HomeMy WebLinkAboutCity of Tamarac Resolution R-70-035CITY OF TAMARAC, FLORIDA
RESOLUTION # �a�
WHEREAS, the MAINLANDS OF TAMARAC LAKES, SEVENTH
SECTION, according to the Plat thereof, as recorded in Plat
Book 68, Page 4, of the Public Records of Broward County,
Florida, shows the dedication of a ten -foot access easement
on Lot 56, Block 131, and
WHEREAS, a single-family residence has been con-
structed on said lot encroaching on the access easement, and
WHEREAS, the City of Tamarac, Florida, Behring
Properties, Inc., and Tamarac Utilities, Inc. have no objec-
tion to vacating the aforesaid access easement and the Broward
National Bank, named as the Mortgagee in the Plat of the
MAINLANDS OF TAMARAC LAKES, SEVENTH SECTION, has no further
interest in the above -described lot, and
WHEREAS, there presently exists and remains a similar
ten -foot access easement contiguous to the above -described
easement located on Lot 57, Block 131, of the above -described
Plat, said lot being contiguous to that lot hereinbefore
specified, which is of sufficient width and length to serve
all purposes reasonably required of such easements, and
WHEREAS, the City has been advised by the City
Engineer that the City has no need to retain said easement
and further that there are no utilities utilizing said ease-
ment, and
WHEREAS, the City Engineer has rendered his opinion
indicating from an engineering standpoint that there is no
reason not to vacate said easement.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of
the City of Tamarac, Florida,
1. That the ten -foot access easement presently ex-
isting on Lot 56, Block 131, the MAINLANDS OF TAMARAC LAKES,
SEVENTH SECTION, according to the Plat thereof, as recorded
in Plat Book 68, Page 4, of the Public Records of Broward
County, Florida, further and more particularly described as
follows:
A portion of the Southerly 10 feet of Lot 56,
Block 131, THE MAINLANDS OF TAMARAC LAKES,
SEVENTH SECTION, according to the plat thereof,
as recorded in Plat Book 68, Page 4, of the
Public Records of Broward County, Florida,
being more particularly described as follows:
Commencing at the Southwesterly corner of said
Lot 56; thence N-66054' 29" - E, along the
South line thereof, a distance of 10.0 feet to
the Point of Beginning; thence continuing N-66°
54' 29" - E, a distance of 65.00 feet to an
intersection with the arc of a circular curve
to the left, having a radius of 110 feet; thence
Northerly, along said arc, a distance of 10.01
feet; thence S-660 54' 29" - W, parallel with
the South line of said Lot 56, a distance of
65.67 feet to an intersection with the arc of
a circular curve to the right, having a radius
of 45.0 feet; thence Southerly, along said arc,
a distance of 10.01 feet to the Point of Beginning.
be and the same is hereby vacated, set aside and held for naught.
2. That the vacating of the access easement described
herein shall in no way affect the existing ten -foot utility
easements at the front and at the rear of Lot 56, Block 131,
THE MAINLANDS OF TAMARAC LAKES, SEVENTH SECTION, according to
the Plat thereof, as recorded in Plat Book 68, Page 4, of the
Public Records of Broward County, Florida.
3. That the Mayor and City Clerk are hereby instructed
to execute that Deed, copy of which is attached hereto and made
a part hereof, granting the City's easement and interest in the
subject property to Berwyn J. Fry.
PASSED, ADOPTED AND APPROVED this /,�,t-day of
1970.
ATTEST:
,.-MAOR
VICE -MAYOR
C`I__T CLERK
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Wherever used herein, the term "party" shall include the heirs, personal representatlues, �' S
srrtessnn and /or nssirns of the, rr.+prrfi yr ryvlirs hereto; the uwe of the singular namber ( 111
shrt11 include the plural, and the plural the sinifular; the rue of any pewdrr shall ineGuie
al i genders; and, if used, the term "note" shall Lnelude 011140 not" henind"eribed it awn
than eM .
day of
.4. D. 19
CITY OF TAMARAC, a municipal corporation of the State of Florida,
, of the County of
Broward and State of Florida party of the first part,
and
BERWYN J. FRY,{
of the County of
Broward and ,State of Florida party of the second part,
Witnesseth, that the said party of the first part, for and in consideration of
the sum of One and no/100---------------------------------------Dollars,
in hand paid by the said party of the second part, the receipt whereof is hereby acknowl-
ed. ed, has remised, released and quitclaimed, and by these presents does remise,
release and quitclaim unto the said party of the second part all the rif'ht, title, interest
claim and demand which the said party of the first part has in and to the followinff
described lot , piece or parcel of land, situate lyinff and beinff in the County of
Broward State of Florida, to wit:
A portion of the Southerly 10 feet of Lot 56, Block 131,
THE MAINLANDS OF TAMARAC LAKES, SEVENTH SECTION, according
to the plat thereof, as recorded in Plat Book 68, Page 4,
of the Public Records of Broward County, Florida, being
more particularly described as follows:
Commencing at the Southwesterly corner of said Lot 56;
thence N-66°54' 29" - E, along the South line thereof, a
distance of 10.0 feet to the Point of Beginning; thence con-
tinuing N-66°54' 29" - E, a distance of 65.00 feet to an
intersection with the arc of a circular curve to the left,
having a radius of 110 feet; thence Northerly, along said arc,
a distance of 10.01 feet; thence S-66054' 29" - W, parallel
with the South line of said Lot 56, a distance of 65.67 feet
to an intersection with the arc of a circular curve to the
right, Navinqq a radius of;45.0 feet• thence Southerly, along
said arc, a d'stan 10.01 feet �o,the Point Be innin
T® Have an to no the same, to_%ether with all and singlaar the
appurtenances th, er��cr�to be or or in anywise appertaininf', and all the estate,
ri_sht, title, interest and, claim ,whatsoever of the said partr� of the first part, either in
law or equity, to the only prgper use, benefit and behoof of the said party of the second
part.
In WitneSS Whel°e0f, the said party of, the firstpart has hereunto set his
hand and seal the day and year first above written.
Signed, Sealed and Delivered in Our Presence: C I T AMA
By : BARBARA L . FUES S
1
ADELINE C. SKIRTMONT
EMILIE J. SLAVINSKI
AUGUST LIBRENZ
Sia$e 0f Florida,
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ATTEST: City Clerk
X 1 P,
County of Broward i
I HEREBY CERTIFY, That on this day personally appeared before me, an officer
duly authorized to administer oaths and take acknowledgments, CHARLES J.
PASTOR, MAYOR, AND JAMES W. CURRAN, CITY .CLERK, OF THE CITY OF
TAMARAC, FLORIDA.
to me well known to be the persons described in .and who executed the fore¢oing
instrument and they acknowledged before me that they
executed the same freely and voluntarily for the purposes therein expressed.
WITNESS, my hand and official seal at THE CITY OF TAMARAC, CITY HALL
County of BROWARD , and State of Florida, this fourteenth
day of September .4• D. 19 70
b_y/ Laura Zoe Stuurmans
Notary Public
.My Con: rn i -Won Expires 1 / ti � n
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LAW OFFICES
WILLIAM ALLEN MORSE
RICHARD F. ZIMMERMAN
ROBERT H. MORINER
wILLIAM ALLEN MORSE
SUITE 205
2810 EAST OAKLAND PARK BOULEVARD
FORT LAITDERDAT.E, FLORIDA 33306
August 10, 1970
TELEPHONE
563-3266
Alan J. Goldberg, Esquire
Suite 609
2881 East Commercial Boulevard
Fort Lauderdale, Florida
Re': Access --Easement Encroachment on Lot 56,
Lot 131, The Mainlands of Tamarac Lakes,'
Seventh Section --Berwyn, J Fry
Dear Alan:
In response to a letter from James T. Moore concerning
the above captioned property and the owner's request that the
easement adjoining his property be vacated,, I would state that
the company would have no objections to the City vacating the
ten -foot easement existing on Lot 56 and Lot 57, Block 131
of the Mainlands of Tamarac Lakes, Seventh Section.
Should you have any questions, do not hesitate to con-
tact me.
Sincerelg yours,
Robert H. Moriner
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POST OFFICZ COX 23063 PITONS 072-43GO 7801 N.W. 61rst STRUiST
PT. LAUDEROALU, FLORIDA 33307 AREA CODE 305 TAMARAC, PLORIDA
August 7, 1970
Mr. Allen J. Goldberg .
Tamarac City Attorney
City of Tamarac
5000 Rock Island Road
Ft. Lauderdale, Fla.
RE: Access Easement Encroachment on Lot 56, Block 131, The Mainlands of
Tamarac Lakes, Seventh Section. File #1289-M
Dear Mr. Goldberg,
In regard to the above mentioned easement, we do not have any
Utilities installed in this Access Easement and therefore, grant our
permission for the issuance of this Ordinance in accordance with the
request.
Very truly yours,
TAMARAC UTILITIES, INC.
•/�•.--' „sue-�i� s�.y�•�� '_ •
Carl S. Burbridge
President
CSB/lz �'•
` 1699 EAST OAKLAND PARK BLVD.
OAKLAND PARK
FORT LAUDERDALE, FLORIDA µ
33308
DAVIS and. CRAVEN,
CIVIL AND CONSULTING ENGINEERS
LAND SURVEYORS
HUGH R. (DICK) DAVIS LAND PLANNERS
Rey. Lend Surveyor
GEORGE W. CAULFIELD LAND DEVELOPMENT CONSULTANTS
Reg. Land Surveyor
Mr. J. W. Curran
City Clerk -Administrator
City of Tamarac
P.O. Box 8511 '
Fort Lauderdale, Florida
Dear Mr. Curran:
PHONES: 666-7114 — 666.2446
INC.
August 21, 1970
WARREN S. CRAVEN
Rey. Civil Engineer
GEORGE J. LA CERRA
Reg. Lend Surveyor'
We are in receipt of a letter dated August 20, 1970 from Mr. Alan
J. Goldberg, City Attorney, relative to the abandonment of an
access easement located adjacent to the South property line of
Lot 56, Block 131, Mainlands of Tamarac Lakes, Section 7.
In accordance with this letter we are advising you as follows:
A) The City is not using nor does the City need the easement.
D The easement was recorded to provide access.to the property
that will become a portion of the interchange. Since access
to this property will not be necessary when the interchange
is constructed we can see no objection to its abandonment.
B) To the best of clur knowledge there are no utilities utilizing
this easement.
C) We can see no reason, from an engineering standpoint, why
the City cannc,t vacate this easement
V tr y yours,
A,VIS 8rARAVEN, Inc.
t
" r rr Craven
.,I
cc: Mr. AIan�J. Goldberg, Atto ey
J1A.
SUBDIVISION DEVELOPMENT - LAND SURVEYS - STRUCTURES - DRAINAGE & IRRIGATION
HIGHWAYS & BRIDGES - WATER & SEWAGE SYSTEMS - MUNICIPAL WORKS
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