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Home My WebLink AboutCity of Tamarac Resolution R-2019-069 Temporary Resolution No. 13295 June 26, 2019 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A VACATION OF RIGHT-OF-WAY PETITION IN AN EFFORT TO VACATE A PORTION OF THE PUBLIC HALF RIGHT-OF- WAY OF NW 70 STREET FROM NW 84 AVENUE TO N PINE ISLAND ROAD, MORE SPECIFICALLY THE 8400 BLOCK TO THE 8800 BLOCK OF NW 70 STREET AS FURTHER DESCRIBED AND SHOWN IN THE LEGAL DESCRIPTION AND SKETCH ATTACHED HERETO AS EXHIBIT "A", TO REDUCE THE PUBLIC RIGHT-OF-WAY FROM FOUR (4) LANES TO TWO (2) LANES AND REVERSION OF THE OWNERSHIP OF THE VACATED RIGHT-OF-WAY PROPERTY TO THE OWNER OF THE ABUTTING PROPERTY TO THE SOUTH OF THE VACATED RIGHT-OF-WAY IN ORDER TO ACCOMMODATE THE EDEN WEST APARTMENTS DEVELOPMENT; (CASE NO. 2-P- 19); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to vacate a portion of the public half right- of-way of NW 70 Street from NW 84 Avenue to N Pine Island Road, specifically the 8400 Block to the 8800 Block of NW 70 Street, as described in the legal description within the attached sketch of description (Exhibit "A", attached hereto are incorporated herein and made a specific part thereof) to reduce the public right-of-way from four(4) lanes to two (2) lanes, reverting the ownership of the vacated right-of-way property to the owner of the abutting property to the south of the vacated right-of-way in order to accommodate the Eden West Apartments development; and WHEREAS, the section of the subject Vacation of Right-of-Way, as part of the Fort Lauderdale Truck Farms subdivision plat (P.B. 4, PG 31), was previously dedicated by Temporary Resolution No. 13295 June 26, 2019 Page 2 Special Warranty Deed (O.R.B. 6110, P.G. 256) as an eighty(80)foot of road right-of-way; and WHEREAS, a Level of Service (LOS) analysis was conducted on December 17, 2018, by JFO Group Inc. that stated if NW 70 Street is reduced from four (4) lanes to two (2) lanes, the LOS will not be adversely impacted; and WHEREAS, the LOS analysis was reviewed by the City's Traffic Consultant, TrafTech, who concurred that the NW 70 Street corridor between NW 80 Avenue and Pine Island Road can be reduced from a four (4) lane divided section to a two (2) lane divided section while maintaining an acceptable roadway LOS; and WHEREAS, the City Engineer agrees to the Vacation of that portion of the public half right-of-way of NW 70 Street from NW 84 Avenue to Pine Island Road; and WHEREAS, the Director of Community Development recommends approval; 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 Right-of-Way petition in order to vacate a portion of the public half right-of-way of NW 70 Street from NW 84 Avenue to N Pine Island Road, specifically the 8400 Block to the 8800 Block of NW 70 Street, as described in the legal description within the attached sketch of description (Exhibit "A", attached hereto are incorporated herein and made a specific part thereof)to reduce the public right-of-way from four(4) lanes to two (2) lanes with reversion of the ownership of the vacated right-of-way property vesting with the abutting property Temporary Resolution No. 13295 June 26, 2019 Page 3 owner to the south of the vacated right-of-way in order to accommodate the Eden West Apartments development. 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. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: That the portion of the public half right-of-way of NW 70 Street from NW 84 Avenue to N Pine Island Road, more specifically the 8400 Block to the 8800 Block of NW 70 Street as further described and shown in the legal description and sketch attached hereto as Exhibit "A" IS HEREBY vacated. SECTION 3: That the Mayor is hereby directed to execute the appropriate documentation to transfer the ownership of the portion of the public half right-of-way of NW 70 Street that is to be vacated to the owner of the abutting property to the south of the vacated right-of-way in order to accommodate the Eden West Apartments development. SECTION 4: That the City requires the dedication of a sidewalk easement and a Tamarac Exclusive Easement for water and sewer over a portion of the vacated public half right-of-way of NW 70 Street. Temporary Resolution No. 13295 June 26, 2019 Page 4 SECTION 5: That the vacation of Right of Way is subject to the following conditions: 1. Approval of the Vacation of Right-of-Way is contingent upon approval of the application for New Development Site Plan for Eden West Apartments, Case #25-SP-18. Shall the petition for New Development Site Plan for Eden West Apartments not be approved, the ownership of the portion of the vacated public half right-of-way of NW 70 Street shall revert to the City of Tamarac. 2. Dedication of a sidewalk easement and a Tamarac Exclusive Easement, acceptable by the City Engineer, to the City of Tamarac over a portion of the vacated public half right-of-way of NW 70 Street. 3. That this Resolution, and the Deed transferring the Right of Way, be recorded simultaneous with the Sidewalk and Tamarac Exclusive Easement Instrument. SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: 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 in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8: This Resolution shall become effective immediately upon its adoption. Temporary Resolution No. 13295 June 26, 2019 Page 5 tiL PASSED, ADOPTED AND APPROVED this `- day of , 2019. /1-& A 4_6 MICHELLE J. GO Z, MAYOR ATTEST: \ y� PATRICIA TEUFEL, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN DIST 4: V!M PLACKO v � I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM om.",,P--i 44. AMUEL S. REIV CITY ATTOR EY SKETCH OF DESCRIPTION PROPOSED ABANDOMENT OF A PORTION OF NW 70TH STREET ADJACENT TO COLONY WEST SHOPPING PLAZA PLAT BOOK 84 PAGE 25 A PORTION OF NW 70th STREET, LYING WITHIN THE CITY OF TAMARAC AND LYING NORTHERLY OF THE COLONY WEST SHOPPING PLAZA AS RECORDED IN PLAT BOOK 84 PAGE 25 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE COLONY WEST SHOPPING PLAZA AS RECORDED IN PLAT BOOK 84 PAGE 25 OF THE PUBLIC RECORDS OF BROWARD COUNTY: THENCE ALONG THE NORTH LINE OF SAID COLONY WEST SHOPPING PLAZA AND ITS WESTERLY PROJECTION THEREOF, SAID LINE BEING THE SOUTH RIGHT OF WAY LINE OF NW 70th AVENUE ON A BEARING OF SOUTH 89'32'31" WEST A DISTANCE OF 927.64 TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF NW 88th AVENUE, (ALSO KNOWN AS N. PINE ISLAND ROAD), SAID INTERSECTION BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST FROM WHICH A RADIAL LINE BEARS SOUTH 82'30'05" WEST, SAID NORTH LINE OF COLONY WEST SHOPPING PLAZA SHOWN AS BEARING NORTH 89'01'50" WEST ON AN ASSUMED MERIDIAN ON SAID PLAT. THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE ON A CURVE HAVING A RADIUS OF 2,453.00 FEET, A CENTRAL ANGLE OF 00'21'00". AN ARC DISTANCE OF 14.98 FEET; THENCE NORTH 40'50'24" EAST, A DISTANCE OF 37.56 FEET; THENCE NORTH 89'31'45" EAST, A DISTANCE OF 635.46 TO A TANGENT CURVE CONCAVE TO THE SOUTH; THENCE ALONG SAID CURVE HAVING A RADIUS OF 798.00 FEET, A CENTRAL ANGLE OF 6'10'13" AN ARC DISTANCE OF 85.94 FEET; THENCE SOUTH 84'18'02" EAST, A DISTANCE OF 184.57 FEET; THENCE SOUTH 00'27'29" EAST, A DISTANCE OF 18.82 FEET TO THE POINT OF BEGINNING, LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND CONTAINING 36,904,78 SQUARE FEET OR 0.85 ACRES, MORE OR LESS DATE.'AUGUST 18, 2021 PROJECT NO: 1138 REVISIONS . 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Andmws Awnw W • Pomporw 6»oh, FL 33064 PH: 954-943-9433 • FAX: 954-7e3-4754 SKETCH OF DESCRIPTION PROPOSED ABANDOMENT OF A PORTION OF NW 70TH STREET ADJACENT TO COLONY WEST SHOPPING PLAZA PLAT BOOK 84 PAGE 25 RIGHT OF WAY LINE NORTH 0 SCALE- 9 "--60' NW 70th STREET - I- -- -- - _ —N89 °31'45"E — -=1-- — — — -- — - ,-- D-00 0 O _ 635.46' - 1-- R 2 ' 05" W N 89'01'50" W 927.64(P) 8 30' S 89'32'31" W 927.64 (SP) I 1 a AL) II COLONY WEST PARCEL "B" I SHOPPING PLAZA P.S. 84 PG 25 I PB.84 PG 25 NORTH LIMITS COLONY WEST SHOPPING PLAZA PLAT BOOK 84 PAGE 25 I 1 Q BROWARD COUNTY PUBLIC RECORDS d I I N 00 io SP = STATE PLANE BEARINGS LI o D = DEED BEARING 1 P = PLAT BEARING Z I + PB = PLAT BOOK PG = PAGE zi I ORB = OFFICIAL RECORD BOOK RAN = RIGHT OF WAY SHEET 2OF4 SHEETS DATE. -AUGUST 18, 2021 PROJECTNO.• 113E IIwooduma r-_" L L_ (� /r ` SHAH ; I J ... - ,, DIIRL0iiT10S suev�r.w ASSOCIATES PLANNW CERTIFICATE OF AUTHORIZATION NO. LS 6456 3410 N. A *m Avw" Ed • Pompaw 11modu FL =84 Plii 93"43-9 '4.1.f' 0 FAX: 954-7W-4754 REVISIONS OWN DATE FB/P6 LCHKD SKETCH OF DESCRIPTION NORTH PROPOSED ABANDOMENT OF A PORTION OF NW 70TH STREET ADJACENT TO COLONY WEST SHOPPING PLAZA PLAT BOOK 84 PAGE 25 SCALE.' 1'=60' RIGHT OF WAY LINE RIGHT OF WAY D=006°10'13" - - - - -NW 7M STREET - — -- ARC = H . 9 4 — NW 7M ST N89°31'45"E— - R=798.00 - . �,-__-----`"-.-.1 ram' 635.46' -- - - -- - - - --� - - N 89'01'50" W 927.64(P) N 89'01'50" W S S 89'32'31" W 927.64 (SIP) S 89'32'31" W F NORTH LIMITS CO:ONY WEST SHOPPING PLAZA PLAT BOOK 84 PAGE 25 BR04YARD COUNTY PUBLIC RECORDS » n PARCEL B COLONY * WEST COLONY WEST SHOPPING PLAZA SHOPPING PLAZA PB.84 PG 25 PB.84 PG 25 COLOt SP = STATE PLANE BEARINGS D = DEED BEARING P = PLAT BEARING PB = PLAT BOOK PG = PAGE ORB = OFFICIAL RECORD BOOK R/W = RIGHT OF WAY DATE.•AUGUST 18, 2021 HEE SHEET 3 OF TS PROJECT NO: 1138 SHAHp =.11 DROTOS3MVEYINQ S S O C I ATE S ltAM1rU19 CERTIFICATE OF AUTHORIZATION NO. LB 645E 3410 N. ArAv" Awnw Ext • Pompoew Bmooh, M 33064 PH: 954-943-9433 • FAX: 954-783-4754 REVISIONS D6:N DATE FB/PG CHKD SKETCH OF DESCRIPTION PROPOSED ABANDOMENT OF A PORTION OF NW 70TH STREET ADJACENT TO COLONY WEST SHOPPING PLAZA PLAT BOOK 84 PAGE 25 RIGHT OF WAY UNE 106010'13" C=-85.94 NW 70th STREET 798.00 — S84", $'02M — — — — — — 18.62' 184-57-- --- SOO * 2729"E N 89'01'50' W 927.64(P) S SW32'31 * IN 927.64 (SP) �—POINT OF BEGINNING NORTHEAST CORNER COLONY WEST SHOPPING PLAZA PI -AT BOOK 84 PAGE 25 CEL 1113" BROWARD COUNTY PUBLIC RECORI le, wm IG PLAZA PG 25 WEST LINE COLONY WEST SHOPPING PLAZA SP = STATE PLANE BEARINGS D = DEED BEARING P = PLAT BEARING PB = PLAT BOOK PG = PAGE ORB = OFFICIAL RECORD BOOK RfW = RIGHT OF WAY DA TE: AUGUST 18,2021 SHEET4 OF 4 SHEETS PROJEC7'NO.- 1138 SHAH Dmwm DROTOS A SSGCIATES I MAMM CERTIFICATE OF AUTHORIZATION NO. LB 6436 3410 N. Andrm Avenus bi * Pompano B000h, FL &V64 REVISIONS DWN , DATE F81PO CHKD PHI 954-943-9433 0 FAM 954-7W-4754