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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-143Temp. Reso.#7875 May 2, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-98- �� 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 MOBIL OIL CORPORATION FOR THE 02-NPG MOBIL PROJECT LOCATED ON THE NORTHEAST CORNER OF NOB HILL ROAD 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, Mobil Oil Corporation, the developer of the 02-NPG Mobil Project is proposing a gas station located on the northeast corner of Nob Hill Road and Commercial Boulevard (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, Mobil Oil Corporation has offered a Blanket Public Safety Ingress/ Egress Easement to the City of Tamarac for the 02-NPG Mobil Project; and Temp. Reso.#7875 May 2, 1997 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Mobil Oil Corporation be approved and executed for the 02-NPG Mobil 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 Mobil Oil Corporation for the 02-NPG Mobil 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 Mobil Oil Corporation for the 02-NPG Mobil Project located on the northeast corner of Nob Hill Road 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 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Fi r 1 Temp. Reso.#7875 May 2, 1997 3 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 �7 day of ..; ATTEST: CARO GOLD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as TR/dav/aml EY JOE SCHREIBER MAYOR RECORD OF COMMISS MAYOR SCHREIBER f DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COW ROBERTS VOTE TEMP. RESO. # 7875 EXHIBIT I w w w 66 ] 66 CT w v�ST 96 AV w D WOOD 1 (SPYGLASS w 65 CT / / / j joI�� y w 94 TERR w w w w THE VILLAGE ©w \�� w i w w w (63 ST) CCiL❑N'i WtST* GnLP wC❑0'PSEw w w w w w / I N. GRAND DUKE C. 61 ST SANTA R❑SA DR. N, PLUM BAY PKWY N, PLUM BAY PKWY m Q 60 ST PLUM HARBOR C, �r RED HEART LN ¢ f 59 Pl, w as 3cz c� Li VERM❑SA L, w w � Q J J z PLUM © 59 CT H A R B � R \C ,\\�\��� \\ \\\ \ \\\\\\ LOCATION THIS SITE 58 ¢ \\ \\\ \\\\\\\\\\ w V, G, C, PARK > ST PLUM�\� (VISUAL GRAPHICS) \BAY\\ _ \����\���\ \\��\��\\� G R A P H L I N E 3 T H E S T ❑ R ❑PACKHERALD MII H E R A A L D FERGUSON 57 ST \\ iW❑1"'1MERCIAL D'LVD C❑ D 370) 02-MOBIL.DWG 02-NPG MOBIL BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT Ift TAMARAC UTILITIES BLANKET BLI FETY INGRESS/EGRESS EASEMENT PROJECT: 02-NPG Mobil (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 10 day of se tember , 1997 , by Mobil Oil Corporation, a New York corporation having an address of 3225_ Gallows Road, Fairfax,_ Virginia 22037-001 , (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. 961010 1 Bpsiee.wpd • It is acknowledged that Grantor, or its successors, intends to construct commercial improvements upon the above -described property, and nothing 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 runningwith and binding g upon the servient estate. This easement shall not be released or altered without consent of the Grantee. 961010 2 Bpsiee.wpd C` • E IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. WITNESS: MOBIL OIL CORPORATION, a New York corporation Name:D. J. her, Attor'ney-in-Faofw COMMONWEALTH OF VIRGINIA ) ) ss.: COUNTY OF FAIRFAX ) On the, 18th day of APRIL , 1997, before me personally came D. J. Fisher, to me known to be the individual described in and who executed the foregoing instrument, and to me known to be the attorney -in -fact of MOBIL OIL CORPORATION, the corporation described in and which by its said attorney -in -fact executed the same, and acknowledged that he executed said instrument as the act and deed of said MOBIL OIL CORPORATION by virtue of a power of attorney dated November 27, 1996, and recorded in the Office of the Official Records Book of the County of Broward State of Florida, on January 13, 1997, in Book 25901, Page 0792. (Notary Seal) Notary Public My Commissi Aires KIMBERLY WHEELAND My Commission Expires Nov. 30, 2000 Notary Public, Commonwealth of Virginia 961010 3 Bpsiee.wpd • AFFIDAVIT COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX Before me, the undersigned authority on this day personally appeared D. J. FISHER, Administrative Manager of Marketing Real Estate, of MOBIL OIL CORPORATION, a New York Corporation, who being by me First duly sworn and under oath deposed and stated as follows: "My name is D. J. Fisher and I am Administrative Manager of Marketing Real Estate of MOBIL OIL CORPORATION, a New York Corporation (the "Company"). I have been appointed as a true and lawful Agent and Attorney -in -Fact by the Company under Power of Attorney (the "Power of Attorney") dated November 27, 1996. The Power of Attorney was executed by authority of the Board of Directors of the Company under resolution adopted January 30, 1986. 1 certify under oath that the Power of Attorney has not been revoked or terminated by the Company and is still in full force and effect. 'This Affidavit is being given for the purpose of setting forth as a matter of record the authority of the undersigned to act on behalf of the Company with respect to the following described property: SEE EXHIBIT A ATTACHED "Further Afflant saith not." Executed the lc day of April, 1997. j�, ?G D. J. FISAdR, Administrative Manager of Marketing Real Estate, of MOBIL OIL CORPORATION 961010 4 Bpsiee.wpd • 11 • COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX The above and foregoing instrument was sworn to and subscribed before me and acknowledged by D. J. FISHER, Administrative Manager of Marketing Real Estate, of MOBIL OIL CORPORATION, a New York Corporation on the -Adth day of 1997, to which witness my hand and seal of office. (Notary Seal) NOTARY PUBLIC My commission Aires: KIMAFALy W14EELANd My Commission Expires Nov. 30, 2000 Notary Puh!ir„ C n r, .�f Virginia 961010 5 Bpsiee.wpd C� r� ATT y: k 1— 5-- C�� \ Noe, Jr., liftnager ATTEST: By: Carol . Gold, ?�t/AAE City Clerk STATE OF FLORIDA SS COUNTY OF BROWARD By: 4 Joe Schreiber Mayor Date: /` d-ti .27. i998' By: S b S. Noe, Jr., City nagger Date: i'7uz, a 7 149 9 Mitchell S. Kraft, City Attorney I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State foresai and in the County afores id to take acknowledgments, personally appeared to me known to be the person(s) scribed in and who executed he foregoing instrument and _ZA#_ acknowledged before me and under oath that executed the same. 199 S . WITNESS my hand and official seal this �7 day of -mat., {F I't P& Ot•PICIAL NOTARY SEAL a PHYLLIS POLIKOFF COMMISSION NUMBER CC390392 ����p My COMMISSION 23.1998 P. 4Personally known to me, or ( ) Produced identification N�*A'R Y PUBLIC, ate of Florida at Large 'e&ZZ"s j41_, �P,0F_ (Name of Notary Public: Print, Stamp, or Type as Commissioned) / Type of I.D. Produced ( ) DID take an oath, or ( 0_6D NOT take an oath. IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. 961010 5 Bpsiee.wpd 0 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGMAITUEE IS NOT APPLICABLE I, D. J. Fisher, do hereby affirm that I am the Administrative Manager of Marketing Real Estate of Mobil Oil Corporation, a New York corporation, and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for o'2-- ?'� PC-, 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. FURTHER AFFIANT SAYETH NOT. Thig day of ARIL , 1997. COMMONWEALTH OF VIRGINIA 0 :SS COUNTY OF FAIRFAX I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Commonwealth aforesaid and in the County aforesaid to take acknowledgments, personally appeared D. J. Fisher to me known to be the person 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 t8thday of AP IL, 1997. KIMBWHEENOTARY PUBL , Commonwealth of My Commissionion Expires Nov, Nov. 30, 2000 Notary R-.-rc .ommonwealth of Virginia Virginia Name K) Personally known to me, or ( ) Produced identification ( ) DID take an oath, or (x) DID NOT take an oath. 961010 7 Bpsiee.wpd UTILITIES BLANKET INGRESS/EGRESS EASEMENT FOR PUBLIC SAFETY LEGAL DESCRIPTION. - A POR77ON OF TRACT 1.3, SECT/ON 8, TOWNSHIP 49 SOUTH, RANGE 41 EAST, "FORT LAUDERDALE TRUCK FARMS" ACCORDING TO THE PLAT THEREOF AS RECORDED /N PLAT BOOK 4 PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA: BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECT/ON 8,• THENCE N.0124 481w, ALONG THE WEST LINE OF SAID SEC77ON 8 FOR A DISTANCE OF 105.34 FEET,• THENCE N.88"35'12 E, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING; SAID POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF NOB HILL ROAD (N.W. 100TH AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 9585, PAGE 113 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE N.0124481W.., ALONG SAID EASTERLY RIGHT OF WAY LINE OF NOB HILL ROAD (N. W. 100TH AVENUE) A DISTANCE OF 208.65 FEET; THENCE N.89'36 02 "E., A DISTANCE OF 243.04 FEET,- THENCE S. 0124 48 E, A DISTANCE OF 243.04 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COMMERCIAL BOULEVARD (N. W. 56TH STREET) AS RECORDED IN SAID OFFICIAL RECORDS BOOK- THENCE S. 89'36 02 -w, A DISTANCE OF 208.65 FEET THENCE N. 45'54 23IK A DISTANCE OF 49.06 FEET TO THE POINT OF BEGINNING. • THE LAST 7WO DESCRIBED COURSES BEING COINCIDENT W17H THE SAID NORTHERLY RIGHT OF WAY LINE OF COMMERCIAL BOULEVARD (NW 56TH STREET). SAID LANDS LYING AND BEING IN 7HE CITY OF TAMARAC, BROWARD COUNTY, FLOR/DA. SURVEMRS NOTES - I . THIS SKETCH OF LEGAL DESCRIP7ON DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION IS N.0124 48"1N. ALONG THE WEST LINE OF SEC77ON 8 - 49 - 41. SURVEYOR'S CER77RCA77ON.• I HEREBY CERTIFY THAT THE SKETCH TO ACCOMPANY LEGAL DESCRIPT/ON" WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND M£E7S THE MIN/MUM TECHNICAL STANDARDS AS SET FORTH BY 7HE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS /N CHAPTER 61G17-5, FLORIDA STATUTES, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. COPIES OF THIS SURVEY ARE INVALID WITHOUT THE EMBOSSED SEAL OF THE UNDERSIGNED. ROBERT BLOOMSMR JR. `,/ PROFESSIONAL LAND SURVEYOR NO. 4134 STATE OF FLORIDA NOT vAUD WITHOUT SHEET 2 OF 2 BLOOMS TER PROFESSIONAL LAND SURVEYORS, INC. FLORIDA L.B. 111 6018 641 N.E. SPENCER STREET JENSEN BEACH, FLORIDA 34957 PHONE 561-334-0868 fF SHEET' 1 OF 2CALE: 1' - SO' ATE: 4-23�-97.B. SKETCH JOB NO. ISM REVISIONS SKETCH TO ACCOMPANY LEGAL DESCRIPTION -91 PREPARED FOR: CITY OF TAMARAC SITE LOCATION: S.W. CORNER OF COMMERCIAL BLVD. & NOBE HILL ROAD, BROWARD COUNTY, FLORIDA. 4rN.89'36 021E 60.0 1 q o N w �o N � O Z N.88'35'12 E 60.00' S 45.54;?j 49.06 0 PARCEL C" LAND SECTION 8 PLAT BOOK 154, PAGE 48 EXHIBIT A 20' NON—EXCLUSIVE UTILITY EASEMENT (O. R. B. 20617, PAGE 410) S 89'36'02" W 243.04' SUBJECT PARCEL BEGINNING 20' UTILITY EASEMENT (O.R.B. 21840, PAGE 882) S 89.36102" W 208.65' COMMERCIAL BOULEVARD (0. R. B. 9585, PAGE 113) SOUTH ,LINE OF_,FCT/O/y POINT OF COMMENCEMENT FOUND A6414 & DISK %OETH do SCHNARS P.C. P. " SOUTHWEST CORNER OF SEC77ON 8 TOWNSHIP 49 SOUN RANGE 41 EAST EXHIBIT A NOT vAUD WITHOUT SHEET 1 OF 2 BLOOMSTER PROFESSIONAL LAND SURVEYORS, INC. FLORIDA L.B. # 6018 641 N.E. SPENCER STREET JENSEN BEACH, FLORIDA 34957 PHONE 561--334-0868 7 SHEET 2 OF 2 SCALE: 1' = 50' DATE. 4-23-97 F.B. SKETCH JOB NO. 1555 REVISIONS SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR: CITY OF TAMARAC SITE LOCATION: S.W. CORNER OF COMMERCIAL BLVD. & NOBE HILL ROAD, BROWARD COUNTY, FLORIDA. 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