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Home My WebLink AboutCity of Tamarac Resolution R-2018-067Temp. Reso. #13118 June 18, 2018 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018 67 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 ALAZHAR SCHOOL, INC., FOR THE ALAZHAR SCHOOL PROJECT, LOCATED AT 7201 W. 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, Alazhar School, Inc., is the owner of the Alazhar School Project located at 7201 W. 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 to provide proper access to private property for municipal services; and WHEREAS, Alazhar School, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Alazhar School Project; and Temp. Reso. #13118 June 18, 2018 2 WHEREAS, it is the recommendation of the Director of Public Services that the Blanket Public Safety Ingress/Egress Easement with Alazhar School, Inc., be approved and executed for the Alazhar School 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 Easementwith Alazhar School, Inc., forthe Alazhar School 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 Alazhar School, Inc., for the Alazhar School Project located at 7201 W. 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. 0 Temp. Reso. #13118 June 18, 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 0,2018. HARRY D E SLER MAYOR PATRICIA TEUFEC, CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM UEL S. GOREN, CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST4: COMM. PLACKO Design By: EJW Created By: EJW Checked By: Approved By: CITY OF TAMARAC BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT Date: 6/1/2018 Date: 6/1/2018 Date: EJW Date: TR#13118 ALAZHAR SCHOOL Exhibit 1 City of Tamarac, Broward County, Florida Sec. 3, TWP. 49, RGE 41 Exhibit 2 TR#13118 TAMARAC PUBLIC SERVICES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Alazhar School (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of 2018, by Alazhar School Inc., having an address of 7201 W. Mc -Nab Rd., Tamarac, FL 33321, (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 Ten Dollars ($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 the Alazhar School 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. (GRANTOR) Alazhar School, Inc. Witness i Typed' ame/Title Mohamed S. Behairy Type Name li�C� %�� I President Witness Type Name Type Name/Title STATE OF FLORIDA SS COUNTY OF 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 Mb h &"01 a�,,, JAZ to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this f7-H� day of , 20 /� NABIL EL-SHUKRI Notary Public - State of Florida Commission # FF 935257 - t3:= My Comm. Expires Mar 4, 2020 •�°�� 60111110111111110111141 National Notary Assn. ( Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( 164 • it ; • . • , (Name of Notary Public: Print, Stamp, or type as Commissioned) ) 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: ATl By: Patl City STATE OF FLORID ACCEPTED BY CITY OF TAMARAC GRANTE Michael C. Cernech City Manager Date: � 1 :�- � ' 1963 Approved s to form: SEAL '� '9p ' • •°�.'� BY A GO NI't ' .�`� Samuel Goren : SS' U \ UU City Attorney COUNTY OF BRO� 17P-�: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County foresaid to take acknowledgments, personally appeared c%At—a / -e-twee*to me known to be the person(s) described in and who executed the foregoing nstrument and le —acknowledged before me and under oath that � e executed the same. WITNESS my hand and official seal this c2-9 day ofQe-le��, 20 / . -w TINA M. WHEATLEY F Notary Public - State of Florida ` Commission # 66 224689 r� My Comm. Expires Aug 6, 2022 Bonded through National Notary Assn. () Personally known to me, or ( ) Produced identification ( ) DID take an oath, or ( ) IN WITNESS WHEREOF, Mortgage and year first above written. ,::. -, �/�' ),,I, --- NOTARY PUBLIC, State of Florida at Large e (Name of Notary Public: Print, Stamp, or Type ps Commissioned) A/ . /k Type of I.D. Mroduced DID NOT take an oath has hereunto set his hand and seal on the day 981208 4 Blanket Public Safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Mohamed S. Behairy do hereby affirm that I am the President of Alazhar School Inc. and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for Alazhar School 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 AFFIANT SAYETH NOT. (Signature) This OAWdayof 20�. STATE OF FLORIDA SS COUNTY OFct.9� I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the'Co my aforesaid to take acknowledgments, personally appeared o to me known to be the person(s) described in and who executed the foregoing ins rument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this a44^day of , 20 Vc, . n _ /2 NABIL EL-SHUKRI ' Notary Public State of Florida commission # FF 935z5.7 Expires Mar 4, 2020 My Comm. °;N° Bonded through National Notary Assn• ( f/ ) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ) DID take an oath, or ( NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) ) DID NOT take an oath. Revised 5/22/2012 5 Blanket Public Safety Ingress/Egress Easement Exhibit "A" TR#13118 'J{ Ntl Id 31R 9lOUws NI 100Ha5 v' "" tl N3dal3/,30 ` £aZ La0081 V TCOOa VV VOIiIOV '�YaVWtll 'aL aYNaW 'M LOU Ea .B!..a.NM3w au! old M�N»oa!wroNOISNVdX3 mm,..,. ., s � .— oul dno�0 aniIoAouul O 100HOS 2IVHZV1V �p &�y cc wgg „� -. � �z§ z �'�iaa �: s ` aE ag`& ggs a a��a ?�^, ¢ 9 9° ?.5s� Z g Insag z U 0 I ¢ }'€ }S€ag ixqiy g¢ ccpp feg qp ' Jill S �� £5S adrka€1e3:Y1 A111.N1 [J � � a nN3i, n Y N,s a w �E =_s= F� a Y sewiw; 1 E 4 Q� m A has°aw z ® $ 89 Ig z i(r• i DONS _ mQIIN j _______ •ra m '_as1 V V "3 ZWWO' 3 AL a.. _ly IJ O vL z a � U LL � yy ■■ mLL td dl � l� Ny Q \ _ a g . a a iro • � siroams� � ` " J zm a o a TYM Nn 1M3N� e� GO eNiNoz n3�Yrar City of Tamarac Public Services Department 6011 Nob Hill Road Tamarac, Florida 33321 (954) 597-3700 Fax:(954) 597-3710 . If enclosures are not as noted, kindly notify us at once DATE: 6/13/2018 RE: ALAZHAR SCHOOL TO: Lillian Pabon Assistant City Clerk WE ARE SENDING YOU ❑X Attached ❑ Under separate cover via inter -office the following items: ❑ Prints ❑ Plans ❑ Copy of letter 191 Documents ❑ CD II 6/13/2018 I 1 I Blanket Public Ingress/Egress Easement II THESE ARE TRANSMITTED as check below: ❑X For Processing and Recording ❑ Returned with requested information REMARKS: Recordation Date: Plat Book and Page Number: Folio Number: #494103020030 SIGP RECEIVED BY: