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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-200Temp. Reso.#7908 June 18, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97- 0200 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTEA BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH SIMON AND RUTH ASH FOR THE ASH PLAT NO. 1 PROJECT LOCATED ON THE SOUTHWEST CORNER OF MCNAB ROAD AND HIATUS ROAD TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Simon and Ruth Ash, the owners of the Ash Plat No. 1 are recording the plat for the Ash Plat No. 1 Project located on the southwest corner of McNab Road and Hiatus 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, Simon and Ruth Ash have offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Ash Plat No. 1 Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Temp. Reso.#7908 June 18, 1997 2 Public Safety Ingress/Egress Easement with Simon and Ruth Ash be approved and executed for the Ash Plat No. 1 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 Simon and Ruth Ash for the Ash Plat No. 1 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 Ruth and Simon Ash for the Ash Plat No. 1 Project located on the southwest corner of McNab Road and Hiatus Road. SECTION 3: That the 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 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 1 1 n Temp. Reso.#7908 June 18, 1997 3 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION_& This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /a day of s�"� 1997. ATTEST: axinezz�_��� CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION a to fwm. / TRldav/aml MITCHELL S.AE CITY ATTOFINEY JOE SCHREIBER MAYOR RECORD OF COMMISSIO MAYOR . SCHREIBER DIST 1:.,, COMM. MGKAYE DIST 2: — V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS VOTE rr�-,91 C--)D TEMP RESG. # 7908 EXHIBIT I • a + • CLAIRM❑NT x / t-T, i U Gti Q 1 C%, ASHMONT , A { B 3 TR11 I1 F� ��1 pL G� TR40 / NOB HILL/ w �ti /�//��� �/ 7 ❑INT PLAZA CL xLd ESTW©© I rn 0 CAPTIVA 3 7 d _ I jO 6 '. 70 T i s TEE MCNAD ROAD i PLAT J & J PLAT TAMARAC MARKET I PLACE TAMARAC 1299 I (� LAND TRUST S & N PLAT LOCATION � PLAT PARCEL A i THIS SITE .................................................. i = _ S & N PLAT I I PARCEL B �a a -3 z cy- �w \ PUBLIC ~ 0 Q SERVICES �Lo LAND SEC, _ COMPLEX _3 to 7 -- M 1 71ST Y� Q ASH PLAT No. 1 BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT ASHPLAT.DWG • • EXHIBIT 2 Temp. Reso.#7908 TAMARAC UTILITI S BLANKET PUBLIQ SAFETY INGREMEGRFSS EASEMENT PROJECT: ASH PLAT NO.1 (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 10 day of Se tember , 199 7 , by Simon Ash and Ruth Ash having an address of 01 5W 13 th Street Plymouth °C" Apt. 402 Pembroke Pines FL (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 an industrial 0 dwelling and other improvements upon the above -described property, and nothing 961010 1 Bpsiee.wpd 11 C� • contained herein shall be deemed to prohibit or restrict Grantor 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. 961010 N Bpsiee.wpd 0 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) / Witness Type Name/Title `SIMQN ASH TYP! 77�1 _W n ss Type Name Type Name/Title STATE OF FLORIDA :SS COUNTY OF DA0 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 StM ors ASH to me known to be the persons(s) described in and who executed the foregoing instrument and acknowledged before me that i,+c executed the same. 1991 WITNESS my hand and official seal this ��"�+ day of MAY . ' 1EARt_ A6PAj6-1' NOTARY PUBLIC, State of Florida Large (Signature of Not Public: Print, Stamp, or Type as Commissioned) ( ✓j Personally known tome, or ( ) Produced identification Type of I.D. Produced ( A DID take an oath, or ( ) DID NOT take an oath. emu. RoorrEr � `F LXPIi1F�1 �G 03,1t� a �,tiwrro ao„ wo. 961010 3 Bpsiee.wpd r] El IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) b Witness, Type Namefritle RUTH ASH Type Nar�ie�%ft�� 2f `Witness Type Name Type Name/Title STATE OF FLORIDA : COUNTY OF PARE SS 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 ► z LIM ASH to me known to be the persons(s) described in and who executed the foregoing instrument and sW acknowledged before me that executed the same. 1991 WITNESS my hand and official seal this day of E'AjCL A0DN4`Y NOTARY PUBLIC, State of Florida at Large Z� (Signature of Notary Public: Print, Stamp, or Type as Commissioned) (/) Personally known to me, or ( ) Produced identification Type of I.D. Produced (� DID take an oath, or ( ) DID NOT take an oath. EARL RODNEY ��pr r COMMIt3810N # CG 4si�818 __ t4 �_ EXPIRtFB pEC t70, 18D� '� A dQWCMId 00, INQ 961010 3A Bpsiee.wpd g,��ac'E> ACCEPTED BY CITY OF TAMARAC 0 GRANTEE 7E A ST: —-- Y= By: Robert S. Noe, Jr., Joe 9rei�ber City Manager ATTEST: Carol A. Evans, City Clerk STATE OF FLORIDA : S5 COUNTY OF BROWARD Mayor Date: SPni-Pmhar in 1 QQ7 By. Robert S. Noe, Jr., City Manager Date: Ap a as to fo Y: i he Kraft, 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 ,lop Schreiber _L_-Robert ,._Noe. ,Z_r, �_ to me known to be the person(s) described in and who executed the foregoing instrument and _ theyacknowledged before me and under oath that they executed the same. 1997 . WITNESS my hand and official seal this o play of SepteMhpr , E4OFFICIAL NOTA:NUMBIVER AL PHYLLIS PO*COMMISSION ccs9oMY COMMISSP. SEPT Z9 ()Qersonally known to me, or ( ) Produced identification 1jW11W-'000e0a1't'e NOTARY PUBLIC, 49te of Florida at Large L &Z11 (Na a of Notary Public: Print, Stamp, or Type as Commissioned) -Type of I.D. Produced ( ) DID take an oath, or O� DID NOT take an oath. 961010 4 Bpsiee.wpd P -' 't a d o AFFID8VIT -SHALL BE COMPLETEIDWHEN MORTC28QEE APPLICAQLE I SIMON ASH do hereby affirm that I am the OWNER of THE PROPERTY KNOWN AS ASH—PIL—A1177=1 and that I have executed a Blanket Public Safety Ingress / Egress Easement with the City of Tamarac for THE ASH PLAT NO. 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. FURTHER A FIANT SAYETH NOT. (Signature) This I`luday of MAy 199-7. STATE OF FLORIDA SS COUNTY OF Pa96 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 )(Map A S " to me known to be the person(s) described in and who executed the foregoing instrument and tf acknowledged before me and under oath that WE executed the same. 199 -7 WITNESS my hand and official seal this J6'Mday of M� Y 6C4�2i4� NOTARY PUBLIC, State of Florida at Large 6)�/LL /2. 0DNt Y (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ✓) Personally know tome, or ( ) Produced identification Type of I.D. Produced ( ✓f DID take an oath, or( ) DID NOT take an oath. EARL RODNEY ��rpr r COMMISSION # CC 49013 UMI EXPIRris DEc 00 low - at71�JBID ttlnu +�� �i01N4.Q0,1110. 961010 5 Bpsiee.wpd AFFIDAVIT SHALL E MPLETED WHEN M RT G R APPLICAB�,E _QQ I RUTH ASH �� �� do hereby affirm that I am the OWNER of PROPERTY KNOWN AS ASH PLAT NO. 1 and that I have executed a Blanket Public Safety Ingress / Egress Easement with the City of Tamarac for ASH PLAT NO. r 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. FURTHER AFFIANT SAYETH NOT. 6446 �Zz (Signature) This 1.day of STATE OF FLORIDA : SS COUNTY OF PAVe /'4'4 Y 199�7 . 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 6 VTH to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that —.2h9-- executed the same. WITNESS my hand and official seal this IZ124day of /h NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) (v*') Personally know to me, or ( ) Produced identification Type of I.D. Produced ( !/f DID take an oath, or ( ) DID NOT take an oath. ��E, � ~OCOMMISSION # CC 4M13 - EXPIRES DEC 03, IM BON DED THRU {t ATLANTIC SON om CO, INC. 961010 5 A Bpsiee.wpd • • _? a m"rE CCONSUL-TECH ENGINEERING, INC. Consulting Engineers q; Landplanners ® Land Surveyors 50 E. SAMPLE RD- 4th FLOOR POMPANO BEACH, FL- (305) 785-8400 -SKETCH AND DESCRIPTION - NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DESCRIPTION SHOWN HEREON. N • 68/99M72 .. EXHIBIT "A" Nyw, CORNER NORTH i GARNER ECYIoN 7-I¢al � SECTION 7-49-4f h NORTH LINE SECTION McNAB ROAD Nd]SS I3E 21272?r 7-4941 � ISBe.i6' $ rORB. 4b.1 PG. 435 aCRI Sf9.95' SET PRAT, N0. 5/82 TN89S.]l9E PLAT LIYlTS E, N I AN 6g/�,yfi99 FOUNO PRR, N89.33'1:1E r. .��' ?[Y)� E • 866576176 NO. 36LI2� B.M. ELEV. • 698 �Zl,BY $B.>'�g_//-E N 68J$5a7JJ /17t y(,ry T— _ ISOOD 5Gp264Y£ E • 889LLr6SB9 BD PLAT LIMITS OPENING 545Jg4S•F z RtOHr Or wAr FASENENT �gy C OEOIOATED Br THIS PLAr �S oz. 2f SOFT. 2 RICHT OF WAY A' -YO DEDICATED BY /HIS PLAT s I 114 SOFT, v � I PARCEL "A" I a M51 19 SO. FT. O 6D%O ACRES cc 2 h n 4 ~ Rnf BFBrcnrEO /r O1 ::1 W THIS PLAT M58 SOFT. � 37 R/W PER DR9. 4.0 PG. 435, BLR. a ~ Iw d 27 CAN YA NT NANCE B7 TL. £XCLU57VE ASEMFN UTILITY EASEMENT m 0� 2S FIGHT OF WAY v I DEDICATED 5Y -15 PLAT 150555GFT, 1�22 iNLV PUi LIYIT$ SO LANK RICHT OF WAY �. DEDICATED BY THIS PLAT a 5a//H LINE IRK/ 9 rR4)4 SOFT, ;•�� ,�„;;�; n' 58929'5.�1K 511.36' / PLAT LIMITSFOUND PRAT. FOUND PRY, NO. J602 NO, J6V N . 681J4'd415 B.Y. ELEV. • 721 E • 88E07776J N • 66135Ig25 TRACT /0 E • 8BB_WfO4 'FLORIDA FRUITLANDS COMPANY'S SUBDIVISION NO2 _ 15 R/w PER PB ' '� Pam"' (P.R. 1. PG. /OZ P,B.CIRJ SURVEYD)YS NOTES: f. rW sf M,wE m NOES sHawN a TITS MAi wee N ON THE ApNTH ANERICAx MTNN W rW P.1Y101.04 < ® Na[ATfs PEANANrNT REF(R£ACC NdrnKAT mRN1 A1ASS ni vAiX5 SHgyN a STW-ft 7 Oic - RE EY a rdvAsnTP q ID/Tx RA 4r FAST, AS REf b IN NlsYuwNFWS WNETER WKKTF KwIAl,K. MrKessarK NW 4HMl111f M.LI•LAE t PUT ..1 PAII . � THEN C REmns P• B2 ♦NO L • YfrAT[S KRNArtK C[NTAIX FONT nt',PIrR/3.•JBfW CxVNrrHN Ci_i,iu w7- I a rft Anusrgwrr nE .a �,Ntxo S NCX MCw•IlCs LAfIrMO ctuMlr wt{p�5 Y MM'SfIS[ AMa4 THE ApTN -I pF S TW T, YvinW A w SWIM RRftlE 4f fnsT. 4 Hf. fill Xts — EA WNT Ka n ". NimAru mw Peer S u R NpeATES VFV. RLCgO Am[ PAVE N. —EW- -Xr ES lEAdNA9f EIES'AT,pv a M PR •p'faES MAT emK A" K KACH NANW mffma , T. OE. MMtA7Lf ORAWAfC fAs(vENT efARS OfC K iRnSCEc�So,TTHEAST fPINER CP 110- 7ANw'Ai INE E AT FE£T. tl// M _ ICNp .wo AW Mt MM IfNCHNwf !- eEAGwAM ELNATASxS wE OAffU d THE xAT,nxA{ pEgAETC ✓ERTLAt QfiW v e>9 a AOI. TAIERf NAr !N AIXArarAr. mS 0`5 TN AT ARC Apr REm v Pf T.5 PW PREPARED BY rN —AEF aTNf. RfL aF TNe caNn. ERNEST W. DUNCAN DATE -- M KAtlrfs EN EM Ai PROFESSIONAL SURVEYOR AND MAPPER No. LS 5182 6 T.K OEAWES IAN,V1Ac un(m CASLA1f.K T N•OCAarES AIw HNC COAMwATE YNNE S ATE OF FLORIDA e•XWEtcArrrAscoavawATcvAt SHEET / OF 2 UPDATES/REVISIONS DATE BY CK'D NOID The undersigned and CONSUL -TECH ENGINEERING, INC. make no representations or 0 arantee5 as to the completeness or the information reflected hereon pertaining to easements, right-of-way, set -back lines, reservations, agreements or other matters of record, This instrument is intended to reflect or set forth only those items shown in the references ❑bave.CONSUL-TECH ENGINEERING, INC. did not reseorch the public records for matters affecting the lands shown, —"' NOTE: This instrument is the property of CONSUL- TECH ENGINEERING, INC. and shollnot be reproduced in whole or in part without written permission of CONSUL -TECH ENGINEERING. INC. ob No. 960305 Drawn By E. D(J/1/G'AN Checked By F.B. PG. Scale N•T•5, 9-? :,-)- a0 �J J C� �rECONSUL-TECH ENGINEERING, INC. Consulting Engineers a Landplanners a Lond Surveyors 50 E. SAMPLE RD. 4th FLOOR POMPANO BEACH, FL. (305) 785-8400 -SKETCH AND DESCRIPTION - NOTE THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DESCRIPTION SHOWN HEREON. LEGAL DESCRI PT ION THE EAST Y2 OF TRACT 9 OF THE SUBDIVISION OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 4/ EAST. ACCORDING TO THE FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION MAP NO. 2. RECORDED IN PLAT BOOK 1, AT PAGE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS ALL THAT PORTION LYING WITHIN 53.00 FEET SOUTH OF AND PARALLEL TO THE NORTH BOUNDARY OF SAID SECTION 7. AND LESS ALL THAT PORTION LYING WITHIN 30.00 FEET WEST OF AND PARALLEL TO THE EAST BOUNDARY OF THE WEST Y2 OF SAID SECTION 7, SAID LAND LYING, SITUATE AND BEING IN BROWARD COUNTY, FLORIDA. CONTAINING 7.13E ACRES MORE OR LESS. BEARINGS ARE BASED ON THE CENTERLINE OF MCNAB ROAD AS BEING N89 33' I S'E PER OFFICIAL RECORD BOOK 4903, PAGE 435, BROWARD COUNTY PUBLIC RECORDS. PREPARED BY ERNEST W.DUNCAN DATE PROFESSIONAL SURVEYOR AND MAPPER No. LS 5182 _ STATE OF FLORIDA SHEET 2 OF 2 UPDATES/REVISIONS DATE I BY CK'D I NOTE The undersigned and CONSUL -TECH ENGINEERING. INC. make no representations or garantees as to the completeness of the information reflected hereon pertaining to easements, right-of-way, set -back lines, reservations, agreements or other matters of record. This instrument is intended to reflect or set forth only these items shown in the references above. CONSUL -TECH ENGINEERING, INC. did not research the public records for matters affecting the lands shown. NOTE! This instrument is the property of CONSUL -TECH ENGINEERING, INC. and shollnot be reproduced in whole or in part without written permission of CONSUL -TECH ENGINEERING, INC, O ,lob No. 960305 jDrawn By: E. DUNCAN Checked By F,B. PG. Scale; N.A.