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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-119Temp. Reso. #8201 April 3, 1998 1 CITY OF TAMARAC RESOLUTION NO. R-98-!L! 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 MERRILL GARDENS, LLC, FOR THE MERRILL GARDENS OF TAMARAC ALF PROJECT, LOCATED ON THE SOUTHEAST CORNER OF UNIVERSITY DRIVE AND NW 77r" STREET, TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Merrill Gardens, LLC, the developer of the Merrill Gardens of Tamarac ALF Project is proposing an assisted living facility located on the southeast corner of University Drive and NW 771" Street (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 WHEREAS, Merrill Gardens, LLC, has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Merrill Gardens of Tamarac ALF Project; and Temp. Reso. #8201 April 3, 1998 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Merrill Gardens, LLC, be approved and executed for the Merrill Gardens of Tamarac ALF 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 Merrill Gardens, LLC, for the Merrill Gardens of Tamarac ALF 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 Merrill Gardens, LLC, for the Merrill Gardens of Tamarac ALF Project, located on the southeast corner of University Drive and NW 771h Street. 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. L, Cl Temp. Reso. #8201 April 3, 1998 3 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 /-/Xr ..; JOE SCHREIBER MAYOR ATTEST: CAROL D, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to foruh . RECORD OF COMMIS MITCHELL S. VAFJ MAYOR SCHREIBER CITY ATTOR EY DIST is COMM. McKAYE , DIST 2: V/M MISHKIN DIST 3: COW SULTANOF TR/dav/tk DIST 4: C M...ROBERTS VOTE EXHIBIT I TEMP. RESO. # 8201 CT Li w w TR53 WOODM❑NT > °= SH❑PPES oan¢i W w C i y Z o=a w W���M�N� yr tig J w O r rtnS Vw w m 81 PL n Q n > 81 CT n w w Gr Cj /%/ W w L1..1?� --i ©� $1 ST 81 ST �L z 80 PL W -- j wwwwww H / w w j 80CT /. j/ / $OCt w T R 54 //i/fjjjjj . sd 4 Y w W 80 ST �a �q n HO ST ¢JL WW Z W Q CIR wZ 'IF 79 ST A rXu HE THGA -7TR55 > LVv' n Q TR56 > oA W w w /00 78 CT ¢ W ^ m 79 ST w �$ySTw PH z / AVAL❑N ^ Z ou AN SEC. ESTATES co " 78 CT W PINES Li CIR / 78 PL ^ w 78 ST > �+ TR74 / 00 bi Q w a r j THE CENTRE -Jz w Q a o W❑❑DM❑NT Y U n 78 ST 78 ST 77 ST P R D r/ ^ / TAMARAC ENs a <v scHoo� 4t� Q 76 PL m / C ,,AataCtso rx 76 DR N n i —SITE / �- f-Iv ji/i ij !i LOCATION 76 CT / 76 DR o / Q /� /,/i • /i / // 76 CT j 3P /TAMARAC /j�//�/ S, BELL a j TR75 /PARK 76 ST r-- 76 ST /, / TOWN ro > 73 ST j/ // /, PLAZA > ^ > ^ /L _____ 75 CT Q 75 ST n Q 'ENYIRpN N ALLY ^.i GREENBR I AR !i g SENSITIV� r j a H ¢ 75 ST CAND 90 10 n n n 74 PL' TAMARAC w w MED. 8 O UNIV, UNIV. CTR PICCADILLY j / 73 ST j, MED CTR HOSP, 72 S7 72 ST 72 ST 7 6 5 % > > 3� 71 CT O / Q Q 71 ST PARK W❑❑➢M❑NT m N 71 G� PLACE SQUARE 70 CT THERAPEUTIC j/j,, CT 71 ST a p i!4 'a ACAD MY m ❑ DR KW❑❑D' 3 " TR72C n G DENS// BANK co H I L S ^ N, FMER. 7o CT UNITED ALBERTS❑N 1 ALL SAINTS O O MERRILL GARDENS OF TAMARAC ALF 8201, DWG BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT EXHIBIT 2 Temp. Reso.#8201 T,®:` • r r r � r PROJECT: Merrill Gardens of Tamarac This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this / .3 day of , 1998 , by MERRILL GARDENS, L.L.C., a Washington Limited Liability Company, having an address of 2716 Western Avenue Seattle, Washington, 98121, (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 contained herein shall be deemed to prohibit or restrict Grantor or its Merrill Gardens, LLC TUBPSIEE 1 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. L 0 Merrill Gardens, LLC TUBPSIEE 2 C� IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: Carros+no, Secretary (Corporate Seal) STATE OF WASHINGTON )( COUNTY OF KING )( GRANTOR: MERRILL GARDENS, L.L.C. By: Merrill Associates Limited Partnership, Manager By: The Merrill o Inc., Managing General Partner liam D. Pettit, Jf.-, President I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State is aforesaid and in the County aforesaid to take acknowledgments, personally appeared William D. Pettit, Jr., and John L. Carrosino, to me known to be the persons 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 `day of ��1r. , 1998. Notary Public Scat® Of waenlnpiton KATHERINE R. NICHOLS MV APPchtnent ophu Feb 2. 20D1 ( 4-Personally know to me, or ( ) Produced identification NOTARY PUBLIC, Stated jof 1Washington Name of Notary Public Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( �--YDID NOT take an oath. 0 Merrill Gardens, LLC TUBPSIEE 3 • ATT B S- R Noe, Jr., C t anager ATTEST: By: Carol Gold;CMC/AAE City Clerk STATE OF FLORIDA )( COUNTY OF BROWARD )( ACCEPTED BY CITY OF TAMARAC GRANTEE B� Y: Joe Schreiber Mayor Date: 3 I 9 Q n S. Noe, Jr., ity anager Date: /" I/) Ir 3 J 9 9 App as to form: I'ts11 S. Kraft, 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 t T� SAE *..1_TS ei«p- ," ,Tg..,. to me known to be the person(s) described in and who executed the foregoing instrument and -PM y acknowledged before me and under oath that � executed the same. WITNESS my hand and official seal this -a day of _ IVA 1� , 1998. NOTA Y PUBLIC, Stat f Florida at Large O ` ZZ /, 5 A �z- Zo f:: (Name of Notary Public) (� Personally known to me, or Stamp, or Type as Commissioned) ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( DID NOT take an oath. Merrill Gardens, LLC TUBPSIEE 4 AFC DAVIT SHALL BE COMPLETED WHEN M TGAGEE ,110NATURE IS NOT 01 APPLI,QABLE I, William D. Pettit, Jr., do hereby affirm that I am the President of The Merrill Group Inc., Managing General Partner of Merrill Associates Limited Partnership, the Manager of Merrill Gardens, L.L.C., and that I have executed a Blanket Public Safety Ingress / Egress Easement with the City of Tamarac for the Merrill Gardens of Tamarac 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. F ER AFFIANT SAYETH NOT. (S' atur This 2day of , 1998. STATE OF WASHINGTON )( COUNTY OF KING )( 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 William D. Pettit, Jr., to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this-LL�day of����.rT, 1998. Notary Pubit F ate of WaahingLa►THERINE R. NICHOISntment ExPiro, Feb 2, Z001 ( personally know to me, or ( ) Produced identification K-'uLf 2 NOTARY PUBLIC, State of Washington 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. isMerrill Gardens, LLC TUBPSIEE • r� EXHIBIT A NICK MILLER, INC. Surveying & Mapping Consultants DESCRIPTION (AS PROVIDED) A PORTION OF TRACT 13, OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, AT PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 13; THENCE NORTH 00 DEGREES, 13 MINUTES, 57 SECONDS WEST ALONG THE EAST LINE OF SAID TRACT 13, A DISTANCE OF 838.73 FEET; THENCE NORTH 88 DEGREES, 32 MINUTES, 53 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID TRACT 13, A DISTANCE OF 865.68 FEET TO THE POINT OF BEGINNING OF THE DESCRIPTION, THENCE CONTINUING NORTH 00 DEGREES, 32 MINUTES, 53 SECONDS WEST, A DISTANCE OF 400 FEET; THENCE NORTH 00 DEGREES, 12 MINUTES, 16 SECONDS WEST, PARALLEL WITH AND 53.0 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID SECTION 3, A DISTANCE OF 424.27 FEET TO A POINT OF CURVE; THENCE NORTHERLY AND EASTERLY, ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25.0 FEET, AN ARC DISTANCE OF 39.99 FEET; THENCE SOUTH 88 DEGREES, 32 MINUTES, 53 SECONDS EAST, A DISTANCE OF 374.27 FEET; THENCE SOUTH 00 DEGREES, 12 MINUTES, 16 SECONDS EAST, A DISTANCE OF 450.00 FEET TO THE POINT OF BEGINNING (THE "PROPERTY") DATE: -z- Z* - / g GARY A. RAGER PROFESSIONAL SURVEY AND APPER CERTIFICATE NO. 4828 STATE OF FLORIDA FEBRUARY 24, 1998 SHEET 1 OF 2 97032E-1 2560 RCA Boulevard, Suite 105 • Palm Beach Gardens, Florida 33410 (561) 627-5200 • Fax: (561) 627-0983 • Email: nickmill@gate.net 100 53' 1 53' GRAPHIC SCALE 5D 100 200 ( IN FEET ) 1 inch = 100 ft. 400 106' ? D=91' 39' 23" ry EIFA ATE"SUBDIVISION In L =39.99 S88' 32' S3" E 0wWwr>mrs.r36rQ4" LO R=25.00 N Cv CD 'T N O N p LEGEND:"j D = DELTA (CENTRAL ANGLE) L = CURVE LENGTH ICI ISO O R = RADIUS x z P.S. = PLAT BOOK p o w PG. = PAGE RIW = RIGHT OF WAY w = CMTIMU INF w V) N O.R.B.= OFFICIAL RECORD BOOK J N N W 4 O � Z Cn 53 5S P.O.B. N 88' '. 53" W `53.01 N88' 32' 53" W 400.00 885.68' ��o EAST LINE OF TRACT 3o r• (PER P.B. 4, PG. 31) 00 n A PORTION OF TRACT 13 PO�'- FORT LAUDERDALE TRUCK FARMS •j cn P.B. 4, PG. 31 P.D.C. SOUTHEAST CORNER OF TRACT 13 FORT OUTHWESTCORNER LAUDERDALE TRUCK FARMS SUBDIVISION SECTION 3, TOWNSHIP 49 SOUTH, OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE41 EAST RANGE 41 EAST,PLAT BOOK 4, PAGE 31 NICK MILLER, INC. Surveying & Mapping Cansuit SUITE 105 2560 RCA BLVD, PALM BEACH GARDENS, FLORIDA 33410 TEL 561 627-5200 FAX 561 627-0983 D.B.P.R. BUSINESS LICENSE No. 4318 SKETCH AND DESCRIPTION PREPARED FOR: SCALE: 1" =100' MERML GARDENS L.L.C. BATE: 2-24-98 NOTE: NOT A SURVEY JOB NO, 97032E 2 OF 2 FILE: 97032E-1.DWG