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Home My WebLink AboutCity of Tamarac Resolution R-85-378Introduced by 0l 4 - Temp. Reso. #3885 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 KOM 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-85-.3 7F A RESOLUTION APPROVING AND ACCEPTING A PUBLIC SAFETY INGRESS/EGRESS EASEMENT OFFERED BY MIDWAY INVESTMENTS, LTD. FOR MIDWAY PLAZA AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Public Safety Ingress/Egress easement offered by Midway Investments, LTD. for Midway Plaza project is HEREBY APPROVED and accepted, a copy of said ease- ment being attached hereto as Exhibit "A". SECTION 2: The City Clerk is hereby authorized and directed to record said utility easement in the public records of Broward County, Florida. SECTION 3: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this a7 day of 1985. r I HEREBY CERTIF that I have approved the f and correctness of t s Resol tion. aEcoRa of couNcIL VOTE MAYOR: K F)iST 4: i THIN DIST 1: CITY ATTORNEY G50 PUBLIC SAFETY INGRESS/EGRESS EASEMENT THIS PUBLIC PAFETY INGRESS/EGRESS EASEMENT is made this a�-_-_- day of , 1985, by MIDWAY INVESTMENTS, LTD., a Florida limited partnership (the "Grantor"), to the CITY OF TAMARAC, a municipal corporation (the "Grantee"). W I T N E S S E T H: WHEREAS, Grantor is the fee simple owner of the real property legally described on Exhibit "A" attached hereto (the "Property"); and WHEREAS, Grantor desires to create a non-exclusive easement ("Easement") in favor of Grantee for ingress and egress over that portion of the Property which is paved, from time to time, and is initially depicted on Exhibit "B" ("Easement Area"), 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 a non-exclusive ingress/egress easement on, over, across and through the Easement Area in favor of Grantee for the purpose of providing public safety vehicles and personnel ingress and egress in order that the Grantee may provide municipal services such as utility services, fire protection, police protection and emergency and other public safety services and canal maintenance; PROVIDED, HOWEVER, that the Easement created hereby is solely for ingress and egress in order to enable the Grantee to provide the municipal services enumerated herein, from time to time, and shall not interfere with the Grantor's use and enjoyment of the Property, or the Easement Area; FURTHER PROVIDED, that the Grantor reserves all rights not herein granted in this Easement, including, but not limited to, the right to grant further non-exclusive easements under, over and on the Property and the Easement Area; FURTHER PROVIDED, that Grantor expressly reserves the right to modify paved areas within the Easement Area and thereby modify, enlarge or reduce the Easement Area; and FURTHER PROVIDED, that the rights granted by this Easement to Grantee are subject to Grantee's obligation to restore and replace any sod, pavement, improvements, trees and plantings which may be destroyed or damaged as a result of the exercise of Grantee's rights under this Easement. IN WITNESS WHEREOF, Grantor has caused this Easement to be executed on the said day and year first above written. Signed, sealed and delivered MIDWAY INVESTMENT , inthe � presence of: a FloV'd li a r _ By: Alan J. Go dberg general pa tner 11wiil The foregoing Easement is hereby accepted by the City of Tamarac. F.W0*1111A -�z City ATTEST: i t yv Cle I HEREBY CERTIFY that I have approved the form and correct- ness of this Public Safety Ingress/Egress cement. STATE OF FLORIDA ') ss. COUNTY OF BROWARD ) CITY OF TAMARAC MN�10 ! fir �( • By: City an r The foregoing instrument was acknowledged before me this day of p�(�r�y 1985, by Alan J. Goldberg, general part- ner of Midway Investments, Ltd., a Florida limited partnership. 0 Notary Piiblic U My commission expires: Notary Public. 5:afa of Flt,rida at farce (NOTARY SEAL) 1K,W)ED THR(.' w!C!fL `i';ARY SIBLEY STATE OF FLORIDA ) ) 5$. COUNTY OF BROWARD ) The oregoing instrument was acknowled ed before me this fleo� day of 1985, by as Mayor of the City of Tamarac. Notary Pub My commission expires: (NOTARY SEAL) ;w- 9; f PMTC STATE 0f Ftwi CU%ISSIOA EXP UNF 20,199 ip.Wl uEbiFRIL INS. UW . 11 II I STATE OF FLORIDA ) ) ss. COUNTY OF BROWARD ) The oregoing instrument was acknowledged before me this day of 1985, by as City Manager of the City of Tamarac. Notary Pu is My commission expires: 198450017eall20:209 11/21/85 14'W,l P",-Zc VATT Or F:N« A Cm.,"$. ?" f)P JUhf 2C.15EJ mcm (NOTARY SEAL) 0-1 DESCRIPTION: (OVERALL J = A PORTION. OF TRACTS '9 AND TRACT 161 OF 'FORT L AUDERDAL E TRtIC/' FARMS SU9,0 / VI Si ON' OF SECTION 91 70K'1VS1,Ji P 49 SOUTH, 41 EAST, AS RE470F,959 i "►' PLAT b 0OA 4, cA t� c 31 OF ; r,'E PUSL I C RE CORDS OF BR OX14 RO CCG1✓7Y, ,= L 09 J%o/, 9E 11V v ?Aff T I CUL ARL Y DESCRIBED AS FOL L ON'S: COAMIENC I NG A T ' THE SOG'THE A S T COR/✓ER OF SA l" D SECTION 9; Th'ENCE NOR TH 01 ' 26 ' 27 ' H•ES T, A L ONG THE EA S T L I I✓E 0jz7" 'SA / D SECT / ON 9, A D I STANCE OF 143 I. 16 FEET; THENCE SOVTh' 99'35' i 0' k'EST, . RARAI L EL X/TH THE SovT//-. L I/✓E OF SA iG SECT .'Ot►l 9, A G.'ST.�.►�CE OF 300. 01 FEET TO THE POINT G w BEC/I►:'✓/A'6' OF TH,'S .9ESC,-7IPT� 0Al ' THE/►-CE COP TI;►'C,= SOUTH 69'S5' 10' y*EST A DI STA/✓CE Cr- 990. 36 :^EET, ; C A i'Cl/►',T C;►' : h'E Er S TEf'� Y r GHT - Cr - ,! A Y .'.'.E C;r /✓. X'. .'y TH A :-'E." 4 �N._/✓C_ SOUTH vi '28'33%' EAST, ALO/►1G Sf,i' - Er;S: R!Gh'T-0,= -i3A )" ! %/vE ✓;" N. H. 7.9TH A 4E/►'UE, A D i STAX-`- Sl2..60 FEET; THENCE NORTH 89 '34 ' O5' EAST, A DISTANCE J.= _ 30S. Ole -FEET; THENCE SOUTH 01 '26'34' EAST, A D I S TAI✓Ci- Cr 4S9: '95 FEET TO A POINT ON THE NOR THERL Y R I GHT - OF - B A Y L .' I.'E OF N. X. 57 TH S TREE T; THENCE NOR TH 89.3 4 ' 26 ' EA S T, A THE NORTHERL Y R/GHT-OF-WAY LINE OF A'. H', 57TH STREET, A DISTANCE OF 900.60 FEET, TO A POINT OF CIRCULAR, CURVE CURIE CONCAVE 7-0 THE NOR THk EST; : HE NC E EA S T ERL y' Ai %`.i IVORTHERL Y AL ONO THE ARC OF SAID CURVE HAVING A RAv i c%S O 25. 00 FEET, A CENTRAL ANGLE OF 91 ' 00 ' S3 ' AND AN ARC L E ; ✓G T H OF 39. 71 FEET, TO A POINT OF TANGENCY; Tf: /�':: E NORTH DI '26'27' HEST, PARAL L EL X1 TH AND 53. 00 FEET WEST OF THE EAST L INE OF SA /D SECTION 9 AND ALONG THE HE SHERL Y RIGHT-OF-If'AY L INE OF UNIVERSITY DRIVE, A DISTANCE OF 516. E1 FEET; THENCE SOUTH 89'33'34' ?,'EST, A DISTANCE OF 2.47. 18 FEE T; THENCE NOR TH 01 ' 2 4 ' 37 ' N'ES T, A D / S TANCE OF 270. 10 FEET, TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING /N THE ClTr OF TAMARAC, BROhfARP COUNTY, FL OR IPA ' AND CONTAINING 22. 8S7 ACRES, MORE OR LESS. ALSO KNOWN AS THE UNRECORDED PLAT OF MIDWAY PLAZA CERTIFICATE: I HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 21HH-6.06(1), MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS ADOPTED BY THE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF LAND SURVEYORS, IN SEPTEMBER 1981, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. - . DATE DALEi�IS M. REGISTERED -LAND SURVEYOR NO. 3606 STATE'& FLORIDA SHEET 1'OF 2 SHEETS CRAVEN aTHOMPSON & ASSOCIATES. INC. ARCHITECTS • ENGINEERS PLANNERS - SURVEYORS 5901 N.w. 31 AVENUE . FORT LAUDERMLE FLORIDA 33309 + (305) 971-7770 OFFICES: IrORT LAUOEROALE, WEST ►ACM BEACH FOR, X Cot SCALE: 4* I nsssssssrn etw.wrws+c� wcra� tprr 0 NOTE TYrti tS tLT A SKETCa OF SVnvE:.•ut Only M•iet.M of ran e•un•non s+to+ot okorMs rotate1t•s •••• sto field •or% . r.•r.Ae Of the str•ts0 f/ pr••rtl . of *•orMoo$ •1e in cam41C11•• W" tlto pr•••rotiop of nN tNfwNtion sno.r• Mroo• S7rN ,Sr,�EE7- n w a 1 LOCATION MAP, Mt - UPDATES and/or REVISIONS DATE BY CK'D ROTE The undersigned and CRAVEN •THOWPSON Q ASSOCIATES, INC. make no rWesentotions or guarantees as to the Information reflected hereon prig ng to eosements, rights- of -way, set bock lines, rewvotlons,ogreernwn and other similar matters, and further, this Instrument is not Intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others though appropriate tiM• +certification . NQTJ Lands shown hereon were not abstracted far r4hI - of-wq and /ar easements of record. +9 NO. DRAWN BY + rS MCKED BY t F.B. Pa. FILE NO. MIDWAY - PLAZA EXHIBIT Paved Easement Area