HomeMy WebLinkAboutCity 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
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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.
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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
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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.
C
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