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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 ENGDNB$MG DrMOH + SHEET 1 OF 1 �, E sr S B-Plaza Project- Blanket Public Safety Ingress/Egress Easement TR# 10699 S❑U�THGATE BLVD w W w 85 T DON CHEVRON SOUTHGATE GARDENS SOUTHGATE APTS CARTER'S 84 ST 84 RA ST- .. W w n w TARGET 83 ST W W W (V W W AMOCO ^ O— fR51 W W W BANK N�AMER. Q ASSIA , CASSIA), w 82 ST w LLI 7 Q a a MISSION LAKES 82 CT SUNFLOWER 7R53L NT > w �� M a 81 PL \ SCENSJ1 n 81 CT 0i ^ 81 STB1 ST> 80 CT 8o CTR54Wv;4 80 St �80W W QCIR Q ^ VTjR5�5�;•?9 ST HE THG E �TR56 y�^ 78 CT0r179 ST AVALON ^ ES AN S C. 3 E 78 TPL 78 CT OD r- TAMARAC ELCM SCHOOL SITE.LOCATION .SITE. 81 PL 81 CT Q. 7`1 ST ^ ~ v! Lo ^ n o 78 ST 78 ST ~ 78 ST PIR D ®w—■ "AVA" DM. B- PLAZA OFFICE BUILDING Dftu. ft 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 • _ FN/0 (PCP) x HICCINS'--DAVI & ASSOCIATBS LAND SURVPYINC (LB 7109) b a 1721 NORTH STATE ROAD 7 MARGATE, FLORIDA TEL, (954) 971-0540 FAX (954) 971-5980 SKETCH OF BOUNDARY SURVEY DESCRIPTION: CATCH BASIN RIH ELEV.- +10.35' 7, LOT 8 & 9 LESS THE WEST 40 FEET THEREOF, N INV +5,35, (NV) (18' PCPE 3G aLOCK 11, LYON$ COA�AIERC(AI SUBDIVISION to INV +5.55' (SE) (12' PIPE) NO. 3, ACCORDING TO THE PLAT THEREOF A " RECORDED IN PLAT BOOK 76, PACE 31, CF HE PUBLIC RECORDS OF BROWARD COUNTY, FL6RIDA. FIRE GATE HYDRANT VALVE CATCH BASIN o RIM ELEV,s +10.15' INV +5.05' (E) CATCH BASIN (Id PIPE) CATCH BASIN RIM ELEV.- +10.35' 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' C}33 INV +5,53' (E) LOT 7 BLOCd 11 INV +5,35' (V) RB "RIG <ueo (12' PIPE) L. 7109 , ASPTy,IT ASPHALT z �I Q M1I U'Y N BUY A' lT � it � o6 w y Ij .ELL SDIIIN �y A� i pv °A �I I [F I W I 5 .J e) V1 I 4' DR.AvreE usEvewr X B8"s7't�" l l6J.00' I r I To, n•> NO ID i I I M i " y F 4 a 1 � Ii / _ Saar - � __�- — •�— ,SIR/C (IlP') h SIRiC L. 7109 s aav�i�" II .�.�� I Ll 7149 ND N to ASPHALT ASPHALT +, ASPHALT tff 1n DZOC'd II CATCI' BffeASIN CATCH BASIN 4 RIM ELEV, +11, I INV +�8.10' <s) RIM ELEV- +11.59 INV +7.23' cs) (i8' PIPE) N.V. BEM TTRC[t INV +9.03 IN) 1 (10, PIPE) StIR1'L1'ORS ROTE5jI L (1) ELCVATIONS SHOWHI HEREON ARE BASED ON N.C.V.O. • � (7) THE LANDS SHOWNINEREON WERE NOT ABSTRACTED FOR 3 OWNERSHIP, RIGHTS,}}#}{y�0r-PAY, V�SCWCN15. RCSCRVATKONS OR OTHER SI1aL+RMATTERED RECORD. I (J) FURN SHEp BY TjTCUEHT 0 HEREON WAS AND lH7 PROPERTY WAS i LEGEND 7 SIR/C SET IRON ROD AND CAP LB 1109 (1/7') � SURYCY'EO AS SUCFFFFFIIIIII. (4) UNLESS OMEMWSEj NOTED- O(1/ENLONS SHOWN ARE — d CONC CONCRETE RECORD AND �LFAS ED. 7 � • - C"N LINK FENCE -•'- WOOD FENCE ($) THIS $LRAY K PREPARED FOR THE EXCLUSIVE USE OF R Flft FOUND IRON ROD THE PAMCS R Is CERTIFIED TO AND SHALL NOT BE RELIED FIP FO(RID IRON PIPE UPON BY OTHER MNODAL OR ENfIiY. FIR/C FOUND IRON ROD AND CAP ' 9... " ) FOUND NAIL AND DISK M OCARRUCS SHOWN REON ARE BASED ON THE WEST LR1E P.B, PLAT BODK OF D+IS PLATS 17'1a* E AS RECORDED W PLAT BOOK 70 .-. 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 ---- _- -.-._ tidAR �!� rr�vr u rrr o.nu •ccei SCALE: I" - 40 FILE NAME: LC58,9-11