HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-133Temp. Reso. #10739
June 3, 2005
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-_La3
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 SANTA MONICA TOWNHOMES, INC.,
FOR THE SANTA MONICA TOWNHOMES PROJECT,
LOCATED ON SOUTHGATE BOULEVARD EAST OF
SANIBEL 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
DATE.
WHEREAS, Santa Monica Townhomes, Inc., is the owner of the Santa Monica
Townhomes Project located on Southgate Boulevard East of Sanibel 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, Santa Monica Townhomes, Inc., has offered a Blanket Public Safety
Ingress/Egress Easement to the City of Tamarac for the Santa Monica Townhomes
Project; and
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Temp. Reso. #10739
June 3, 2005
Page 2
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 Santa
Monica Townhomes, Inc., be approved and executed for the Santa Monica Townhomes
Project; and
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 Santa Monica Townhomes, Inc., for
the Santa Monica Townhomes 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 Santa Monica Townhomes, Inc., for the Santa Monica
Townhomes Project located on Southgate Boulevard East of Sanibel 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.
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Temp. Reso. #10739
June 3, 2005
Page 3
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.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 13 day of J v q , 2005.
ATTEST:
MARION SWENS N, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
tv4SUEL�S . GOREN
INTERIM CITY ATTORNEY
JED/ejw
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
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Exhibit 2 TR#10739
TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: Santa Monica Townhomes
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
I3fh day of JOIS1 2005 , by Santa Monica Towihomes, T.nc.
having an address of 7975 NW 154th St.- Suite 400
Miami Lakes, FL 33016 .. , (the "Grantor"), and the
City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest
$$th 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 One 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
44 Townhouses 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.
Type Name A MAN. n.1 1 !A Q ce C
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
wl.l— : SS
COUNTY OF 1
(GRANTOR) Santa Monica Townhomes, Inc.
Type Name Silvio Cardoso, President
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State of resaid and in t e County aforesaid to take acknowledgments, personally
appeared lto me known tq be the person(s)
described in and who executed Rie foregoing instrument and acknowledged
before me and under oath th # executed the same.
WITNESS my hand and official seal this I day of ,
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LILLY M. PERFZ p
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�,„rA'r Comm#D0028440 TA UBI-1 , State of Florida
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a`r Florida Notary Assn., Inc
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(Name of Notary Public: Print, Stamp,
or type as Commissioned)
) Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( ) 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:
4arion -Swenson, C C
pity Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANT E
B '
v:
Jop"Oehreiber
Mayor
D te:I�ILt�C
B
Jeffrey L. ille
City Manager
Date:
Approved as to form:
By. p
JLjL1
muel Goren,
Interim City Attorney
COUNTY OF rpW :
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Jhrelbe(nncl�,�� PuL/Vlii-Mo- me known to be the person(s) described in and
who executed the foregoing Instrument and. q acknowledged before me and
under oath that _ erl executed the same. .J
SS
20D WITNESS my hand and official seal this 1 _ day of ,
,,.
( ',Personally known to me, or
( ) Produced identification
IA. d tMjWa=_ -
NOT RY PUBLIC ,
UBL C, State of Florida
at Large
r. Marion Serphos
My Commission DD260279
EXp ires octvber 24, 2007
"f or rv�
(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
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
By: 4-Z-c�-►�
Type Name MIRTHA MURIAS
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY 0F1. A14i �A08 :
MORTJGAG€-E� Commerce National
ssocia
By:
Type Name JOSE E. DUARTE
VICE --President
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid,,n
„d in he County aforesaid to take acknowledgments, personally
appeared JOSS 04 PIX _ to me known to be the person(s)
described in and who executed the oregoing instrument and-� acknowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this 2 3 day of
20 VS.
( ) Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large
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(Name of Notary Public: Print, Stamp,
or type as Commissioned)
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MYCOMMISSIO,N m DD050786 EXPIRES
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Type off. -I . PrMmaOyrAININSURANCE,INC
( ) DID take an oath, or( ) DID NOT take an oath.
981208 5 Blanket Public Safety Ingress/Egress Easement
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