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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-121 October 22, 2019 - Temp Reso. #13253 Page 1 of 3 • CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE EXECUTION OF A SIGN EASEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE FL TURNPIKE DIRECTIONAL SIGN AND MAST ARM PROJECT, LOCATED ALONG WEST COMMERCIAL BLVD WEST OF NW 47TH TERRACE AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID SIGN EASEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE FL TURNPIKE DIRECTIONAL SIGN AND MAST ARM PROJECT, LOCATED ALONG WEST COMMERCIAL BLVD WEST OF NW 47TH TERRACE; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID DOCUMENT IN THE PUBLIC RECORDS OF 40 BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 20-85 of the City Code, requires the owner of a property to dedicate an easement to the public when there is not sufficient room within the right-of-way for construction of sidewalk adjacent to all property abutting a public street; (attached hereto in map form as "Exhibit 1"); and WHEREAS, there is not sufficient room within the right-of-way at West Commercial Blvd West of NW 47th Terrace to construct a sidewalk and to accommodate a FL Turnpike Directional Sign and Mast Arm for the FL Turnpike Mast Arm Project; and WHEREAS, the City of Tamarac, as the adjacent property owner has offered this Sign Easement, attached as "Exhibit 2", herein; and October 22, 2019 -Temp. Reso. #13253 Page 2of 3 WHEREAS, the City of Tamarac, is providing a non-exclusive Sign Easement over and upon the servient estate for the installation of a FL Turnpike Directional Sign and Mast Arm located along West Commercial Blvd West of NW 47th Terrace, (a sketch which is attached hereto as "Exhibit A" to "Exhibit 2", herein); and WHEREAS, it is the recommendation of the Director of Public Services that this Sign Easement be accepted, approved, executed and recorded; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to accept, approve, execute and record this Sign Easement with the State of Florida, Department of Transportation, for the FL Turnpike Directional Sign and Mast Arm Project located along West Commercial Blvd West of NW 47th Terrace as required for the construction of the FL Turnpike Directional Sign and Mast Arm. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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 upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. Section 2: The City Commission hereby authorizes the acceptance and execution of this Sign Easement with the State of Florida Department of Transportation, for the FL Turnpike Directional Sign and Mast Arm Project located along West Commercial Blvd West of NW 47th Terrace; and the appropriate City Officials are hereby authorized to execute said easement. Section 3: The City Clerk is hereby authorized and directed to record said • document in the Public Records of Broward County. October 22, 2019 -Temp. Reso #13253 Page 3of 3 S 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /3 day of ,011;fry - , 2019. 071(49 ICHELLE J. GOMEZ • MAYOR ATTEST: LILLIAN PABON, CMC ACTING 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 I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM • Sjai/44EL )- j ,Vbhf . GOV N CITY ATTORNE T Instr# 116186369 , Page 4 of 13 0 TR 13253 EXHIBIT 1 TAMARAC CITY OF TAMARAC SIGN EASEMENT e City For Your Life TR#13253 ' ,e 1r /\-- ''� F. ,.i't� _ `fit . 3 f- F N. 11." ''' '1% v '. i il i .(4> .1.7' .it:, \ tt , , ' err ' 'CI' r • lk, +~'"` •,� ik ',� may ' ,.s �y+ ' • J r •x'� ty, \ ,,, , . ,..N, , , 0' . .,,,,, I., ., .1: 7..:,. /I:C:1 ::::" 141!":' . i 'y. t< 4 LOCATION 141 b,1 (jam] S r f/ ♦ ttr4 �/ a •. v. /./ ' ' ' 44 R - \ \ _ `4*i %� - �i C V' A f O , -k 7 1(,-/. ,0„ , _,,. , ,,,. u 'ram Z ‘ s / \1, ',.. \ ' "11,‘ * A, - - ,/, ''•, `�. , 40.esign By: EJW Date: 10/17/2019 FL TURNPIKE MAST ARM PROJECT Created By: EJW Date: 10/17/2019 Exhibit 1 Checked By: Date: EJW City of Tamarac, Broward County, Florida Approved By: Date: 10/17/2019 Sec. 13, TWP. 49, RGE 41 Instr# 116186369 , Page 5 of 13 TR 13253 EXHIBIT 2 • TAMARAC The City For Your Life CITY OF TAMARAC SIGN EASEMENT FOR: FL Turnpike Mast Arm Project NAME OF PROJECT This SIGN EASEMENT made this 13th day of November, 2019, by the State of Florida, Department of Transportation, having an address of Turnpike Headquarters, P.O. Box 613069, Milepost 263, Florida's Turnpike, building 5315, Ocoee, Florida 34761, (hereinafter"Grantee"), and the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88tt'Avenue, Tamarac, Florida 33321, (hereinafter"Grantor"). (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). •Aim 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 perpetual sign 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: •• 1 Instr# 116186369 , Page 6 of 13 • TR 13253 EXHIBIT 2 S 1 Grantor hereby grants and conveys to Grantee, its successors and assigns, a perpetual sign easement over and upon the servient estate for the installation and maintenance of a mast arm for a sign. 2. Grantor reserves all rights not herein granted pursuant to this perpetual sign easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further perpetual easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the perpetual sign easement herein granted or the exercise of the rights of use thereunder. 3. The provisions of this perpetual sign easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with • and binding upon the servient estate. 4. This perpetual sign easement shall not be released or altered without consent of the Grantee. III° 2 Instr# 116186369 , Page 7 of 13 • TR 13253 EXHIBIT 2 • IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. State of Florida, ( E)bepartment of Transportation 41114 Clo:Lut. Witness 1,&� ,` T Name/Title Type Name St Witness Type Name V--1 ot S-e- Type Name/Title ...- ---) ...70:41,...1).—„_- STATE OF FLORIDA : : SS COUNTY OF 51410.04eca : •MP 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 petiati UMi to me !nowt, to be the person(s) described in and who executed th -foregoing instrument and v'� acknowledged before me and under oath that executed the same. j WITNESS my hand and official seal this 47— day of cJ 1y 2019. Notary public State of Florida �" N�ml AnoY NOTARY PUBLIC, State of Florida My con+mla.lp°n<;o i 74418 at Lame To / Expires 01/1D12022 41% /4067); Arrop (Name of Notary Public: Print, Stamp, or type as Commissioned) ( 4ersonally known to me, or ( ) Produced Identification Type of I.D. Produced Alk. ( ) DID take an oath, or( ) DID NOT take an oath. 3 Instr# 116186369 , Page 8 of 13 • TR 13253 EXHIBIT 2 • ACCEPTED BY CITY OF TAMARAC \`• 1P aRg1,11,, GRANTEE V'• yvs4w •C' By: 4-PA SO ",3 Miche� 4 Mayor lie J. Gomez y + V 5�P Jt 41 Date: �� f /7 ATTEST: /r,f 1 0 GQU 0 .\ t,,,1), Michael C. Cemech City Manager Lillian Pabon, CMC + Assisisfiar*City Clerk Date: i / e A6z/n/4._ .. = as to form: By:. '" 7 ( ,, /a. , 15, STATE OF FLORIDA S. uel S. Goren, : SS City Attorney COUNTY OF a.011* ; SO I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and In Gounaforesaid to take acknowledgments, personally appeared Mich e/ re rNe 611 to me know to be the person(s) described in and who executed the foregoing instrument and h acknowledged before me and under oath that I, a executed the same. WITNESS my hand and official seal this /I day of /147/1-- 2441j2. 'wafer NOTARY PUBLIC, State of Florida ( '. Mo__ 4tMeoraoa� at Large . reef xx1M! Cv.ici: ` w �WM 7:161 N e'd sJ (Name of Notary Public: Print, Stamp, (X) Personally known to me, or or Type as(Commissioned) ( ) Produced identification N /! Type of I.D. Produced ( ) DID take an oath, or(>6 DID NOT take an oath • 4 Instr# 116186369 , Page 9 of 13 • TR 13253 EXHIBIT 2 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written, ATTEST: MORTGAGEE By: By: Type Name Type Name Corporate Secretary President (Corporate Seal) STATE OF FLORIDA. . SS COUNTY OF 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 to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of 2019. NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) ( ) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath. 5 Instr# 116186369 , Page 10 of 13 • • TR 13253 EXHIBIT 2 AFFIDAVITAE-Elphyil_amLLIEgomplaryiguiE E E NO APPLICABLE I, do hereby affirm that I am the of and that I have executed a Sidewalk Easement with the City of Tamarac for project and that I am the owner of the property covered by said Sidewalk Easement. There are no mortgages held on the property, which is the subject of said Sidewalk Easement. FURTHER AFFIANT SAYETH NOT. (Signature) This day of , 200_. STATE OF FLORIDA SS COUNTY OF 11111 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in II the State aforesaid and In the County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of 200 NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) ( ) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath. •• 6 Instr# 116186369 , Page 11 of 13 0 -• . TR#13253 Exhibit "A" TR 13253 EXHIBIT 2 LU STATE ROAD 91 - FLORIDA'S TURNPIKE S.P.N.cC 86470-2301 LEADERSHIP OF TAMARAC, Ili PHASE I ck $4 P.B. 76, PG. 35 m �Q POINT OF z 0 -).1COMMENCEMENT PARCEL 'A" II PA W,RCE CORL.,"A" :4, TRACT 7 LU VI ' '~ �;.; \ o 46 FORT LAUDERDALE a 4,', TRUCK FARMS _ VI �` P.B. 4, PG. 31 'A� s��, © °RTUAL 4110. '415 EASEMENT .eso 410 \ (, 4. �F ID \ ao. �►. \\;)\:\ .POINT OF �` $' `' `°�• 9 BEGINNING °o, PARCEL 801 • •P ��� i i 240 SQ, FT. Q 2, �% TEMPORARY 940 POINT OF ` ,c., y CONSTRUCTION -'? .S BEGINNING 9��� EASEMENT • PARCEL 700 �0 s L � 1 St O� \ \`. Q> \ N50°16'58"E . C \ (550°16 58'W) ` 12.00' . . • \CQ • lr \ \0 NOTE: 1. SEE SHEET 1 OF 3 FOR LEGEND, GENERAL NOTES. áYOII �R, ,No.63J6 2. SEE SHEET 3 OF 3 FOR LEGAL DESCRIPTION. FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH OF DESCRIPTION - NOT A SURVEY • - STATE ROAD NO. 91 - FLORIDA'S TURNPIKE BROWARD COUNTY . ET DATE APPROVED RE: GARY R.ROCHE,PSM,TURNPIKE SURVEYOR DATE; FEB.1, 2019 ADD SIGNATURE LINE A:S, 4/2/19 - DRAWN ASCHAEFER 1/29/19 ` REVISION BY DATE ,CHECKED LKNU{SEN 1/31/]9 F.P. NO. 429339-1 S.P.N. N/A SHEET 1 OF 3 Instr# 116186369 , Page 12 of 13 • TR#13253 Exhibit "A" TR 13253 EXHIBIT 2 GENERAL NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON RIGHT OF WAY CONTROL SURVEY F.P. 232254-1, PREPARED BY CONSUL-TECH ENGINEERING. INC., DATED: JANUARY 17, 2002 AND FILED OF RECORD AT THE TURNPIKE HEADQUARTERS. 2. ALL RECORDED PLATS, OFFICIAL RECORDS BOOKS AND DEED BOOKS REFERENCED HEREON ARE FOUND IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA 3. ATTENTION IS DIRECTED TO THE FACT THIS SKETCH MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN OBTAINING SCALED DATA. 4. ALL BEARINGS AND DISTANCES ARE CALCULATED FROM EXISTING R/W RECORDS UNLESS OTHERWISE NOTED. 5. THE EFFECTS OF ROUNDING MUST BE CONSIDERED WHEN USING THIS SKETCH. ALL BEARINGS AND ANGLES HAVE BEEN ROUNDED TO THE NEAREST SECOND WITH DISTANCES BEING ROUNDED TO THE NEAREST HUNDREDTH OF A FOOT. LEGEND B.C. = BROWARD COUNTY COR. = CORNER (C) = BEARING/DISTANCE CALCULATED (D) - BEARING/DISTANCE REFERENCED FROM OFFICIAL RECORD DOCUMENTS F.P. = FINANCIAL PROJECT F.P.C. = FLORIDA POWER CORPORATION LB. LICENSED BUSINESS NO. = NUMBER N/A = NOT APPLICABLE N.T.S. = NOT TO SCALE P.K.D. = PARKER KAYLON NAIL WITH DISK PSM = PROFESSIONAL SURVEYOR AND MAPPER R = RANGE SEC. - SECTION T = TOWNSHIP NOTE: .` .. 1. SEE SHEET 1 OF 3 FOR SKETCH. P. /4 " i_ 11.171P109Ci SUP:4044 2. SEE SHEET 3 OF 3 FOR LEGAL DESCRIPTION. PROF • WRVEVA&MAPPER No,6366 FLORIDA DEPARTMENT OF TRANSPORTATION SKETCH OF DESCRIPTION - NOT A SURVEY STATE ROAD NO. 91 - FLORIDA'S TURNPIKE BROWARO COUNTY • By DATE APPROVED BY: JAMES M.IOWER.TURNPIKE SURVEYOR DATE. FEB. 1, 2019 ADD SIGNATURE LINE A.S. 4/2/19 DRAWN ASCHAEFER 1R9/19 REVISION ev DATE CHECKED LKNIJTSEN 1/31/19 F.P. NO. 429339-1 S.P.N. N/A SHEET 2 OF 3 Instr# 116186369 , Page 13 of 13, End of Document TR#13253 Exhibit "A" TR 13253 EXHIBIT 2 Revised:April 2,2019 PARCEL NO.:801/700 F.P.I.D.NO.:429339-1 STATE ROAD NO.: 91 COUNTY: BROWARD PERPETUAL EASEMENT-PARCEL 800 MAINTENANCE AND CONSTRUCTION A portion of Tract 7,Fort Lauderdale Truck Farms,as recorded in Plat Book 4,Page 31 of the Public Records of Broward County,Florida,lying in Section 13,Township 49 South,Range 41 East,Broward County,Florida,and being more particularly described as follows: COMMENCE at the most Westerly corner of Parcel"A", Leadership of Tamarac Phase I,as recorded in Plat Book 76,Page 35 of the Public Records of Broward County,Florida;thence North 28°58'21"East,along the West line of said Parcel"A",a distance of 22.18 feet to the existing Northerly right of way line of State Road S- 870—Commercial Boulevard,being those lands as described and recorded in Official Records Book 7347,Page 803 of said Public Records;thence South 39°43'02"East,along said existing Northerly right of way line of State Road. S-870 — Commercial Boulevard, a distance of 49.25 feet to the POINT OF BEGINNING; thence departing said existing Northerly right of way line,run North 50° 16'58"East,a distance of 12.00 feet;thence South 39°43'02" East,a distance of 20.00 feet;thence South 50° 16'58"West,a distance of 12.00 feet to said existing Northerly right of way line of State Road S-870—Commercial Boulevard;thence North 39°43'02"West, along said existing Northerly right of way line,a distance of 20.00 to the POINT OF BEGINNING. • Containing 240 square feet,more or less. • AND: TEMPORARY CONSTRUCTION EASEMENT-PARCEL 700 A portion of Tract 7,Fort Lauderdale Truck Farms,as recorded in Plat Book 4,Page 31 of the Public Records of Broward County,Florida,lying in Section 13,Township 49 South,Range 41 East,Broward County,Florida,and being more particularly described as follows: COMMENCE at the most Westerly corner of Parcel "A", Leadership of Tamarac Phase I,as recorded in Plat Book 76,Page 35 of the Public Records of Broward County, Florida; thence North 28°58'21"East,along the West line of said Parcel"A",a distance of 22.18 feet to the existing Northerly right of way line of State Road S- 870—Commercial Boulevard,being those lands as described and recorded in Official Records Book 7347,Page 803 of said Public Records;thence South 39°43'02"East,along said existing Northerly right of way line of State Road S-870 — Commercial Boulevard, a distance of 69.25 feet to the POINT OF BEGINNING; thence departing said existing Northerly right of way line,run North 50° 16'58"East,a distance of 12.00 feet; thence South 39°43'02"East,a distance of 20.00 feet;thence South 50° 16'58"West,a distance of 12.00 feet to said existing Northerly right of way line of State Road S-870—Commercial Boulevard;thence North 39°43'02"West, along said existing Northerly right of way line,a distance of 20.00 to the POINT OF BEGINNING. Containing 240 square feet,more or less. Gary ', ' , Surveyor P • Flori. . Professional Surveyor&Mapper No. 6306 • Sheet 3 of 3