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Home My WebLink AboutCity of Tamarac Resolution R-2018-057Temp. Reso. #13104 May 8, 2018 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018 z 7 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 TAMARAC MCNAB SELF STORAGE, LLC, FOR THE SAFE & SECURE SELF STORAGE PROJECT, LOCATED BETWEEN 8215 AND 8301 WEST MCNAB 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, Tamarac McNab Self Storage, LLC, is the owner of the Safe & Secure Self Storage Project located between 8215 and 8301 West McNab 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, Tamarac McNab Self Storage, LLC has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Safe & Secure Self Storage Project; and Temp. Reso. #13104 May 8, 2018 2 WHEREAS, it is the recommendation of the Director of Public Services that the Blanket Public Safety Ingress/Egress Easement with Tamarac McNab Self Storage, LLC, be approved and executed for the Safe & Secure Self Storage 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 Tamarac McNab Self Storage, LLC, for the Safe & Secure Self Storage 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 Tamarac McNab Self Storage, LLC, for the Safe & Secure Self Storage Project located between 8215 and 8301 West McNab 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 Temp. Reso. #13104 May 8, 2018 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 ,2018. 7 HARRY DR S LER, MAYOR ATTEST: 'PATRICIA TEUFEL, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER L .✓ DIST 1: COMM. BOLTON DIST 2: WM GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM rI h4UEE S. GOREN TY ATTORNEY Design By: EJW Created By: EJW Checked By: Approved By: CITY OF TAMARAC BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT Date: 5/3/2018 Date: 5/3/2018 Date: EJW Date: TR#13104 SAFE & SECURE SELF STORAGE Exhibit 1 City of Tamarac, Broward County, Florida Sec. 4, TW R 49, RG E 41 Exhibit 2 TR#13104 TAMARAC PUBLIC SERVICES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: SAFE & SECURE SELF -STORAGE AT TAMARAC (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this -`t oday of r' 2018 , by TAMARAC MCNAB SELF STORAGE, LLC having an address of 101 PUGLIESE'S WAY 2ND FLOOR, DELRAY BEACH, FL 33444 , (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88th 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 981208 1 Blanket Public Safety Ingress/Egress Easement such as services to existing utilities, maintenance to existing canals, fire protection, police protection, emergency and other public safety services. It is acknowledged that Grantor, or its successors, intends to construct SELF - STORAGE FACILITY 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. n 1 J LLC Witness Type Name 6,C) "Jr. Witness Type Name LA-0, dy STATE OF FLORIDA SS COUNTY OF PALM BEACH (GRANTOR) TAMARAC MCNAB SELF STORAGE, Type Name/Title lot't��le LAURA K PUGLIESE Type Name/Title MANAGER 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 LAURA K PUGLIESE to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that 5k e— executed the same. WITNESS my hand and official seal this 2.W— day of A j2r + , 20_d. DOUG MAREK �w Noiary Public state of Florida NOTARY PUBLIC, State of Florida o My Comm. Expires Aug 15, 2018 at Large Commission # FF 135840 (Name of Notary Public: Print, Stamp, or type as Commissioned) ( '-L) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or (A) 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: AMA�,��''i �'�� • 44,G ,, �a Cc� ATTEST: /0 11 1 1 1 t t `` By: Patricia Teufel, CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY Cl Y OF TAMARAC GRANTEE 'f r' By: Harry Dressler Mayor Manager, " F --- City Date: • i Approved ,s to form: B\X--il amuel S`. Goren, COUNTY OF 60A)'Ag: � SS City Attorney : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County of ore to take acknowledgments, personally appeared O�t�L►,c. C. Cr�i to me knowj� to be the person(s) described in and who executed the foregoing instrument and i'fe, acknowledged before me and under oath that _ 1� executed the same. 20/ WITNESS my hand and official seal this day of , lyP,, TINA M. W tale of NOTARY PUBLIC, State of Florida Notary Public •State of Flo]Assn.. . „ . • My Comm. Expires Aug 6, 2at Large commission # FF 13587 Bonded Through National Notary `— () Personally known to me, ( ) Produced identification ( ) DID take an oath, or (>6) (Name of Notary Public: Print, Sta p, or or Type as missioned) Type of I.D. Produced DID NOT take an oath 981208 4 Blanket Public Safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE the I, LAURA K PUGLIESE do hereby affirm that I am MANAGER of TAMARAC MCNAB SELF STORAGE, LLC and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for SAFE & SECURE SELF STORAGE AT TAMARAC project and that I am the owner of the property 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 AFFIANNT SAYETH NOT. Z, 4�o�_u k. —PO (Signature) This �4 day of , 201 STATE OF FLORIDA SS COUNTY OF PALM BEACH 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 LAUAR K PUGLIESE to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that a lecuted the same. WITNESS my hand and official seal this 2,4' day of 20�. DOUG MAREK " Notary Public -State of Florida 15, 2018 My Comm. Expires Aug " Commission # FF 13`i840 N) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State 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 5 Blanket Public Safety Ingress/Egress Easement TR#1 3104 EXHIBIT A Lots 8 and 9, of McNab Commercial Subdivision No. 2, according to the Plat thereof recorded in Plat Book 73, Page 28 of the Public Records of Broward County, Florida. A TR#13104 Exhibit "A"