Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-86-2471 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 20 21 22 23 24 25 26 27 Introduced by:()Temp. # 4204 CITY -OF TAMARAC, FLORIDA RESOLUTION NO. R-86- A RESOLUTION APPROVING AND ACCEPTING A NEW INGRESS/EGRESS 'EASEMENT OFFERED BY MCNAB ASSOCIATES FOR THE TAMARAC SQUARE WEST PROJECT; RELEASING THE ORIGINAL INGRESS/ EGRESS EASEMENT AS RECORDED IN OR BOOK (13202, PAGE 43); AND PROVIDING AN EFFEC- TIVE DATE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SE-CTION 1: That the new ingress/egress easement offered by McNab Associates for Tamarac Square West is HEREBY APPROVED and accepted, a copy of said easement being attached hereto as "Exhibit 1". E TIQN 2: That the appropriate City officials are hereby authorized to execute said easement on behalf of the City. SECTION 3: The City of Tamarac hereby releases the original ingress/egress easement approved and accepted by Resolution No. 85-416, on December 6, 1985, recorded in OR Book (13202, Page 43) of the Broward County Records. SECTION 4: That the City Clerk is hereby authorized and directed to record said easement in the public records of Broward County, Florida. SECTION 5: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this 2-�day of , 1986. ATTEST: 28 29 30 31 32 33 34 i I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. C7— TY TTORN 15054,886/p '19 rvu- MAYOR RECORD OF COWCIl. VOTE_ MAYOR: HART -� DIST. 1: C/W MASSARO DIST. 2: C/M STELZER DIST. 3: C/M GOTTESMAN DIST. 4: V/M STEIN _, �� NEW INGRESS/EGRESS EASEMENT THIS NEW INGRESS/EGRESS EASEMENT is made this day of 1986, by McNab Associates, Ltd., a Florida limit,od partnership (the "Grantor"), to the City of Tamarac, a municipal corporation (the "Grantee"), 5811 N. W. 88th Avenue, Tamarac, Florida 33321. 0 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 has previously created in favor of Grantee an non-exclusive easement for ingress and egress pursuant to an Ingress/Egress Easement recorded in Official Records Book 13202, Page 43 of the Public Records of Broward County, Florida over substantially all of the Property and certain additional property adjacent thereto ("Original Ingress/Egress Easement"); and WHEREAS, the City desires to release to Grantor the original Ingress/Egress Easement, it being the intentions of the parties to terminate such Easement and to create this New Ingress/Egress Easement; and WHEREAS, Grantor desires to be released from the original Ingress/Egress Easement and to terminate such Easement and create this New Ingress/Egress Easement in favor of Grantee for ingress and egress of police, emergency, or other City vehicles coming onto the Property on proper City business (e.g., building inspec- tions) ("Grantee Vehicles") over that portion of the Property improved and intended for use as entranceways, drives, or service roads as same from time to time exist ("Easement Property"), 0 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: 1. Release of Original Ingress/Egress Easement. The City hereby releases to Grantor the Original Ingress/Egress Easement and the parties hereby agree to terminate the Original Ingress/Egress Easement. 2. Creation of New Ingress/Egress_ Easement. Grantor does hereby create, establish and grant a new non-exclusive easement ("Easement") on, over, or across the Easement Property to Grantee for the purpose of permitting ingress and egress of police emergency, or other Grantee Vehicles and personnel on proper City business. 3. Covenant Running with the Land. The Easement, benefits and burdens set forth herein are intended to be, and shall consti- tute, covenants running with the land, binding upon, inuring to the benefit of, and enforceable by the Grantor and Grantee, and their respective grantees and successors, upon the terms and provisions contained herein. LJ 9. Grantor's _Right to Amend. Notwithstanding anything to the contrary herein contained, the Grantor expressly retains the right to amend, redesign, or modify the Easement Property, from time to time, with Grantee's approval. City's approval to such amendment shall be evidenced by Grantee's execution of the recorded instrument by which this easement is amended of record. IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed on the day and year first above written. 0 WITNESSES: DEVELOPER: ATTEST: ( D :...� City Maa=gUZ:t, �;EST: City Clc APPROVED AS TO FORM: City Attorney y STATE OF FLORIDA SS: COUNTY OF BROWARD McNAB ASSOCIATES, LTD., a Florida limited partnership By: Wenal McNab Co., a Florida corporation, Gen a1 Partner By: Earl Kurtz, Vice President (Corporate Seal) This 5�1-- day of �'.N ; , 198G CITY OF T RAC By: / This ;' day of �, 1986 G• I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowl- edgments, personally appeared EARL KURTZ, Vice President of Wenal McNab Co., a Florida corporation, who signed the foregoing instrument as General Partner of McNab Associates, Ltd., a Florida limited partnership, to me known to be the person who signed the foregoing instrument as such officer, and acknowledged the execution thereof to be his free act and deed as such officer for the uses and purposes therein mentioned, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official s 1 in the County and State last aforesaid this day of 1986. otary Public, State of Florida My Commission Expires: r nDtvy PubSc, State of Florida. MY Commission Expires hn. b, 1?87 11nded It.r. Imp fain • Ir.aw.n: u, rnt. • 0 STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesad o take acknowl- edgments, personally appeared 4t to me known and known to me to be the person who executed he foregoing instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official n the State and County last aforesaid this � =IaL day of, 1986. Notary Public, State of Florida My Commission Expires: 2/l/tb NOTARY PUBLIC STATE OF FLORMA NY CONNISSION EXP. Nov 18.1"s BONDED TNRU GENERAL INS. UNa. EXHIBIT A Legal Description of 20.824 Acres • C� DEaCRIPTIQK', PARCEL "A" 1.1 0 n LJ A portion of the FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2 of Section 5, Township 49 South, Range 41 East, as recorded in Plat Book 1, Page 102 of the Public Records of Pala Beach County, Florida, described as follows: COMMENCE at the Southeast corner of said Section 5; thence North 88059'10" West (on an assumed bearing), along the South line of said Section 5, a distance of 753.16 feet; thence North 00010'05" West, along the Easterly right-of-way line and its Southerly extension, of that certain 100.00 foot wide canal as described in Official Records Book 6450, Page 688 of the Public Records of Broward County, Florida, a distance of 55.01 feet to an intersection with a line 55.00 feet North of, and parallel with the said South line of Section 5 and the POINT OF BEGINNING; thence continue North 00010.05" West, a distance of 29.45 feet to the point of curvature of a curve concave to the West; thence Northerly along the arc of said curve, having a radius of 1647.00 feet, a central angle of 3701210701, an arc distance of 1069.39 feet, the last two (2) described courses being coincident with said Easterly canal right-of-way line; thence North 51000'50" East, a distance of 257.60 feet; thence South 38059110" East, a distance of 49.00 foots thence North 51000,50" East, a distance of 440.92 feet to an intersection with a curve concave to the West, a radial line through said intersection bears North 53020141" East; thence Southerly along the arc of said curve, being coincident with the Westerly sight -of -way line of Pine Island Road (A/K/A Northwest 68th Avenue) as described in Official Records Book 4747, Page 183 of the Public Records of Broward County, Florida, said curve having a radius of 2347.00 feet, a central angle of 24017125", an arc distance of 995.00 feet; thence South 04028'40" East, a distance of 200.00 feet to an intersection with a curve concave to the West, a radial line through said intersection bears North 82031100" East; thence Southerly along the arc of said curve, being 19,00 feet West of and concentric with said Westerly right-of-way of Pine Island Road, said curve having a radius of 2328.00 feet, a central angle of 07018155", an are distance of 297.23 feet to the point of tangency; thence South 00010.05" East, along a line 19.00 feet West of, and parallel with said Westerly right-of-way line, a distance of 2.77 feet; thence South 45025'23" West, along the chord of a curve having a radius of 35.00 feet, said curve being tangent to the last described course and also being tangent to the following described course, a distance of 50.01 feet; thence North 88059110" West, along a line 60.00 feet North of, and parallel with the said South line of Section 5, a distance of 300.00 feet; thence South 89034153" West, a distance of 200.00 feet; thence North 68059110" West, along a line 55.00 feet North of, and parallel with said South line of Section 5, a distance of 145.37 feet to the POINT OF BEGINNING. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida, and containing 20.824 acres, sore or less. 1. This is not a Sketch of Survey of the land* described hereon, field measurements or location. I hereby certify that this and correct to the best of my Minimum Technical Standards Florida as set forth in ADMINISTRATIVE COI DARBY AND WAY, IN( Sheet i of 2 Job No. B064H 11/6/65 Rev. 4/29/86 - Rev. 5/20/86 but only a graphic depiction and in no way reflects actual SKETCH and knowledge for Land Chapter LEGAL DESCRIPTION is true and belief and meats the Surveying in the State of 21HH-6 of the FLORIDA By: Wlson E Way Aeptttered Land Survrmr No. 2- State o4 F!hri '.• EXHIBIT A SKETCH TO ACCOMPANY DESCRIPTION . y- 00 - !godost�' r- fLOR/0A orwar z imos CO. SUBO N' Z (Aff /-iot 4WR) s TAb Q a. a IYrf�/veo0 L�IIMYL4ll1)' 1 PiRCEL � v � m to at*4exIC3 01 id5ol`s't�'AV �i a alli V�WS►'�I► sbN t'�w .,y . v7' NII •�! ia�v-gyp' � ti ' .. '�' Tr[ LAM$ SOM MWON rRAR NOT &"TRARRO� Or rMt wo[ ra RIMrtf-ol•rAr RAatltlmm A[i[l!T10ri AI�P 44j Wp ; M:TT,RO 4v Nram p 0"gal TboM RM, YPROMIlma fins KAwmAn". Too BRAWIN$ V "a DOpRRTT M ~or aw mp" mra AMP � iL ROT U YRRO OR REPROOWAO IN •MOLT 04 'ART •ITMOM VwTISN PUNA 10N. rlikortiowrAL evm►orwo Am sammiRRIRo of 650O Rg- w st R L&A42DUS. 1LQ*!pl i us* -_ ` i0i.rrl•OOiI S°7�'�oE 1 a , v x' A:x,, i.7 Sd •,f7 o5`E - 177' A*Mf ,*iron ore rt/4✓NI !I &7 4LWwe dl jwledn SAW f ist .jp Jf. Coiirr seer. s.���li ed6$,v F