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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-051Temp. Reso. #10041 February 14, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- 67 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 FUTURE METALS, INC., FOR THE FUTURE METALS PROJECT, LOCATED AT 10401 STATE 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, Future Metals, Inc., is the owner of the Future Metals Project located at 10401 State 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 WHEREAS, Future Metals, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Future Metals Project; and r-- Temp. Reso. #10041 February 14, 2003 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Future Metals, Inc., be approved and executed for the Future Metals 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 Future Metals, Inc., for the Future Metals 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 Future Metals, Inc., for the Future Metals Project, located at 10401 State Street. 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. C 1 1 Temp. Reso. #10041 February 14, 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 26t" day of March, 2003. ATTEST: I MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. v MITCHELL AF CITY ATTORNEY JED/DM/mg JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS EXHIBIT 1 TEMP. RESO. # 1 OD41 CD JEWEL BOX LN. 21 LrJ jf4 AN(iEL WING DR. 7MCNAB ROZ =0 ST TEE PLAT J & J PLAT TAMARAC MARKET ................. PLACE ....................... ------------------------ ................. TAMARAC 1299 ..-L ! 9 LAND TRUST PLAT CITY FURNITURE a LOVESHAW I.T.W. MIMA ZEPHYRHILLS 67 ST D SUN BELT AT&T PRECISSION ARCH CABLE ALUMINUM CULLIGAN —j -i 1-4 pq z E:l z cl ......................... ................... nz PUBLIC SERVICES LAND SEC, SITE COMPLEX 7 LOCATION z STATE STREET w WESTPORTDWISETSRTI UTITON > Li > CENTRE 1 CL < 0 z a_ 0 C3 SONNYS LL.y aW ENTERPRISES D 0 CK > CONVERGYS OFFICE z BUILDING COMMERCIA BLVD - - - - - - SUNRISE Future-MetaLs-Project.DW(i FUTURE METALS PROJECT BLANKET PUBLIC SAFETY INGRESS / EGRESS EASEMENT Exhibit "2" TAMARAC UTILITIES Temp. Reso. No. 10041 BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Future Metals Inc. (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this s day of 2003 , by Future Metals Inc. having an address of 1 04 1 tate street (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 ($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 Basement It is acknowledged that Grantor, or its successors, intends to construct 58, 400 SF office/whse. 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 ritten. (GRANTOR) ure Metal ,Inc. By: By: Type Name Type Name Corporate Secretary President (Corporate Seal) STATE OF FLORIDA SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afoLQWd and i he my aforesaid to take acknowledgments, personally appeared C° I to me known to Pe the person(s) described n who execu ed the oreg tecuted g instrument and acknowledged before me and under oath that the same. WITNESS my hand and official seal this day �:a" 200 ■ • ,,.. • 'f Sri'• (><Personally known to me, or ( ) Produced Identification DID take an oath, or ( NOTARY,,' , Florida at Large Zlr (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) 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, CMC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRAN By: Joe eiber Mayor Date: By: Jeffrey L. I r 61 City Manager Date: 3/a-b/v 3 II S. Kraft, 00 : SS 'City Attorney COUNTY OF 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 _ mbar -tTU4w C.../�.:1_I.I Qt- tome known to be the person(s) described in and who executed the foregoing instrument and 144 acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this o24 day of &cc, 200. JUNE A. WHITE_ �Afl�rry vpfr Perri i ,#%AW 1,% 2DM Commission # 130119085 Bonded By National Notary Aun- ( Personally known to me, or ( ) Produced identification Q. >,�& NOTARY PUBLIC, State of Florida at Large ,:::LN,,— A-- Arm (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (,T�D NOT take an oath 981208 4 Blanket Public Safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE do hereby affirm that I am the a of y �e 3�7*4L and that I have execud a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for fY•t lle. AAQ.-{�p�LS project and that I am 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. STATE OF FLORIDA SS COUNTY OF : FURZEAFFIANT S ETH N . (Sign re) This /-3 day oiC .....� 200.E I I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of r id and th County aforesaid to take acknowledgments, personally appeare � to me known to be the person(s) describe nd who exec ted the for Ding instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this % day oft" , 200_,�_. Personally known to me, or ( ) Produced Identification of.'41, v (Name° *f. Notary:; P blii�'ri p or type`a19,'Cori is n ,+ ++ � �'•�:'"�` (\I Type of I.D. Prod ced NOTARY PUBL at Large Cl�', e4 /-' . >j DID take an oath, or ( ) DID NOT take an oath. 981208 5 Blanket Public Safety Ingress/Egress Easement 31�1 'w !j ° d x d d d 1 ! 6 1 a 1! ! .i ��F " i��x e� " <� " �I E.A ,Ri,i " 1 ,,,x 15i IIH Ili 9 g' �.1 ,� 111 i�� l� ;i��av I�•191 i ,�i Ali�i 1��li ii,��it ��fli 6 09 i %�i�a 19� �ME i;� i���� i��" �`A6i•� �° is ������ r"y�rio« r n.r :�` p I.W�ou Aaw n�YL W1e �� �.— a ww.r..•.on .,, _ ----- �.._.._. — �a w �a r M rro v S E999'54- W 347.44' ��a A• gi a � , a a i P P i F r ! 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