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Home My WebLink AboutCity 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 11 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. 1 1 1 1 Temp. Reso. #10742 June 6, 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 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 Fe , Scale: N.T.S Ry n SHEET 1 OF 1 11 BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT TR#10742 WATER CIAK C ij W W w W v w ARCGA w w w * w DNf w w W w w A y w w p A4M W w r= � 55 Z SEC, w Lf(r w w W r /�pY W w w w W Al l� � W HICKOR O W U W W W yv w1{IYl w w w wNrre w w w{ C`j,yMw rje• CIR 4Ak w w w w W w w W w �P, 4 LLAw Y^ r�R * `'p w w W y�I w *DA� W ti PAC P� �► C� 53 LL w W �• �, v � w W w Z W w �9AR w �q y w a w w p W w M C + W I w w f w . 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V�) STARD GQLF COURSE ION W W w w w w W w w V• W W w W W y w �•� W w w W w w w w * v W w w + v w W w w i WAX MYRTLE CIR 44 ST LAUDERHILL 44 ST 'k",\SITE LOCATION ov °"""'V °"` v"` WOODLAND TOWNHOMES 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 j LAND E"ON SAM+ i PA 169, M. 20. 6.C.R P- aua ••c �A ■i4 It 3 Oa .y •w .,, '�. ei � I � � a 3 as j A 9 pM qy % n °' I 0, z I Q4 ro O� O 01. O soo•5rso-s .»ao II fn �4 � o i z p o n � 0 Qe1■tie• r o� �a o-0 C) / A t / f C R* j __ o e '�■�"a- f'l�' °Rgd�pla rFAAxIa 2 n Z s i�X r r.i �r of I �M��E� ��99'�• �7Zka��`� �� C A "� i �• e� tp q pp a $x Ix��fi� .` IxiFF�p !a 9Is x r1j Cr H- rt J