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Home My WebLink AboutCity of Tamarac Resolution R-2010-022Temp. Reso. #11764 February 28, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010 -d;a 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 JEWISH CENTER, INC., FOR THE TEMPLE BETH TORAH PROJECT, LOCATED AT 5700 NW 94TH AVENUE, TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES SUCH AS PUBLIC UTILITIES, PUBLIC WORKS, 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 Jewish Center, Inc., is the owner of the Temple Beth Torah Project located at 5700 NW 94th Avenue (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 Jewish Center Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Temple Beth Torah Project; and WHEREAS, it is the recommendation of the Director of Public Works and the Temp. Reso. #11764 February 28, 2010 Page 2 Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Tamarac Jewish Center, Inc., be approved and executed for the Temple Beth Torah 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 Jewish Center, Inc., for the Temple Beth Torah 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 Jewish Center, Inc., for the Temple Beth Torah Project located at 5700 NW 94t' Avenue. 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. 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 Temp. Reso. #11764 February 28, 2010 Page 3 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 '1 , 2010. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAM A L S. GORE CITY ATTORNEY 1 WIN, .—A A BETH • MAYOR Record of COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM BUSHNE LE DIST 2: COMM ATKINS-GRZ DIST 3: COMM GLASSER DIST 4: VM DRESSLER ? Temp. Reso. No. It 764 CITY OF TAMARAC Scale. N.T.S N PUBLIC WORKS DBPART=ff � � � � NII NB SNGDVKKRING DM3ION SHEET 1 OF 1 W . E s INGRESS -EGRESS EASEMENT s. S& TR#11764 41 5S DtLd w STD 'o F 6 SEC. 8 y WEDGEWOGD LN i y o- 2 W %/ W W W W SANTA R❑SZA ZDR, 61 ST 34 / Qo 61 S T > PARADISE CT Q E3 M> cu> 6 Tm m o CL z w m Q_ m¢ t> / m Q PAR, DR - -- — 60 ST 60 S Lj 77 - R, / TT c� S ANLEY LN, / / /, �// �// // i/ ova A -' Q a� mBRADSHAW LN La M % H J �U9-4ARBeR WY, S 9 C T _ .... .... � 58 w ST M I L E N I U M ¢ j/!11!; MIDDLE TEMPLE TAMARAC Q ACTIVE SCHBETH JEWISHSENIOR CINNAMON Z TORAH 5� CENTER °' LIVING TREE CHALLENGER — T RESIDENCE PLAZA ELEMENTARY SCHOOL WENDYS 870) SITE LOCH ION RESTAURANT WALGREENS RBVISION3 N.- 0. °� RAW ofmoo TEMPLE BETH TORAH EXHIBIT I "peii° °jDew sM L awom, FL CITY OF TAMARAC, BROWARD COUNTY, FLORIDA r- ft sm SEC. 8, TWP. 49, RGE. 41 Exhibit 2 TR#11764 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: TEMPLE BETH TORAH (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of , 2010, by Tamarac Jewish Center Inc. d/b/a Temple Beth Torah having an address of 9101 NW 57th _Street, Tamarac FL 33351, (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 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 a synagogue and school 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. (GRANTOR) marac ewish enter Inc. By: V41j 3�1 By: S4Type Name 1 �< <�t� �Y �t t �1�, _ Type Name Je _ y ��,� �� V 1�� , X4 President (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF OM"''' 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 r—. �1 > , °' to me known to be the person(s) described in and who executed the foregoing instrument and i acknowledged before me and under oath that, executed the same. WITNESS my hand and official seal this day of �f•� `ice' , 20_ is ( personally known to me, or ( ) Produced Identification NOTARY PU,SLIq; Sof Florida at Large / (Name of Notary Public: Print, Stamp, or type as Commissioned JEFMY EIsENsmrM MY COMMISSION / DD6t2970 � �IItFS: Deoanlxr 04, 2012 14MM-NDTARY FLN0tryDW0WA8AMMC06 Type of I.D. Produced ( ) DID take an oath, or ( 1*16'ID 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: /- Marian Swenson, MC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE Ky: pl C , Jeffrey VAAilffr City Manager Date:'�`'� Approved as to for By: T04P Samusf S. Go en, SS City Attorney COUNTY OF�r��--: 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 /.. M t I 1 e-r to me known tQQ be the person(s) described in and who executed thL4 fore oing instrument and 0 acknowledged before me and under oath that 1 e� executed the same. WITNESS my hand and official seal this day of ER-ZV , 20. tiOTARY PUBLIC -STATE OF FLORIDA " Tina M. Wheatley Commission # DDS81925 '• Expires: AUG. 06, 2010 BONDED THRU ATLANTIC BONDING CO., INC. (� } Personally known to me, or ( } Produced identification NOTARY PUBLIC, State of Flo da at Large . e (Name of Notary Public: Print, 9tamp, or Type as Commissioned) Type of I.D. Produced ( } DID take an oath, or ( >< ) DID NOT take an oath IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. 981208 4 Blanket Public Safety Ingress/Egress Easement ATTE Type Name Corporate Secretary (Aorporate Seal) M AVP BOfjTC` E Wachovia Bank '1 r-Ic< r" Type Name 90/J "P, 04PXOLL President Wet Pg6g'0mT-- Norol %(cli STATE OF FteRGA COUNTY OF C SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the Cou ty aforesaid to take acknowledgments, personally appeared 5��-1 n ". �r{CY- ® I t� to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that ;ter exe uted th sam . WITNESS my hand and official seal this day of 2009 . t1>�A�h s�A e% .•• ? �'��'/S COS ..�1►`�, I Personal) known to me or ) y , } Produced Identification Type of I.D. Produced ) DID take an oath, or ( NOTAR PUBLIC, State of f4er-4a_ 4r* at Larg CAroII Aq G� � Dpv(dn (Narqj of Notary Public: Print, Stamp, or type as Commissioned) (Y)4 Cv,�M 15S%snplfeS : �1o1312t�.(p ) DID NOT take an oath. AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE 981208 5 Blanket Public Safety Ingress/Egress Easement Exhibit "A" TR#11764 N.W.58th STREET e B2 S88°59'08"E •224.58'.�� :F FFFp I o 1 I I t4 II e I I I O N II I I v N Iz C N I � I a i' -- ---------------a ----- N88.59'06"W 50.04' i� z i Z I •a I x O I m � E n § mnmuN iu>r� I mNN o CO m I W 0 O S Z O 0 -Tl D N C m 0 0 0 gs.11-t nW�FjaIFFadCfF d................................................ ...•