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Home My WebLink AboutCity of Tamarac Resolution R-98-352Temp. Reso. #8441, November 3, 1998 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- �- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH MEDIAONE OF GREATER FLORIDA, INC., FOR THE MEDIAONE/ARCHIBALD SITE PROJECT, LOCATED ON McNAB ROAD BETWEEN NW 80" AVENUE AND NW 84" AVENUE, TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES SUCH AS UTILITY, CANAL, FIRE AND POLICE PROTECTION, EMERGENCY AND OTHER PUBLIC SAFETY SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, MediaOne of Greater Florida, Inc., the developer of the MediaOne/Archibald Site Project, located on McNab Road between NW 80" Avenue and NW 84'" Avenue (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, MediaOne of Greater Florida, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the MediaOne/Archibald Site Project; and 1 1 Temp. Reso. #8441, November 3, 1998 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with MediaOne of Greater Florida, Inc., be approved and executed for the MediaOne/Archibald Site 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 MediaOne of Greater Florida, Inc., for the MediaOne/Archibald Site 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 2 accept and execute a Blanket Public Safety Ingress/Egress Easement (attached hereto as "Exhibit 2") with MediaOne of Greater Florida, Inc., for the MediaOne/Archibald Site Project, located on McNab Road between NW 8o'h Avenue and NW 84" Avenue. 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 n 1 Temp. Reso. #8441, November 3, 1998 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: passage and adoption. ..; This Resolution shall become effective immediately upon its 3 PASSED, ADOPTED AND APPROVED this day of 'v CAROL 6OLD, CMC/ CITY CLERK HEREBY CERTIFY that I have approved this RESOLUTION as to f m. MITCHELL 5 R T CITY ATTORNEY TR/krs/mg JOE SCHREIBER MAYOR RECORD OF COMMISSIO MAYOR SCHREIBER DIST 1: COMM. McKAYE Ile DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4; COMM. ROBERTS EXHIBIT 1 10 • IND1urm:ND991w.liff•z,E91 A Cl CI W Z �uLo > ¢ > Q jj%j j W W W W Ci T R55 > 79 ST // jj y W W i s TR56 > q Q 78 CTC17 ^ cq 7$••S W T THC W AVALON ^ o0 W W W W W W •WOODMONT W p INCS W CIR % ESTATES co °^° m 78 CT W w W COUNTRY W pq 78 PL W W W W W W�B W 78 ST W W W QTHE CENTRE °0 �W w ``q ¢ Li�� W W W W WOODMONT z Ln n AW W W W d Q 4 I > TR74 � OO ST W W w W } W W W W ¢ a AQ377 Q tAE MAREMAC W SCHOOL 75y cW W W q d ,a AL rW PALM n O��q > y PAL T CIR ti�� m S.BELL m W SIL C a 73 TAPARK C � PA L a CT j q 76 ST w � y y P�'M I. TR75 Ice 73 $r TOWN PLAZA }- ^ a n 751 ST W GREENBRIAR 1'p 7-ENVIRONMENTALLrY% vj C g _ IT V r LAND_ cy- VP13DMIINT WLLJ 7� ST %�i y W W r /W TAMARAC //W W W W r r� • ME D. Z PICCADILLY 72 CT W r �j UNIV. UNIV. CTR j W W y y ST � ^ H❑SP MED CTR . 72 ST 72 ST Lti / CT u 0� W W ��F•R 3¢ �� 71 Qptit' R72B Cl PARK WOODMONT 71 a PLACE THERAPEUTIC SQUARE J4 Ups, W W W j j� CT Q, t• W 71 ST TR72C a ACAD MY � m WINN DIXIE 'r00 R72A % PIN APP E PK � HIL S n BA1 70 ST a WENDY'S N.AMER. z0L; Ld ci as Q f-w 70 CT Ist UNION LBERTS❑N -J 0� Q ' §`"'.wy z ~y WOODMONT WOODMONT z Q >z ALL SAINTS PLAZA LUTHERAN BANK SHELL O H ? / z as wW COMMONS J NATIONS BANK ,mw 3 v SITE—)IfW W , McNAB ROAD TEXACO TAMARAC LOCATION W y CONCORD VILLAGE PLAZA • W W W W W W W W -WOO W W W W W W W y y W W W W -V LA '�' W W W W W W W UNIVERS]TY TS. COMMONS \ W W W W W W W W •\ W W W SANDS P❑INT �� \ y W W Y W W Cn. BELLE N� W TERRE > OF VCRSAILLE"S TAMARAC y �\ W cARACNS y .. MEDIAONE/ARCHIBALD SITE BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT MEDIAI_ARC.DWG "Exhibit 2" TA MARAC LIIIES BLANKET PUBLIC SAFETY INGRES /EGRESS EASEMENT PROJECT: Mediaone - Archibald Site (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of ,199 ,by Mediaone of Greater Florida, Inc. having an address of 141 N.W. 16th street, Pompano Beach, FL 33060 (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 a fiber optic equipment buildinQand other improvements upon the above -described property, and 961010 1 0 Bpsiee.wpd 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 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 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year • first above written. Type Name John A. Waksmunski Assistant Corporate Secretary (Corporate Seal) STATE OF FLORIDA COUNTY OF DUVAL : SS GRANTOR Type Name Naric Powell vice President, Marketing 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 John A. Waksmunski and Nancy Powell 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. 0 WITNESS my hand and official seal this 28th day of September 199 8 . _ i`•'"Y rye . DAPHNE L. PADGE7r P MY COMMISSION # CC 725390 of Flo EXPIRES: April 16, 2002 NOTAR PUBLIC, State rida Bonded Thru Notary Public Underwriters at Large (gx) Personally know to me, or ( ) Produced identification Daphne L. Padgett (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. C, 961010 3 Bpsiee.wpd IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTES By: 1 � RobArt S. Noe, Jr. City Manager ATTEST: By: Carol Gold, CMC/AAE City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe&Whreiber Mayor Date: By: Ro . Noe, Jr. City Manager Date:_ /,)-//(I / �9 Aporo�4d aq to STATE OF FLORIDA Igchk S. Kraft, : SS City Attorney . COUNTY OF agawA4b 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the �unty aforesaid to take acknowledgments, personally appeared J Ir � S r-orto me knowr) to be the person(s) described in and who executed the f regoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this n day of 199 b/ 171 ( Personally known to me, or ( ) Produced identification NOTARY PUBLIC,'State of Florida at Large OFFICIAL NOTARY SEAL NARION SWENSON NMARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC605215 MY COMMISSION EXP. DEC. 15.2000 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or ( r61--D NOT take and oath 980605 Blanket Public Safety Ingress/Egress Easement 4 FFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGN TUBE N T . APPLIC ABLE I Nancy Powell do hereby affirm that I am thevice President of Mediaone of Greater Florida, Inc. and that I have executed a Blanket Public Safety Ingress / Egress Easement with the City of Tamarac for 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 AF NT SAYETH NOT. (Signature) This 28 day of September , 199 s STATE OF FLORIDA : SS COUNTY OF DUVAL 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 Nancy Powell to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that _she _...... executed the same. WITNESS my hand and official seal this 28 day of September 199 s � �0. NOTAR PUBLIC, Stat6� of Florida 5^.Y •°s DAPHNE L. PADGE T T �arge MY COMMISSION 4 CC 725390 EXPIRES: April16,2002 JDaphne L. Padgett arr4d' Bonded ThruNotary Public Underwr a of Notary Public: Print, Stamp, or Type as Commissioned) ( x) Personally know to me, or ( ) Produced identification Type of I.D. Produced ) DID take an oath, or ( x ) DID NOT take an oath. 961010 5 Bpsiee.wpd EASEMENT DESCRIPTION TO THE CITY OF TAMARAC ril EXHIBIT "A" BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT LOT 10, BLOCK 35, McNAB COMMERCIAL SUBDIVISION NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7.3, PAGE 28 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SHEET 1 OF 2 CERTIFICATE OF SURVEYOR - I HEREBY CERTIFY MORGAN & EKLUND, INC. THAT THE DESCRIPTION SHOWN HEREON MEETSCOAMOSSION No. THE MINIMUM TECHNICAL STANDARDS AS CON- TAINED IN CHAPTER 6107-6, PROF'68$IONAI� SURVEY 00N8LTAN8 rsrR4rrvF aDEj AN FsLe0c 7Z- _ , A3818.02 8745 U.S. HIGHWAY 1 P.O. BOX 1420 WABASSO, FL 32970 PHONE: (561) 388--5364 FAX: (561) .388-3165 1500 S.E. 3RD "COURT SUITE 203 0EERFIELD BEACH, FL 33441 PHONE: (954) 421-6882 FAX: (954) 421-0451 LATE RONALD B. EKLUND. PLS REGISTERED LAND SURVEYOR No. 2559 8126198 STATE OF FLORIDA u X W. 70th STREET 20' A S P H A L T b ROAD WA Y b 20 A SPHAL T ROADWAY 12' CONC. HEADER CURBwaa ----- S.B8�O1 •� c 1� A S P H A L T A P R 0 N _- 5CWALK____.io tMW I ww y I ° w ONE "LCOR� Vow I I \wA 50' BU1 L Dl NG _ _ SETBACK t - l- I L o r 9UN' Lor �0 8 Lor 9 ! > •$ 1*li1K •w�> l 1 &AW 30,000 SQUARE FEET �j LJ L 0 C K 977Vf wwp 721�.. ,wb 0 �www B ww�Q w° L o C K n 35 low 35 BL 0 C K e1w wp �C !00' BOIL DI NG~ SETBACK 35 .%M� EXHIBIT "A' .,ti e%w NE ------- ---____________________ LI---- SKETCH OF D4:Hff''TION SHEET 2 4F 2 SCALE 1 " = 50' CONC. WALL 1�?99 5' A5PHALr WA 88'01'".i0 . —TCA 130.00' - --- sr ---tie'. ivAL%f -`--- •�_••�_� w°;�w H 945A SPHAL T APRON aye 12 " CONC. HEADER CURB 25' ASP HA I. T ROADWAY the —NAB RDAD1 SOUTH LINE SECTION 4,-TWP. 49S., RGE. 41E". 106' R10HT OF WAY - MORGAN & 87 OURT 11420Y ' ' 500 L38 EKLUND, INC. P.O. BOX SUITE 203 8 02No. 1 PROFEMSKA& SURVEY CONSULTANTS WABASSO, FL 32970 DEERFIELD BEACH, FL 33441 PHONE: (561) 388-5364 PHONE: (954) 421 _6882 FAX: (561) 388-3165 FAX: (954) 421-0451 LIVE . — Z-,