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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-133Temp. Reso. #10739 June 3, 2005 Page 1 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 1 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. 1 1 1 L 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 DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO Ade- DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS_ TA Job No. N PF CITY OF TAMARAC u U Scale: N.T.S , „•,,;, NK NS PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION R, SHEET 1 OF 1 W E sw Sr S ,BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT TR#1 ®I39 C14/CYPRESS CREEK CANAL Si E L c TION SOUTHGATE BLVD. S❑UT 83 ST 83 ST 83 Y > >> w SPRING AKE / ¢ > till 00 a � � SANIBEL .n o w <� % 81 ST a W81 ST p2 oti P u o a 'TWO = -" �¢ u 7� r WE D 6 o 0~ dN j o 80 CT SE TI❑N 4 lF�f a w 9 ii ' TR6 �,^� w 4, �Gi TR12 �gp Sr s TR y• . 80„ a X EXETE 0 tyt U WEST 4,4�i C�� tir RArtiLr �r ' z l.J vi U AXE tE �vX� �.v, R BLVb m N < VESt �X t� BL �0 !p LOMBARDY V Li tio� TR13-A �T '�'gq P Li w 3 r rTR3 O� rn EXETER _ 1 -i 06 C❑NC TRENT EAST 'r� �• ST ANDREWS CATALIN c LAKES CL w m TR14C % V � A R13Li SANDm > SAND IPER LAND SEC, RpCKF❑RD77 HT ❑US A 6 TR28 w z IDDL ~ GRANVILLE GOLF o F TR15B SEDGEFIELD y//! r F�❑R s ❑M�r z TR16 v 27 7 St ca TR15A 4 EVANGELICAL,16 I p COVENANT i Q A TR33 CHURCH CL A z KINGS PT. ¢ j ] Q J PROF. PLAZA 3 o > w w m � KINGS POINT A SALES CENTER 7 m & CLUB HOUSE REVISIONS D..qn Dif �.,.., �. a/s�cs SANTA MONICA TOWNHOMES EXHIBIT 1 CM OF TAUVAC. swwum coum. name sm. A. r". 1Y. poc 41 Na p.a Mm.h e "' �" `.'• °"'` " App.awd 8K' Doi.. .10lMI E J P.I. 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 , zoo. rnrururr...►....ur+nnrrgr.wr� / LILLY M. PERFZ p 42"p--- �,„rA'r Comm#D0028440 TA UBI-1 , State of Florida L? `F+�=' Expires 2/1/2008 � j Bonded thru (800)432-4254.* at Large a`r Florida Notary Assn., Inc n.rr.....0................................i (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 l� 44- 6 �pGC?2 2 0 (Name of Notary Public: Print, Stamp, or type as Commissioned) Dulce 5ocorro MYCOMMISSIO,N m DD050786 EXPIRES �a. "Pr l.ie'f[rFu.�i.f 'snipe Type off. -I . PrMmaOyrAININSURANCE,INC ( ) DID take an oath, or( ) DID NOT take an oath. 981208 5 Blanket Public Safety Ingress/Egress Easement M n CD 4k x h SO g• 3� �s r R P P R r r r r P P P r r r r r r r ftrRvvRPPrrrvRPPPPPrrr v �rr�PrtedPi[rrrrr�rtrr r yy -aAJi+.�r.•rrrrerarrA 9 gilt _ < n -Z O r00 a z m U z cn + a *•.� F. --- / � �,�� — O '� Fe 1 aY •` F O •o. a, ci Q ki qb 'b` • b � '• 1 � Y I i � Ib zo \ � 4 i S rtr ............................ TY i_ rw rs i i fyYl aaa e�I ggeaYeFaag$jge(�a'i a III its 0 � o� .S'7YxSPit .w�.S..�eyw.3=RL^_ ___-___ ;__=V%-'...-=R�Y�: w _ .. ______________ - •�•• _ ...e_...