HomeMy WebLinkAboutCity of Tamarac Resolution R-86-2471
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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:
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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
•
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DEaCRIPTIQK', PARCEL "A"
1.1
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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
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