HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-116Temp. Reso. #10442
April 28, 2004 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004 -//&
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 PRESTIGE HOMES OF TAMARAC, INC.,
FOR THE UNIVERSITY LANDINGS PROJECT, LOCATED
ON THE SOUTHEAST CORNER OF UNIVERSITY DRIVE
AND NW 64T" STREET, 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 DOCU1I1ENT IN THE PUBLIC RECORDS OF
BROWARD COUNTY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Prestige Homes of Tamarac, Inc., is the owner of the University
Landings Project located on the southeast corner of University Drive and NW 64th Street (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, Prestige Homes of Tamarac, Inc., has offered a Blanket Public Safety
Ingress/Egress Easement to the City of Tamarac for the University Landings Project; and
Temp. Reso. #10442
April 28, 2004 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 Prestige
Homes of Tamarac, Inc., be approved and executed for the University Landings 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 Prestige Homes of Tamarac, Inc.,
for the University Landings 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 Prestige Homes of Tamarac, Inc., for the University
Landings Project located on the southeast corner of University Drive and NW 64th Street.
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
1
1
Temp. Reso. #10442
April 28, 2004 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 t"�� O ED this 26 day of 2004.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to farm.
MITCHELL S.
CITY ATTO
JED/dtm
C
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS O
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
Job No.
CITY OF TAMARAC N.T.S
N
(ZScale:
PUBLIC WORKS DEPARTMENT �► Na
ENGINEERING DIVISION SHEET 1 OF 1
W
E
S>P
SB
S
BLANKET PUBLIC SAFETY
INGRESS / EGRESS EASEMENT - TR# 10442
w y %
w z
Z PQD L>.w'z"
w
J3
COMMONS PLAZA NATIONS 2
BANK
LAKE z Q y w Q z
COLONY w a+ Q z f w
z o
Q
Y
y
(69ST.)
s
DR
v
M C N A B R❑ A D BANK
TEXACO TpMAZA BROOKWOOD >
CASABL
\
CONCO D VILLAGE
PLAZA o
CENT
W
W + + W
Epp
W
V LA W W W W W
A n
>
UNIVERSITY
68 ST
WOO'LA
SCHO
\\ W\ W
COMMONS
A Q
�.
a W W
CANNQNGgT£ W W y y W \�\\\ W W
LJ
BELLE 3 67 ST n \ z
� W W
y
W I-
Y o
TERRE o a 66 ST
OF \
j
V• W �
W W HI
VERSACjR W W (/1
IL
VJ
TAMARAC ¢ r ¢
j
W \\ W
\\ Q
LES GARDENS W W W
\\
a MAINL NDS S
a ST
>
z 65
A
\\
Z
a �
S
FJ-
UNIV. ¢ 64 CT
W
COLONY CIR. W W H
SHOPPESIT g
>
OFCS. 64 ST
W
�W W W
•Y W \W W
W W W . W W W W
W •V 4 i i N W W W
Y WGOLF COURSE,
64 ST
0!
/
SEC, 9`\'
W W W Q
¢ 63 CT
\\\\\ \
FAIRVIEW DR, ,\\ o
n ¢ a > O
W W W
W •Y `Y Y W W W
RWAYS \\ \\
.V W
U
\\ \\�\ + \\\ \. \
63 ST 63 ST
REEN ILLAG
62 CT WATER THUMB WUARE
SAINT 62 ST 62 STW
61 ST
r
PLANT y
, ..
ALACHY W >
a a a W/�
>
y
=
/
JOHNa
HORAN > P) n
TER. n iz n ID
Q
g
Q
a (EDGEW TER) 61 ST CURTIS
61 ST
LT
LSD
iT �
m
co W > ¢ FIELD
^ N ANDS SE
NATIONS
10 A�
60
%/!/j%
n La CD i. PLAT
n n n
BANK '76 / a
60 ST
✓/ /// / %!!/!/ !
WATERSIDE 60 ST
59 ST
58 ~ 58
CT
/
HEARTLAND
$
i 0 CT ro
!
OF
in -j W 5 CT a a > S8
Q
!/
!
TAMARAC
a
Sg ST
y
> MIDWAY PLAZA
Q
aw Lo 58 T v M 58
oo n n n ST
>
>
9L X Q
W
n BUSTER
n
oBLOCK wy 57 PL g
oc
57 PL OD
a
j
BIG LO MAI L D SEC 910
Q
~
call
wu
r> >
co Q
m °D
/
i
/
/
TUSCANY UNITED BOSTON
STATES
TOWNHOMES POST CHICKEN
PLAZA 57 DR 57
y
z 57 CT 57 CT n
0 Q
n o
n
MA NLA
l CT
NW 57TH ST
OFFICE
a 57 T
a a
Q Z d s N} o f z Z z oo�o BLATT ¢ Of w w¢
y
MARKET
a
E� Z. wm m
y n yQU Of Jtn wawa ? °°� rwi,aaQ PLAT n wY ~a LO
c=iw
TA
U
S Q A L7 G
li.
C❑M
ERCIAL BLVD
LAUDERHILL SITE LOCATION
xgvlsI°x�s
A,f
Diann � C.D.L
,: �, �'
Daft 06/06Ia
S.aD
all L DONaff, P.E.
UNIVERSITY LANDINGS
EXHIBIT >
CITY OF TAMARAC. 13ROWARD COUNTY, FLORIDA
SEC. 9, TWP. 49, RGE. 41
Ff..
Dnb
my
ch-b" By
Daft
App —d DIF
Dow
iL N0. 56388
Exhibit "2"
TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: University Landings
Temp. Reso. No. 10442
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
day of a , 20Q_V, by Prestige
Homes
of
Tamarac, Inc.,
having an
address of 1750 University Drive, Suite 218,
Coral
Springs,
Florida
33065, (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 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 100
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.
(GRANTOR
By: By: — "(::�4
Type Name -�',Dbce� �onntr Type Name Bruce Chait
Corporate Secretary President
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF BROWARD:
1 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 Bruce Chait 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.
2004 WITNESS my hand and official seal this 54"- day of Z ,
( x ) Personally known to me, or
( ) Produced Identification
vC .
NOTAIdt Y PUBLIC, S ate of Florida
at Large /
�M - :. LDss
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
`,AlIYA Kim I. LOSS
Commission
Common # CC 9458%
:fit o; Expires Aug 2,2004
.� e
s'7,
Bondd c Thru
Type of'I:D. Produce-
( ) 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
GRANT
Y•
Z-
Joe-§clireiber
Mayor
D 6-1"1° q
By:
Jeffrey L. Villef
City Manager
Date: � a
is.
as
SS City Attorney
COUNTY OF i6ro :
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
.- °Q-.rn7tber " L t4c (tetto me known to be the persons) described in and
who executed the f going instrument and 14v acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this Z day of ,
20d
JUNE A. WHITE
Notary Publk: -State of Florida
I�Ayca nhisibnEViesAupl5 a�oti
Commission f QQ119065
Bonded By Nat3ona! Notary Assn.
( Personally known to me, or
( ) Produced identification
NOTA PUBLIC, State of Florida
at Lar e
,/ k,I,,— It, WX,4-;-
(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 4 Blanket Public Safety Ingress/Egress Easement
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATT
By. !ru
Type Name
(Corporate Seal)
,e (A' 1 I-tr—
t '-e pr'rs, d'pne—
STATE OF FLORIDA
SS
COUNTY OF$r (d
MORTGAGEE Wachovia
'64A 'Ial"�t
Type Name D /3gu, Efr
iftllllmwoff�' V I rf-'& s /ham/✓'
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 -D. i� c-e 4-6t n,c n 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 15 day of
20_t�.
=RYSEALEALNOTARY "FLORIDACOMM974211MY COMMT.10,2004
( ✓) Personally known to me, or
( ) Produced Identification
�u - Qa I -.,
NOTARY PUBLIC, State of Florida
at Large
Kctf(a j--?ef-eZ_
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or (VIDID NOT take an oath.
981208 5 Blanket Public Safety Ingress/Egress Easement
Exhibit "A"
Temp. Reso. No. 10442 2 of 2
C••ayyy�
�a. lira we4raiy af• a fix' ° a , °p t2��
a
>
. as�t° de" �� gri`x i�g d`e9 ° s"e _y Ai.� i i a S �•�zt 9
�' .';s� ,t�etc tej ® �a �cl = ail lYY:j� 1r "�6ae
° iypFsg I'll �a-sg - aJ�• =r:: �."`; r"s;a i d°c .3:"�y D �-
g q,
�tl �a tl5 -�a Esr��eaI�a seca�::�bs = °r'er _ a
9 ° g................d ................. a "� a_� w
WSiewhiYra�l r�rr�ll:s:�w ii°ar
is X �
m
Z
D
0 133211S U149 MN 0
1 ----->--------------------------------Y- tt
- 1.30Sr3 Alllfl -0L1 2
Y �
U
1 iI I Z�!
1I I v
0°a
�.1
i t O
all
-@dy a 1 w I ¢ ' ZSillw ��
@33 Q
al• O. I I ��w 00 I f.
Q~ i
Z
Q
Avg
to
Vw
3
i
sI
i I
�D 4i
�'M141 Y[pt 1Y'ol [M11iIl �O.
Tian .ii"Zfir
z u I x
oa sit.
¢ ` h ao3
01 °
a
-0-1-0
C=D
CC) m ;U
F- ;�7 (-)
n rTI M
O F—
�9 Cf)
FTI _
n D D
Oci-) _
z
Cf)Mo
OC _
0
��:oCC)
CDC =
�M-
o�CD
*zc
D n
CD m
C7 D -0
O �
C coD
zO =
--1 O
D
C)
-T� (-)
F- CA O
0 Ul
�v
DC�
O
0
C/)
C7
0
N
E