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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-127Temp. Reso. #10127 May 12, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- %cZ7 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 TRG-TAMARAC, L.L.C., FOR THE ST. ANDREWS AT KINGS POINT PROJECT, LOCATED ON THE EAST SIDE OF NOB HILL ROAD AT 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, TRG-Tamarac, L.L.C., is the developer of the St. Andrews at Kings Point Project located on the east side of Nob Hill Road at 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 1 Temp. Reso. #10127 May 12, 2003 2 WHEREAS, TRG-Tamarac, L.L.C., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the St. Andrews at Kings Point Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with TRG-Tamarac, L.L.C., be approved and executed for the St. Andrews at Kings Point 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 TRG-Tamarac, L.L.C., for the St. Andrews at Kings Point 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 TRG-Tamarac, L.L.C., for the St. Andrews at Kings Point Project, located on the east side of Nob Hill Road at 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 Temp. Reso. #10127 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: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that have approved this RESOLUTION as to form. MI I UHLLL 5. KKAP CITY ATTORNEY JED/DM/db RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABIS DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS EXHIBIT 1 TEMP. RESO. # 101 21 S❑UTHGATE BL D 93 ST T e3 ST a > 7 w SPRING AKE VIL A 7 a ] m 82 ST o g CD o o CD �� ca a ZQ '-' WE 'TWO D 6 81 ST 80 CT SE TI❑N 4 �N T �✓ 9 F 0� 8p Qo �p TR2 TR13-A �-� Dy cf L❑MBARDY'.k A r d�. TR3 EXETER Tz 83 ST S m `SPRIN, AKF�� 82 ST 2 81 MANOR Olb~(v� Q ph Q O 9f J.T �fb SECTION 23 TW❑OD 5 Cr TR24 T SITE 80 PL LOCATION 2 80 qb A 80 ST LAND SEC • %% � ROCKFORDRC]CKF❑RD TR28 j TR29 /. U Y❑RKSHIRE z TR30 GRANVILLE %/j%/ j% W WELD❑N TR15B SEDGEFIELAl, I�//E/N1 b j 3 TR16 0��j % LA SEC, 5 T R 7 a //./ S� 76 CT EVANGELICAL COVENANT % 76 ST CHURCH WEST LAKE VILLAS TR33 KINGS PT. / \\���\\�� � PROF. PLAZA %� � \ \\\ ~ %i KINGS POINT 75 CT �+`O WESTW❑❑ SALES CENTER %� q PINES & CLUB HOUSE % SPRING LAKE pp ) TR37 74 CT CIR Bch ro Cti� N❑RTH ST. ANDREWS AT KINGS POINT BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT Exhibit "2" Temp. Reso. No. 10127 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: St. Andrews at Kinas Point This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day ofdyA_j?_ , 200, by TRG-Tamarac, L.L.C., having an address of 2828 Coral Way, Penthouse Suite, Miami Florida 33145, (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88tn Avenue, Tamarac, Florida 33321 (the Grantee") 14'Aii►1=&1 *d:l 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 300 Garden style apartments 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 ary ' on the day and r year first above written. � (GRAN Witness Type Name/Title ROBERTO S. ROCHA Type Name rC(I mic-ra 4 (olw, EXECUTIVE VICE PRESIOEW T �^ Witness Type Name %� "�`�%J I t/� 1%I ®'cNI Type Name/Title STATE OF FLORIDA : SS COUNTY OF C_ V 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 �?�,/-Ci 5 . to me known to be the person(s) described in and who executed the foregoing instrument and Z acknowledged before me and under oath that executed the same. t WITNESS my hand and official seal this /C,7 day of a,D j-1 20(a. Nf k,belie Quevedo commission A CC 954894 ^ - Expires Aug. 27, 2004 ��iF� Bonded '11ru �����EEle�°�` Auantic BOAdtng 0%, Ina. ()() Personally known to me, or ( ) Produced Identification MARY PUBLIC, State-of-florida t Large 9 (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( J 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 Swenso , CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRA TEE By: Jo chreiber M yor Date: By. Jeffrey L. iller City Manager Date: App d s)to f r Y: 6 Mitchell S. ft, "' : SS ity Attorney COUNTY OF our. : 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 �o��c�t t6er -► y '-,to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that —1-1 � executed the same. WITNESS my hand and official seal this day of Ju e - 200. JUNE A. WHITE -���r Notary Publk -State of Florida _ • _ AAy C.anvr�sgn Expkr a Aug 15 2D06 Commission i QD119L165 Bond©d By National Notary Aun. Personally known to me, or ) Produced identification Qv4u- �-' ;�� NOTARY DYJBLIC, State of Florida at Large Junle, 4. u)h �4--C (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. ATTEST: By: Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF MTAMT-DADS MORTBGAGE HSBC ANK U , a New Y ration By: Type Name Gregory S. Walls PAROOM Vice President -- Regional Manager 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 Gregory S. Walls, as vice Presider,* me known to be the person(s) described in and who executed the foregoing instrument and h" acknowledged before me and under oath that _0 executed ,the same. WITNESS my hand and official seal this /Y day of 20 Dj. *and Regional Manager of HSBC Bank USA, a New York banking corporation OFFICIALNO AAY a � 'IP& SANDRA 5 cil4N nO cC�`RW ss10N Nt�U em '� CC89Etd59 7 P� { hY C,UI MIsslflN FOIFM OFF1.0 272004 ("A Personally known to me, or 'NOTARY PUBLIC, State of Florida at Large ,�� kLIjed X a A A* I (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 5 Blanket Public Safety Ingress/Egress Easement Temp. Reso. No. 10127 Attachment A Parcel "H", of Kings Point Replat, according to the Plat thereof, recorded in Plat Book 156, Page 3, of the Public records of Broward County Florida.