HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-2691
September 11, 2000 - Temp Reso #9144 1
Revision No. 1 — October 4, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000-269
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, GRANTING A
VACATION OF EASEMENT TO ABANDON THE
EXISTING INGRESS -EGRESS EASEMENT AT THE
SOUTHWEST CORNER OF THE WALGREENS SITE
LOCATED AT THE NORTHWEST CORNER OF PINE
ISLAND ROAD AND COMMERCIAL BOULEVARD;
SPECIFICALLY A PORTION OF LOTS 1 AND 2,
BLOCK 9 OF THE "LYONS COMMERCIAL
SUBDIVISION UNIT NO. 2" PLAT, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 69, PAGE 43 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA; CASE NO. 7-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
February 9, 1983 at the time of the initial recordation of the Plat; and
WHEREAS, the property owner, NYCH Partners, Ltd., has determined that this
existing ingress -egress easement is no longer needed due to the design layoutforthe new
Walgreens' site; and
WHEREAS, the City Engineer and franchised Utility Companies have been
contacted and all have stated no objection to the vacation of easement to abandon the
existing ingress -egress easement located within the Lyons Commercial Subdivision Unit
No. 2 Plat to facilitate any future improvements; and
September 11, 2000 - Temp Reso #9144 2
Revision No. 1 -W October 4, 2000
WHEREAS, the Director of Community Development recommends approval of this
vacation of easement; and
WHEREAS, the Planning Board recommended approval on September 6, 2000; 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 to abandon the existing ingress -egress easement at the southwest corner of
the Walgreens' site located at the northwest corner of Pine Island Road and Commercial
Boulevard; specifically a portion of Lots 1 and 2, Block 9 of the "Lyons Commercial
Subdivision Unit No. 2" Plat, according to the Plat thereof as recorded in Plat Book 69,
Page 43 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 to abandon the existing ingress -
egress easement within the Lyons Commercial subdivision Unit No, 2 Plat (attached
hereto as Exhibit "1 ") located at the northwest corner of Pine Island Road and Commercial
Boulevard; specifically a portion of Lots 1 and 2, Block 9 of the "Lyons Commercial
Subdivision Unit No. 2" Plat, according to the Plat thereof as recorded in Plat Book 69,
Page 43 of the Public Records of Broward County, Florida; Case No. 7-P-00; is hereby
granted.
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1
September 11, 2000 - Temp Reso #9144 3
Revision No. 1 — October 4, 2000
SECTION I 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 1111 day of October, 2000.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
1 EREBY CERTIFY
a e proved this
R SOU -PION as to
MITCHELL . KRAFT
CITY ATTORNEY
commdev\u: \pats\u serd ata\wpdata\res\9144 reso
JOE SCHREIBER
MAYOR
RECCiRD OF CDC
Mf#cc" &OWNn.
0W*G0M9WAW
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EXHIBIT "A"
A Pcrtion of hots 1 and 2, Block 9. LYDNS Cp,;yERCIAL
according SUBDIVISION M. 2.
to No
the Plat thereof, as recorded in Plat Book of the Public Records of u69. Page 43r— --4 C_..._
described as follows:r]orida. being Wore particularly
Col"MC-ING at the Southwest corner of Lot 1
ad' 59' O5" Block 9; thence North
Hest along the South line of Lot 2, a distance of 18.37 feet;
thence North O1° 00' S.4. East, a distance of 27.p0 feet to the
BEGINNING of this descriptior.; to continus North Olp Q0• POINT OF
a]°ng the last described course, a distance of 24.00 feet thence
So"
88° 59' 06" Ebst, a distance of 81.00 feet; hence Sou , . South
a distance offee,.�' D]° 00' 54" West,
44.OD theme North 88 � "
46,00 feet; thence North 01 Oo 54 0 59 06 West. a distance of
o East, a distance of 20.00 feet;
thence ltorth ggo 59' 06. West, a distance of 35.0o feet to the BEGINNING of this description, PDIN7 OF
Said lands situate. lying and being in Brcxard County, Florida.
Subject to all easements, rAservati°ns. and rights_of-H
ry of retard.
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Introduced by_j�_A3
Temp. #2615
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2 CITY OF TAMARAC, FLORID,%
3 RESOLUTION NO. R-83-�
A aFrnl I!TIQN APPROVING AND ACCEPTING AN
5 INGRESS/EGRESS EASEMENT OFFERED BY
EDWARD
Il FOR THESHELLGOIL COMPANYNPROJECTCHE GATSTHE
5 NORTHNEST CORNER OF NW 88 AYENUE AND
i COMMERCIAL BOULEVARD; AND PROVIDING AN
J EFFECTIVE 1AIE.
8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA.
9 SECTION 1: That the Ingress/Egress Easement offered by
10 Edward N, Higgins and Blanche Higgins, for the Shell Oil Company projec
11 at the northwest corner of NI•I 88 Avenue and Commercial Boulevard, is
12 HEREBY APPROVED AND ACCEPTED, a copy of said easement being attached
13 hereto as Exhibit "A", and the appropriate City officials are authoriz d
14 to execute said easement.
15 SEC1,10N 2: The City Clerk is authorized and directed to record
16 this Easement in the Public Records of Broward County. Florida,
17 SECTION 3: This Resolution shall become effective upon adoption.
PASSED, ADOPTED AND APPROVED this
__� day of 1983.
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24
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27
28
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34
35
36
ATTEST:
Q4-rz- �sc A LE-RK • _•��
I HEREBY CERTI Y that I have
approved the orm and correCt-
ne of this Resol,•tion.
` 'P r
C r T RNEY -lo
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/ I I A Y 0 R
RECORD OF COUNCIL VOTE
MAYOR: tom.
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WALGREENS
CASE NO.7-P-00 - TEMP RESO #9144
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CITY COMMISSION
September 27, 2000
Vacation of Easement
III
400 0 400 800 Feet
I Christopher King
Community Development
City of Tamarac
7525 N.W. 88th Ave., Tamarac, Florida 33321-2401
Telephone: (954) 724,1292
Famirrile. 724-2453
DESIGNATION OF AGENT
FOR QUASI-JUDICIAL PROCEEDINGS
DATE:
CASE NO.: `7 - _P -
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-IUCIDIAL HEARING AND THE MATTER
MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY.
/� , WILL ATTEND THE QUASI-JUDICIAL
(insert name of Agent)
HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION,
HAS MY PERMISSION TO ACT AS MY AGENT IN
ALL MATTERS RE4ATING TO ANY PROCEEDINGS RELATED TO
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SIGNATURE OF OWNER: NAME/ADDRESS AND PHONE NO.
g-4a'6.}. -r�1 R5L,'CD. OF DESIGNATED AGENT:
-
(Print Name of Owner)
STATE OF FLORIDA:
COUNTY OF BROWARD:
(Print Name of Designated Agent)
4-W1 OAW, C4TZC� SME 4--
_6DO-A Zoomki 0 FL, 33�4-3.1
Phone: ' pt - 447•(oi-13 Fax: (tAci� A4-1 -1UP19
The foregoing instrument was acknowledged before me this 34"D day of
OC77 6 EX , 10' ` y MA r ti. 7z t C _ , owner of property, who is
personally known to me or has produced identification ( )and
(type of identification)
who (did/did not) take an oath.
otary Public State of Florida
My Commission Expires:
o,►a� Janette L Barr
*� *My CommissionCC083942 (Type or print name of Notary)
'.,7, Expires September 28, 2001
-.EXHIBI1 i
TEMP RES0W9144..
COMMUNITY DEVELOPMENT
PETARTMENT
83--129724
PUBLIC INGRESS/EGRESS EASEIIENT
00 JUL 2 4 PM 2: 51
THIS PUBLIC INGRESS/EGRESS EASEMENT is made this 7th day of
December, 1982, by Edward W. Higgins and Blanche Higgins of 1711 S.E.
7th Street in Fort Laudei•iale, Florida 33316 ( the "Grantor"), to the
City of Tal,+arac, a niunic-inal %ornoration (the "Grantee").
NITNESSETH:
WHEREAS, Grantor is the fee simple owner of Lots 1 and 2, Lyons
Commercial Subdivision No. 2 according to the Plat thereof, as recorded in
Plat Book 69, Page 43 of the Public Feces-ds of Broward County, Florida.
WHEREAS. Grantor desires to create a rr::i-exclusive easement in
favor, of Grantee for inqress and egress over the Property, as described in
Fxhibit "A". upon the terms and conditions set forth herein.
NOW, THFREFORE, in consideration of the sum of One Dollar (1.00)
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
e��ress across the Property described in Exhibit "A".
utcr.tur acknorilednes an oblication to maintain said easement; and
to hold Grantee harmless as to any claim, by third parties or by Grantor,
as to the use of said easement; and to indemnify and defend Grantee as to
any claim by third parties as to the use of said easement.
IN ►•tITNESS THEREor, Grantor has caused this Easement to be
executed on the said day and year first above written.
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Signed, sealed and delivered
In the presence of:
51i �I -
ATTEST:
R
ATTEST:
APPROVED AS TO TO
�? )'/' Ir
STATE Cl-FLORIDA
COUNTY OF BROWARO SS
GRANTOR
�y dwar W. Ht �9�
J�• (. Y L
ACCEPTED BY CITY OF TA! ARAC.
GRANTEE
By : t
rim : t4Y R
this ,[Lday of 19 S 3
By: 4ce—�
R
Thiy ,(-' day of 1993
1 "ERIPY CL;•t11FY that on this day, before me, an officer duly
author izwy in the State and County aforesaid to take a[:;nol-rledgments,
FLersonaIly arl:ceres;
to me knV--r,
. and
InoWn to me tome—Lh' er:pns wrio exe'cuLed`t 'f —in
in5trumentntand ,•,ey acknowledged before me that they executed the sane
aforesaid,
►flTNESS my hand and official seal -in the State and County last
this ___._L�� �� JJ^J.�✓_ 19 '
J
•I•iy Cor:tnission Expires:
NUTAHY
STATE
N:JWC
OF ri3OkIDA
Lx.;P
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I HMMY CERTIFY that o-i this day, before me, an officer
duly authorized in the State and County aforesaid to take ac]c-owledRe:r�tg,
personally appeared Helms Massaro Vice t4 or and Laura Z. StuurTnma, City,
to me known and kr-MA to :re to ba the persons a executed the toregoing Ynst Lment
and they acknowledged before = th+t they executed the same.
W1TN,S -rty hand and official seal in the State and Cnurity
last aforesaid, this lg 3
STATE: OF FLORIDA '
19y Cour ission Expires.
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City of Tamarac
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (954) 724-1230 • Facsimile (954) 724-2454
Jeffrey L. Miller
City Manager
jeffm@tamarac.org
Ms. Heather Champenoy
Fog Development, Inc.
1745 West Fletcher. Avenue
Tampa, FL 33612
Dear Ms. Champenoy:
October 16, 2000
I am pleased to advise you that at its meeting of October 11, 2000, the
Tamarac City Commission granted a Vacation of Easement to abandon the
existing ingress -egress easement at the southwest corner of the Walgreens site.
This Project is located at the northwest corner of Pine Island Road and
Commercial Boulevard in the City of Tamarac. Enclosed is a copy of the
approved Resolution for your records.
The Director of Community Development, Mr. J. Christopher King, will be
your contact for all matters. Please feel free to telephone him at (954) 724-1292.
However, if there should be any problems of a serious consequence, I expect
you to advise me directly and immediately.
The City looks forward to working with you in all future endeavors.
Sincerely,
Je re L. Miller
City Manager
JLM/JCK/ep
c: Mr. J. Christopher King
Director of Community Development
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