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Home My WebLink AboutCity of Tamarac Resolution R-2013-100Temp. Reso. # 12397 September 10, 2013 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2013 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 KLEMOW PARK PLACE AT WOODMONT, LLC., FOR THE PARK PLACE AT WOODMONT PROJECT, LOCATED AT THE SOUTHWEST CORNER OF NW 77T" STREET & 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, Klemow Park Place at Woodmont, LLC., is the owner of the Park Place at Woodmont Project located at the Southwest corner of NW 77th Street & 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 Temp. Reso. #12397 September 10, 2013 2 WHEREAS, Klemow Park Place at Woodmont, LLC., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Park Place at Woodmont Project; and WHEREAS, it is the recommendation of the Director of Public Services that the Blanket Public Safety Ingress/Egress Easement with Klemow Park Place at Woodmont, LLC., be approved and executed for the Park Place at Woodmont 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 Klemow Park Place at Woodmont, LLC., for the Park Place at Woodmont Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION L The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. All exhibits attached hereto and referenced herein are incorporated and 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 Klemow Park Place at Woodmont, LLC., for the Park Place at Temp. Reso. #12397 September 10, 2013 3 Woodmont Project located at the Southwest corner of NW 77t"Street & Pin Island Road. SECTION I 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. 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. Temp. Reso. #12397 September 10, 2013 4 PASSED, ADOPTED AND APPROVED this day of BETH TALABISCO MAYOR ATTEST: PATRICIA TEUFEV, CIVIC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHNEL DIST 3: COMM. GLASSE DIST 4: V/M. DRESSLER_ HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM -� SAMUEL S. GOREN CITY ATTORNEY "millimir"m, CITY OF TAMARAC PUBLIC SERVICES DEPARTMENT ENGINEERING DIVISION Job No. TR# 12397 Scale: N. T. S. [SHEET 1 OF 1 PARK PLACE AT WOODMONT BLANKET INGRESS/EGRESS EASEMENT TR#12397 N IS . . . \der — /A\ 77 CT ST / 0 AT] AME I A TR61 W W W G S STA,T N W y W W W W W W �6 w ODgo W Q�.• DR R38 "I W WESTWOOD / � Q PINES � 3 TR3700 Svc w^ co,P�'IG� � �'�� OF /010 ��0A Q) �/ pie � /�j �Cc` �d� �� S� �� 1 � 1 � ]. � co WESTWOO 3 R � �TAMARAC 95 o W. 73 CT Q Dr, 0 00"// MUNICIPAL COMPLEX/ SIGNS ft*K ftme wn& Dish: sea- Ren=Om By PARK PLACE AT WOODMONT a mma ftsw Fee& ash. EXHIBIT 1 Dra: J01111 DO FL NM � Y. P.E. O tr W � � Maww� . nMWA 1-4 AV I i Exhibit 2 TR#12397 CITY OF TAMARAC BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: PARK PLACE AT WOODMONT (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 2 Y day of 49Q 12013 by Klemow Park Place at Woodmont, LLC., having an address of Griffin Road, Suite 8, Davie, Florida 33314 (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88t" Avenue, Tamarac, Florida 33321 (the Grantee"). W I T N E S S E T H 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 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 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 20 Residential U— 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. 2 Blanket Public Safety Ingress/Egress Easement IN WITNESS WHEREOF, Gra year first abritten. � Corporate Secretary L t3 ` rij#A 0#4 (Corporate STATE OF FLORIDA SS COUNTY OF -9k."O. : has hereunto set his hand and seal (GRANTOR President Klemow the day and ce At Jordan Klemow I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afor said and in the County aforesaid to take acknowledgments, personally appeared KL-,Lnovv to me known to be the person(s) described in and who executed the foregoing instrument and die acknowledged before me and under oath that A e. executed the same. WITNESS my hand and official seal this �� day of :JqAt 2013. KATHRYN E. QAlJnVER * * MY COMMISSION # EE 082901 EXPIRES: May 1, 2015 t�441t�4' �o F16-vv Bonder! Thru Budget Notyy Sens (°✓)Personally known to me, or ( )Produced Identification ( )DID take an oath, or N OTAK at Large PUBLIC, State of Florida (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced DID NOT take an oath. 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: ATTE By: Pat City uerK STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE -� City Manager •• • 0%. 3 010 4/3 , ; �. , ,� �, Date. _�. ; ZZ 67 • w �� • nr. 0 : �P� Approved as to form: .� .� '� •sop . �� '. ••• A .�''� •. •• By: • 0�•.'""' ��°` Samuel S. Goren , , I � � � � � City Attorne COUNTY OF*PUP y I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid an in the C unty aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing in trument nd e, acknowledged before me and g g under oath thatexecuted the same. WITNESS my hand and official seal this 20-/ ,5 . TINA M. WHEATLEY MY C%66SSION # EE5619 EXPIRES: August 06, 2014 ,ARy R. Notary Discount Assoc. Co. ( ,x )Personally known to me, or ( )Produced identification i �0 day of NOTARY PUBLIC, State of Florida at Large , J �,va, Iq, 1411,�cr�ir- (Name of Notary Public: Print, StAmp, or Type as Commissioned) Type of I.D. Produced ( )DID take an oath, or (X )DID NOT take an oath IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. K-TWIT; 4 Blanket Public Safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE 1, Jordan Klemow do hereby affirm that I am the Presient of Klemow Park Place at Woodmont, LLC and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for the Park Place at Woodmont 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. FURT FIA (S i g nq!.0Ke) ET-K NOT. This dayof 7c( (1 , 20(3 STATE OF FLORIDA SS COUNTY OF -?�* A:: 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 7Z'or8Qn 0cv to. me known to be the person(s) described in and who executed the foregoing inst ument and - acknowledged before me and under oath that �vr �Gl,Y1 Il�i'Y�D� executed the same. WITNESS my hand and official seal this I_ day of 20�_. Pluew,i EILEEN R. PULLW * * MY COMMISSION # EE 205530 EXPIRES: June 6, 2016 OF FL��\4e Bonded Ttuu W NotarY Se*A ( )Personally known to me, or ( )Produced Identification Type of I.D. Produced ,NOTARY 1 at Large P ee" - 4 LA PUE (Name of Notary Public: Print, Stamp, or type as Commissioned) Revised 5/22/2012 5 Blanket Public Safety Ingress/Egress Easement TR#12397 "EXHIBIT A" DESCRIPTION OF "PARK PLACE AT WOODMONT" LEGAL DESCRIPTION PARCEL A, I.C. PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 130, PAGE 35, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. NOTES: 1. THIS DRAWING IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THE PLATTED EASEMENTS AND NON -VEHICULAR ACCESS LINE ARE NOT SHOWN HEREON. 3. THERE MAY BE ADDITIONAL RESTRICTIONS NOT SHOWN HEREON THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. SUCH INFORMATION SHOULD BE OBTAINED BY OTHERS THROUGH AN APPROPRIATE TITLE SEARCH. 4. THIS IS NOT A SURVEY. IT IS A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. ABBREVIATIONS: A = ARC LENGTH P.B. = PLAT BOOK B.C.R. = BROWARD COUNTY RECORDS PG. = PAGE D = DELTA (CENTRAL ANGLE) R = RADIUS D.E. = DRAINAGE EASEMENT RIW = RIGHT-OF-WAY U.E. = UTILITY EASEMENT SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS CONTAINED IN CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. DONNA C. WEST I PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. LS4290 HSQ GROUP, INC. Engineers • Planners* Surveyors 1489 West Palmetto Park Rd., Suite 340 Boca Raton, Florida 33486 - 561.392.0221 CA26258 - LB7924 PROJECT: PARK PLACE AT WOODIIAONT PROJECT NO.: 1302-07 DATE: 6/26/13 SHEET 1 OF 2 ZASurvey Projects1201311302-07S Park Place Woodmontllegalslexhibit A.docx n • C Ono N90"00'00"E 394.970 LEGEND: CENTERLINE 6126I13 REVISIONS DATE PROJECT: PARK PLACE AT WOODMONT PROJECT NO.: 1302-07 L1 WJR DCW NIA BY CK I) FIELD BK. SCALE: 1 " = 60' SHEET 2 OF 2 Z:tSurvey Projects12013t1302-075 Park Place Woodmontldwgt130207sk.dwg