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Home My WebLink AboutCity of Tamarac Resolution R-2003-176Temp. Reso. #10204 July 24, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003 - / /(, 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 FIRST EAST SIDE SAVINGS BANK, FOR THE FIRST EAST SIDE SAVING BANK PROJECT, LOCATED AT 9399 WEST 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, First East Side Savings Bank is the owner of the First East Side Savings Bank Project located at 9399 West 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, First East Side Savings Bank, has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the First East Side Savings Bank Project; and Temp. Reso. #10204 July 24, 2003 2 WHEREAS, it is the recommendation of the City Engineer that the Blanket Public Safety Ingress/Egress Easement with First East Side Savings Bank, be approved and executed for the First East Side Savings Bank 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 First East Side Savings Bank, for the First East Side Savings Bank 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 First East Side Savings Bank, for the First East Side Savings Bank Project, located 9399 West Commercial Boulevard. 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 Temp. Reso. #10204 July 24, 2003 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 27T" day of August, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form i MITCHELL S. KRAF CITY ATTORNEY JED/DM/db r' �r JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABI DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS TEMP. RESO. # 10204 g ST %/ TEXAC❑ l d ,' m ¢ LIME %j THE GREENS �Py LIME BAY j BAY %/ OF TAMARAC qSEC, II SEC. I / v Nt j% W COL, W. / CLUB r HOUSE CS w Q' o W T ❑ D 2 P i// //%//LC // / W RAL w w %%j/ �� G) %j/�� LMS w / Q ¢ W 0) w ❑ L F w w w W on' w cb W " V LLAS .�. w w 0, %// S ch Kr GO / � o % 3 w w w w WEDGES 6S E W /f > ui La Lo LAND SEC. 8 WEDGEW❑OD LN %" o' w S w W W W w r(,63 ACT) BOARDWALK APTS, F: SANTA ROSA DR. 61 ST ¢ 61 ST ¢ PARADISE CT 61 ST Z _Z PATI[] HOMES a r 6 T� APTS. a� x m 7 cu 7 I o> m PAR. DR BOARDWALK s a Oti ¢ Q• Q U+ ¢ a z w 60 ST mi / 60 ST II w 5g PL / r PAR, U STANLEY LN. %// %// _% // % %/ %/ % % %j / ti ff Z= 59 PL / LANDINGS ❑N % ¢ 59 CT y PARADISE / / to o> CYPRESS ESTATES / / OD 59 ST Ln 0 xBRADSHAW LN -If m / GREENS (L 59 C T E. PLUM HARBOR WY. % WATERS / / j% • 58 /// 58 PL MILLENUM LY❑NS INDUSTRIAL PARK MIDDLE SCHOOL 58 ST j THE TAMARAC MIAMI JEWISH CHALLANGER HERALD CENTER ELEMENTARY 57 ST SCHOOL LYONS COMM SUB WE)mrS (CO RD 870) w w La w co > 58 ST kb u� M m ao 57 DR MARLEN w MA INLA 4DS UNIT1 :57:L]N PARK r. > °D ¢ n 57 PL CINNAM❑N m TREE 8741-8767 57 CT P1 A7A ❑EC. BLDG 57 ST CHEVRON 1_E_SIDE-SAV INGS_BANK. DWG FIRST EAST SIDE SAVINGS BANK BLANKET PUBLIC SAFETY INGRESS / EGRESS EASEMENT Exhibit "2" Temp. Reso. No. 10204 TAMA_RAC_ UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: First East Side Savinas Bank This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this -4 ; --day of 2003, by First East Side Savings Bank, a Federal Savi and Loan Association, having an address of 11157 Ewing Avenue, Chicago, Illinois 60617, (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 881" 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 a Banking Facility 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) FIRST EAST SIDE SAVINGS BANK By, Witness ,JOHN W. HOOVER, JR. Type Name `' ' Senior Vice President Witness Type Name STATE OF FLORIDA 61� 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 John W. Hoover, Jr. 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 28th day of January, 2003. S r� SHEIiA H. imoSTOWICZ % NOTARY PUBLIC, State of r rida or 4� MY CO ,'uy�pp11 ao,� / at Large 006 14M3-NOTARY rLNcta',(3orxiiny.1 / C. (Name of Notary Public: Print, Stamp, or type as Commissioned) ( Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or( ) DID NOT take an oath. 981208 3 Blanket Public Safety Ingress/Egress Easement C. • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: _ r Marion Swenson, CIVIC City Clerk STATE OF FLORIDA 141 CKoll]►1VKi70:1:ti1TiT/a1Va] ACCEPTED BY CITY OF TAMARAC GRANTEE By. / Joe Schreiber Mayor Date: By: Jeffrey L.Wer City Manager / Date: Approved��.f:o fa�m: By: L Mitchell S. Kra , City Attorney 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 S4r- N1 !'ems me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that t executed the same. WITNESS my hand and official seal this -- day of , 2003. yT JUNE A. WHITE {;� Pdctary pubiIG - Stata of ROM my Expit%fog 15, MW Commission 8 DID119085 ilondod 9y Nsticflai Notary Assn. (� Personally known to me, or ( ) Produced identification 1Wu NOTARY RUBLIC, State of Florida at Large (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 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS APPLICABLE I, JOHN W. HOOVER, JR., do hereby affirm that I am the Senior Vice President of First East Side Savings Bank and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for improvements to be constructed at the Commercial Boulevard and Nob Hill Road project and that First East Side Savings Bank is the owner of the property covered by said Blanket Public Safety Ingress/Egress Easement. There are no mortgages held on the property, which is the subject of said Blanket Public Safety Ingress/Egress Easement. 6"11 MAN12Eel 09we] :4 e SS • COUNTY OF BROWARD FURTHER AFFIANT.SAYETH NOT. Jotm W. Hoover, Jr., Senior Vice President of First East Side Savings B$nk This 281h day of January, 2003. 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 John W. Hoover, Jr., 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 28th. day of Janua�y; 2003. � —' NOTARY PUBLIC, State of ,F orida -A 6 SHEILA H. Mos7owlcz s My COMMISSION # DID 118018 at Large pf�C4@ EXPIRES: July 29,2006 1.800.3N(]TAf{1' - �.. FL, Notary Sarvict3 $ Eionclirjg, kiC (Name of Notary Public: Print, Stamp, or type as Commissioned) �) Personally known to me, or ( ) 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 JUL-30-03 11:46AM FROM - +9549549544 T-400 PAS F-971 o � �gNz� cj CC 2 S2:tCA %R%a yr rz i41a �r Qa� tz z _ o rf n 6 a� r� f �_3 ro x (D w 0 2 0 0 N O x N- N ct E