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Home My WebLink AboutCity of Tamarac Resolution R-2003-003Temp. Reso. #9998 December 2, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003 - 03 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 CATALINA LAKES, INC., FOR THE CATALINA LAKES PROJECT, LOCATED ON THE SOUTHWEST CORNER OF NOB HILL ROAD AND NW 80T" 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 DOCUMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Catalina Lakes, Inc., is the Developer of the Catalina Lakes Project located on the southwest corner of Nob Hill Road and NW 80th 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 Temp. Reso. #9998 December 2, 2002 2 WHEREAS, Catalina Lakes, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Catalina Lakes Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Catalina Lakes, Inc., be approved and executed for the Catalina Lakes 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 Catalina Lakes, Inc., for the Catalina Lakes 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 Catalina Lakes, Inc., for the Catalina Lakes Project, located on the southwest corner of Nob Hill Road and NW 80t" Street. SECTION 3: The City Clerk is hereby authorized and directed to record . said agreement in the public records of Broward County. [1 1 11 Temp. Reso. #9998 December 2, 2002 3 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. PASSED, ADOPTED AND APPROVED this 81h day of January, 2003. ATTEST: MARION SWE SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RFROI HTION as, to fnrm_ CITY ATTORNEY JED/DMIdb JOE SCHREIBER MAYOR RECORD OF COMMISSION' MAYOR SCHREIBER c DIST 1: V/M. PORTNER DIST 2: COMM. MISHKIN _ DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS EXHIBIT 1 TEMP. RESO. # 9998 S❑UTHGATE BL D 83 ST 83 ST 3 ST 83 ST a > a w PRIN AKE VIL AS 7 82 ST 7 ^ Cc C) < o oC2 It + Q z i4 o\\P\ffLTA'K\ o3 �� P� P- c _j 3 0% 82 ST 81 ST tip2 �pti c,r o a o WE WO D 6 ti o 80 CT SE IDN r�N p �r 0 81 MANOR O , pp �. TR2 C ti ti0 c'p, C 8f qb SECTION 23 T �yf �,�TtiLj crP T TW❑gD 5 ,P � Cr TR13--A 102 fLE`�dh `�� 8f T ,f S LOMBARDY P TR24 f LF drTR3 p� 80 PL EXETER ; HUNTIINGTON Q `� 80 SITE LOCATION f�J� $0 sr LAND SEC, ROCKFORD 6 TR28 TR29 /, ci TR3O fY� Y❑RKSHIRE za ca GRANVILLE , ¢ =_:_ WELD❑N TR15B 1 SEDGEFIELD qq GR�/// 3 >>f TR16 o TR27 / ¢ LA SEC. 5 76 EVANGELICAL i COVENANT 76T CHURCH M WEST LAKE VILLAS TR33 a 1 KINGS PT. KINGS POINT 75 CT 01 PROF. PLAZA m �° WESTW❑❑ f SALES CENTER q PINES l & CLUB HOUSE SPR 7NSG LAKE II ��O 7S p� TR374� 74 CT A NT CIR $"CFO N❑RTHER LH 1 HL114H_LHRtJ.i/ W U CATALINA LAKES PROJECT BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT Exhibit "2" TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Catalina Lakes (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of , 20 , by Catalina Lakes Inc. having an address of 7975 NW 154th Street Suite #400 Miami Lakes Florida 33016, (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest $gth 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 ($1.00) 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 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. M Anthony Mijares, Jr. Corporate Secretary (Corporate Seal) n, o u S. STATE OF FLORIDA : SS COUNTY OF AMmIDCL CATALINA LAKES, INC. ilvio A. Cardoso President 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 Silvio A. Cardoso and Anthony Mijares, Jr. to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that they executed the same. WITNESS my h �1@pge fficial seal this 30th day of October, 2002. *' ""� ILL PEREZ zA 0 #cC907019 •• oQ_ NOTARY PUBLIC, State of Florida r •. T Bondedth� m • 19F= ,'sio'` at Large ( X ) Personally knowri�4EM!�br ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or( X) 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, MC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTE By: z Joe S r iber Mayor Date y_ 7t (.. /7 Z4(4" Oeffrey L. VCity Manager er Date: I / l ° / '0 -b Wedto Q : SS ity Attorney COUNTY OF6X mac. 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 �nczr,r I��" -► �e{�'re�o 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 10 day of :, i,),, rz , 20. DUNE A. W}{liE Notary Public - . P► Q Me C'WriseicinE� 5 %• i lesion ; 01)"2065 Comm 'tonal Notary Assn. Banded By N (k-rPe rsonally known to me, or T 1 az�:' NOTAAY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( )Produced identification 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 writteW." ATTEST: 2 �13 (Corporate Seal) STATE OF FLORIDA COUNTY OF -bC0 SS COMMERCEBANK, N.A. By: S V} '� Sonia Olarte, SVP 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 SD" >> CL Zla' f e to me known to be the person(s) described in and who executed the foregoing instrument and -'N acknowledged before me and under oath that sl,c executed the same. WITNESS my hand and official seal this / I-1'' day of ve,i)A. erz 20LZ-. y`Y"•w�,y ROSAURA JIMENEZ 's Notary Public - State of Fwjda • • _ MY Commission E*w Jul 20. ZVI Commission 9 DD133852 „ Bonded By National Notary Assn.qr W 4W (aPersonally known to me, or ( ) Produced Identification ( ) DID take an oath, or ( L - L& L.L_Cz LbyLC)Lt N TARY PUBLIC, 8tate of F16Tfda at Large iti�C'cCtc� �" J71 Jk'/a4z (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) DID NOT take an oath. 981208 5 Blanket Public Safety ingress/Egress Easement EXHIBIT A LEGAL DESCRIPTION: PARCEL ''A''KINGS POINT COMMERCIAL PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 150, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 6.01E ACRES, MORE OR LESS. r