HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-179Temp. Reso. #10201
July 24, 2003 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003-- 1 7`/
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 WESTPOINT GOLDCOAST, LTD., FOR
THE GOLDCOAST OFFICE BUILDING PROJECT, LOCATED
AT 5600 HIATUS 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, Westpoint Goldcoast, Ltd., is the owner of the Goldcoast Office
Building Project located at 5600 Hiatus 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
WHEREAS, Westpoint Goldcoast, Ltd., has offered a Blanket Public Safety
Ingress/Egress Easement to the City of Tamarac for the Goldcoast Office Building Project;
and
1
Temp. Reso. #10201
July 24, 2003 2
WHEREAS, it is the recommendation of the City Engineer that the Blanket Public
Safety Ingress/Egress Easement with Westpoint Goldcoast, Ltd., be approved and
executed for the Goldcoast Office Building 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 Westpoint Goldcoast, Ltd., for the
Goldcoast Office Building 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 Westpoint Goldcoast, Ltd., for the Goldcoast Office Building
Project, located 5600 Hiatus Road.
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
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Temp. Reso. #10201
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.
MARION SW ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
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(. CITY ATTO
114871811viICIr
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
TEMP. RESO. # 10201
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BLANKET PUBLIC SAFETY INGRESS EGRESS EASEMENT
Exhibit "2"
Temp. Reso. No. 10201
TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
PROJECT: Goldcoast Office Buildin
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
day of _ u _, 20D,31 by Westpoint Goldcoast, Ltd., having an address of
5600 Hiatus Road, Tamarac, Florida 33321, (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 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 20,000
Sq/ft_ Office Building 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
f
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
Type Name
Corporate Secretary. -
(Corporate Seal)
STATE OF FLORIDA
M49
COUNTY OF,/
(GRANTOR) We--irtpoint Goldcoast,
G�
;y�pe7Name
v -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 _ to 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
I �u7.AN ' ROGERO
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ii','n{lnd . �d(,�!.)! lhiie unrlbf'.rJerS
( ) Personally known to me, or
NOTARY 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 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:
i?
Marion Swenson, CIVIC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Joe Schreiber
Mayor
Date:
By: .-
k 4 Jeffrey L. Wer
p:•" City Manager
Date: S-%C/1,3
Approved des to form:
By:
Mitchell S. Kraft, i
SS City Attorney
COUNTY OF7(�%Gz
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid ,r�d in the County afo a aid_ to take acknowledgments, personally appeared
Sc`�_'�re-`bpi.. �u(,�y C. ��'��f6 me known to be the person(s) described in and
who executed the foregoing instrument and -r ,/,j !� acknowledged before me and
under oath that '�ne-texecuted the same.
WITNESS my hand and official seal thisl day of
20 % �) .
JUP;t A. WHli
`` trot^.ry PublC'Dik -
P,1 0
06
c;emm!�ptAn �n.ttry /1xA
(�) Personally known to me, or
( ) Produced identification
NOTARW PUBLIC, State of Florida
at Large
-:ruti-�-' �-)- C")�' �.
(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
TTa�ad vt7ea ers bs6 bb:ST �e�� �e add
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
By: C '
Type Name �u�+ �s �• ��'�'"l"
kp
(Corporate Seal)
STATE OF FLORIDA
'�V
COUNTY OF
MORTGAGEE Bank of America
0
Type Name
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 to 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 sea[ this day of
20 .
,Ppl wu Patricia L CarroN
r°
�yMy Commission DO170892
"?°f n Expires January 16. 2007
( . ) Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, 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.
961208
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