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Home My WebLink AboutCity of Tamarac Resolution R-97-141Temp. Reso.#7846 April 9, 1997 1 Revised June 2, 1997 CITY OF TAMARAC RESOLUTION NO. R-97-A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH THE PEP BOYS, MANNY, MOE & JACK, INC., FOR THE PEP BOYS PROJECT LOCATED ON THE NORTHWEST CORNER OF NW 73RD AVENUE AND COMMERCIAL BOULEVARD TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Pep Boys, Manny, Moe & Jack, Inc., the developer of the Pep Boys Project is proposing an automotive store located on the northwest corner of NW 73rd Avenue and Commercial Boulevard (shown in map form as "Exhibit 1 "); and WHEREAS, a Blanket Public Safety Ingress/Egress Easement is required by City Code Section 24-580 (n)(1) to provide proper access to private property for municipal services; and WHEREAS, the Pep Boys, Manny, Moe & Jack, Inc., have offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Pep Boys Project; and Temp. Reso.#7846 April 9, 1997 2 Revised June 2, 1997 WHEREAS, it is the recommendation of the Interim Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with the Pep Boys, Manny, Moe & Jack, Inc., be approved and executed for the Pep Boys Project; 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 accept and execute a Blanket Public Safety Ingress/Egress Easement with the Pep Boys, Manny, Moe & Jack, Inc., for the Pep Boys Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: E TION 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 appropriate City Officials are hereby authorized to accept and execute a Blanket Public Safety Ingress/Egress Easement (attached hereto as "Exhibit 2") with the Pep Boys, Manny, Moe & Jack, Inc., for the Pep Boys Project located on the northwest corner of NW 73rd Avenue and Commercial Boulevard. SECTION 3: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. ,SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 Temp. Reso.#7846 April 9, 1997 3 Revised June 2, 1997 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 Q day of LTUNE 1997. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have TR/dav/aml JOE SCHREIBER -- MAYOR RECORD OF COMMISSIO� VOTE MAYOR - SCHREIRER ,.� DIST 1: COMM. McKAYE DIST 2: W LMISHKIN DIST 3: COMM. SULTAN DIST 4: COMM. ROBERT • r� u ul TEMP RESO. # 7846 EXHIBIT I z SAINT 62 ST 62 STD %% 62 ST MALACHY w > > > a ~ ¢ / �% w 61 ST a 3 J❑HN H❑RAN TER, ¢ a M M cu 61 ST �� w > N ANDS SE 10 68 60 CT ~ a NATIONS BANK 60 ST 7d j f m %/ 60 ST vz- //j . 59 ST 59 ST /// S // 9 �T WCDn¢i co a� w 58 CT 7 > Ao� ^ 58 ST n n cu 5g ST > W- 7 3g ST on 57 PL / n g ¢ r a �/ w MARSHALLS MAIII L D SEC 9¢ 7 � g n ~ PLAZA o ¢ 57 DR D 57 DR 57 DH.. r. o MA NLA DS SEC 8 57 CT 57 CT n z p 57 ST J Y o�'� > w z J Q MARKETPLACE a wI"-,, rw=¢w �P$❑YS m �z = a a~ ¢ p ❑F' o aa¢aa rl—pq �'<0a zLi TAMARAC wu C❑MMERCIAL BLVD(C❑ RD. 870) LOCATION THIS SITE PEP BOYS BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PEPDUY,DWG A PROJECT: PEP BOYS (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this a Pennsylvania corporation 9 day of June 1997 _, by THE PEP BOYS, MANNY, MOE & JACK, INC. having an address of 3111 W. Allegheny Avenue, Philadelphia, Pennsylvania 19132 (the "Grantor"), and the City of Tamarac, a Florida municipal Corporation having an address at 7525 Northwest 88th Avenue, Tamarac, Florida, 33321 (the "Grantee") WITNESSETH: WHEREAS, Grantor is the fee simple owner of the real property described on Exhibit "A", attached hereto (the "Property"); and • WHEREAS, Grantor desires to create a non-exclusive easement in favor of Grantee for ingress and egress over the property, as indicated on Exhibit "A", upon the terms and conditions set forth herein. NOW, THEREFORE, 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 this Blanket Ingress and Egress Easement to Grantee for the specific purpose of access by Grantee, for Grantee to provide municipal services to the above -described property such as services to existing utilities, maintenance to existing canals, fire protection, police protection, emergency and other public safety services. It is acknowledged that Grantor, or its successors, intends to construct residential dwellings and other improvements upon the above -described property, and nothing 961010 1 Bpsiee.wpd • contained herein shall be deemed to prohibit or restrict Grantor or its successors from constructing any buildings or improvements upon the property, subject to the requirements of Grantee or any other controlling governs rental authority, and upon the construction of any building and improvements upon such property, the easement created hereby shall be subject to such improvements as are constructed and shall be used by Grantee in a manner which is consistent with the buildings and improvements constructed upon the property and which, to the extent possible, will minimize interference with and will be compatible with the construction and use of said buildings and improvements. The provisions of this 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. This easement shall not be released or altered without consent of the Grantee. 961010 2 Bpsiee.wpd le-�?-jy/ • • IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: By: Type Name -Bern r r Corporate (Corporate GRANTO r , / By: /t A� Type 7 James A _ K,j 1 herq Vice Presi ent of Real Estate STATE OF PENNSYLVANTA SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Sta e aforesaid and i the Co my aforesaid to take acknowledgments, personally appeared Ta = o me known to be the person(s) described in and who exec ed the for66oing instrument and c�t' acknowledged before me and under oath that executed the same. / WITNESS my hand and official seal this �' day of 4,6 , 199. Notarial Seal L—// Sharon B. Roman, Notary Public NOTARY PU Philadelphia, Philadelphia Countyy My Commission Expires Nov, 29, 1998 Member, Pennsylvania Association of Notaries ( Personally know to me, or ( ) Produced identification C,/ State of Pennsylvania (Name of Notary Public: Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( /) DID NOT take an oath. 0 9610 10 3 Print, Bpsiee.wpd • • By: ` r-J1 S Robert S. Noe, Jr., City Manager ATTEST: By:� Carol A. Evans, City Clerk STATE OF FLORIDA COUNTY OF BROWARD ACCEPTED BY CITY OF TAMARAC GRANTEE By. Joy chreiber Mayor Date: June 9, 1997 �� "�By. _-� 1 S. f) b- Robert S. Noe, Jr., City Manager Date:_ June 9, 1997 _ Appro'vod q, to fo Attorney 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 Joe Schreiber & Robert S. Noe Jr. to me known to be the person(s) described in and who executed the foregoing instrument and --they acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this 9 day of June , 1997 (✓) Personally known to me, or ( ) Produced identification NOTARY PUBLIC, Stat of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (X) DID NOT take an oath. 9610 4 �p.RY p(ie OFFICIAL NOTARY SEAL PHYLLIS POLIKOFF "Y*;)* COMMISSION NUMBER Q CC390392 ,:IQ MY COMMISSION EXP. 0, F\P SEPT 23 1998 Bpsiee.wpd le `/7-iq/ • E AEEID8VlJPLE G E SIGNATURE APPLICABLE Vice President I James A. Kilberg do hereby affirm that I am the of Grantor and that I have executed a Blanket Public Safety Ingress / Egress Easement with the City of Tamarac for the Pep Boys - project and that * the owner of the property covered by said Blanket Public Safety Ingress / Egress Easement *Pep Boys is There are no mortgages held on the property which is the subject of said Blanket Public Safety Ingress / Egress Easement. FURTHER AFFIA T SAYETH NOT. I (Sig a ure) james A. Kilberg Thi ' ay of , 199_2 STATE OF.PE NSYLVANIA COUNTY OF SS 4 ��- I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and the County aforesaid to take acknowledgments, personally appeared to me kno n to be the person(s) described in and who execute he foregoing instrument and _ _ acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this dayof 199 "7 . iJotarial Seal Sharon B. Roman, Notary Publio N RY PU LIC, State of Pennsylvania Philadelphia, Philadelphia county 1y Commission Expires Ndv, 29, 199B Member, Pennsylvania Asaociadon of Notaries Personally know to me, or ) Produced identification (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced DID take an oath, or ( , DID NOT take an oath. 961010 5 Bpsiee.wpd I � tCD l� anu2ny pa�L ls@mglJON ,•�, 3„OZ,9Z.LOS !•� 6 C)o Of FC p� I vi ,....... I 1 I 1 w I 1 �I , Q I UJ 0 ' I I `/) L, I , COP I co 0I I � 1 1 I 'n I � 1 t 4-0I I I i I cn CD ,ol 1 I N (V I ' �+ N I it I 'n I fig r m N 1 I I I 0'0 ' L I a co I(D i �� ,96'02Z M„S I,LZ.00N C� 'I • C 111 1 1 I I 117 I � I !-� o I n � w C �Q i W o�� I I , N ri b w 1 Co 1 ' I W O ' r - ^M„LZ,9Z. L ON J �" ,0016Z I � CaM m I 1 I w as go W