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
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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
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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
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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
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