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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-427Introduced by: v//�IV Temp. Reso. #4_403 1 2 3 4 5 6', 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86- TZ 7 A RESOLUTION APPROVING AND ACCEPTING A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT OFFERED BY MICHAEL A. SHIFF, AND DONALD T'. SUTTE, JR., TRUSTEE FOR THE FOUNTAINS CORPORATE CENTER PRQJE9T_1*_,&ND PRQVIDINQFF C I BE IT RESOLVED BY THE COUNCIL'OF THE CITY OF TAMARAC, FLORIDA: SECTIQN 1: That the Blanket Public Safety Ingress/ Egress easement offered by Michael A. Shiff, and Donald T. Sutte, Jr., Trustee for the Fountain Corporate. Center project is HEREBY APPROVED and accepted, a copy of said easement being attached hereto as "Exhibit 1". SSCJ1ON _2: That the appropriate City officials are hereby authorized to execute said easement on behalf of the City. SECTIQ 4.3: That the City Clerk is hereby authorized and directed to record said easement in the public records of Broward County, Florida. ,SECTION 4: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this ,;?6 day of1986. i ATTEST: MAYOR BERNARD HART CAROL E. BARBUTO ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. '—CITT AT{E EY A. BR NT APP EGA E MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: V/M STEL.ZER .� DIST. 3: C/M GOTTESMAN DIST. 4: C/M STEIN _.._ a. �5 S/EGRESS EASEMENT BLANKET PUBLIC SAFETY INGRES,�,.,�__,i,._ THIS BLANKET INGRESS/EGRESS EASEMENT is made this ,­Z 4 day of 198 i, by _ Michael A. Sbiff and Donald +T. Sutte, Jr., Trustee at 2701 W. Oakland Park Boulevard Oakland Park, Florida 33311 (the "Grantor"), to the city of Tamarac, a municipal corporation at 5811 N. W. 88th Avenue, Tamarac, Fla. 33321 (the "Grantee"). 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 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 utility services, fire protection, police protection, and emerge!lcy, other public safety services, and canal maintenance. 0 It is acknowledged that Grantor, or its successors, intends tO construct residential dwellings and other improve- , ments upon the above -described property, and nothing contain- ed herein shall be deemed to prohibit or restrict Grantor or its successors from constructing any buildings or improve - meets 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 -� 4'KVr, Ul" r•LUM1 llA ) ) SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and Cou t fo e i t take acknowledgments, personally appeared to me known and known to me to be the person who execute e foregoing instrument, and he acknowledged. before me that he execute the same. WITNESS my hand and off' Jai seal in the State and County last aforesaid, this /� NOTARY PUBLIC, STATE F FLORIDA My Commission Expires: J /J"`P% STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the Co my aforesaid to Aake ack owledgments, personally appeared to, me khoWn t1oc be the pers n ribed in and ho exec to the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal in the County and State last aforesaid this / 8- day of A.D. 198_. N 'Ply PSTATE Or FLORIDA MY COMM ISSICN EXFIUS MAY 1I5 1987 AONDED Jbg. u SUINEPAL 1;,J�uR& 4FE UI4a 9/12/86 bra PUBLICSAFEASEME STATE OF FLORIDA COUNTS OF BROWARD 11 ,�l • Before me personally appeared Bernard Hart, Mayor and John P. Kell City_ Manager,' to me well known and known to me to be the porsons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. Witness my hand and official seal, this 26th day of November, 1986. Notary Public My commission expires: State of Florida at Largp I VOTARY PUBLIC STATE Of FLORIDA NY (OKAISSIOR EXP SEPT 17.19SO ' r,14!) -. -Ml .'.E4RA: 1RS. UV,, 0 :• Wn NUVII 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 wh}ch, 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. IN WITNESS THEREOF, Grantor has caused this Easement to be executed on the said day and year first above written. Signed, sealed and delivered in the presence of: I IE= GRANTOR Mich 1 D. Nash MICHAEL A. SHIFF DONALD T. SUTTE, JR, TRUSTEE , By James C. Brady, Atorney-In-Fact �} Pat Henzler a tte�', Jr. � Y ACCEPTED BY CITY OF TAMARAC, GRANTEE A -- By By C Bernar art " MAYOR ATTEST: This day of 1984 (��V "- g �) Carol E. Barbuto Assistant City Clerk ATTEST: ID By ohn Kelly CITY MANAG This.2�L_day of ! 198G n R. Bryant Applegalte CITY ATTORNEY' Exhibit "A" Legal Description and Location DESCRIPTION A PORTION OF TRACT 13. 'FORT LAUDERDALE TRUCK FARMS SUBDIVISION", LYING IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA TOGETHER WITH A PORTION OF A 106.00 FOOT RIGHT-OF-WAY (KNOWN AS N.M. 57TH STREET) AS RECORDED IN O.R. BOOK 3918. PAGE 856 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST (S.W.) CORNER OF SAID SECTION 11; THENCE N.00'00'15'W., ALONG THE WEST LINE OF SAID SECTION 11, A DISTANCE OF 53.01 FEET; THENCE S.89'02'05'E.. A DISTANCE OF 666.60 FEET TO THE POINT OF BEGINNING; THENCE N.00'57'55'E.. A DISTANCE OF 300,00 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF A 106.00 FOOT RIGHT-OF-WAY, KNOWN AS N.M. 57TH STREET; THENCE S.89'02'050E., ALONG SAID SOUTHERLY RIGHT -OF -MAY, A DISTANCE OF 50.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID SOUTHERLY RIGHT-OF- WAY, HAVING A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 46'47'410, A DISTANCE OF 245.02 FEET; THENCE N.47'45'36'E., ALONG A LINE RADIAL TO THE LAST DESCRIBED CURVE, A DISTANCE OF 106.00 FEET TO THE SOUTHERNMOST SOUTHWEST CORNEA OF THE PLAT ENTITLED 'THE FOUNTAINS', AS RECORDED IN PLAT BOOK 83, PAGE 44 OF THE PUBLIC RECORDS OF BROWARO COUNTY. FLORIDA; THENCE S.89'02'05'E., ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 303.97 FEET TO THE SOUTHEAST (S.E.) CORNEA OF SAID PLAT; THENCE S.00'04'59'E., ALONG THE EAST LINE OF THE AFOREMENTIONED TRACT 13, A DISTANCE OF 271.00 FEET; THENCE N.89'02'05'W., ALONG A LINE 60.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES 70) AND PARALLEL WITH THE SOUTH LINE OF AFORESAID SECTION 11, A DISTANCE OF 313.66 FEET TO A POINT LYING ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS BEARS N.42'58'49'W.; THENCE SOUTHERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 43'56'440, A DISTANCE OF 2.18 FEET TO THE POINT OF TANGENCY, SAID POINT ALSO LYING ON THE NORTH LINE OF A 105.00 FOOT RIGHT -OF -MAY (O.R. BOOK 4509, PAGES 7 AND 8) KNOWN AS COMMERCIAL BOULEVARD; THENCE N.89'02'050N.,ALONG SAID NORTH LINE, A DISTANCE OF 323.86 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND CONTAINING 4.037 ACRES, MORE OR LESS. Location -1 9AJLN Y ROAD rMS W SITE a g ` W i m N w 57 sT > a COYAAERCIAL BLVD 0 a INVERRAgy f vi rN. p • iO s z W o z c x 3 z X O _ a SECTION 11-49-41 NO SCALE The Fountains Corporate Center • • •