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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-322Temp. Reso. #9569 October 9, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-322 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH INDUSTRIAL DEVELOPMENT CO. OF AMERICA, L.L.L.P., FOR THE MCNAB BUSINESS PARK PROJECT, LOCATED ON THE SOUTH SIDE OF MCNAB ROAD JUST EAST OF HIATUS ROAD, TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES SUCH AS UTILITY, CANAL, FIRE AND POLICE PROTECTION, EMERGENCY AND OTHER PUBLIC SAFETY SERVICES; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID DOCUMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Industrial Development Co. of America, L.L.L.P., is the Developer of the McNab Business Park Project located on the south side of McNab Road just east of Hiatus Road (a copy of which is attached hereto in map form as "Exhibit 1"); and WHEREAS, a Blanket Public Safety Ingress/Egress Easement is required by City Code Section 24-580 (1)(3)(a), to provide proper access to private property for municipal services; and 1 Temp. Reso. #9569 October 9, 2001 2 WHEREAS, Industrial Development Co. of America, L.L.L.P., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the McNab Business Park Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Industrial Development Co. of America, L.L.L.P., be approved and executed for the McNab Business Park 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 Industrial Development Co. of America, L.L.L.P., for the McNab Business Park Project. 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. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute a Blanket Public Safety Ingress/Egress Easement (a copy of which is attached hereto as "Exhibit 2") with Industrial Development Co. of America, L.L.L.P., for the McNab Business Park Project, located on the south side of McNab Road just east of Hiatus Road. SECTION 3: The City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. 1 1 1 Temp. Reso. #9569 October 9, 2001 3 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 14th day of November, 2001. ATTEST: MARION SWENSON, CMC CITY CLERK I H Y CERTIFY that I ve a pro ed this RESO UT�N A to form. ITCHELL S. K CITY ATTORP TR/dm/db F. JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER _Alyea DIST.1: COMM. Ayel P,C T 2: COMM. MISHKIN_Alye, DIST 3: V/M SULTANOF_Aly_ev DIST 4: COMM. ROBERTS Al ev EXHIBIT 1 TEMP. RESO. # 9569 " a a_ w 3 LN. HITMA LN. P TRII BAILEY JP ,� G� LN. GP ��. �� PERIW NKEL LN. Wo CAPTIVA r EA HIBISCUS LN. 7 4 PALM IDGE LN. JEWEL BOX LN. N5EL WING DR. 71 pi , f ; j/11�iES w� ��. sl - >;G� 7 Q a 7Q `� a s�r�( g7� jp G� �� �oti .� i 7d 71 St �, $ 74co Apr m MCNAB ROAD o TEE PLAT TAMARAC MARKET x ................ PLACE SITE LOCATION ZEPHYRHILLS L❑VESHAW I.T.W. MIMA 67 ST 1 W SUNBELT MEDIA❑NE PRECISI❑N ARCH y ALUMINUM W a W p y Z CULLIGAN J + WATER J W COMPANY r- a P I Q ¢W Z Cp O VW PUBLIC SERVICES LAND SEC, COMPLEX 7 a � Ld W a p-• w N Q WESTP❑TNT T a G � z cdi� a q a L" C7 Q d � J � McNAB BUSINESS PARK.DWG McNAB BUSINESS PARK BLANKET PUBLIC SAFETY INGRESS/EGRESS Exhibit 2 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: McNab Business Park (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this (- day of_!y©✓�ml�.-�. 19J by dustrial Development Co. of America, LLLP having an address of 4100 North Powerline Road, Suite B-2, Pompano Beach, F1 33073 .,.�; (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. 981208 1 Blanket Public Safety Ingress/Egmss Easement It is acknowledged that Grantor, or its successors, intends to construct 101, 92Q sF o ndustrial s ace and other improvements upon the above -described property, and I• nothing contained herein shall be deemed to prohibit or restrict Grantor or its sgccessors 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. 981208 2 Blanket Public safety Ingress/Egress Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLL'P� By: By: Type Name Type Name e L e General Partner (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 nd in th=to aforesaid to take acknowledgments, personally appeared S. me known to �e the person(s) described in and who executed the Pregoing instrument and acknowledged before me and under oath that execut d the same. WITNESS my hand and official seal this day of dA L4W. ( iPersonally known to me, or ( ) Produced Identification N6 ARY PUBLIC, State of Florida at Large ; fin FIS...R�. Ann Mittelman ':•= MY COMMISSION # CC645639 WIRES n= July 21, 2001 AONOEO TNRU TROY FAIN INSURANCE, INC (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. 981208 3 Blanket Public Safety Ingress/Egress Easement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swenson, CMC City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jo hreiber Mayor Date: By: r-���c--- �Jeffrey L.PWIlerl- City Manager Date: r STATE OF FLORIDA Mitch II .'Kraft, : SS City Attorney COUNTY OF i Uoi6 O I HEREBY CERTIFY that on this day, befor . me, an officer duly authorized in the State foresaid and in the County aforesaid to take acknowledgments, personally appeared -LF_F_1 l.. p1)LZE1-°to me known to be the person(s) described in and who executed the foregoing instrument and 7HE,1 acknowledged before me and under oath that --IjEv executed the same. WITNESS my hand and official seal this 1 -1I- day of 2Q ® I DAWN M. LESNIAKOW5KI NOTARY PUBLIC, Atatp of Florida COMMISSION CC962198 at Large EXPIRES AUG 20 2004 BONDED THROUGH ADVANTAGE NOTARY ✓S Personally known 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 981208 4 Blanket Public Safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Lee S. Lasser do hereby affirm that I am the General Partner of Industrial Development Co. of America LLLP and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for McNab Business Park project and that I am the owner of the property covered by said Blanket Public Safety Ingress/Egress Easement. There are no mortgages held on the property, which is the subject of said Blanket Public Safety Ingress/Egress Easement. STATE OF FLORIDA SS COUNTY OF -5,ei w4AP : FURTHER AFFIANT SAYETH NOT. (Signature) This day of 1V9 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 Z-,eeS• &x to me known to be the person(s) described in and who executed the foregoing instrument and _acknowledged before me and under oath that _ hr.- executed the same. WITNESS my hand and official seal this day of NOTAKY PUBLIC, State of Florida Ann Mittelman at Large MY COMMISSION N CC645639 EXPIRES =�' o July 21, 2001 BONDED THRU TROY FAIN INSURANCE, INC. ( v"Personally known 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. 981208 5 Blanket Public Safety ingress/Egress Easement SMETCH TO ACC®bffAH Y LEGAL Im]E50=10H ((DVEL41IL .OII'TZ) McNAB BUSINESS PARK TAMARAC, BR 0 WARD CO. FLA. TRACT S FLORIDA FRU I LANDS CO. SM NO. 2 CR9. 1, POL 102) -_—_- - ---- S00'44 46 E_ -- ---- ------ �wi r _--_ -� - .i Im I I I I I Iz I 1 I I ICON II ' I I �I I P II I p l l l I I aIoNol I g I I '� C lira Z. Z. I I � IA � 9 Z 0 a v � Nlrn I I E0 I I Cn I I ~rA v l I I R 1 11 N \ I I 104th m I I IAVE. \ I I L� 55.0'� i I " I I I I `�°. , I I�� J co II I I I Ivlru Vie m I II I I I i l l I I I I I �Enca I I I 1 I I cn IW I I � iw I II ----------- -_-- __ �_..�.._......__ J 67.0'� TRACT "A" PREPARED UN SUPERVISION: TAMARAC MARKET PLACE t18r PQ 20), BRIM ALFONSO G. TELLO CRETARY-TRESURER 1"= 100 FLA. PROF. LAND SURVEYOR N' DATE: )z-22-2001 ,,i5cb a d I � 4 1 2978 File name: K:\074941\McNab Business Park\Water ORDER N" 183342 and Sewer\dwg\J & J Plat Legal Description SHT 1 OF 2 LEGAL DESCRIPTION TO ACCOMPANY SKETCH (OVERALL SITE) Parcel "A", "J. AND J. PLAT", according to the plat thereof, as recorded in Plat Book 152 at Page 3 of the Public Records of Broward County, Florida. All of the above lying and being in Section 7, Township 49 South, Range 41 East, City of Tamarac, Broward County, Florida. NOTES: 1. Bearings shown hereon refer to an assumed South 89 degrees 33 minutes 15 seconds West, along a portion of the Southerly Right -of -Way line of McNab Road as shown on said plat of "J. and J. Plat" (Plat Book 152, Page 3). 2. This is not a Boundary Survey. File name: K:\074941\McNab Business Park\Water ORDER N° 183342 and Sewer\dwg\J & J Plat Legal Description SHT 2 OF 2