HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-148Temp. Reso. #10742
June 6, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-JL�S
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 WOODLAND TOWNHOMES, INC., FOR
THE WOODLAND TOWNHOMES PROJECT, LOCATED ON
44T" STREET WEST OF ROCK ISLAND ROAD, 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, Woodland Townhomes, Inc., is the owner of the Woodland Townhomes
Project located on 44t" Street West of Rock Island Road (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, Woodland Townhomes, Inc., has offered a Blanket Public Safety
Ingress/Egress Easement to the City of Tamarac for the Woodland Townhomes Project;
and
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Temp. Reso. #10742
June 6, 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 Woodland
Townhomes, Inc., be approved and executed for the Woodland 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 Woodland Townhomes, Inc., for
the Woodland 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 Woodland Townhomes, Inc., for the Woodland
Townhomes Project located on 44t" Street West of Rock Island Road.
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. #10742
June 6, 2005
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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 day of , 2005.
/_1I1119*1 i
MARION SWEN ON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SA EL S. OREN
INTERIM CITY ATTORNEY
JED/ejw
/ JOE SCHREIBER
-'` MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1:
COMM. PORTNER _
DIST 2:
V/M TALABISCO _
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
E:
CITY OF TAMARAC
PUBLIC WOM DEPARTMENT
ENGINEERING DIVISION
ow rq Temp. Reso. No. Y 0508
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BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT
TR#10742
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EXHIBIT 7
Aid AF AMOK CITY OF TAMARAC, BROWARD COUNTY. FLORIDA
SEC. 14. TWP. 49, ROE. 41
Exhibit 2 TR#10742
TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: Woodland Townhomes
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
a day of , 2005, by Woodland-Tow-nhomes, Inc.
having an address of 7975 NW 1541" St.- Suite 400
Miami Lakes FL 33016 , (the "Grantor"), and the
City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest
88t" 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
30 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 gyN� nv Ee S
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF
(GRANTOR) Woodland Townhomes, Inc.
Type Name Silvio Cardoso, President
President
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 ILAG 0&0 to me known t be the person(s)
described in a iddwwho executed the foregoing instrument andm acknowledged
before me and under oath that execute he same.
WITNESS my hand and official seal this I`' day of
2pC$1�.
LILLY M. PEREZ
o vv1% Comm#DD02N &14
P
CA Expinn 2/1/2008
" Bonded tlxu (800)432 425M1:
%.�...�. Florida Notary Assn., Inc
5.......•....................................
(fir ) Personally known to me, or
( ) Produced Identification
TA PUBLIC &ate of Florida
at TA
L-I Ik4 pu-p,�
(Name 6f Notary Public: Print, Stamp,
or type as Commissioned)
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:.
By: _ -
lidarion- Swenson, CIVIC
-Q�4-Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
-0.
By: - -�
Jo chreiber
Mayor
Date:
JeffreyL/Millef
City Manager
Date: 1 I al
Approved as to form:
By: os
amuel G ren,
Interim City Attorney
COUNTY OF r
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in th aunty aforesaid to take acknowledgments, personally appeared
�e&qLmik(to me known to be the person(s) described in and
who executed the fore goin instrument and acknowledged before me and
under oath that �_ executed the same.
WITNESS my hand and official seal this day of Julw,
2005'.
SS
Personally known to me, or
) Produced identification
I V 1 . Q'I -( A ,Q xy-)
NOTARY PUBLIC, State of Florida
at Lar,qee Ma{;�n ggrphos
. My Comm,ssion DD260279
0; 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
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST -
By:
A�� �-
Type Name MIRTHA MURIAS
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF �:
MORTGAGEE Comme ank National
Assoc�a�
By: i..
Type Name
VICEPresident
JOSE E. DUARTE
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 �ns2 E � JAP—k , to me known to be the person(s)
described in and who executed thg1oregoing instrument and �kR knowledged
before me and under oath that executed the same.
WITNESS my hand and official seal this 'Z 3 day of ,
20 DS'.
(, Personally known to me, or
( ) Produced Identification
�' -11 9"f . j0"1A1X1Z)--
NOTARY PUB , State of Florida
at Large
%J11G� E 6c-�Wlleeo
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
.... Duke Socorro
,i MY COMMISSION /f DD050186 EXPIRES
:o October 24 2005
%.Y i.._..;. 4' nnuncn rum I Torn FAIN INSURANCE INC
Tyl5d`bf I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
981208 5 Blanket Public Safety Ingress/Egress Easement
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