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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-049Temp. Reso.# 7631 December 6, 1996 1 CITY OF TAMARAC RESOLUTION NO. R-97--'Iq A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH NANCY A. STERN FOR THE MCNAB / PINE ISLAND ALF PROJECT LOCATED ON THE SOUTHEAST CORNER OF MCNAB ROAD AND PINE ISLAND ROAD TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, development and site planning is being proposed for McNab / Pine Island ALF Project located on the southeast corner of McNab Road and Pine Island Road (shown 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, Nancy A. Stern has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the McNab / Pine Island ALF Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket it 1 Temp. Reso.# 7631 December 6, 1996 2 Public Safety Ingress/Egress Easement be executed for the McNab/Pine Island ALF 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 execute a Blanket Public Safety Ingress/Egress Easement with Nancy A. Stern for the McNab / Pine Island ALF 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 with Nancy A. Stern for the McNab / Pine Island ALF Project ( attached hereto as "Exhibit 2") located on the southeast corner of McNab Road and Pine Island Road. That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. Temp. Reso.# 7631 December 6, 1996 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6:_ . 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 portions or applications of this Resolution. 3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this F� ATTEST: �� 42��-4� CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have a r ved this RESOL TION as fo . n / �, MITCHELL S. K FT CITY ATTOR Y Utilities:dav/aml 1 /2 day of 1997. LARVY MISHKIN VICE MAYOR RECORD OF COMMISSION VOTE MAVnD LIST DIST DIST DIET '.� . e"�n �'11c3 j ESHIBIT i • • _JWNV) U W Q JA a-c3< v = Q �JA o -70 ST ZW Zo UWm z0UJ Co u 4 J Y n a W a8 - J W❑❑DM❑NT COMMONS 70 CT Q Cm) LAAo WPZT00¢o »z McNAB ROAD y y y y y y y y CONCORD VILLAGE SITE y WOODLAND LAKES y y LOCATION y y W y y y y y •WI]❑ W y y y y •V LA COL. W. \�\\ y y y y SANDS POINT y�• Y \ y y y y T S• y W y y y y y y y CANNONGAT£ y y y CLUB �\� , y y y y HOUSE �\. y. y y ,� pl❑Ny y \ Q \'r/� N W y \\�\ y \ y V ERSAILLES y` L y y C RAL y y y y y y Q J,^ y y \\ y \\\' y^ ':��I \ GARDENS \\\\ y ❑L F y y y y `LGnn AO y �\ y V LLAS W y y W y \X R❑KEST y X pOZA �s y y APTS. W y y y A y y y WEDGES y y y y LAND SEC, 9 Nx y BOARDWALK APTS. F FAIRWAYSy y 61 ST 61 ST (Y— BOARDWALK APTS. g i 59 PL 59 PL Z % o✓ SUNSET > W Q j ¢ 59 CT L,' g ISLES 59 CT a Z J / n MAINLANDS r' ,--i coL- 59 ST UNIT 13 59 ST co 58 r � n , ST 57 DR w 57 LN r. 7a co n co 8741-8767 ❑FC. BLDG CHEVRON 58 PL �' �i 58 PL jjr w> w /j MAI L DS a w r a j/ UNI 1 j jj r> 58 �D D in /�j aG S ' /j� co COD CD co T cco u 6 .4 LA DS N T 12 S'�p GREENHAVE L �/ 57 PL g 12 5 57 ST 7 CT 57 A1R'1 VE 7 57 CT �! S, COLONY CIR. J y y y y y y y y y y y y y v G❑LF C❑URSE, .� " y y FAIRVIEW DR y y v 58 CT NW 57TH ST COMMERCIAL I BLVD_ 62 CT CEDGE W TER) 61 S ] 0: Q co Q Li WATERSIDE 1 60 ST EARTLAND ❑F TAMARAC 7 n x �- C3 0 z MPALFIEE.DWG KoNAB / PINE ISLAND A.L.F. BLANKET PUBLIC SAFETY INGRESS / EGRESS EASIBM31NT R. 9 7 q1 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRU,5/EQRE5S EA EN This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 12 day of March , 199 7 , by Nangy A, Stern having an address of 3130 N. Pine Island Road, Sunrise. i 1 , (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 0 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 residential dwellings and other improvements upon the above -described property, and nothing contained herein shall be deemed to prohibit or restrict Grantor or its successors from 961010 1 Bpsiee.wpd K-qI-qI 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. • 0 961010 2 Bpsiee.wpd R _j 141 • C� J • IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. fill T Wi ness Type Name Witness Type Name Debra A. Vince STATE OF FLORIDA :SS COUNTY OF o (G DQTOR `. Ty a Name;T' e Nancy A. Stern / Owner Type Name/Title I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid anc�in the County aforesaid to take acknowledgments, personally appeared persons(s) describ d in and who executed the foregoing instrument and acknowledged before me that SA e— executed the same. he to me known to be the she WITNESS my hand and official seal this �_ day of % , M RIDA E EXP. Co LcSION NO- ( ) Personally known to me, or ( of Produced identification A)or ma, �fia,41V NOTARY PUBLIC, State of Florida at Large i (Signature of Notary Public: Print, Stamp, or Type as Commissioned) br / I/ e Ps i,Cehs ell Type of I.D. Produced ( ) DID take an oath, or (X ) DID NOT take an oath. 961010 3 Bpsiee.wpd K , . j r-z C� ATTEST: By:✓�-- s �. Robert S. Noe, Jr., City Manager ATTEST: By: Carol . Evans, City Clerk STATE OF FLORIDA SS COUNTY OF BROWARD : GRANTEE By: Lar ishkin Vice Mayor Date: March 12, 1997 B �-\ - ) -" Y� Robert S. Noe, Jr., City Manager on. -WVr"MINVA51a 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 Larry Mishkin and Robert S. -Noe, ,,,,.Jr. _ to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this 12 day of March 199 7 - R OFFICIAL NOTARY SEAL� PHYLLIS POLIKOFFC* COMMISSION NUMBER e CC3903924 MY COMMISSION EXP. SEPT 231998 a YA-11 NOT RY PUBLIC, St of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( x) Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or (x ) DID NOT take an oath. IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the 961010 4 Bpsiee.wpd K-'r.l --f L • r� IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: Corporate Secretary (Corporate Seal) MASSACHUSETTS STATE OF K10RAM S COUNTY OF MORTGAGEE CHARITY TEAM INCENTIVES, INC. By: ' ` Type NameY T. LA MEDICA President "'4L J 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 IMARY T. LA MEDICA as President and....-. RLUELE F. LA MEDICA as Secretary of Charit eam ncen awes, gyp• me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this day of September ..- 1 199 6 NOTAAY Kt6LIC, State of f�a at Large Massabhusetts VIRGINIA DUORIO Notary publc (NamVY00t0m glr ~-f i2009Print, Stamp, or Type as Commissioned) (I/ Personally know to me, or Produced identification r ` ` Type of I.D. Produced (L, DID take an oath, or ( ) DID NOT take an oath. 961010 5 Bpsiee.wpd re,11/-Y-I EXHIBIT A ri 0 He HAD- PORE aLkmB A.LJF. #m-aa WEST Mc NAB ROAD __Cea_ k tio � � U