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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-083Temp. Reso.#7632 January 31, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97- 93 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 MCNAB J.V. FOR THE MCNAB MARKETPLACE PROJECT LOCATED ON THE NORTHWEST CORNER OF MCNAB ROAD AND UNIVERSITY DRIVE TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATA, WHEREAS, McNab J.V., the developer of the McNab Marketplace is proposing a commercial shopping center located on the northwest corner of McNab Road and University Drive (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, McNab J.V. has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the McNab Marketplace Project; and WHEREAS, it is the recommendation of the Acting Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with McNab J.V. be executed for the McNab Marketplace Project; and Temp. Reso.#7632 January 31, 1997 2 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 McNab J.V. for the McNab Marketplace 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 McNab J.V. for the McNab Marketplace Project located on the northwest corner of McNab Road and University Drive. 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 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. [i Lj 1 Temp. Reso.#7632 January 31, 1997 3 This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 30 day of htbR11- 1997. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approve his RESOLUTION as to for I . f TR\dav\aml CITY ATTORNEY w JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR o DIST 1: ce DIST 2: DIST 3: ComaT DIST 4: C°M 06 ra Tc x� • r� TEMP. RESO. # 7632 EXHIBIT I coQQ ERN CIR / 79 STNr wz w w '�' ¢ i' Q TR55 7 a TR56 �u., n 78 C T ^ m y y y y W Sr N PINGS AVAL❑N ESTATES W W❑❑DM❑NT CUUNTRY W Li CIR / 78 PL co -1 78 CT W CLUB W W W= W y W 78 ST 7 C3 Z y W W W = A / THE CENTRE pOD W❑❑DM❑NT aw Lia ``w i u, Ld w M W W y y TR74 w �p=3p 77 S > /% TAMARAC 7 y W 75W $ W y yco Q / ELEM SCHOOL ��PCK Z p e`age n �Rd A1- y PALM ^ / Q PAL T� CIR ���0 a^o �/j /i!ij ;/ i > S,BELL sI w WP L E 73 Q W ALA nQ CT ��p/TAMARAC/jjlji P�M� TR75 /j�/BARK 76 w ST �-Fl TOWN A � 7y W pj - r — 3 ST // !/j!/ / PLAZA n ¢ 75 n ST 'ENVIRONMENTALLY GREENBRIAR ad i viE y p� C imI / LAND- W y W130DMO T �� W Li 73 ST j j/ji W W TAMARAC > i j / j W y MED. '—' O 7a CT // y y y W r UNIV, UNIV. CTR Z PICCADILLY ST J %j MED CTR H❑SP, 72 ST 72 ST P W Q� / LOCATION c� j y �R w� 3a THIS SITE 71 CT W ( QQti W y Ri 2B/ C1 W❑QDM❑NT SQUARE 7, PLACE J� THERAPEUTIC CT r W 71 ST Q C7 TR72C a ACAD MYOD °n° TR72A / IN APP E PK o HILL n BANK �O ❑ 70 ST a as 70 CT N. AMER. z LOL5 w � z ca tiW'- j ,¢J, Z W❑❑DM❑NT W❑❑DM❑NT ALL SAINTS ALBERTS❑N O Jo CL w ¢ w % z w� C❑MM❑NS PLAZA LUTHERAN NATIONS SHELL BANK W W W w W W w W r MCNAB READ GW BANK TExac❑ TAMARAC y y ... ... y W y CONCORD VILLAGE PLAZA W W W y v W W y W W W .Wp❑ y y W W `V LA `�' `' `✓ W W W UNIVERSITY SANDS P❑INT y W W W W W W W W W TS, COMMONS W W y W W W W \�N' y CIA y y 4NGq pe W W y BELLE y y W N G�'""NY W \�\� y T H E W VCRs CjR W W TAMARAC A IL�G� W W y y GARACNS W W n MCNAB MARKETPLACE (WINN DIXIE) MCNMPL,DWG BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT TAMARAC UTILITlEa BLANKET PUBLIC IN-GRESSIEGRESS EAaEMEN PROJECT: MrNab Market ace _ (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 3o day of APR 1 L _ _ , 199Z, by McNab J.V. having an address of 2299 SW.aM_Avenue, 4th Floor, Miami, Florida 33145 , (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 commercial structures and other improvements upon the above -described property, and nothing • 961010 1 Bpsiee.wpd g3 0 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. 0 961010 2 Bpsiee.wpd q -� -9 3 . iiv " ';! li irr;SS WHEREOF, Grantor has hereunto set his hand and seal on, the day and year first above written. Developer: McNab ,point Venture a Florida general partnership Witness Antonio C. Fraga Type Name Antonio Fra a FrLrg*ZMm as Authorized Agent Wi trre"s s Antonio Yip STATE OF FLORIDA COUNTY OF —D6. SS I HEREBY CERTIFY that on this day, before me, an Of authorized in the State aforesaid and in the Count a -esaEG er dul dtO take acknowleda-,,ents, personally appeared [� C be the person(s) described in and who executed the forego ngto meknown to instrumenr and �_ acknowledged before me and under oath that same. _..._executed the -WITNESS my hard and official seal .this � � 199. - 2-- day of (L-1 Personally know to me, or ( ) Produced identwfication c NOTAR PUBLIC, Sta a of Florida at Large (Name of Notary public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( -eDID NOT take an oath. o%k%1lII11!11/ 14 QUINTq a #CC 302399 a A %9,9 •. � donned •nc° cm •` oQti •�l�e�lC, STA��'0\��� ATT T: Robert S. Noe, Jr., City Manager ATTEST: By: Carol A. Evans, City Clerk STATE OF FLORIDA . SS COUNTY OF BROWARD : ACCEPTED BY CITY OF TAMARAC GRANTEE 4 By: Jo hreiber Mayor Date: April 30 1997 By. n Robert S. Noe, Jr., City Manager Date: By: Mitchell . Ki ity Attorney to form: 1 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 Joe Schreiber, Mayor, & Robert S. Noe. Jr. , c%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 30 day of April , 199 7. tiPaV PO OFFICIAL NOTARY SEAL ;r. PHYLLIS POLIKOFF -t t C1 COMMISSION NUMBER CC390393 MY COMMISSION EXP. Fob Fro SEPi 23 1998 WN"W'Rox, NOTARY PUBLIC, I ate of Florida at Large Phyllis Polikoff (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. 961010 4 Bpsiee.wpd K-9 �-83 EXHIBIT A • • • SURVEY NOTES: I, NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE PLAT OF 'UNIVERSITY AND McNAB PLAT' P.B. 135, PAGE 2, BROWARD COUNTY RECORDS) WITH A REFERENCE BEARING OF SOUTH 89' 01' 50' EAST ALONG THE CENTERLINE OF McNAB ROAD. 4. THE 'LAND DESCRIPTION' HEREON WAS PREPARED BY THE SURVEYOR, 5. THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH. 6. THIS SKETCH DOES NOT A CONSTITUTE A FIELD SURVEY AS SUCH, LAND DESCRIPTION: PARCEL 'A', 'UNIVERSITY AND McNAB PLAT', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 135, PAGE 2, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA CONTAINING 388,076 SQUARE FEET, (7,5531 ACRES) MORE OR LESS. CERTIFICATE: IHEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION AS DELINEATED UNDER MY DIRECTION ON NOVEMBER 19, 1996. 1 FURTHER CERTIFY THAT THIS SKETCH OF DECSRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61GI7-6, FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KEIT ,,AND SCHNARS, P.A. TRIDA PAN ERS-SURVEYORS -REGISTRATION N0.4323 SKETCH OF DESCRIPTION A PORTION OF PARCEL 'A' 'UNIVERSITY AND McNAB PLAT' (P.B. 135, PG. 2, B.C.R.) CITY OF TAMARAC, BROWARD CO., FLORIDA DATE 11/19/96 SCALE I' = 1 00' FIELD BK. N.A. DWNG. BY V.C. CHK. BY J.P.W. DATE REVISIONS ° 5 pR) rrrrr�rrr�rr ve � f3 rI 40 46. pRp ®ter m�� m m .... ..... a -grxsAsaa���^�� m a� m� sm a� PINE 9LAND RD.+ I I� �I I� I _l iUNIVERSITY OR. S0092'I 'E 646.00' MCA _—_— — Ns�o I A� I INiaa I I I ��m Om ed i Ia I $q '10?v a mac to rn XI I II a?" - ��� �L-- msz - — )! 2 I 288. I `r 6a I m I — emu+ � a p yff O I tea' I bm O 1^1 iTl y x m� y m1� ola rn G i �a;�^ �- Fm�n r� ao yi� Aq sm ym ;Rc dlSo I 200,00, — I 14=21164 W- -364.53 — L — o J a .'o I WATER AND SEWER UTILITY AND DRAINAGE EASEMENT 1 UNIVERSITY (O•R.B.13ST4.PC. T40.9.C.R.) Y DRIVE �°mR �i: sro 1 ems 1 LINE SECTION 4-49-41-�--------- - 1 y�- �n9 c� ym �mH y'aoa_ �m ;In h "a z SKETCH OF DESCRIPTION A PORTION OF PARCEL "A' 'UNIVERSITY AND MCNAB PLAT" (P.B. 135. PG. 2, B.C.R.) CITY OF TAMARAC. 6ROWARD CO.. FLORIDA DATE 11/19/96 SCALE 1'=120' FIELD BK. N.A. DWNC. 8Y V.C. CHK BY J.P.W. DATE REVISIONS