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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-050Temp. Reso.#8035 October 21, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-98- "510 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 COLONY WEST ASSOCIATES, LTD. FOR THE WALGREENS PROJECT LOCATED ON THE SOUTHEAST CORNER OF MCNAB ROAD AND PINE ISLAND ROAD TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Colony West Associates, Ltd., the developer of the Walgreens Project is proposing a commercial facility located on the southeast corner of McNab Road and Pine Island Road (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 (n)(1) to provide proper access to private property for municipal services; and WHEREAS, Colony West Associates, Ltd. has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Walgreens Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Colony West Associates, Ltd. be approved Temp. Reso.#8035 October 21, 1997 2 and executed for the Walgreens 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 Colony West Associates, Ltd. for the Walgreens 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 Colony West Associates, Ltd. for the Walgreens Project located on the southeast corner of McNab Road and Pine Island Road. SECTION 3: That the Assistant 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 1 Temp. Reso.#8035 October 21, 1997 3 applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. .e; VC PASSED, ADOPTED AND APPROVED this,-' �5 day of JOE SCHREIBER ATTEST: PATRICIA MARCURIO, CMC ASSISTANT CITY CLERK is RESOLUTION CITY ATTORNEY MAYOR TR/dav/aml RECORD OF COMMISSIO VOTE MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: WM MISHKIN DIST 3: _, COMM. SULTANOF DIST 4: COMi+t, �tOBERTS 0 • rl TEMP. RESO. #8035 y70 ST o «� 70 CT � �� Cw¢ z L37--7- o o? q L'iE LD w n ¢ z ~N W❑ODM❑NT a W❑❑DM❑NT qQa w©>7 or_�a ow ocY...� aQ r" / za ]z o PLAZA �w T a v° w w / w w COMMONS 00 n v Y� D w3 Try IMC1\VAB ROAD xat�x as y CONCORD VILLAGE wW❑❑DLAND LAKES W WOCI W W W W W W .v LA W y y W y S, W y y W COL. W. ��� W �- v SANDS POINT \\.G,. CLUB SITE y / cANN°NGgT' W y W HOUSE LOCATION N. c ON)- W L y W y y Q \\ W W \� W ERS,gILLES GqRD CORAL_ ENS W PALMS* y OLF CAMAS y V L L A S ROKEST W - S. COLONY CIR, y O y PNp� P�gGps APTS. y\ W W W W W Y W Y W L W y W L y W Y WEDGES .`(,�G❑LF COURSE, LAND(\` W SEC, J -�-\\\ FAIRVIEW DR. y BOARDWALK APTS. LiFAIRWAYS 61 ST Irj co g S7 / BOARDWALK APTS. 62 CT 59 PL 59 PL cr SUNSET ] j L_l.1 � j ¢ 59 CT g ISLES 59 C7 a a /� a CEDGEW TER) 61 ST n MAINLANDS co j o r j co 59 ST co UNIT 13 59 ST / m a 3 m m m /j/ WATERSIDE I GO ST 58 PL j/ 58 PL a PL 3 / ly- G' // MAI L NDS Q w n n / w w / �r- 58 CT cc co ~ a j/ UN T I : m 58 58 ST co m/ tkOD cu � 5�S jCT m D57 DR Li MAI 4LA DS UN T/1 �' / // S'9 ST > Li m -7L r- > GREENHAVE //// ¢Li co a 57 PL // m - FAIRHAVE a co 57 PI_ g 12 11 m > m °j � 8741-8767 57 CT 57 CT OFC, BL➢G 57 ST NW 57TH ST PPdlLvAmo ` EARTLAND OF TAMARAC a m F- F n WALGREEN.DWG WALGREENS BLANKET PUBLIC SAFETY INGRESS / EGRESS EASEMENT EXHIBIT 2 Temp. Reso.#8035 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Wal reens (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this s day of "U , 199 7 , by Colony West Associates Ltd. having an address of 120 S. Universily Drive Plantation Florida 33324 , (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 unit and other improvements upon the above -described property, and 961010 1 p P B siee.w d 0 nothing contained herein shall be deemed to prohibit or restrict Grant or for 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. Witnes9f Type Name4����•�'dt/^ l ~720 ddim, -� A Witness Type Name d n O STATE OF FLORIDA COUNTY OF At d: SS (GRANTOR) C boo y wesr Assoc,,c " Type Name/Title Ma Pius, 'i i-� ,,,,,j General Partner 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 AIR ✓✓i 4 Farts l" to me known to be the persons(s) described in and who executed the foregoing instrument and r. acknowledged before me that ^� -e- executed the same. 199WITNESS my hand and official seal this �Otday of Van 0,2r , �. �.1 CHBM L. SIMMONk 4? COMM 451C M r ce.411 +�,� EXPIRES JAN 01, i '�hp�p4 e°rM IMMM04 ( 411"Personally known to me, or ( ) Produced identification ( ) DID take an oath, or ( 0 961010 A:�2��ZX-`9 NOTAR PUBLIC, State of Florida 9t Large e / L. • CSi •.*1 nq aA 4S (Signature of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced "DID NOT take an oath. Bpsiee.wpd 11 • ATT Rqrt. Noe, Jr., City Manager ATTEST: B. 2gZ4,�� Patricia Marcurio, CIVIC Asst. City Clerk STATE OF FLORIDA : SS COUNTY OF BROWARD : ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe reiber Mayor Date: 5' ('� S B Roe Noe, Jr., City Manager I iLy HUUrney 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 at- :5 N9vR,4T 5 lo E :' to me known to be the person(s) described in and who executed the foregoing instrument and 7 acknowledged before me and under oath that executed the same. WITNESS my h nd and official seal this _5 day of 199 . O,P,(!Y P&,OFFICIAL NOTARY SEAL r +'�tYLLI5 POLIKOFF ri `� COMMISSION NUMBER CC390392 MY COMMISSION EXP. ��{ F4�� SEPT 23 1998 (�O Personally known to me, or ( ) Produced identification 6 "F1 Z &-� NO ARY PUBLIC, §t9te of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (V0 DID NOT take an oath. 961010 Bpsiee.wpd AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE •� �% `-\ 1--,6 l I � �ns do hereby affirm that I am the � ���k ��•r �lgf O �.° n w e aT and that I have executed a I nk t Public Safety Ingress / Egress Easement with the City of Tamarac for 7G r(L-1% S 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. FU T AFFI SIT SAYETH NOT. i Mplm/&'-� (Signature) This 6 day of a6 1991�5. STATE OF FLORIDA : SS COUNTY OF I is HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afor said and ipAhe County aforesaid to take acknowledgments, personally appeared arvl n_ t-c145{yr to me known to be the person(s) described in and who executed the foregoing instrument and `i -e, acknowledged before. me and under oath that be, executed the same. WITNESS my hand and official seal this -_.vl day of va , 199 � CHERYL L SIMMONS COMM010H A CC611 na EXPIRES JAN 01. 2001 AXANC 50NIING CO. INC. ✓Personally know to me, or ) Produced identification ( /DID take an oath, or ( 0 961010 NOTAR PUBLIC, State of Florida at Large C'l.ev('11 L . (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. Bpsiee.wpd EXHIBIT "A" • LAND DESCRIPTION: A portion of Parcel "R", WOODLAND LAKES, according to the plat thereof, as recorded in Plot Book 71, Page 18, of the Public Records of Broward County, Florida, described as follows: COMMENCING at the Southwest corner of said Parcel "R". THENCE South 89' 01' 50" East along the South line of said Parcel "R" and a South line of that Right -of -Way for Northwest 88th Avenue (Pine Island Road) and McNab Road described in Official Record Book 10155, Page 107 of the Public Records of Broword County, Florida, a distance of 7.21 feet; THENCE North 04° 15' 44" East along the East line of said Right -of -Way, a distance of 157.62 feet: THENCE North 00° 01' 37" West along said East line, a distance of 40.00 feet to the POINT OF BEGINNING; THENCE continue North 000 01' 37" West along said East line, a distance of 260.00 feet; THENCE North 45° 28' 17" East along said East line, a distance of 32.40 feet: THENCE South 89' 01' 50" East, a distance of 292.24 feet to a point on the arc of a non -tangent curve concave to the Southeast having a radial bearing of North 641 25' 27" West; THENCE Northeasterly, along the arc of said curve having a radius of 22.00 feet, a delta of 551 18' 47", and an arc distance of 21.24 feet to a South line of said Right -of -Way: THENCE South 89° 01' 50" East along said South line, a distance of 3.89 feet; THENCE North 89° 32' 14" East along said South line, a distance of 5.43 feet; THENCE South 00° 01' 37" East, a distance of 309.98 feet; THENCE South 89° 58' 23" West, a distance of 220.00 feet; THENCE North 61° 45' 28" West, a distance of 42.58 feet; THENCE South 890 58' 23" West, a distance of 83.50 feet to the POINT OF BEGINNING. Lying in the Cityy of Tamarac, Broward County, Florida. Containing 100,331 square feet, 2.30 acres more or less. 40 5 I 4 N. W. CORNER SECTION 9/49/41 I I I � d J Oa cc cc w pal Zwl a� J z w C!) y LU �I ZCcpI aX z A. 14 a , o 00' - M C N A B ROAD NORTH LINE SECTION 9/49/41 SCALE: 1' � N89' 01' 50' N 0 NDRTH LINE PARCEL 'R' aOB950'E NB93 3 U'E SB9' 01' 50' E 292.24' A-55,11 47' A-21.24' 5083505023'M 4trif IZ S 2B, 0. B. SOO' SB' 23' N 220. 00` cx �1 LEGEND A ARC LENGTH CENTERLINE A DELTA, CENTRAL ANGLE P.D.D. PRINT DF DFGINNING