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Home My WebLink AboutCity of Tamarac Resolution R-2003-122Temp. Reso. #10125 May 12, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- /,2 �, 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 NOB HILL LANDINGS, L.L.C., FOR THE WESTWOOD APARTMENTS PROJECT, LOCATED ON THE NORTH SIDE OF WESTWOOD DRIVE JUST EAST OF NOB HILL ROAD, 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, Nob Hill Landings, L.L.C., is the owner of the Westwood Apartments Project located on the north side of Westwood Drive just east of Nab Hill Road (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 1 Temp. Reso. #10125 May 12, 2003 2 WHEREAS, Nob Hill Landings, L.L.C., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Westwood Apartments Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Nob Hill Landings, L.L.C., be approved and executed for the Westwood Apartments 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 Nab Hill Landings, L.L.C., for the Westwood Apartments 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 Nob Hill Landings, L.L.C., for the Westwood Apartments Project, located on the north side of Westwood Drive just east of Nob Hill Road. SECTION 3: The City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. 1 Temp. Reso. #10125 May 12, 2003 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 11th day of June, 2003. JOE SCHREIBER MAYOR ATTEST: CORD OF COMMISSION VOTE: MARION SWE SON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. (.2MITCHEYLL41(/Sl FT CITY ATTORNEY JED/DM/db EXHIBIT 1 TEMP. RESO. # 10125 �❑r �i�' % tR16 `� m a TR 7 `. 7T Sl 76 CT 77 EVANGELICAL ST COVENANT 76 ST Q CHURCH WEST LAKE VILLAS J KINGS PT. Z PROF, PLAZA KINGS POINT OD m 75 CT ol0 WESTWOOD X SALES CENTER %/ & CLUB HOUSE / 4 SPRING LAKE jr C� PINES 7 TR37 S • / j )s � A 77 /,/77j%/rjY/j%��'%/�'. �' 74 CT NORTH pRT > ASHM❑NT CIR G1R f cri 95 W CLAIRM❑ T y g BELFORT ASHM❑NT 73 C B % BFLFdR CIP SOUTH 73 ST 71 TR40 HIDDEN HOLLOW TR42 ? SECTI❑N 2 Pk G NOD HILL/ 72 CT 1�• WESTWOOD PLAT POINT PLAZA J�`tC1 ^� / W ¢ TR41 Mph- pR g 72 ST WES D WEST ti❑D ST 71 T SI E 71 ST o L 71 SECTION 21 d• % % 70 PL v7y 7Q /ji/%j/. j CA IO > a a m 70 C T �%j j/ m E S T OQ D 4 uj uj 0 WESTWOOD os/ 3 m 0 70 ST m ST MCNAB ROAD TEE PLAT J & J PLAT TAMARAC MARKET PLACE .............................................. a a 13 TAMARAC 1299 v, LAND TRUST a PLAT L❑VESHAW I.T,W, MIMA 67 ST A y I a ARCH cy ALUMINUM 0_ g OD� 68 'L TAMARAC GARDENS _-. WEST 67 CT LO��g TAC GAR R ENS E T 3 j WESTWO OD 2 67 ST W 67 66 ) 66 CT 7 ST Iz 4j W Z rn 96 AV W W 65 p�- 1/� 66 ST WEST WOO D_APARTMENTS WESTWOOD APARTMENTS BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT Exhibit "2" TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Westwood Apartments Temp. Reso. No. 10125 This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of , 20 , by Nob Hill Landings, L.L.C., having an address of 3250 Mary Street, Suite 306, Miami, Florida 33133, (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 Sixty -Two (62) apartment units + Office 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. By: Type Name Paul C. Steinfurth Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF (GRANTOR By - Type Type Name Paul C. Steinfurth President I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of said and in the County foresaid to take acknowledgments, personally appearedcujk 0-i1 to me known to be the person(s) described in and who executed t e foregoing instrument and acknowledged before me and under oath that executel the same. WITNESS my hand and official seal this Q day of ur-", 20 0 -'-). Y .V-- CAROL OGDEN Q. MY COMMISSION # DD 142519 EXPIRES: October 11, 2006 ,t B W rnru rftry Poic unaw mwm Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Flo ' a at Large0 \ Yp Go (Name of Notaryblic: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) 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: ) 2�4. An. dM Marion Swenson, MC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRA EE By: Joe c reiber Ma Date: eo I l / v 3 By: < V14Jeffrey L. iller City Manager Date: 7A ov d t r By(L% : � 3 Mitchell S. Kraft, COUNTY OF A!? a.Y.�� " _ � � : SS City Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in t e Count aforesaid to take acknowledgments, personally appeared ecr+�er �s�� L. � Ietr to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that nov executed the same. my`nd WITNESS my hand and official seal this day of wore , 20 03 . JUNE A. WHITE _ '*• "I NOtuy Ppblic - stm* Of Florida NOTA PUBLIC, State of Florida MyCwrl WEjouhQ1�� at Large commission 0 00119085 ,pF, fi Bonded By National Notary Assn. du e R. O��t ( Personally known to me, or ( ) Produced identification (Name of Notary Public- Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (l'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 and year first above written. ATTESTAJ ti r fJ e5s : M By: B . Type Name _ �� k / M �Lt/ 1(2- (FEZ , Type Nan Corporate Secretary xc.s President (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF i — L;- Acrtodih �AfJK� , W �- 1 HEREBY CERTIFY that on this day, before me, an -Officer duly authorize, the State aforesaid and in the County aforesaid to take acknowledgments, persor appeared 14(1M. 91j V zl_/-1zFR to me known to be the perso described in and who executed th4 foregoing instrument and h`C acknowledged before me and under oath that..... 1-1,E executed the same. WITNESS my hand and official seal this M� day of 20 03 . ( dPersonally known to me, or ( ) Produced Identification NgTARY PUBLIC,' State of Florida at Large Ofelia Menendez * j(* My CommkWw CC8=55 (Name of "Notary UMIc: Print, or type as Commissioned) Type of I.D_ Produced ( ) DID take an, oath, or( VfDID NOT take an oath. 981208 5 91enket Public Safety Ingress/Egndss Eeeement day VITto t� A L_ At 615CIC, A,Irt 09 i in ally 1(s) Temp. Reso No. 10125 LOCATION SKETCH A PORTION OF SEC. 5 & 6 TWP. 49 S., RGE. 41 E. CITY OF TAMARAC BROWARD COUNTY FLORIDA KI T C SUBJECT SITE PARCEL ti „s„ o� f -p- ~VE DRI \ �S�wagO Y LEGAL DESCRIPTION: PARCEL "A" OF NOB HILL / WESTWOOD PLAT ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 144 PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TYPE ❑F SURVEY, BOUNDARY & TOP❑GRAPHIC PREPARED F❑Rt NATI❑NAL CONSTRUCTORS REVISIONS: 10-16-00 SHOW ADDITIONAL TREES, HEDGE, BERM AND PARKING TO THE WEST 01-09-01 ADD SURVEYOR'S REPORT AND TITLE REVIEW ONLY. 05-07-01 ADD SITE BENCHMARKS ONLY. CERTIFY T0: STYLES HOLDINGS II, INC CHICAGO ,TITLE INSURANCE COMPANY LEVINE & PARTNERS, P.A. TOTALBANkC A FLORIDA BANKING CORPORATION SURVEYOR'S CERTIFIC E I HEREBY CERTIFY THAT THIS SURVEY IS TRUE AND EC T TH BEST OF MY KNOLEDGE AND BELIEF AS RECENTLY SURVEYDED AN AW DER Y DIRECTION AND MEETS THE MINIMUM TECHNICAL STANDARS SET TH THE LORIDA STAT BOARD OF LAND SURVEYORS IN CHAPTER 61G17-6 ID DMIN RATIVE C PURSUANT TO SECTION 472,027 FLORIDA STATUE L, AND SUP EY❑RS, i.NC, AUTHENTIC C❑PIES OF THIS *� SURVEY SHALL BEAR THE NE DRIGUE RESIDE RAISED SEAL THE ATTESTING REGISTERED REGIS RED LAND Sl YOR 4277 LAND SURVEYOR STATE OF F ❑RIDA, DATE, 10/11/2000 PENINSULA LAND SURVEYCIRS,INC, . N SCALES T.S. LAND DEVELOPMENT CONSULTANTS JOB ORDER:T- 002768 SURVEYORS - PLANNERS CAD FILE, LD TAMARAC CONSTRUCTION LAYOUT F.B. 109 PG. 59 13113 NW 42ND AVENUE, 2ND FLOOR MIAMI, FLORIDA 33054 FILE No,, A - 1019 SHEET 1 ❑F. 6 PHONE (305) 687-9191 FAX (305) 687-9190