The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-98-067Temp. Reso.#8129 February 3, 1998 1 CITY OF TAMARAC RESOLUTION NO. R-98- 67 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 BRISTOL PARK OF TAMARAC, LIMITED FOR THE BRISTOL PARK OF TAMARAC ASSISTED LIVING FACILITY PROJECT LOCATED ON THE SOUTHWEST CORNER OF MCNAB ROAD AND NW 70TH AVENUE TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bristol Park of Tamarac, Limited, the developer of the Bristol Park of Tamarac Assisted Living Facility is proposing a commercial facility located on the southwest corner of McNab Road and NW 701" 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 (n) (1) to provide proper access to private property for municipal services; and WHEREAS, Bristol Park of Tamarac, Limited has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Bristol Park of Tamarac Assisted Living Facility Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Bristol Park of Tamarac, Limited be Temp. Reso.#8129 February 3, 1998 2 approved and executed for the Bristol Park of Tamarac Assisted Living Facility 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 Bristol Park of Tamarac, Limited for the Bristol Park of Tamarac Assisted Living Facility 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 Bristol Park of Tamarac, Limited for the Bristol Park of Tamarac Assisted Living Facility Project located on the southwest corner of McNab Road and NW 70th Avenue. 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, ISECTION 5: If any clause, section, other part or application of this Temp. Reso.#8129 February 3, 1998 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 day of /#t44,4— JOE SCHREIBER MAYOR ATTEST: PATRICIA MARCURIO, CMC ASSISTANT CITY CLERK I HEREBY CERTIFY that I aDDroved this RESOLUTIC ITCHEI-t-S. KRAFT CITY ATTORNEY RECORD OF COMMISSIO VOTE MAYOR SCHREIBEF� TR/dav/aml DIST 1: COMM. MCKAYE DIST 2: W 0 MISHKIN DIST 3: COMM. SULTANOF DIST 4: —20—MM. ROBERTS ]E2,,�-H-lfBjlrlqF 1" ul 10 0 TEMP. RESO. # 8129 GREENBRIA > LJ > 75 ST > 75 ST 'Zu < CD 9 0 10 r- N 74 �z PL tl- 74 PL 8 0 F77,� 73 ST -73 ST PICCADILLY N, 72 ST 7P ST 72 ST T 72 ST lz C 7 6 5 0 > > <z 71 ST lz 71 CT WOODMONT kc SQUARE 70 CT 71 ST 7 ST ly- MA L NDS14 1> Li cJ BR KWOOD- 3 F IRC EST14 70 CT BANK 7 G DEN / A rl Q 70 ST \D N. AMFR, UNITED > u METHODIST < Li Li LBERTSON 1 0 0 V) ly ce. CD NAT'IDNS SHELL 2 LAKE � z CY �-- r- Z C4 w Z= / BROOKSIDE COVE BANK COLONY lz z <Z = L� - �— LLJ (69ST,) z 7) 0 u lzi C �xj A Gw TAMARAC BROOKWOOD A,l TEXACO BANK PLAZA CASABLANCA C E N T E R PLAZA BRISTOL:PAk I> > -�,WOODLANDS UNIVERSITY Q:l '* SCHOOL 68 ST COMMONS C=l 67 ST (-3 x, 13ELLL Dr TERRE OF > 66 S T < TAMARAC MAINL NDS S U, 15//. 65 SITE LOCATION UNIV. 64 C SHOPPES OFCS. 64 ST 64 ST EGAN PLAT > LA N 0 63 CT 63 > ---o cu CT 63 ST 1 63 ST VILLAGE 62 SF 62 ST SQUARE SAINT 62 STQ� C4 MALAEHY > > > > Li < <T < JOHN �,o) / \,) 61 ST HORAN m > rx/ TER > S T �D CURTIS ! i �0 N L A N D S S E 10 60 Cl FTELD ""IAT T DNS PLAT BANK Go �1- (DO ST -7Z 7L 513 ST 59 ST ,'�7//7 /7/- T BRISTOL,DWI BRISTOL PARK OF TAMARAC ASSISTED LIVING FACILITY BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT EXHIBIT 2 Temp. Reso.#8129 0 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Bristol Park of Tamarac Assisted Living Facility (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 11 _ day of March —, 1998 , by Bristol Park of Tamarac., Limited having an address of 1601 Forum Place, Suite 805, West Palm Beach, FI 33401 (the "Grantor"), and the City of Tamarac, a Florida municipal Corporation having an address at 7525 Northwest 88th Avenue, Tamarac, Florida, 33321 (the "Grantee") W I T N E S S E T H: 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 an assisted living facility and other improvements upon the above -described property, and nothing contained herein shall be deemed to prohibit or restrict Grantor or its 961010 Bpsiee.wpd U-] is 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 ai-nanner which is consistent with the buildings and improvements constructed upon the property and whJch, 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. 961010 2 Bpsiee.wpd IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Bristol Park of Tamarac, Limited b,6: MKV Realty, Inc., General Partner I (G'MR Witness Type Name Dawn Peterson-Zwart TypeN4M'effitle Wnji-pr T- Maokev, President Witness Type Name Type Namerritle STATE OF FLORIDA : : SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the Counp aforesaid to take acknowledgments, personally appeared to me known to be the persons(s) described in and who exe ted the foregoing instrument and acknowledged before me that- -&�L— executed the same. WITNESS my hand and official seal this day of 99.'L. -- NOTARY 6��PUBLIC, State of Florida at L '/;� - LZ 1,�i y J. MIL. 0 NOTA my Comm &F ou .89nded Ry &-p (Signature NftqC6.5.jjftbIic': Print, Stamp, or S #6 1 ODS") 1, D (>q Personally known to me, or Produced identification Type of I.D. Prod ced ( ) DID take an oath, or G�-J- DID NOT take an oath. 961010 K Bpsiee.wpd ATTEST: r s I, t S. Noe, Jr., a 'n.g nager ATTEST - By: r'�-'Patricia Marcurio Ass't City Clerk STATE OF FLORIDA : SS COUNTY OF BROWARD : ACCEPTED By CITY OF TAMARAC GRANTEE By: J ojh re i �be r M r Da March 11, 1998 R Noe, Jr., C anager Date: March 11. 1 /,by: = , Mitche;t ' - Ki City 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 Joe SchLeibem-& Roh,-,rf- R Nog,. , to me known to be the person(s) described in and who executed the foregoing instrument and _LL2Y _ acknowledged before me and under oath that they executed the same. 199 8 . WITNESS my hand and official seal this 11 day of March g '4. v sEAL -,N i-ABER jXP- �,e! E Xp. x) Personally known to me, or ) Produced identification AX, NOTAR�'PUBLIC, Starot-if Florida at Large Phyllis Polikoff (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. 961010 4 gy P& 6 0 'P*yU5pd r'C �P' Ap, Bpsiee.wpd AFFID VIT SHALL BE CO i APEL ABLE MELEIED WHEN MOBTGAQEF MNATURE IS NOT I Walter J. Mackey do hereby affirm that I am the Pres i dent of MKV Rea7ty, Mc., Gene__r_a7 Partner— and that I have executed a Blanket Public Safety Ingress/ Egress Easement with the City of Tamarac forBristol Park of Tamarac A.L.F. project and that I am the owner of the property cove4d 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. FUR?THER AFFI N SAYETH OT. (Signatur This 27 day of 199 J�_. STATE OF FLORIDA COUNTY OF 61 L,, . Ss - � Z, I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesa . d to take acknowledgments, personally appeared . '-r' a�= � T -to me known to be the person(s) described in and who ex'ecute . d the foregoing irikltrument and &a- acknowledged before me and under oath that �� executed the same. WITNESS my hand and official seal thisZZ day of 1992—. >,� Personally know to me, or ) Produced identification NOTARYVPUBLIC, State of Florida at Large OF $4 bn- i Y J, MILLER rA.'r� My Comm Exp. 4/01M qr A (Name Af �PUIMUW* DU11 %AV. V A HK S34 Stamp, or S n I I odw 1. D. & MSIAJ Type of IP. Produced ) DID take an oath, or (><) DID NOT take an oath. is 961010 5 Bpsiee.wpd 10 EXHIBIT A- I LEGAL DESCRIPTION The Eastern 65 feet of Lot 7, less the North 2 feet, and Lots 8 through 12 inclusive, less the North 2 feet, in Block 248, of NLAJNLANDS OF TAMARAC LAKES UNIT FIFTEEN, according to the Plat thereof, as recorded in Plat Book 71, page 3, of the Public Records of Broward County, Florida. A No Text