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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. 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