HomeMy WebLinkAboutCity of Tamarac Resolution R-97-083Temp. Reso.#7632 January 31, 1997 1
CITY OF TAMARAC
RESOLUTION NO. R-97- 93
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 MCNAB J.V. FOR THE MCNAB MARKETPLACE
PROJECT LOCATED ON THE NORTHWEST CORNER OF
MCNAB ROAD AND UNIVERSITY DRIVE TO PROVIDE
PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL
SERVICES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATA,
WHEREAS, McNab J.V., the developer of the McNab Marketplace is proposing a
commercial shopping center located on the northwest corner of McNab Road and
University Drive (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, McNab J.V. has offered a Blanket Public Safety Ingress/Egress
Easement to the City of Tamarac for the McNab Marketplace Project; and
WHEREAS, it is the recommendation of the Acting Director of Utilities that the
Blanket Public Safety Ingress/Egress Easement with McNab J.V. be executed for the
McNab Marketplace Project; and
Temp. Reso.#7632 January 31, 1997 2
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 execute a
Blanket Public Safety Ingress/Egress Easement with McNab J.V. for the McNab
Marketplace Project.
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 appropriate City Officials are hereby authorized to
accept and execute a Blanket Public Safety Ingress/Egress Easement (attached hereto
as "Exhibit 2") with McNab J.V. for the McNab Marketplace Project located on the
northwest corner of McNab Road and University Drive.
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hereby repealed to the extent of such conflict.
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.
[i
Lj
1
Temp. Reso.#7632 January 31, 1997 3
This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 30 day of htbR11-
1997.
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approve his RESOLUTION as
to for I . f
TR\dav\aml
CITY ATTORNEY
w
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR o
DIST 1: ce
DIST 2:
DIST 3: ComaT
DIST 4: C°M 06 ra Tc
x�
•
r�
TEMP. RESO. # 7632 EXHIBIT I
coQQ
ERN CIR
/ 79 STNr
wz
w w
'�'
¢
i'
Q
TR55
7
a TR56
�u.,
n
78 C T
^
m
y
y
y y W
Sr
N
PINGS
AVAL❑N
ESTATES
W
W❑❑DM❑NT
CUUNTRY
W
Li CIR
/ 78 PL
co -1
78 CT
W
CLUB
W W W=
W
y W
78 ST
7
C3
Z y
W W W
= A / THE CENTRE
pOD W❑❑DM❑NT
aw Lia
``w i
u,
Ld
w
M W
W
y y
TR74
w
�p=3p
77 S
>
/%
TAMARAC
7
y
W 75W
$ W y yco
Q
/
ELEM
SCHOOL
��PCK
Z p
e`age
n
�Rd A1-
y
PALM
^
/
Q PAL
T�
CIR
���0 a^o
�/j /i!ij ;/ i
> S,BELL
sI
w WP L
E
73
Q
W ALA
nQ
CT
��p/TAMARAC/jjlji
P�M�
TR75
/j�/BARK
76
w
ST �-Fl
TOWN
A
� 7y W pj - r —
3 ST
//
!/j!/ /
PLAZA
n
¢
75
n
ST
'ENVIRONMENTALLY
GREENBRIAR
ad
i viE
y p�
C imI /
LAND-
W y
W130DMO T �� W
Li
73 ST j j/ji W W
TAMARAC
>
i j
/ j W y
MED.
'—' O
7a CT //
y y y W r
UNIV, UNIV.
CTR
Z PICCADILLY
ST
J %j
MED CTR H❑SP,
72 ST
72 ST
P
W Q�
/
LOCATION
c� j
y �R w� 3a
THIS SITE
71 CT
W
(
QQti W y
Ri 2B/
C1
W❑QDM❑NT
SQUARE
7,
PLACE
J�
THERAPEUTIC
CT
r W 71 ST
Q
C7
TR72C a
ACAD MYOD
°n°
TR72A
/ IN APP E PK o
HILL n
BANK �O
❑
70 ST
a as
70 CT
N. AMER.
z LOL5 w �
z ca
tiW'-
j
,¢J,
Z W❑❑DM❑NT W❑❑DM❑NT
ALL SAINTS
ALBERTS❑N
O
Jo CL w ¢
w
%
z w� C❑MM❑NS
PLAZA LUTHERAN
NATIONS
SHELL
BANK
W W W
w W
W w W r
MCNAB READ
GW BANK
TExac❑ TAMARAC
y y
... ... y
W
y
CONCORD VILLAGE
PLAZA
W W W y
v W W y
W W W .Wp❑
y y W W `V LA `�'
`' `✓ W W W
UNIVERSITY
SANDS P❑INT
y
W
W W
W W
W W W W TS, COMMONS
W W y W W W W \�N' y
CIA
y y 4NGq pe W W y BELLE
y y W N G�'""NY W \�\� y T H E
W VCRs CjR W W TAMARAC
A IL�G� W W y
y GARACNS W W n
MCNAB MARKETPLACE (WINN DIXIE) MCNMPL,DWG
BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT
TAMARAC UTILITlEa
BLANKET PUBLIC
IN-GRESSIEGRESS EAaEMEN
PROJECT: MrNab Market ace _
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
3o day of APR 1 L _ _ , 199Z, by McNab J.V.
having an address of 2299 SW.aM_Avenue, 4th Floor, Miami, Florida 33145 ,
(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 commercial
structures and other improvements upon the above -described property, and nothing
•
961010 1 Bpsiee.wpd
g3
0 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 governmental 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.
0 961010
2
Bpsiee.wpd
q -� -9 3
. iiv " ';! li irr;SS WHEREOF, Grantor has hereunto set his hand and seal
on, the day and year first above written.
Developer: McNab ,point Venture a Florida
general partnership
Witness
Antonio C. Fraga
Type Name Antonio Fra a
FrLrg*ZMm as Authorized Agent
Wi trre"s s
Antonio Yip
STATE OF FLORIDA
COUNTY OF —D6. SS
I HEREBY CERTIFY that on this day, before me, an Of authorized in the State aforesaid and in the Count a -esaEG er dul
dtO take
acknowleda-,,ents, personally appeared [� C
be the person(s) described in and who executed the forego ngto meknown to
instrumenr
and �_ acknowledged before me and under oath that
same. _..._executed the
-WITNESS my hard and official seal .this �
�
199. - 2-- day of
(L-1 Personally know to me, or
( ) Produced identwfication
c
NOTAR PUBLIC, Sta a of Florida
at Large
(Name of Notary public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( -eDID NOT take an oath.
o%k%1lII11!11/ 14
QUINTq
a #CC 302399 a
A
%9,9 •. � donned •nc° cm •` oQti
•�l�e�lC, STA��'0\���
ATT T:
Robert S. Noe, Jr.,
City Manager
ATTEST:
By:
Carol A. Evans,
City Clerk
STATE OF FLORIDA
. SS
COUNTY OF BROWARD :
ACCEPTED BY CITY OF TAMARAC
GRANTEE
4
By:
Jo hreiber
Mayor
Date: April 30 1997
By.
n
Robert S. Noe, Jr.,
City Manager
Date:
By:
Mitchell . Ki
ity Attorney
to form:
1 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, Mayor, & Robert S. Noe. Jr. , c%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 30 day of April ,
199 7.
tiPaV PO OFFICIAL NOTARY SEAL
;r. PHYLLIS POLIKOFF
-t t C1 COMMISSION NUMBER
CC390393
MY COMMISSION EXP.
Fob Fro SEPi 23 1998
WN"W'Rox,
NOTARY PUBLIC, I
ate of Florida
at Large
Phyllis Polikoff
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
( x) Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( x) DID NOT take an oath.
961010
4
Bpsiee.wpd
K-9 �-83
EXHIBIT A
•
•
•
SURVEY NOTES:
I, NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER,
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS,
OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE PLAT OF 'UNIVERSITY AND McNAB PLAT'
P.B. 135, PAGE 2, BROWARD COUNTY RECORDS) WITH A REFERENCE BEARING OF SOUTH
89' 01' 50' EAST ALONG THE CENTERLINE OF McNAB ROAD.
4. THE 'LAND DESCRIPTION' HEREON WAS PREPARED BY THE SURVEYOR,
5. THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH.
6. THIS SKETCH DOES NOT A CONSTITUTE A FIELD SURVEY AS SUCH,
LAND DESCRIPTION:
PARCEL 'A', 'UNIVERSITY AND McNAB PLAT', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 135, PAGE 2, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA CONTAINING 388,076
SQUARE FEET, (7,5531 ACRES) MORE OR LESS.
CERTIFICATE:
IHEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION AS
DELINEATED UNDER MY DIRECTION ON NOVEMBER 19, 1996. 1 FURTHER CERTIFY THAT THIS SKETCH
OF DECSRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61GI7-6, FLORIDA ADMINISTRATIVE CODE
PURSUANT TO SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
KEIT ,,AND SCHNARS, P.A.
TRIDA
PAN ERS-SURVEYORS
-REGISTRATION N0.4323
SKETCH OF DESCRIPTION
A PORTION OF PARCEL 'A'
'UNIVERSITY AND McNAB PLAT'
(P.B. 135, PG. 2, B.C.R.)
CITY OF TAMARAC, BROWARD CO., FLORIDA
DATE 11/19/96
SCALE I' = 1 00'
FIELD BK. N.A.
DWNG. BY V.C.
CHK. BY J.P.W.
DATE
REVISIONS
°
5
pR)
rrrrr�rrr�rr
ve � f3
rI
40
46. pRp ®ter
m�� m
m
.... ..... a
-grxsAsaa���^��
m
a�
m� sm
a�
PINE 9LAND RD.+
I I�
�I I�
I _l
iUNIVERSITY OR.
S0092'I
'E 646.00'
MCA
_—_—
—
Ns�o
I
A�
I INiaa
I
I I ��m
Om
ed
i
Ia
I
$q
'10?v
a
mac
to rn XI
I
II
a?"
-
���
�L--
msz
- —
)!
2 I
288.
I `r 6a
I
m
I
—
emu+
�
a
p
yff
O
I tea'
I
bm
O
1^1
iTl
y x
m�
y
m1�
ola
rn
G
i �a;�^
�-
Fm�n
r�
ao
yi�
Aq
sm
ym
;Rc
dlSo
I
200,00,
—
I
14=21164 W- -364.53
—
L —
o J
a
.'o
I
WATER AND SEWER UTILITY
AND DRAINAGE EASEMENT
1
UNIVERSITY
(O•R.B.13ST4.PC. T40.9.C.R.)
Y DRIVE
�°mR
�i:
sro 1
ems 1
LINE SECTION 4-49-41-�---------
-
1
y�-
�n9
c�
ym
�mH
y'aoa_
�m
;In
h
"a
z
SKETCH OF DESCRIPTION
A PORTION OF PARCEL "A'
'UNIVERSITY AND MCNAB PLAT"
(P.B. 135. PG. 2, B.C.R.)
CITY OF TAMARAC. 6ROWARD CO.. FLORIDA
DATE 11/19/96
SCALE 1'=120'
FIELD BK. N.A.
DWNC. 8Y V.C.
CHK BY J.P.W.
DATE
REVISIONS