HomeMy WebLinkAboutCity of Tamarac Resolution R-97-172June 26, 1997 - Temp. Reso. #7913 1
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97--L7;2-
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ACCEPT A CONVEYANCE
OF REAL PROPERTY AND A PUBLIC
UTILITY EASEMENT FROM SIMON AND
RUTH ASH TO SECURE LAND FOR THE
ULTIMATE CONSTRUCTION OF HIATUS
ROAD; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac, Florida, wishes to
construct Hiatus Road through Land Section Seven (7); and
WHEREAS, one (1) of the primary parcels within the proposed road right-of-way is
owned by Simon and Ruth Ash; and
WHEREAS, Simon and Ruth Ash have agreed to convey real property and a public
utility easement to the City of Tamarac to aid in the completion of Hiatus Road; 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 accept a
conveyance of real property and a public utility easement from Simon and Ruth Ash to
secure land for the ultimate construction of Hiatus Road.
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June 26, 1997 - Temp. Reso. #7913 2
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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 City Commission hereby approves the conveyance of
real property and public utility easement from Simon and Ruth Ash.
SECTION 3: That the appropriate officials of the City of Tamarac, Florida, are
hereby authorized to accept such conveyance and dedication from Simon and Ruth Ash
and authorizes the appropriate City Officials to execute any documents necessary to
finalize the conveyance and dedication.
SECTION 4- All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
5-ACTION L 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
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June 26, 1997 - Temp. Reso. #7913 3
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6:
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RL-SOLUTION as to form.
MITCHELL S. KRA
CITY ATTORNEY
Comm dev\c:\userdata\wpdata\7913reso\ps
67 day of 1 , 1997.
l
JOE SCHREIBER
MAYOR
RECORD n;: pn....f�_. _ _
MAY()
DIST 1
DIST 2:
DIST 3:
DIST 4:
r�
WARRANTY DEED - Individual
THIS INDENTURE, made this 15-r— day of /IUR/ A.D. 19 %, , between Simon Ash and Ruth Ash,
his wife of the County of Broward, in the State of Florida, whose address is 901 SW 138th Avenue, Apt. 402
- Plymouth C, party of the first part, and the City of Tamarac, a municipal corporation, 7525 NW 88
Avenue, Tamarac, of the County of Broward, in the 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 DOLLAR
($1.00) and other good and valuable considerations to it in hand paid by the party of the second part, the
receipt whereof is hereby acknowledged, granted, bargained and sold to the said party of the second part,
its successors and assigns, forever, the following described land, situate, lying and being in the County of
Broward and State of Florida, to wit:
A parcel of land being a portion of the East one-half of Tract 9, in Section 7, Township 49 South, Range
41 East, Florida Fruit Lands Company's Subdivision Map No. 2, according to the plat thereof recorded in
plat book 1, page 102, of the Public Records of Palm Beach County, Florida, said parcel being more
particularly described as follows:
COMMENCE at the Northeast corner of the Northwest one -quarter
(N.W.1 /4) of Section 7, Township 49 South, Range 41 East;
THENCE 5.00'44'46"E., along the East line of the said Northwest one -
quarter (N.W.1 /4), a distance of 53.00 feet to a point on a line 53.00 feet
South of and parallel with the North line of the said Northwest one
THENCE 5.89°33' 15W., along said parallel line, a distance of 30.00 feet
to the point of beginning;
THENCE continue 5.89'33' 15"W., along said parallel line, a distance of
57.82 feet;
THENCE 5.45'35'45"E., a distance of 49.37 feet to a point on a line
53.00 feet West of and parallel with the said East line of the Northwest
one -quarter (N.W. 1/4);
THENCE 5.00°44'46"E., along said parallel line, a distance of 574.03
feet to a point on the South line of said Tract 9;
THENCE N.89'29'52"E., along said South line a distance of 23.00 feet
to a point on a line 30.00 feet West of and parallel with the said East line
of the Northwest one -quarter (N.W.1 /4);
THENCE N.00°44'46"W., along said parallel line, a distance of 608.82
feet to the point of beginning:
Said land situate within the City of Tamarac, Broward County, Florida
containing 0.3354 Acres (14,609 Square feet), more or less
SEE ATTACHMENT EXHIBIT "A"
and the said party of the first part do hereby fully warrant title to said land, and will defend the some against
the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part hereunto set hand and seal the day and year
above written.
1 of 2
•
•
Signed, sealed and delivered
in the presence of us:
FIRST ITNESS IGNATURE
PRINTED NAME OF WITNESS.
SECOND WITNESS SIGNATURE
�'Ii fIl3HY 1(,-L- i-'
PRINTED NAME OF WITNESS
Attest By:
SECRETARY
Print Name:
STATE OF FLORIDA
COUNTY OF BROWARD
SIMON ASH
RUTH ASH
(Name of Corporation)
By:
President
Print Name:
[CORPORATE SEAL]
I HEREBY CERTIFY that on this day before me personally appeared o S
and A u- A S , as President and Secretary, respectively, of
, INC., who are personally known to me or who have produced
as identification, and who did (did not take an oath.
WITNESS my hand and official seal this / ST day of A Y 1997.
My Commission Expires:
Dom. 3 / f19
W.si
NOTARY PUBL
Print Name: eA,&- nbPAjLrY
(SEAL)
EAM Romw
.L� FCOMIA ONM r CC 40013
�! EXPIRES DECO% 19%
o/ Aii" ft"OV M ma
T I -) --Z-
EXHIBIT "A"
1372 North University Drive
Plantation, Florida 33322
578NER & ASSOCIATES, Inc.
URVHYORS - PLANNERS
Tel. (954) 370-•188'.
Fax (954) 370-188
SKETCH AND DESCRIPTION OF
AGIUISITION AREA ASH PARCEL
LAND SECTION 7
CITY OF TAMARACE FLORIDA
MdUB NGAD
LEGENDS TES P
..
R/W.................. RIHT-OF-WAY .S B
I. ..................CENTERLINE
LI .................. LINE NUMBER
B.C.R................... BROWARD COUNTY RECORDS t0 7
SCALE 1" a 120' P.B.. -. ........ . . . . . . PLAT BOOM
PO...................PAGE
It E
! M a 1>d
GRAF"C SCALE
LOCATION MAP
N.E. QUARTER SECTION 7-49-41
NOT TO SCALE
POINT OF BEGINNING POINT OF CO11111(ENCDAENT
N. LINE OF THE N.E. CORNIER OF THE
N W. 1/4 OF SECTION N.W. 1/4 OF SECTION
7-48-41
4p-41 McNAB ROAD
- _ _
a
5.E9•33W11. 451.70' L3 Ls�
LEGAL DESCRIPTION:
i
A PARCEL OF LAND BEING A PORTION OF THE EAST ONE-HAU` OF TRACT /,
IN SEOION 7. TOWNSHIP 49 SOUTH, RANGE 41 EAST. FLORIDA FRUIT LALNOS
!
MWANYS SUBOINSION MAP NO. ; ACCORDING TO THE PLAT THEREOF
i� RECORDED IN PLAT BOOR 1, PAGE IGS. OF THE PUBLIC RECORDS OF PAW
BEACHCOUNTY.FLOPoDA. SAID PARCEL BEING MORE PARTICILARLY
jb OE9CNIBED AS FDIlAWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTIEEST GNE-
QUARTER (N.W,1/4) OF SECTION 7, TOWNSHIP 40 SOLI, RAM 41 EAST;
THENCE S00'44'44'E, ALONG TIME EAST LINE OF THE SAID
i NORTHWEST ONE -QUARTER .W.1 4 A DIND STANCE OF 53,00 FEET TO A
POINT ON A LINE 83.00 Of APARALLEL WIN THE NORTH
LINE OF THE BAID NORTHWEST ONE -QUARTER (N.WL 1/41-
d IVVNC'E S.I9'33'15'W., ALONG SAID PARALLEL LIVE. A DISTANCE OF
30.00 FEET TO THE
F
POINT OF BEGINNING:
I
ASH PLAT NO. 1 (n TFRNCE CONTINUE S.gp'33'10'W., NANO SAND PARALLEL LINE. A
(NOT RECORDED) DISTANCE DF 57.87 FEET,
i
t THENCE545!3S'45'E. A DISTANCE Or 49.37 FEET TO A POINT ON A LINE
63.00 FEET WEST OF AND PARALI(L WIN THE SAID EAST LNE Or NNE
NORTHWEST ONE -QUARTER (H.W. 1/4k
THENCE 11.0O'44'46'C. ALONG SAID PARALLEL UHE• A DISTANCE OF
$74-03 FEET TO A POINT GH THE SOUTH Lfx OF SAID TRACT p.
THENCE N.I0211'011C. ALONG SAID $MTN LINE A DISTANCE or 23,00.
FEET TO A POINT ON A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE
SAN) EAST LINE OF THE NORTHWEST ONE-QUARIFAI (N-W, 1/4k
HENCE N-O , ALONGPARALLELLINE, A DISTANCE OF
NGF SAID
TO THE INE
SAID LAND SITUATE WTI" THE CITY OF TAMARAC. BROWARO COUNTY.
57.00' FLORIDA CONTAINING 0.3334 ACRES (14.600 SQUARE FEET). MORE OR LESS.
L 0.
t uR TRAIT R i
N.gp9i'SI'E. ;6138' L6 i
TRACT e
7LONGA FROM LAM! COWANY'S SUBDIVISION NO. 3'
PLAT BOON 1, PA4E 102, PALM REACH COWTY RECOROR
LINE TABLE
Unto B.mhp GI.tw"
Lt 5.00•µ'b'E. sloO'
Nam La S.gp73.1S'W. ID.07
L3 S-8 33-1S'W. B7A7
I. BEAMOS SHOWN HEREON ARE BASED ON THE STONER/kETIH RESURVEY L4 "I07S'45'E. 40.37
RECORDED IN NISCEL ANEWS PLAT BOOK 1 PAGEµ OF THE PUBLIC � LS NS03!'63'1- 2300'
RECORDS OF SROWARD COUNTY. FLORIDA.
]. THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP,
RIGHTS -OF -WAY. EASEMENTS OR OTHER MATTERS OF RECORD.
3. THIS SKETCH DOES NOT REPRE30n A FIELD SURVEY (THIS IS NOT A SURVEY). SHEET 1 OF 1
TRS a TO CURVY THAT 1tf 0111BUM AIM LWAL DLWCRIPTION SHOWN EMON q ACtlIRATE ANO OI1INECT TO THE REST OF MY KNOVAEDGE AND gaff. I NATTIER
CFRTPY THAT THIS SNEIH AM LEGAL DESCRIPTION MEETS IE TRTII111M 1[ONCAL STAIMARO! SET FORTH BY THE FLORIDA BOARD OF PROFEBBONAL LAW NWVEV= IN
41Y17-1, FLORIDA ADMNMINATVE COOS, PWWANT 10 REGION 479-07. FLORIDA STANI[l
SEAL
ROVISIONIS DATE If
NOT Vi UNLESS
�$ 0. >"T
HERE
SEALEDERE WITH
AN EMBOSSED
PHIDFESMONAt_ DIM tunvpvaR No. 4039 - RTATE Of FtaMw
SURVEYOR'S 5El11
6/20/06 1 4.0's. I AA.l. I NONE
P_�
•
PUBLIC UTILITY EASEMENT
This PUBLIC UTILITY EASEMENT made this /sr of 1� , 1997, by Simon Ash
and Ruth Ash, his wife, of the County of Broward, in the State of Florida, having an address of 901 SW
138th Avenue, Apt.. 4022 - Plymouth C, Grantor, and the City of Tamarac, a Florida Municipal
Corporation, having an address at 7525 Northwest 88th Avenue, Tamarac, Florida, 33321, (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 grant unto Grantee a non-exclusive easement to use a portion of the
servient estate;
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:
l . Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive
easement over and upon the servient estate for the installation and maintenance of public utilities.
2. Grantor reserves all rights not herein granted pursuant to this easement, including but not
limited to, the right of free ingress and egress over and upon the servient estate and to grant further
easements under, over and on the servient estate; provided that, in no event shall any of the rights herein
reserved impede the easement herein granted or the exercise of the rights of use thereunder.
3. The provisions of this easement shall be binding on the parties hereto and the respective
successors and assigns as a convent running with and binding upon the servient estate.
4- This easement shall not be released or altered without consent of the Grantee.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above
written.
S � �
Witness
Type Name/Title
I of 2
(GRANTOR)
10
Witness
Type Nome/Title
STATE OF FLORIDA F1--dP-1 bo9-
COUNTY OF o 0)A P-b
G /}
SS
-f&tG aa4
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
JI M oN A stt AL12 A V% A S H to
me known to be the person(s) described in and who executed the foregoing instrument and �IEY
acknowledged before that _. -j' WVY executed the some.
WITNESS my hand and official seal this Lr day of 1997.
EARL NOTARY PUBLIC, State of
,0 COMiNteSloN • CC 4=13 Florida at Large
`F RXPIR�D GEC 03. I=KNMOTMU
/^
A 5014 MI W Ift
(Signature of Notary Public
Print, Stamp, or Type as Commissioned)
( �^) Personally know to me, or
( ) Produced identification�-
Type of I.D, Produced
DID take an oath, or ( ) DID NOT take an oath.
ATTEST:
BY:
Robert S. Noe, Jr.,
City Manager
ATTEST:
BY:
Carol A. Evans,
City Clerk
ACCEPTED BY CITY OF TAMARAC
GRANTEE
:YA
Mayor
Date:
BY:
Robert S. Noe, Jr.,
City Manager
Dote:
Approved as to form:
BY:
Mitchell S. Kraft,
City Attorney
2 of ' 2.
EXHIBIT "A" STONER & ASSOCIATES, Inc.
1372 Nr,rth UnivGraity Drive �l/I�YQYOM& - PLAMM RS Tel. (954) 370-1 aE
PICTltation. Florida 33322 L•. dwa1 Fax (954) 370— 19E
SKETCH AND DESCRIPTION OF
UTILITY EASEMENT ASH PARCEL
LAND SECTION 7
CITY OF TAMARAC, FLORIDA
SCALE 1" r 120'
• A► •• wNo
PRAMO 20"
LCQ04M
R/W.............
....
LT ............
. LIMC W MfOT
•.O.R.... ....
...... DROWARO COUNTY RECORDS
P.R. ...........
. ...PLAT Solt
►C.I... .............PAGE
POMIT OF OrrdNNIMO
N. LAME OF ENE
N.W. 1/4 Or 5EO7100
MdNA9 ROAD.—.�
ASH PLAY NO. 1
(NOT RECOROCO)
\ POINT OF CO MM04C[M NT
comae or T1E
N.ML 1/4 OF 6CCTIOM
7.
UMAR ROAD
1l6i P
10 r
11 •
LOCATION MAP
N.C. WARTER SECTION 7-40-41
NOT TO SCALE
L OEM. Qi10gPT1ON,
3
A PARCEL OF LAND 64FIG A PORTION OF The twxT ONC-44AW Q• TRACT 1.
W Mel 09 A ,CjoC 4p SWTH. RANEE 41 CAST, rLORICA FRUIT LANCE
OO71PANr'S 3LIftiIVIs1CN MAP NO. 2. ACCORDING TO 'MC PLAT TKVNW
I
R[U1T 1. oomm IN PT iooPACE im Or 7HE PU61.1C RE=mn Or rAw
■■
■/R
WMACH •AID PARCEL RtaLS MORE. T'MTICLm-"wv
I
Airr,F
!9■
THE
aTGwis=4.
,rJ
OC 41 CAs�rsE-auwllTER
(M�i)OFT7i+C71ot+ i SWTK RANOP
TN4/C:E &00'44.46't.. ALCNd INC EAST UNE OF THE EAIO
Rd•TIMR•T aNE-LOYMRI• (M.W.1 /4 ), w OISTAmdW Or 53.06 rr$T TO A
A LINO W
PORT ON s3. 30 FEl9 OF AND PARAUZL 1RTM THE NORTH
LINK OF 711E SAID NDII V=T ONE-QUARTrA (KW. 1/4);
SAMM G _ L Ma PARALLEL L*W A OLSTANCE OF 67.83
IINC
F ib
I
�C IEIE Spf'3itf'M.. ALONG SAID PARALLEL WHL A OLSTANIX
T$ I
7404CC sA5-W4&'E„ A DISTANCE (W 56.216 FEET TO w PONT ON A UNR
KOO rWT V&'3T Or AND PAAALLd MITN THE 'J,A1O CAST LC, Or THE
.�
NORTHWEST ONE-QUM7011 (N-W. 1/4)
P Cift= 5.00'4.4.46-r- ^Lmmd SAID PARAALRL. LINK. A OSTANCE Or M7.77
FEET TO A POINT ON 1116 •oU1M LRi Or SAIO TRACT S;
7tflimm NASR'iY51'E, ALONG 1A10 $OUT" LINE Q A OISTAMOF 1-00 FEET
TO w PONT OR A LPIE S&DO FEET 11CRT CF AND PARALLEL )WTM TIE SAID
CAST U11S Of Tit WORTNMEST CNC-OUARICA, IN YL 1/4]-
L•IA TA44T • _ I 1�
TRACT TR
7LOAIOA PRMT "Was COFIPANY•6 SL16oTy161ON
PLAT so" I. PAY m%. PALM 6fACN C611NTT IeMCCRC6
1. •EARWdA SHOWN MrRECN ARE @ARMS OR THE STOWER/xEIH RESL.MYfAY
RCCORpm IN MISCGlANEOLIS PUT DOW -L PACC 44 aF 7MC PUOJC
11190011106 OF BROWARD COLINTTI, AAWA.
A. INS PROPERTY 71NPIMI IICACOW WAd MOT AMTRASTWO FOR 01w/AISMIP,
1M1TA-Or-MAY; WASdEATS OR CVHWR MArRMS Gilt RECORD.
]. 7Ws SKETCH o"s NO7 RORESDIT A 0'151.0 *J*WY L7W9 113 NOT A Sl
1169K1C PLOW" 40'W- ALONG SAID PARALLEL WNL A DISTANCE OF 574.03
Two#= N.46'36'46'Wti A OWTANCC OF 46.37 n=T TO THE POINT OF
R•GINNMIO¢
SAID LAND SITUATE rATHIN TIE CITY OP TAMARAC, SROWARO COUNTY.
FUMCA OOMTAu 0.1151 ACRES (L371 SQWAA>E OCCI7. MORE OR LEAW
LM TAM"
Una Goorb6 OIFLM•a
u s.aGw•a*^r. mow
L.S iM 4fr. •7.63'
L3 LNy16'W. 21.17,
LA LM•yR•46.V. 5L26•
La N.f4'7R'53'L 0' 16.6
L6 N. 4A'36'46'VL 46.J/'
TWAT INC 111111510101 AM LEGAL 04101110MIO► 11,10111011111 NWM Is A(YSIRATR AND C0T616CT TO TW 773r Or MT KNOMLEOOE AMC SWV. I FLRTIp
lOTOI AND LC• 09MOMPTIRN MrftA TmC MAAWM IWMHNN2AL 1TAWOAg1R XT FCATN RT TIE FLallw *WAS Or MCFEYONAL WM►Q RJIWrVORS M
FIpeOA Ap169FINAIRV[ ` 1 CML PU111ANT TO WGINN T73,67, FLAP"STATUTCL
JAMS D. S70NM
FRCFdi•Am4L LAND lllRllT011 WO. 4WA - STATE OF FLANCA
Ram PUPA MA
A0.7. I a.CL7. I molls
SHEET 1 OF 1
rL—^
NOT VAUD UNL MS
sCALoAHE3et MRfl i
AN .r=*o
SURVE1row's SEAL
Exhibit "A#
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19
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