�
r m 6 W�lz M.
IWCORD OF COMMISSION
DIST 1:
DIST 1:
DIST W.
DIST 4:
EXHIBIT "A"
Temp Reso #8720
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88099413 J_. P�.d
f ,,.nurr
R l fi'T OF WAY DEED 0rawerd CAun�y is Svc
M THE CITY OF TAMARAC iaa a$ reauKcd w•
STATE OF FLORIDA
CQ UTry OF BROWARD
THIS INDENTURE, made this-244day of_,�_c1r , 19 rl; by and
between THE LANCtNCS 0,4 CYpRESS_CREE!j§ wFiose address is r.-
Ave is FTF 7 33327 e
�TT�-�)-TAB; a mun:cipaT corporaeion ofethe rStaterof Florida,
and its successors in i-:terest, whose principal place of business is 5311 Northwest SSth Avenue, Tamarac, Broward County, Florida
33321, party of the second.
WITNESSETH: e�
That the said party of the first part, for and in
consideration of the sum of One Dollar ($1.00) to it in hand paid
by the party of the second part, receipt whereof is hereby
acknowledged, and for other and further pood and valuable
considerations, does hereby grant, bargain and sell to the party
Of the second part, and its successors in interest, for the
purpose of a public road right-of-way and purposes incidental
thereto, the following described land, situate, lying and being in
the County of Broward, State of Florida, to wit:
EXHIBIT A ATTACHED HERETO
It is the intention of the party of the first part by this
instrument to convey to the said City, and its successors in
interest, the land above described for use as a public road right
of -way and for all purposes incidental thereto.
The said party of the first part will defend the title to
as
said land against the lawful claims of all persons whomsoever,
Claiming by, through or under it.
ro
IN WITNESS WHEREOF, the said party of the first part has ^J
signed and sealed these presents on this, the day and year first ems-,
above written.
Slned Scale nd Delivered p
in 1our�pres e:a
O By. LAW :'.
STATE OF FLORIDA
COLMY OF ORQVARD j SS
l3efOfe me personal I appeared LEN L A 0 T /r-"
CO nx w�TT` npwn an���(nOwn CO mC CD a the per]On ] escri —in
and who executed the foregoing instrument, and acknowledged to and
before me that -- p
executed said ina[cume,+.c Tor tFic-purpos�i herein cexpressed.
WITNFCS m hand and official seal, this ,7 day of `rinliJ�t P.�
A.D. 19 g.
4 -�Iy COMMission expires:
.^
�J au
State of Florida
0
EXHIBIT "A"
Temp Reso #8720
•
MORTCACEE's CONSENT
The undersigned hereby certifies that it is the holder of/a
mortgage'frpon the property described hereon and does he by
join and consent to the right-of-way deed granted by t c
owner thereof and agrees that its mortgage which is r corded
in official records book page of the p I i c I
records of Broward County; iTorida, shaTT-be subor mated to
the right;of-way deed, without impairing the lien of that
mortgage on the remaining part of the property scribed in
the mortgage.
»��_�.__ By:
'W"i m o s s T
as
Ln
STATE OF FLORIDA ) NJ
SS: ON
COUNTY OF ) r,3
ci
Before me ersonally appeared 7%
to me well known a d known to me to be the erson who"o c xccu»
ted the foregoin instrument acknowied$c to and before me CM
that executed said document for the
purpose [1-ierc� express'eU7
W1 SS my hand and official seal this
day of _ ----- .. , 198
-Noeacy Fu[;T c o`i tate oT
Florida at Large
My commission expires:
•
C�
•
EXHIBIT "A"
Temp Reso #8720
LEGAL DESCRIPTION FOR 50 FOOT RIGIIT-OF-WAY F�
(THE LANDINGS ON CYPRESS GREENS TRACT 6)
t
1_1 1
IK /!� sa•• P�'r
TRACT 6
t
A � SIP-J�' •^ �'�
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ti lam..' ei
tlPra.a f i •Q`.' .ww
14
�tJLx� y r�wn Jam
�rsAc rs' h
,� i1(I/� Ji' OJ'•j I
Y
Tract 6
� sra. rar•
Oar .
r Adr 6
w"wavw,tr+ �s ao'
!'C.GQV� QA TA - re
otwrr+ so'
NOTE, The above is a Legal Descriotion
as shown a -id not a Land
Boundary Sttrvev.
1
SURVEYOR'S CERTIFICATE EXHIBIT A Sheet
1 hetaay cart toy that a racont euryey of the abows described ptoparty was mad* under my rsaoonPfd* direct sort one woervre,on and the,
lhae* are no stioya ground encroachments unless otherwise noted. 1 further Conroy that this cur we, meets 1M fn,nrmurr. teen -wrest
etandatda as to, forth oy the Flonda Board of Land Survevan pursuant 10 Section a72.07 Florida Statutas ano trio nwn,mvm
rw)ultements of the F LTA. I
KALE l" loo,
SURVEY DATE lanuarf 7ch 1988
alw4
l I
R.T. BOGL.E & ASSOC. INC.
LANOSURV[YORS 9081AT T. 80"L#
Ye9Kageed f-wfw lirtvertnar wo. 327T
70e0 Taft Sa*et. Hollywoa4 M. 33024Little
VATt t,*# FLONIVA i
�aMri
EXHIBIT "A"
Temp Reso #8720
•
LEGAL DESCRIPTION FOR 50 FOOT RIGHT-OF-WAY
(THE LANDINGS ON CYPRESS GREENS TRACT 6)
Being; a portion of Tract 6, "THE LANDINGS ON CYPRESS GREENS", as re,-orded in
Plat Book L31 Page 31 of the Public Records of Broward Councy, Florida, being
more particularly described as follows:
Commence at the Southwest corner of said Tract 6. thence North 0023'57" West
(8eurings based an said plat) along the West line of said Tract 6 for 211.33
feet to the Point of Beginning; thence North 89036*03" East for 91.00 feet
to .1 point of curvature thence on a curve to the right having a radius of
25 luec a central angle of 900for an arc distance of 39.27 feet to a point
of i-sngency; thence South 0023'57" East for 62.33 feet; thence North 89036'
UJ" East for 465.68 feet; thence North 1a26'21" West for 50.01 feet; thence
South 89036'03" West for 88.00 feet to a point herein after called Point "A";
thence South 89036'03" West for 301.76 feet to a point of curvature thence an
a cu ir+e to the right having a radius of 25 feet a central angle of 900for an
arc distance of 39.27 feet to a point of tangency; thence North 0023'57" West
for 1i6.00 feet to a point of curvature thence along a curve to the right
having a radius of 25 feet a central angle of 90°for an are distance of 39.27
feet to a point of tangency; thence North 89036'03" East for 386.76 feet;
thence North 1026'21" West for 50.01 feet; thence South 89036'03" West for
460.84 feet; thence South 0023'57" East for 103.67 feet to a point of
curvature thence along a curve to the right having a radius of 25 feet a
central angle of 900for an arc distance of 39.27 feet to a point of
Ean};exicy; thence South 89036'03" West for 91.00 feet to a point on the West
line of said Tract 6; thence South 0023'57" East along the West line of
Tract 6 for 50.00 feet to the Point of Beginning.
TOCFTHER WITH
Begin at the aforementioned point "A"; thence South 89036'03" West for L00.0.
feet to a point on a tangent curve radial line through the said point bears
South 0023'57" East; thence Northeast along a curve concave to the Northwest
having a radius of 25 feet a central angle of 900for an are distance of
39.27 feet to a point of tangency; thence North 0023'57" West for 116.00
feet to a point of curvature thence along a curve to the left having
,t r.,dius of 25 feet a central angle of 900for an are distance of 39.27 feet
to .l point of tangency; thence North 89036'03" East for 100.00 feet to a
Point on a tangent curve concave radial line through said point bears North
0021'57" West; thence Southwest along a curve concave to the Southeast
having a radius of 25 feet a central angle of 900 for an arc distance of
39.+7 feet to a point of tangency; thence South 0023'57" East for 116.00
feet to a point of curvature; thence along a curve to the left having a
radius of 25 feet a central angle of 900 for an arc distance of 39.27
feet to the aforesaid Point "A".
-wE 7r;rU. F:Gi?�� :A
A. HESTER
EXHIBIT A Sheet 2 of 2