HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-106Temp. Reso. #10699
April 28, 2005
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS
EASEMENT WITH AB1 CORP., FOR THE B-PLAZA
PROJECT, LOCATED AT 8050 UNIVERSITY DRIVE, TO
PROVIDE PROPER ACCESS TO THE PROPERTY FOR
MUNICIPAL SERVICES SUCH AS UTILITY, CANAL, FIRE
AND POLICE PROTECTION, EMERGENCY AND OTHER
PUBLIC SAFETY SERVICES; AUTHORIZING AND
DIRECTING THE CITY CLERK TO RECORD SAID
DOCUMENT IN THE PUBLIC RECORDS OF BROWARD
COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
WHEREAS, AB1 Corp., is the owner of the B-Plaza Project located at 8050 N
University Drive (a copy of which is attached hereto in map form as "Exhibit 1 "); and
WHEREAS, a Blanket Public Safety Ingress/Egress Easement is required by City
Code Section 24-580 (1)(3)(a), to provide proper access to private property for municipal
services; and
WHEREAS, AB1 Corp., has offered a Blanket Public Safety Ingress/Egress
Easement to the City of Tamarac for the B-Plaza Project; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with AB1
Corp., be approved and executed for the B-Plaza Project; and
Temp. Reso. #10699
April 28, 2005
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 accept and execute
a Blanket Public Safety Ingress/Egress Easement with AB1 Corp., forthe B-Plaza Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
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: The appropriate City Officials are hereby authorized to accept
and execute a Blanket Public Safety Ingress/Egress Easement (a copy of which is
attached hereto as "Exhibit 2") with AB1 Corp., for the B-Plaza Project located at 8050
University Drive.
SECTION 3: 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hereby repealed to the extent of such conflict.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.
Temp. Reso. #10699
April 28, 2005
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 9,,2nd day of _ _tin e 2005.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
Z"Zle I /,,a
SAMUEL S. GOREN
INTERIM CITY ATTORNEY
JED/EW
11
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
Job No.
CITY OF TAMARAC Scale. N.r.s N
PUBLIC 1 OMM DEPARTAMiT r
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B-Plaza Project- Blanket Public Safety Ingress/Egress Easement
TR# 10699
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0,,,„„V Ad,„ EXHIBIT 1
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
'" JOHI. ... �.PE SEC. 3, TWP. 49, RGE. 41
Exhibit 2
TR#10699
TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: B-Plaza
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
day of $2005 by AB1 Corp. having an address of 8050 N. University Drive
Tamarac, FL 33321 (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 ten Dollar ($10.00) 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.
981208 1 Blanket Public Safety Ingress/Egress Easement
It is acknowledged that Grantor, or its successors, intends to construct an Office
Building and other improvements upon the above -described property, and nothing
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.
981208 2 Blanket Public Safety Ingress/Egress Easement
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
BY L
" � r
II
Type Name h� r.7'X,
Corporate Secretary
CMUNNIATM AM AMA am no
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF
(GRANTOR) M CO
By:
Type Name AYoh o o )r, yi u L-i
President
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the Co}{Rty aforesaid to take acknowledgments, personally
appeared O"Xvm ..�- Gh1 l �&n to me known to be th person(s)
described in and who executed the foregoing instrument and be
before me and under oath that executed the same.
WITNESS my hand and official seal this bZ- day off ,
2004
P, 6
P1
P S YO — 74Y
��•� ? 'P��.Wa E. Reiser
,, t Commission # DD234524
0
Erpim Ang. 14, 2007
>r �o Bonded Thm
'�%•° ..�•� Admit bondtaS Ca., I=
( ) Personally known to me, or
( ) Produced Identification
NOTARY PUBtfC, State of Florid
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
s� �6,0
Type of I.D. Produced
( ) DID take an oath, or X(-I-'DID NOT take an oath.
981208 3 Blanket Public Safety Ingress/Egress Easement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
By:
_Marion Swenson, 6MC
- City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
i By:
J chreiber
ayor
Date-: Ju-e- as , '9'o s
444
Jeffrey L. iller
City Manager
Date: jjj3e_ 2U, Z d CAS'
Approved as t r
By:
Samuel S. Goren,
SS Interim City Attorney
COUNTY OF 6j0 war,
HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the C unty aforesaid to take acknowledgments, personally appeared
JOecSCkret ba to me known to be the person(s) described in and
who executed the foregoing instrument and titsi acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this 19, day of dc,ne ,
20S.
(✓) Personally known to me, or
( ) Produced identification
NO RY PUB IC, State of Florida
at Large
zl P Marion Serphos
Il
My Commission DD260279
Vor V Expires October 24, 2007
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (✓) DID NOT take an oath
981208 4 Blanket Public Safety Ingress/Egress Easement
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I, Ayasiv, do hereby affirm that I am the Cpef ►�e - .
of _A . a -A cu-c__. and that I have executed a Blanket
Public Safety Ingr ss/Egress Easement with the City of Tamarac for a-- PIAZA
project and that I am the owner of the property covered by
said Blanket Public Safety Ingress/Egress Easement.
There are no mortgages held on the property, which is the subject of said Blanket
Public Safety Ingress/Egress Easement.
FURTHER AFFIA SA YET NOT.
(`
(Sig
This 02-day of , 20_C11.
STATE OF FLORIDA
SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid an� in the County aforesaid to take acknowledgments, personally
appeared to me known to the person(s)
described in and who executed the foregoing instrument and cknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this 02- day of
20Q:
�,ar py•,,, Lisa E. Reiser
? Commission * DD234524
Expim Aug. 14, 2007
Bonded Thm
Attlnde B02diaj co., W.
( ) Personally known to me, or
(Produced Identification
NOTARY KJBLIC, State of F i a
at Large
L—i S'c3 G � � e-i S c-,K
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( DID NOT take an oath.
981208 5 Blanket Public Safety Ingress/Egress Easement
BLOCK CORNER
Exhibit A TR#10699
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HICCINS'--DAVI & ASSOCIATBS
LAND SURVPYINC
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1721 NORTH STATE ROAD 7 MARGATE, FLORIDA
TEL, (954) 971-0540 FAX (954) 971-5980
SKETCH OF BOUNDARY SURVEY
DESCRIPTION:
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RIH ELEV.- +10.35'
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RECORDED IN PLAT BOOK 76, PACE 31, CF HE
PUBLIC RECORDS OF BROWARD COUNTY, FL6RIDA.
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RIM ELEV = +10.15' INV +7,85' IN) (9' PIPE)
INV 45.6' (E) INV +6.15 (V) (12' PIPE)
INV +5.4'(V)
CATCH BASIN 02' PIPE)
RIM ELEV,•-10,40'
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($) THIS $LRAY K PREPARED
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CERTIFIED TO AND SHALL NOT BE RELIED
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UPON BY OTHER
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FIR/C FOUND IRON ROD AND CAP
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" ) FOUND NAIL AND DISK
M OCARRUCS SHOWN
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P.B, PLAT BODK
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17'1a* E AS RECORDED W PLAT BOOK 70
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LDC•1161 SKCipi N. i.T.
B.C.R. BROWARD COUNTY RECORDS
PACE Jt, OF THE
BLK: RECORDS OF BROWARO COLN FJORNDA
SN/T SET NAIL AND TAB
+; l A 4' EVSTINC ELEVATION
PROJECT NO. 210063 SEAL SIGNED--a-u44, �> DATE
SIGNED GATE_
SHEET 1 OF 1 ;s .�..n� NO MARK A. HIGCINS �15549
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SCALE: I" - 40
FILE NAME: LC58,9-11