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Home My WebLink AboutCity of Tamarac Resolution R-2005-194Temp. Reso. #10820 Sept.22, 2005 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-i 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 LENNAR HOMES, INC., FOR THE CYPRESS WALK PROJECT, LOCATED ON THE SE CORNER OF MCNAB ROAD & PINE 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, Lennar Homes, Inc., is the owner of the Cypress Walk Project located on the SE corner of McNab Road & Pine 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, Lennar Homes, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Cypress Walk Project; and 1 Temp. Reso. #10820 Sept.22, 2005 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 Lennar Homes, Inc., be approved and executed for the Cypress Walk 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 Lennar Homes, Inc., for the Cypress Walk 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 Lennar Homes, Inc., for the Cypress Walk Project located on the SE corner of McNab Road & Pine 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. I I I Temp. Reso. #10820 Sept.22, 2005 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 ofocfy b t-Y,2005. ATTEST: -SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this IJED/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 Jrob No. 10820 CITY OF TAMARAC QScaZe. N.T.S N PUBUC TOFM DEPANTUMT ENGnCOMING DriMON SHEET 1 OF 1 W4.. E s BLANKET PUBLIC SAFETY INGRESS / EGRESS EASEMENT TR#10820 .0 AL PALM ep -PAL T CIR 7 AL 67 _SF SIL T gr 73 C7, C.r C.r Cr WOODMONT 4 sl tj PAL Cr GREENS TR70 ui C. A -2 MUNIC 7 -0 ddgPrL:E:X' IENVIR ri E: Cyp ts TR69 w ll� 73 ST 0 JJA TR 8 7- WOOD I 72 K nOM le s A PLAZA TR71 �4- 72 ST C PRESS A Ob TAMARAC 7, W DMONT 7213 SQUARE C'& CIP WEST CT 70 PL 10 T R 1 -1 TR72A P4I_APPl > of c 70 ST 0 L) >_ cu 70 ST 70 z Li z lu-i L'j 9 a:61 > v > E If ST O!i 510, 02 IZ4 Q 0 IM CD �C -J I , TEXACO E3,1,w w � A 0 LJ 0 a. I'- L, w wt! C L6 L) L) L) 0 0 le MCNAB ROAD WA_ ICNAB. RE41J 61 LIME THE GREENS * + * * * A BAY OF TAMARAC fLANb LXKE9* 0 II SEC. I s C ION COL. W. SANDS POINT CLUB HOUSE Cl 2 LC RAL w w LMS* * w "T OLF * * CA V LLAS * * F_ v cl) 4 s ROKEST APTS. L F_ Ld C3 cr WEDGES 3 30i R LAND S EC. 9 _N 83MONS CYPRESS WALK a" DEW 604�w EXHIBIT I aff OF TAMARAC. BROWAM COUNTY. FLWDA im L PL FL MM UM SM 9. TWP. 49. ROL 41 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: CYPRESS WALK (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of QCfz))2e 2005, by LENNAR HOMES, INC. having an address of 730 NW 107 TH AVENUE, SUITE 400, MIAMI, FL 33172., (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88 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 ($1.00) 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 36 SINGLE FAMILY 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. M- Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF I )ndt (GRANTOR) Lennar Homes, Inc. By: e- yp ame Rey Melendi, Vice President I HEREBY CERTIFY aait'ornipthis ay, before me, an Officer duly authorized in the State aforesaid and in re County aforesaid to take acknowledgments, personally appeared Rcbsrtt'p=br to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this day of 2005. "O'Vo %, B. TULLY My COMMISSION 4 DID 206602 EXPIRES: AP6129,2007 sor" T1,u Nowry PtA* Undgroders l5ersonally known to me, or ( ) Produced Identification NOTARY PUBLIC, Stale of Florida at Large (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 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", CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Ae Joe*hreiber Ma�yor D gp By: Jeffrey L. Wer' City Manager Date: Approved/a§(to BY: Samol S. I Interitn City COUNTYOF1;m oreL: %I-,' - 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 JoeSchreiber+JeHAs4j.,M6ry to me known to be the person(s) described in and who executed the foreboing instrument and lheL4 acknowledged before me and under oath that ihc&4 executed the same. 4 SS WITNESS my hand and official seal this Igth dayof QCjMj2cj-'- 2006 . (V/) Personally known to me, or ( ) Produced identification -M NO-1d, RY PUBLIC, State lof Florida at Large VTMWW avow MY Ow4num DD2@QM 4V Expkes OdDbW 24,2W (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced DID take an oath, or ( v�DID NOT take an oath 981208 4 Blanket Public Safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE 1, 4-q do hereby affirm that I am the V'D of P //�/v and that I have ex lanket e uted a B Public Safety Ingress/Lgress-Easement with the City of Tamarac for wai &� project and that I am the owner of the pro�drty 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 AFFIANT SAYETH NOT. V (Signature) is day of 200_ STATE OF FLORIDA COUNTY OF Z)ah - : SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afo��said and in the quirity aforesaid to take acknowledgments, personally appeared 0ZLL12 d � to me known to be the person(s) described in and �vho executed thqforegoing instrument and --4- acknowledged before me and under oath that Ile- executed the same. . WITNESS my hand and official seal this ZI day of 2 0 0,5_. B. TULLY MISSION # DD 206602 EXPI : Pr' My COMFIES A '129 2001 E'48ondW Thru OWq pubk UrKlemthers L4"Personally known to me, or ( ) Produced Identification -1/ NOTARY PUBLIC, Stat6 of Florida at Large 2� - (Name of Notary Pilblic: 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 LEGAL DESCRIPTION: EXHIBIT A A portion pf Parcel "R", WOODLAND LAKES, according to the Plot thereof, as recorded in Plot Book 71, Page 18, of the Public Records of Broword County, Florida; described as follows; Commencing at the Southwest corner of said Parcel "R"; thence South 89001'50" East, along the South line of said Parcel "R" and a South line of that Right-of-way for Northwest 88th Avenue (Pine Island Road) and McNob Road described in Official Record Book 10155, Page 107, of the Public Records of Broward County, Florida, a distance of 7.21 feet to the East Line, a distance of 157.62 feet to the Point of Beginning; thence North 00'01'37" West along said East line, a distance of 40.00 feet; thence North 89058'23" East, a distance of 83.50 feet; thence South 61'45'28" East, a distance of 42,58 feet; thence North 89058'23" East, a distance of 220.00 feet; thence North 00001'37" West, a distance of 309.98 feet to a South line of said Right-of-Woy, thence North 89'32'14" East along said South line, a distance of 34.04 feet; thence South 83'45'20" East, a distance of 96.49 feet; thence North 89020'07 East, a distance of 99.71 feet; thence South 89*01'31" East, a distance of 130.12 feet to a point on the arc of a non -tangent curve concave to the Southeast having a rod al bearing of North 61'59'25" West; thence Northeasterly along the arc of said curve having a radius of '-12.00 feet, a delta of 38'40'55", and on arc distance of 14.85 feet to a South lin of Right -of -Way; thence South 89001'50" East along said South line, a di ice of 139.37 feet to the West line of the parcel of land described in Official Rbft,6?-d Book 16260, Page 805, of the Public Records of Broward County, Florida; thence South 00'58'10" West along said West line, a distance of 294.23 feet to the Southwest corner of said parcel of land described in Official Record Book 16260, Page 805, of the Public Records of Broward County, Florida; thence South 85*25'11" West, a distance of 539.13 feet; thence South 89058'23" West, a distance of 189.00 feet to the point of Curvature of a curve concave to the Northeast; thence Northeasterly along the arc of said curve having a radius of 90.00 feet, a delta of 26'30'04" and on arc of 41.63 feet to the Point of Tongency; thence North 63031'33" West, a distance of 21.10 feet to the Point of Curvature of a curve concave to the South; thence Westerly, along the arc of said curve having a radius of 54.61 feet, a delta of 67*34'34'* and an arc distance of 64.41 feet to the Point of Beginning. 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