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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-166Temp. Reso. #10485 June 17, 2004 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004 -/66 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 RIVERSIDE TOWNHOMES, INC., FOR THE RIVERSIDE TOWNHOMES PROJECT, LOCATED ON THE WEST SIDE OF PINE ISLAND ROAD APPROXIMATELY ONE HALF MILE NORTH OF COMMERCIAL BOULEVARD, 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, Riverside Townhomes, Inc., is the owner of the Riverside Townhomes Project located on the west side of Pine Island Road approximately one half mile north of Commercial Boulevard (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, Riverside Townhomes, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Riverside Townhomes Project; and Temp. Reso. #10485 June 17, 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 Riverside Townhomes, Inc., be approved and executed for the. Riverside Townhomes 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 Riverside Townhomes, Inc., for the Riverside Townhomes 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 Riverside Townhomes, Inc., for the Riverside Townhomes 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. Fj 1 7- u Temp. Reso. #10485 June 17, 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 this 14t' day of July, 2004. ATTEST: 111'1"'�'A, 'e il'f'alw '� J MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KRAF CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABIS DIST 3: VIM SULTANOF DIST 4: COMM. ROBERTS �, Job NO. CITY OF TAMARAC QScale. N.T.S N PUBLIC WORKS D&PAMZNT AA AOT Z NGDN6SRING DIMON SHEET 1 OF 1 w.� E s BLANKET PUBLIC SAFETY INGRESS / EGRESS EASEMENT Temp. Reso. No, 1.0485 (.� SEC. II ,d SEC. I Q w W W W V W W COL. W. W W W SANDS P❑INT A, W W W / W CLUB HOUSES\ W T ❑D 2rE`4' W W W W RAL LMS W W W W w v P 4�S ST CT W Q1V [,L ❑ L F CA W W W '�'j , W V LLAS W W W W W W W W�V �GZ W W w W W a vi w W ZN R❑KEST � W 6. APTS. © y r W W 7 M Y ' ' NI!/'^/I W W WEDGES W W W W rrrr r �` jG •' �n� r� LAND ST `'r W g v WEDGEWpOD LN y'01 W r H W W W W W W W W W W W W W W W W W W 7 w W BOARDWALK APTS. w FAIRWA A ROSA m 61 ST 3 61 ST ¢ PARADISE CT 61 ST qPATIO HOMES -+ m a m I 6 Ta+ 0 a 00 PAR. DR OD 61 St BOARDWALK APTS. g 64 60 ST II � w Q�' � 59 PL 59 PL LA / 59 Pt l a ce SUNSET w 59 CT 8 ISLES 59 CT LANDINGS ON PARADISE CYPRESS MAINLANDS ESTATES cx) 59 ST UNIT 13 59 ST w GREENS 59 CT EDGE WATERS SITE LOCATION / z 5 58 PL 58 Pof y a rn o PL 3 Ir MAI L IN f Li LY❑NS z % ~ UN T S 1�� INDUSTRIAL 3 58 ST %a � �� 58 PARK CO m OD 7s r 5 6 ST / MARLEN 57 DR W MAII 41-At IDS U T 1 9 LENIUM 3 PARK 57 L ] 0D REE AVE IDDLE Z BUDDHIST TAMARAC ¢ 57 PL 8 12 FAIRY�IVE CH❑❑L TEMPLE JEWISH CINNAMON c° LLENGER 57 ST CENTER ° THE A OFC. BLDG 57 ST 57 CT 57 C MENTARY CHOOL FIRST EAST SIDE LY❑NS C❑MM SUB raa w aw r w ti AVINGS BANK SHELL CHEVRON r oca a wo v A w OD r= CO wc� y F COMMERCIAL BLVD FMISIONS °"""'� °J` �" °"'"'� RIVERSIDE TOWNHOMES e EXH.TBIT I c.Nhw saw CITY OF TAMARAC. WMARO COUNTY. FWRIOA ' a Ddr SEC. S. TW. 49, ROE. Al Exhibit "2" Temp. Reso. No. 10485 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Riverside Townhomes This BLANKET PUBLIC SAFETY INGRESVEGRESS EASEMENT made this day of , 20V, by Riverside Townhomes._In , having an address of 7975 NW 154tth Street, Suite 400, Miami Lakes, Florida 33016, (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88t" 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 32 Townhomes 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. RIVERSIDE TOWNHOMES, INC. STATE OF FLORIDA SS COUNTY OF 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 John Mijares as President of Riverside Townhomes, Inc., to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this day of alAiLe, 2pjCd. NINNIIII:::� LILLY M. Comm#0244Bonded thru(a Florida Notary Ina EQ, o Personally known to me, or ( ) Produced Identification N T PUBLICOState of Florida t Large (Name -of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT takean 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: 11 Marion $wen-n;�MC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jo hreiber M or Date: // 9 / 0 7 Jeffrey L. ieer City Manager Date: -7/19 /a by: Mitchell SS (�iity Attorney `" COUNTY OF �'��• I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid aQd in the ounty foresaid o take acknowledgments, personally appeared ,fie.Schreties 4 V AIW`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 day of , 20_q�. .+�+,,,� JUNE A_ WHITE s s Notary Pubtlo - Stele Of FbNa s �CorrrrisfonEaq�i<esAug15,�1106 .a commission # D0119065 „�„ Bonded By National Notary Assn. ( Personally known to me, or ( ) Produced identification (:�� a 7V,-& NOTARY UBLIC, State of Florida at Large -:jr1-t �le- A, 6j 4, �-� (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (/ ID NOT take an oath 981208 4 Blanket Public Safety Ingress/Egress Easement w r • IN WITNESS WHEREOF, Mortgagee has hereunto set his h d a d seal on the day and year first above written. ATTEST: MORT Gf E By: By: T pe Name Lyn tte Pineiro Typ9 a Justo L. ernande A.V.P. Lending Officer enior Vice President (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF Miami —Dade : 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 Justo L. Fernandez to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and that e _ executed the same_ WITNESS my hand and official seal this 8thday of ime 2004 . ROSAURA JIMENEZ a Notary Public - State of Florida • ►rfy Car W*ai0n F.,,0U JuI 2lX 2 $ Commiaalon 0 00183642 Bonded By National Notary Ann. (X ) Personally known to me, or ( ) Produced Identification NO ARY PUBLIC, State WFIorida at Large Rosaura Jimenez (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take and oath, or (X ) END NOT take an oath. 981208 5 Blanket Public Safety ingress/Egress Easement Legal Description Lot 1, Block 1, Lyons Industrial Park, according to the plat thereof, recorded in Plat Book 71, Page 1 of the Public Records of Broward County, Florida. 981208 5 Blanket Public Safety Ingress/Egress Easement I