HomeMy WebLinkAboutCity of Tamarac Resolution R-95-0071-1
Temp. Reso. #6928
Revised 12-27-94
Revised 1-03-95
Revised 1-05-95
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-95-.!LL
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A PUBLIC SAFETY INGRESS/EGRESS
EASEMENT FOR THE MCNAB ROAD SUBDIVISION (A. K.A.
BROOKSIDE COVE) TO ALLOW LEGAL ACCESS BY CITY
PERSONNEL IN PERFORMING THEIR DUTIES, INCLUDING
UTILITY MAINTENANCE, FIRE AND POLICE PROTECTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PR VIDIN AN EFFE TIVE DATE.
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to accept and
execute a Public Safety Ingress/Egress Easement for the McNab Road (A. K.A. Brookside
Cove) attached as Exhibit 1, to allow legal access by City Personnel in Performing their
duties including utility maintenance, fire and police protection.
WHEREAS, it is the recommendation of the Public Works Director that the Public
Safety Ingress/Egress Easement for the McNab Road Subdivision (AKA Brookside Cove)
be approved and executed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTIQN 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.
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1
Temp. Reso. # 6928
Revised 12-27-94
Revised 1-03-95
Revised 1-05-95
SECTION 2: That the appropriate City Officials are hereby authorized to accept
and execute a Public Safety Ingress/Egress Easement attached as Exhibit 1, for the
McNab Subdivision (A. K.A. Brookside Cove) to allow legal access by City Personnel in
performing their duties, including utility maintenance, fire and police protection.
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: 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 portion or applications of this
Resolution.
SE TI N 5: This resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this J5day of 1995.
ATTEST:
2kA � : ��- �'
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to form./ 1 I
GES:mf
ITCHELL S. KRAF
CITY ATTORNEY
-2-
ORMAN ABRAMOWITZ
MAYOR
RECORD OF GOM SSION VOTE
MAYOR
ABRAMOWITZ
FIST. 1:
V / M KATZ
010T. 2:
COMM. MISHKIN _
MST. 3:
COMM. SCHREIBER
DIST. 4:
COMM. MACHEK
- f-.
EXfiIBIT 1
� v
3214
0 PUBLIC SAFETY INGRESS EGRESS EASEMENT
PROJECT: Brookside Cove fka: McNab Road Subdivision
THIS PUBLIC SAFETY INGRESS/EGRESS EASEMENT is made
this 4th day of October , 19 93 ,
by Thomas W. Bennett, Trustee,
c/o Gemstar Homes, Inc.
having an address of 15900 Pines Blvd. Pembroke Pines FL 33027
, (the "Grantor"), to the City of
Tamarac, a municipal corporation 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 "B", 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 Ingress and Egress Easement to Grantee for the
specific purposes of access by Grantee, for Grantee to provide
municipal services to the above -described property such as
40 services to existing utilities, maintenance to existing canals,
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ifire protection, police protection, emergency and other
public safety services.
It is acknowledged that Grantor, or its successors,
intends to construct residential dwellings and other improve-
ments upon the above -described property, and nothing contain-
ed herein shall be deemed to prohibit or restrict Grantor or
its successors from constructing any buildings or improve-
ments 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
0
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.
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IN WITNESS WHEREOF, Grantor has hereunto set his hand
and seal on the day and year f
ATTEST:
N/A
Corporate Secretary
STATE OF FLORIDA
SS
COUNTY OF a'0_z-"- c 4
By:
Thomas Bennett, Trustee
(Corporate Seal)
I HEREBY CERTIFY that on this day, before me, an Officer
duly authorized in the State aforesaid and in the County
aforesa to take acknowledgements, personally appeared
rr. i _i� rif to me known to be the
person(s) described in and who executed the foregoing
instrument and acknowledged before me that !A -
executed the same. J/
WITNESS my -hand and official seal this "� day of
199-3
�YA NOTARY PUBLIC, State of
�n Florida at Large
USA
r:
-
•�:_ .
1"?Y SFr�L
( `�) Personally known to me, or
( ) Produced Identification
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( --y DID NOT take an oath.
930520
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SPSIEE
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EXHIBIT "A"
LEGAL DESCRIPTION
BLOCK W, LOTS 1 THRU 13, "McNAB COMMERCIAL
SUBDIVISION NO.1", A SUBDIVISION IN SECTION 32
TWP. 49 S. RGE. 41 E, CITY OF TAMARAC, BROWARD
COUNTY FLORIDA, AS RECORDED IN BROWARD PUBLIC
RECORDS BOOK 71, PAGE 13
C�
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CCL CONSULTANTS, INC.
ENGINEERS
SURVEYORS PLANNERS
2200 PARK CENTRAL BLVD. N. SUITE 100 POMPANO BEACH. FL 33064 (303) 974-2200
POMPANO BEACH
ORLANDO W PALM BEACH
EXHIBIT B
a
a CANAL
z
z
a
U
a
_ U
n McNAB ROAD
z LOCATION SKETCH
(NOT TO SCALE)
LEGAL DESCRIPTION
A PORTION OF BLOCK W. McNAB COMMERCIAL SUBDIVISION NO. 1, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 71, ON PAGE 13, PUBLIC RECORDS, BROWARD
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCEMENT AT THE SOUTHEAST CORNER OF BLOCK W AS SHOWN ON SAID PLAT; THENCE NORTH
89'02'49" WEST FOR A DISTANCE OF 205.00 FEET; THENCE NORTH 45'57' 1 1" EAST FOR
A DISTANCE OF 35.36 FEET; THENCE NORTH 00'57'11" EAST FOR A DISTANCE OF 12.00
FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'57'11" EAST FOR A DISTANCE OF
38.00 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, NORTHWESTERLY, AND WESTERLY
ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, A CENTRAL
ANGLE OF 90'00'00", FOR AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY;
; THENCE NORTH 89'02'49" WEST FOR A DISTANCE OF 940.00 FEET TO A POINT OF
CURVATURE; THENCE WESTERLY, SOUTHWESTERLY, AND SOUTHERLY ALONG A CIRCULAR
CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF
9D'00'00", FOR AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; ; THENCE
SOUTH 00'57'11" WEST FOR A DISTANCE OF 50.00 FEET; THENCE SOUTH 44'O2'49" EAST
FOR A DISTANCE OF 35.36 FEET; THENCE NORTH 8702'49" WEST FOR A DISTANCE OF
90.00 FEET; THENCE NORTH 45!57'11" EAST FOR A DISTANCE OF 35.36 FEET; THENCE
NORTH OO'57'11" EAST FOR A DISTANCE OF 50.00 FEET TO A POINT OF CURVATURE;
• THENCE NORTHERLY, NORTHWESTERLY, AND WESTERLY ALONG A CIRCULAR CURVE TO THE
LEFT, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90'OO'OO", FOR AN ARC
DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; ; THENCE NORTH 89'02'49" WEST
FOR A DISTANCE OF 65.00 FEET; THENCE NORTH 00'57'11" EAST FOR A DISTANCE OF
40.00 FEET: THENCE SOUTH 89'02'49" EAST FOR A DISTANCE OF 1195.22 FEET; THENCE
SOUTH 00'57'11" WEST FOR A DISTANCE OF 8.00 FEET; THENCE SOUTH 8T02'4V' EAST
FOR A DISTANCE OF 82.03 FEET; THENCE SOUTH 00'14'17" EAST FOR A DISTANCE OF
24.00 FEET; THENCE NORTH 89'02'49" WEST FOR A DISTANCE OF 65.37 FEET TO A
POINT OF CURVATURE; THENCE WESTERLY, AND SOUTHWESTERLY ALONG A CIRCULAR CURVE
TO THE LEFT. HAVING A RADIUS OF 27.00 FEET, A CENTRAL ANGLE OF 6432'41", FOR
AN ARC DISTANCE OF 30.42 FEET ; THENCE SOUTH 00'57'11" WEST FOR A DISTANCE OF
55.60 FEET; THENCE NORTH 89w02'49" WEST FOR A DISTANCE OF 68.00 FEET TO THE
POINT OF BEGINNING AND CONTAINING 1.3607 ACRES, MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS, RIGHTS -OF WAY, RESERVATIONS OR RESTRICTIONS. OF
RECORD, IF ANY.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS
SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY
CCL CONSULTANTS, INC. FOR EASEMENTS AND OR RIGHTS -
OF -WAY OF RECORD.
3. DATA SHOWN HEREON WAS COMPILED FROM OTHER
INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY
AS SUCH.
REVISIONS DATE BY
SKETCH AND LEGAL 12/12/94 1.-
CERTIFICATION;
1 HEREBY CERTIFY THAT THE ATTACHED SKETCH AND LEGAL
DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
c -
KNOWLEDGE AND BELIEF AND THAT IT MEETS THE MINIMUM
N
TECHNICAL STANDARDS SET FORTH BY THE FLORIDA STATE
BOARD OF LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE.
U
PROFESSIONAL LAND SURVEYOR 4790 STATE OF FLORIDA
Y i
NANO PERSAUD, P.L.S.
DATE I DRAWN I CHECKED I FIELD
i BY L.T. I BY N•P BOOK
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CCL CONSULTANTS, INC.
ENGINEERS SURVEYORS PLANNERS
2200 PARK CENTRAL BLVD. N. SUITE 100 POMPANO BEACH, FL 33054 (305) 974-2200
LEGENDI
R -RADIUS
L =ARC DISTANCE
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SCALE) 1' = 60'
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PROFESSIONAL LAND SURVEYOR 4790 STATE OF FLORIDA
NAND
PERSAUD, P.L.S.
DATE
DRAWN
CHECKED
FIELD
BY
L.T.
I BY N.P
BOOK
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LEGEND,
R =RADIUS
L =ARC DISTANCE
A =CENTRAL ANGLE
SCALE- I' = 60'
REVISIONS
SKETCH AND LEGAL
CCL CONSULTANTS, INC.
ENGINEERS SURVEYORS PLANNERS
2200 PARK CENTRAL BLVD, N. SUITE f00 POMPANO BEACH, FL 33064 (305) 974-2200
POMPANO REACH ORLANDO WF4T PRIM HFArW
12/12/941 L T I PROFESSIONAL LAND SURVEYOR 4790 STATE OF FLORIDA h
NANO PERSAUD, P.L.S.
- - � I F
T DATE DRAWN _ CHECKED FIELD
I 1 6Y L.T. BY N•P BOOK
ATTEST ACCEPTED BY CITY OF TAMARAC,
GRANTEE
is ( S.
By
Robert S. Noe, Jr.
City Manager
ATTEST:
By ,'t �� -s
Carol A. Evans
City Clerk
STATE OF FLORIDA
SS:
COUNTY OF BROWARD
By ■ --. 0ko 1. w-. 1.
Norman Abramowitz 1-4
Mayor
Date: S `T
r
By ��
Robert S. Noe, Jr.
City Manager
Date:
Approved as to form:
i By
Mitchell S. Kraftft
City Attorney
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and i the County aforesaid to take acknowledgments, personally appeared
5 L. , to me known to be the person (s) who executed the
foregoing instrOment, and acknowledged before me that T%_ executed the same.
WITNESS my hand and official seal in the State and County last aforesaid, this
day of F A.D. 19_!?�.
NO ARY PUBLIC, 5 a e of Florida
at Large
//IV��s �dL�/oF
(NNotary Public:
Print, Stamp, or Type as Commissioned)
( L7 Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( V) DID NOT taken an oath.
GES:mf
File: BPSIEE.WPD
NPAY PVB OFFICIAL NOTARY SEAL
0 PHYLLIS POLIKOFF
* COMMISSION NUMBER
Q CC390392
r.40 4 MY COMMISSION EXP.
o F�.oa� SEPT 23 4998