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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. -1- I 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 SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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, 930520 - 1 - BPSIEE 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. 0Inc; 1)n - 7 - BPS IFF 0 0 R,-7 LJ 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 - 3 - - SPSIEE ;�- c' - � 7 0 0 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� e-ci 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 �.I • 0 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 i'----- li_z `--------__J p =CENTRAL ANGLE SCALE) 1' = 60' i I p � 1 1 M r 1 I n0 I � 1 N I � N« 1 M� 1 p 1 M ' I � 1 1 I i p M« 1 I N I � I � 1 CD « I I N$ r 1 I i i p 1 I N4 ! I 1 i p ' 1 � i I � p N « I I 1 I I p I I N$ � 1 I 1 1 p .C4 i N g i i } r 1 i p I N N � 1 i 1 � ; � W ' A I N$ Iw ! ioIs O« i Ng IN ! I i p i �n 1 i —1 W REVISIONS DATE BY SKETCH AND LEGAL 12/12/94 L.T. .007 L ' 3 L1..*1AO S J•Q L v7 I lA S p iro M�...,�., 3i i� I�7z3 J I w IN pOU N i oi"74u.rt jd 047�� p aioi brl�ry� co Ip« NMI ppT I Ov,IN NI i Z I II II n n Y�I S9i `M .l L.LBAO SJ` 3 i p z NO W 1 m co } 1 __ 6 O Y a 0 a 1 71,0 _ M7 � 1 Q a J I of i Mg ' 1 � 1 1 1 I II p i 1 I I I 1 M« 1 � I I r 1 I p 1 1 4 1 1 I 1 I O p i Of 1 1 1 1 r 1 m r 1 N« 1 a$ I 1 U 1 I ; I I C I 1 I I I ram• 0' I r 1 II p 1 I I i I 1 1 I I 1 I i I ; 1 p I i 1 + r i ' I d awl H;JI`a�W d awl �Mv" PROFESSIONAL LAND SURVEYOR 4790 STATE OF FLORIDA NAND PERSAUD, P.L.S. DATE DRAWN CHECKED FIELD BY L.T. I BY N.P BOOK V-) Li Q N H Lil W 2 0 .rrr 0 z f.. -f5 ui El 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