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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-248Introduced by: c/ Temp. # 4200 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86- A RESOLUTION APPROVING AND ACCEPTING A NEW CANAL MAINTENANCE EASEMENT OFFERED BY MCNAB ASSOCIATES FOR THE TAMARAC SQUARE WEST PROJECT; RELEASING THE ORIGINAL CANAL MAIN- TENANCE EASEMENT; OR BOOK (13202, PAGE 49); AND PRQYIDING AN EFFECTIVEDATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTIO 1: That the New Canal Maintenance 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". SECTIQD 2: That the appropriate City officials are hereby authorized to execute said easement on behalf of the City. CTION 3: The City of Tamarac hereby releases the, original canal maintenance easement approved and accepted by Resolution No. 85-415, on December 6, 1985, recorded in OR Book (13202, Page 49) 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 !-�day of , 1986. /1 AAAW4 ATTEST: MAYOR CITY CLE K I HEREBY CERTIFY that I have RECORD OF COUNCIL VOTE approved the form and correct- ness of this RESOLUTION. MAYOR:HART DIST. 1: C/W MASSARO CI Y TT R DIST. 2: C/M STELZER 0 DIST. 3: C/M GOTTESMAN 15054986/p DIST. 4: V/M STEIN -1- l rl. J- 1t�� NEW CANAL MAINTENANCE EASEMENT This New Canal Maintenance Easement ("New Canal Maintenance Easement") is made by McNab Associates, Ltd., a Florida limited partnership on behalf of itself, it grantees, successors or assigns (collectively "Developer") in favor of the City of Tamarac, Florida, a municipal corporation ("City"), 5811 N. W. 88th Avenue, Tamarac, Florida 33321. 0 W I T N E S S E T H: WHEREAS, by Grant of Easements for Canal Maintenance, Sidewalk and Drainage Purposes and Agreement to Grant Easements for Utility Purposes recorded February 24, 1986, in Official Records Book 13202, Page 49 of the Public Records of Broward County, Florida ("Prior Easement"), Developer granted to the City the easements set forth within such document, including, but not limited to, a twelve foot (121) canal maintenance easement ("Original Canal Maintenance Easement"); and WHEREAS, the Developer is the owner of that certain parcel of land ("Property") located in Broward County, Florida within the incorporated territorial limits of the City, more particularly described in Exhibit A attached hereto and made a part hereof; and WHEREAS, the Developer wishes to develop that portion of the Property ("Site") more particularly described in Exhibit B attached hereto and made a part hereof; and WHEREAS, the City desires to release to Developer the Original Canal Maintenance Easement, it being the intention of the parties to terminate such easement and to create this New Canal Maintenance Easement; and • WHEREAS, Developer desires to be released from the Original Canal Maintenance Easement and to terminate such easement and to create this New Canal Maintenance Easement. NOW, THEREFORE, in consideration of these premises, and the mutual covenants contained herein, Developer and the City hereby agree as follows: 1. Release of Original Canal Maintenance Easement. The City hereby releases to Developer the Original Canal Maintenance Easement described within the Prior Easement and the parties hereto hereby agree to terminate the Original Canal Maintenance Easement. The remaining provisions of the Prior Easement remain in full force and effect. 2. Creation of New Canal Maintenance Easement. Developer does hereby grant to the City a perpetual non-exclusive twenty foot (201) easement over the real property more particularly described in Exhibit C attached hereto and made a part hereof, for purposes of the City's maintenance of the existing canal adjacent thereto ("New Easement"). Developer also does hereby grant to the City two (2) perpetual non-exclusive twelve foot (121) wide easements ("Access Easements") for access purposes from paved parking areas on the Site through the two (2) openings in the "Wall" (as hereinafter defined) to the New Easement for purposes of access to the New Easement. The "Wall" is the wall along the western boundary of the Site. Each Access Easement shall have as its centerline a line perpendicular to the Wall which intersects with the Wall at the center of the removable section of the wall closing the opening in the wall. Developer and the City agree that the New Ingress/Egress Easement in favor of the City recorded in Official Records Book Page of the Public Records of Broward County, Florida, already provides the City access across the paved parking areas on the Site adjacent to each Access Easement. The New Easement and the Access Easements are hereinafter collectively referred to as the "Easement". Nothing contained herein shall be construed as imposing an obligation on Developer to maintain said existing canal. 3. Indemnification. The City hereby agrees to indemnify and hold the Developer, its grantees, successors or assigns harmless from any and all claims, causes of action, damages or costs arising from the City's use of the Easement hereby granted; including, but not limited to any and all court costs and attorney's fees incurred in settlement, trial, or appeal of any such claims or causes of action. The City's duty to indemnify hereunder shall not include claims, causes of action, damages or costs arising from the negligence of Developer, its grantees, successors and assigns. 4. Easements Running with the Land. The Easement granted herein is intended to be and shall be construed as running with the land, binding upon, inuring to the benefit of, and enforceable by the parties hereto, their respective successors or assigns, upon the terms and provisions contained herein. Governing5. Law. The Easement granted shall be governed ,„ .. by, construed under and enforced according to the laws of the State of Florida. Venue for any litigation hereunder shall be Broward County, Florida. 6. Assignability. Neither the rights or obligations under the Easement granted may be assigned by the City without the express prior written consent of Developer, its grantees, successors, or assigns. 7. Captions of Paragraph Headings. Captions or paragraph headings contained herein are for convenience and reference only, and in no way define, describe, extend or limit the scope or intent of the Easement granted hereby. 8. Further Assurances. Each of the parties hereto agree to execute, acknowledge and deliver, or cause to be done, executed, acknowledged and delivered all such further acts, and assurances which shall be reasonably requested by the other party in order to carry out the intent of the Easement granted and to give effect thereto. Without in any manner limiting the specific rights and obligations set forth herein, the parties hereby declare their intention to cooperate with each other in effecting the terms hereof. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. WITNESSES: DEVELOPER: McNAB ASSOCIATES, LTD., a Florida limited partnership By: Wenal McNab Co., a Florida corporation, Gene 1 Partner i ? By: Ea 1 Ku z Vice President (Corporate Seal) This 2Y day of , 1986 0 . E • CITY OF TAMARAC By: AT�TES This � day of � " , 1986 City g ATTEST: �yvClfrk i APPROVED AS TO FORM: City Att ney i > 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 aforesaid to take acknowledgments, 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 laentioned, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 4V day of , 1986. cea�� ZIE= 9,--k Notary Public, State of Florida My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA MY COMNISSION EXP. MAR 25.1989 BONDED TNRU GENERAL INS. UND. 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 aforesaid to take acknowledgments, personally appeared tirzlLi�� to me known and known to me to be the person who execulted the foregoing instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official s al -n the State and County last aforesaid this _- day of 1,986. Notary Public, State of Florida My Commission Expires: NOTARY PUBLIC STATE W FU RIDA Mr COMMISSION EXP. NOW 18,1989 BONDED TMRU GENERAL INS. UND. 2/3/tb EXHIBIT A Legal Description of the Property 25± Acres • EXE'131T A �o�' A. .t b 00 c60a titi it � r• � Q�cp ,yo►° c�d� LEGAL DESCRIPTION OF "LAND" n y f tx w e 14491 c ;O NsUI Pr� • ■ w■1, sanss.. � rind �s a�nrI win-�L3yrri���:�.w�a' •wwR■ • w■O fw•e ';I. 6 e .. a T+ w■ w 7 n p w Zqi a w O r^ r 7] 7 •+ eir�7+ n0.«_n v 'w �i ew 3 S7 en e.n_ ewrs�i Tom +S0psw i- r•ivyn.~.v Vcww nr s.w wyye•sw� fir. ft n♦_w[[••�f"•7 ,��•r o �f 1=S■71e ew Myf :�sw ■,+TleC w, n Rar:ae761�. o \' ay tH • % rp,"e'e-0 iok •77S�rS= �•e,w:`�n"3-: r aw ».aww�S• �SiC�e�e`2•02 Ile e.. C. / �•1 aw the y •/ 1` '� r it=rw;nr�■a yJri r wy' ew+w. . • . .. p ■ y■ M • w V w is ^ N • .. ' � • '� wRfr icy=8+ O rn]n � G _ _ ��ZZ • weer is�. c .. 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T. r mfy EXHIBIT A z Z M O 0 L� • EXHIBIT B Legal Description of Site (20.824 Acres) QESCRIPjQNP PARCEL "A" 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; thenca 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 00010105" West, a distance of 29.45 feet to the point of curvature of a curve concave to the West; thence Northerly along the are of said curve, having a radius of 1647.00 feet, a central angle of 37012107", an arc distance of 1069.39 feet, the last two (2) described courses being coincident with said Easterly canal sight -of -way line; thence North 51000150" East, a distance of 257.60 feet; thence South 38059110" East, a distance of 49.00 feet; 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" last; thence Southerly along the arc of said curve, being coincident with the Westerly right-of-way line of Pine Island Road (o/K/A Northwest 88th 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 24017.25", an arc distance of 995.00 feet; thence South 04028140" 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 62031.001" East; thence Southerly along the arc of said curve, being 19.00 feet West of and concentric with said Westerly sight -of -way of Pine Island Road, said curve having a radius of 2328.00 feet, a central angle of 07018'55", an are distance of 297.23 feet to the point of tangency; thence Soutb 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 45025123" 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 68059.10" 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 69034153" West, a distance of 200.00 feet; thence North •4059,10" 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 20.424 acres, more or lose. 1. This is not a Sketch of Survey of the lands described hereon, field measurements or location. I hereby certify that this and correct to the beat of my Minimum Technical Standards Florida as sat forth irk ADMINISTRATIVE CODE. DARBY AND WAY, INC Sheet 1 of 2 Job No, 3064H 11/6/85 Nov. 4/29/46 - Rev. 5/20/86 but only a graphic depiction and in no way reflects actual SKETCH an knowledge for Lana Chapter d LEGAL D93CRIPTION is true and belief and meets the Surveying in the State of 21NH-6 of the FLORIDA Sr. W lson F. Way Replstered Land Sury rAw No. 2" - State 0 Fleri - ; 46 • C� EXHIBIT B I SKETCH TO ACCOMPANY DESCRIPTION of 0o s° ti 40� AZOR/04 mt r z I NOS CO. 6U40. N• t 04 /--WZ AWN) A' 1 Z Q w v p w�t�wwa0 e/rl�rrwiA+ Noy Ar NJ, ",,OD Llw'"vaT=v8m"or tat•UT•••r x[tNsn[IR16 pwL�N T�RI v [[•m Ire a t Al" SWAS •o ONTURg• A" v9sipigs at *%gas "Noo" wRop"Tg TRti vuln Ar". I$" ""M 0 "s roo/grtTT' M $"or w rr, wR ANN• i an a wags N Rg►Ro•"gs IR WOM •R r•U •rTam owls r p9sum"s. 04&61 Are r•orgMorRsliRll[rIR• gwiM[L�1R w /' • �y aa• Rg. r R �w•gRa•as, PLOOM& ma*..w. me-711.•••1 x0 O`t PLO%441 1 X:MO..x, d 71/49 15' I Sd•A745`E - t.77• A* : Apxri fs aAowo ,kmm vie AlAWirr /i w m ores IWIWen %Roc Af �. ea64/ EXHIBIT C Legal Description of New Canal Maintenance Easement (20 foot wide easement) L� r1 Lj 0 DESCRIPTION: Proposed 20' Canal Maintenance Easement 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 Palm Beach County, Florida, described as follows: COMMENCE at the Southeast corner of said Section 5; thence North 8805911011 West (on an assumed bearing), along the South line of said Section 5, a distance of 753.16 feet; thence North 0001010511 West, along the Easterly right-of-way line is described its Southerly extentlon, 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 0001010511 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 4203010011, an arc distance of 1221.68 feet to the point of tangency; thence North 4204010511 West a distance of 35.95 feet, the last three (3) described courses being coincident with said Easterly canal right-of-way line; thence North 4701915511 East, a distance of 20.00 feet; thence South 4204010511 East, along a line 20.00 feet East of, and parallel with said Easterly canal right-of-way line, a distance of 35.95 feet to the point of curvature of a curve concave to the West; thence Southerly along the arc of said curve, having a radius of 1667.00 feet, a central angle of 42030,0011 and an arc distance of 1236.52 feet to the point of tangency; thence South 0001010511 East, a distance of 29.86 feet; thence North 8805911011 West, along a Iine 55.00 feet North of and parallel with the said South Iine of Section 5, a distance of 20.00 feet to the POINT OF BEGINNING. Said lands situate, lying and being in the City of Tamarac, Broward County, Florida. NOTES: 1. This is not a Sketch of Survey but only a graphic depiction of the lands . described hereon, and In no way reflects actual field measurements or location. 11 CERTIFICATE• I hereby certify that this SKETCH and LEGAL DESCRIPTION is true and correct to the best of my knowledge and belief and meets the Minimum Technical Standards for Land Surveying in the State of Florida as set forth In Chapter 21HH-6 of the FLORIDA ADMINISTRATIVE CODE. DARBY AND WAY, INC. / By: Wilson E. Way Sheet 1 of 2 Reentered Land Surveyor No. 2385 B064H State of Florida Revised 6-03-86 EXHIBIT C SKETCH TO ACCOMPANY DESCRIPTION -POOR .FIV Mil-,QL MV1,, 7Z* ,'11V,'f1C£ £,4�5TEN/E,UT h, � PROPO6E0 ti v76 L'DN�IL �JA/,t/TEX4N['f E,ASE�ENT cb- r ga s eras Cost. SEES WIDE 4 I t � d � a all M^^__ •V m a a �W a D� tG" 0 ivESJwD00 Air,�i�.v/rr � A.,4 /YD'/D'D1"'/✓ - /r'I�OEC�Sf',�CCESf EAaf'£. • Y9.45' Q P.D.B. �er.r�'/o"�✓. r714p• ti h /✓BB • J9 %D"I✓- 7.f3. AV - �O•/�'DS`/Y THE LAND$ SHOWN HEREON WERE NOT ABSTRACTED, See f-Aif4/ BY THE UNDERSIGNED. FOR RIGHTS•OF-WAY, EASEMENTS, SUCH INFORMATION SHOULD $E IOBTAINEDTAND SVERIFILD RO No& BAntwys j&wh /tErtaA Ott BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. t!/O%/L// f0 O/J O,SLA/IJ�dAiYi/d/�/1, THIS DRAWINS IS THE PROPERTY OF PARRY #/I WAY, Me. AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR PART WITHOUT WRITTEN PERMISSION. Sheet ? Dit 801041 01 PROP93SIONAL SURVEYING AND ENGINEERING CHICK fir• $300 M.E. IM AV. FT. LAUOERDALt, FLORIDA 33334 p ��� 305-771-0051 P�C` ►19L ,t//d