HomeMy WebLinkAboutCity of Tamarac Resolution R-97-18411l
July 10, 1997 - Temp. Reso. #7915 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97- /91/
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 FRANCIS
REALTY CORPORATION (ARCHDIOCESE
OF MIAMI) TO SECURE LAND FOR THE
ULTIMATE CONSTRUCTION OF HIATUS
ROAD; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE QAJE.
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 Francis Realty Corporation (Archdiocese of Miami); and
WHEREAS, Francis Realty Corporation (Archdiocese of Miami) has 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 Francis Realty Corporation
(Archdiocese of Miami) to secure land for the ultimate construction of Hiatus Road.
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July 10, 1997 - Temp. Reso. #7915 2
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.
,9ECTION_2: That the City Commission hereby approves the conveyance of
real property and public utility easement from Francis Realty Corporation (Archdiocese of
Miami).
SECTION 3: That the appropriate officials of the City of Tamarac, Florida, are
hereby authorized to accept such conveyance and dedication from Francis Realty
Corporation (Archdiocese of Miami) 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hereby repealed to the extent of such conflict.
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
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July 10, 1997 - Temp. Reso. #7915 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 P20 day of 9x'�
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RfiSOLUTION as to form.
MITCHELL S.`KRA
CITY ATTORNEY
comm dev\c:\userdata\wpdata\7915reso\ps
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR HRE PER
DIST f : COMM. MCKAYE
DIST 2: V/M MISHKIN
DIST 3: COMM. SULTANOF
DIST 4:.,.�MM• ROBERTS G
11997,
PUBLIC UTILITY EASEMENT
This PUBLIC UTILITY EASEMENT made this ,Z �4 of , 1997, by Francis Realty
Corporation, a Florida nor for profit corporation of the County of Dade, in the State of Florida , having an
address of 6301 Biscayne Boulevard, Miami, Florida 33138, 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).
►UNN21;M14r:A
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:
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.
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.
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.
(GRANTOR)
Witness
TypeName/Title John J. Vaughan, precir7ant
1 of 4
Witness h
Type Nome/Title ± /rA a ►^
STATE OF FLORIDA
: SS
COUNTY OF D-01L
I HEREBY CERTIFY that on this day, before, me, an Officer duly authorized in the State
aforesaid an in the county aforesaid fo tgke
\j0
appeared
v v
me known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before that executed the some.
WITNESS my hand and official seal this a
FY PV OFFICIAL NOTARY SEAL
♦r B�� ETHEL MARINELLI
� � n carwtwoN Musa
S CC049493
7,F a 0 MY WMM SUM EXII'MRS
OFf
(�) Personally know to me, or
( ) Produced identification
•
0 day of 1997.
NOTARY PUBLIC, State of
Florida at Large
Ethel Marinelli
(Signature of Notary Public:
Print, Stamp, or Type as Commissioned)
Fype'of I.D. Produced
( ) DID take an oath, or (X) DID NOT take an oath.
ACCEPTED BY CITY OF TAMARAC
AGRANTEE
TTE � �
�,MBY. _ BY:
JRobert S. Noe, Jr., —APLMayor
City Manager
ATTEST:
BY dz—•?—
Carol A. Evans,
City Clerk
Date: /`,7 7
BY.
Robert S, Noe, Jr.,
City Manager
r�
512IPV'
STATE OF FLORIDA
K1
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an Officer duly auth riz din the $ ate aforesaid o in the
County aforesaid take acknowledgments, personally appeared
to me known to be the person (s) described in and ho executed the fo egoing
Instrument and acknowledged before me and under oath that executed the some.
WITNESS my hand and official seal this -- c� day of 199.T.
per" rv8�, MEL MARINELLI NOTARY PL)BLIC, State of Florida at Large
n COMN SOM NUMBER
t CC$49493
MY COMMISSION EXF4F193
OF Fvo DUNE a,zool (Name of Notary Public; Print, Stamp, or Type
A$ Commissioned)
Personally known to me, or
( ) Produced identification
( ) DID take an Bath, or (\/I DID NOT take an oath. Type of I.D. Produced
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first
above written.
ATTES ' GRANTOR �/'
By. By: I� 4'
Type Name William J, ennessey Type Name Joh J. Vaughan
Corporate Secretary President
(Corporate Seal)
STATE OF FLORIDA
. SS
COUNTY OF _DA2F___
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 john 7� an
and William J. Hennessey
to me known to be the
person (s) described in and who executed the foregoing instrument and _ t�h e-Y— acknowledged
before me and under oath that _ thew executed the some.
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AWAY p:ET8HMANINdLLI NOTARY PUBLIC, State of Florida at LpgemrirMroM NUN/p100640493
MY w10N EXISM
JUNE 5,2001 (Nome of Notary Public; Print, Stamp, or Type
Personally known Xto me, or As Commissioned)
P
( ) Produced identification
( ) DID take an oath, or PQ DID NOT take an oath. Type of I.D. Produced
4of4
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EXHIBIT "A" STONER 3 ASSOCIATES. inc.
1372 North univ.rult73344. •Ia1YLY LN% i" UMNS Tol. (984) 370—Tear
Plantation. Flor(do JJ
SKETCH AND DESCRIPTION OF
UTILITY EASEMENT ARCHDIOCESE OF MIAMI
LAND SECTION 7
CITY OF TAMARAC, FLORIDA
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NOT TO .CALL
r0(NT OF I901HMIMiO N. uAK OF ?w
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MCNAB ROAD _ T"'�"•_.
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ONE
awn D. STONER NOT vwO upL��
M AN WanSESC
iuNYK'IOR'Y iF.,.L
AJIi/.1 A� FO,.• \1aK
9 7 I'v`(
WARRANTY DEED - Individual
THIS INDENTURE, made this day of A.D. 19 `7 7 , between Francis Realty
Corporation, a Florida not for profit corporation of the County of Dade, in the State of Florida, whose
address is 6301 Biscayne Boulevard, Miami, Florida 33138, 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 parry 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 Tract 8, 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, being more particularly described as follows:
COMMENCE at the Northwest corner of the Northeast one -quarter
(N.E.'/4) of Section 7, Township 49 South, Range 41 East;
THENCE S. 00 0 44'46"E., along the west line of the said northeast one -
quarter (N.E.'/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 northeast one -quarter
IN.E. '/4);
THENCE N.89 °33' 15"E., along said parallel line, a distance of 55.13 feet
to the point of beginning;
. THENCE continue N.89'33115"E., along said parallel line, a distance of
33.05 feet;
THENCE S.44°23'58"W., a distance of 49.62 feet to a point on a line
53.00 feet East of and parallel with the said west line of the Northeast
one -quarter (N.E. 1 /4);
THENCE S.00'44'46"E., along said parallel line, a distance of 573.56
feet to a point on the South line of said tract 8;
THENCE 5.89 °29'52"W., along said south line a distance of 23.00 feet
to a point on a line 30.00 feet East of and parallel with the said West line
of the Northeast one -quarter IN. E. '/4);
THENCE N.00°44'46"W., along said parallel line, a distance of 583.63
feet to a point on the arc of a tangent curve concave to the Southeast;
THENCE Northeasterly along the arc of said curve to the right having a
central angle of 90*18'01" and a radius of 25.00 feet for and arc distance
of 39.40 feet to the point of beginning:
Said land situate within the City of Tamarac, Broward County, Florida
containing 0.3325 acres (14,484 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.
Page 1 of 2
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IN WITNESS WHEREOF, the said party of the first port hereunto set hand ons seal the day and year
above written.
Signed, sealed and delivered
iqtbk pr re of us:
FIRST WITNESS SIGNATURE
Ethel Marinelli
PRI D NAME OF W TNESS
ECONp NESS SIGNATURE
Daisy Palau
PRINTED NAME OF WITNESS
Attest Qy.
S CR TARY
Print Name: _ jjj,jj.,-M
STATE OF FLORIDA
COUNTY OF BROWARD
,GRANTOR
, GRANTOR
Francis Realty orporation
(Name o Corpo*n,-
Br
Presid
Print Name: John J. Vaughan
[CORPORATE SEAL]
I HEREBY CERTIFY that on this day before me personally appeared John J. Vaughan
and -h1i i i i,.an—I—Iellri"aay , as President and Secretary, respectively, of _P_ ran Lta- _
_Realtor , 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 A6-1j day of 1997.
NOT RY PUBLIC
My Commission Expires: S a 0 0 r
Page 2 of 2
Print Name: F.+hel Mai„j_nal 1 ;
(SEAL)
ray a
['FNg6 7MARINELLIIwo
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EXHIBIT "A'N &S7,INER & ASSOCIATES, Inc.
1372 North University Drive URVEYONS - PLANNERS Tel. (864) 370-188
Plantation. Florida 3322
Fax (864) 370-188
SKETCH AND DESCRIPTION OF
AQUISITION AREA OF ARCHDIOCESE OF MIAMI
LAND SECTION 7
CITY OF TAMARAC9 FLORIDA
14dfIAe Rala
4iGENOr T • CAROL
•
WC ....... . ..........UTILITY EASEMENT
R/W.................. RIGHT-OF-WAY
It .. _ ...... I..... m1ERIflE
10 7
(1) ..................QRVE NULIBER
LI ..................LINE NUMM
_+_ ....... I......... elf" IN LIME SO" 1) •
•.CAS ................... 8ROWARD COUNTY RECORDS
P.B................. . .RAT •Oaf LOCA710N MAP
1" 120' Pa..................PADc N.E QUARTER SECTION 7-49-41
NOT TO SCALE
4 IN M Me
GRAPHIC SCALE POINT OF COMMENCEMENT
N.W. CORNER OF
N.E 1/4 OF SEC POINT OF BEOINNINO N. LINE OF THE
7-4F41 N.L. 1/4 OF SECTION
._..._._. _ _�MCINAB ROAD._/ 4r4, —
LEGAL DESCRIPTION:
A PARCEL OF LAND BESHO A PORTION OF TRACT a I1 SECTON 7.
TOWNSHIP 49 SOUTH, RANGE 41 CAST, FLORIDA FRUIT LANDS COMPANY'S
L3
NA PLAT HMOr RECORDED IN
phi
PIAi ." A (aN ,,L RISLLC RETHf CORDS OF BEACH
COUNTY. SIR " SEND PARCEL. 99M MORE PARTCIIAle Y OESLTOBED
i I
COMMENCE AT THE NORTHWEST CORNEA OF INC NORTHEAST ONE -
QUARTER (1441/4) OF SECTION T. TOWNSHIP 49 SOUTH. RANGE 41 EAST
lob
:01K L00'N'44t., ALONG TI WEST lYN[ OF TIE SAD
N.R., QE-WM1Fl1 (N.I 1 ). A DIET. OF 6100 FEET TO A
POINT ON A LINE 8100 FEET SOUL OF AND PARALLEL M,TH THE NORTH
LAN[ OF TIE SAID NORTHEAST ONE -QUARTER (N.C. 1/4):
THENCE H.IS'3]'TS'E, AICNo SAD PARALLEL LINE, A DISTANCE a'
Saw ►EET TO THE 1 CF KGM04
& T�
WHENCE DGHTIRE N./S37'iSY., ALONG SPARALLEL LINE, A
AD
Q�.I
DISTANCE CIF 3305 FEET
tnI
THENZ /.447rS8'W.. A INSTANCE OF 40.82 FELT TO A POINT ON A LWE
83.00 MT EAST a AND PARALLEL MAIN THE
ii
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SAID OF G WEST UNE I
NORTHEAST ONE-QSARTG (H.E 1/4},
x
THENCE &C`T '4WE. ALONG SAID PARALLEL LWE. A INSTANCE OF
�!
371U RET TO A POINT ON THE SOUTH LYRE Or SAD TRACT /I
C;v
THI{HGE SSS'4/'S2"W.. ALONG SAD SQU1N UNC A DISTANCE OF 23.00
FEET To A POM ON A LIE ,T0% FEET EAST OF AND PARALLEL WTN THE
i
SAD MEET LINE OF THE NORTHEAST ONE-INNAAM (WL 1/4)i
THENCE N.00'4Y461W.. ALONG SAID PARALLEL UK. A DISTANCE OF
.�
1B143 FEET TO A PANT ON THE ARC OF A TANGENT CURVE CONCAVE To
TILL SOUREASTI
THENCE No"MUSTERLY NJ" TE MO OF SAD CIURVE To THE RIGHT
HAVOW A CENTRAL ANOIL OF 901 01' AND A RADIUS OF 2&00 FEET
FOI, AND ARC DISTANCE OF 30.40 FEET TO THE POINT OF BEWHNWGR
SAD LAND SITUATE TATHN THE CITY OF TAMARAC. •ROWARD CG INTY.
FLMU CONTAINING 113M ACRES (14.484 SQUARE FEET). MOTE OR LESS.
ARCHDIOCESE OF MIAMI
(NOT PLATTED)
I141 DRAT ,
FASCEL 'A"
TAMARAC M11 LAND 111111 FLAT
FLAT /OOM 94 1A0E a, SROWARD ttRWTT RWDRGS
NOTES LINE TABLE
CURVE NUMBER T
I. BEARINGS SHDWL HIRED" ARE BASED ON INC STONIM/AVITH RESURVEY LM OmAnq 014MIw
Rein• 20.011 --
RECQIOFD W MI$cnLwOUS RAT BOOK J. PACE 44 OF THE RSSLUC
nrle. 1o'IB'DI'
Odib
RECORDS or RROWARO COUNTY, FLORIDA. LI SAOY4'40'E Slow
31.40
L7 N.14'33'1WE 6517
L THE PROPENYY DIDIM/ HEMON WAS NOT ABSTRACTED FOR OWIIfRd1M, L3 N•40'33'1 , ELMS
TmV t- 25.13
a.prd., 3546
RMTIFOI-WAY. EASEMENTS OR OTHER YATIEAS OF RECORD. L4 S.ISYS'OYW. 2&W
awrd Bry. N.4474-SWE.
i 11111 WITICH DOES NOT REPRESENT A FIELD SURVEY (TES IS NOT A SURKY).
SHEET 1 OF 1wnw
yY
Ijp
an is TTO C � THAT THE 2WITH ARID BOAR OpaWP110N I•IGW HEREON IS ACMA TO AID CaDIECT TO THE SEST OF YY SNONLLDQ[ AND AOKF. 1 ROWER
CHHAAPTEII D4nTOY THAT i USNETCH 1, FLORIDA µA01WSDU0VE COOL MMUNIT TO UC110N 471107..FL T RSF�1N SY 11I FLORIDA $GARD OF PAWMONAL LAND WVEYORS W
SEAL
CAM BY
NOT VALID UNLESS.
ppU■YYi
J&&ACQ O. STONER
SEALED HAN ERE WITH
FROFRMpW, LAND SUIMVON NO. 4010 - STAR[ OF FiDPoM
COOS
SURYETOR'$ SEAL
5/20/04 ALAI.
NOW NOW
o- - 1 �?4
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STATE OF FLORIDA )
) SS;
COUNTY OF BROWARD)
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
013E r s. Now
to me known to be the person(s) described in and who executed the foregoing
instrument and ZAjj, acknowledged before me that executed the
same.
WITNESS my hand and official seal in the County and State last aforesaid
this 2 day of9111�1
1917-.
NOTARY PUBLIC, State of Florida
�t� ci,4 M-4Rcv„Pr o
(Name of Notary Public: Print, Stamp or
✓) Personally know to me or Type as Commissioned)
( ) Produced Identification
Type of I.D. produced
( ) DID take an oath
(✓) DID NOT take an oath
. yS�S«Rt««itiRci�K«K«K�cS�K�t��\ttiK�\.� 3i
�r� Pie Patricia Mercurio `
'efiaAC11 NotaryPublic, State of Florida i
Commission No. CC 422913
of nod My Commission Expires 11/27/98
1 �Ob3-NOTARY - Fig, Not"y Service Bondi»{ Co
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