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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-058Temp. Reso. #10053 February 24, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003 -'52 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 ALLGAR, INC., FOR THE ALLGAR OFFICE BUILDING PROJECT, LOCATED AT 7820 NORTH UNIVERSITY DRIVE, 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, Allgar, Inc., is the owner of the Allgar Office Building Project located at 7820 North University Drive (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 11 Temp. Reso. #10053 February 24, 2003 2 WHEREAS, Allgar, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Allgar Office Building Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Allgar, Inc., be approved and executed for the Allgar 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 Allgar, Inc., for the Allgar 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 Allgar, Inc., for the Allgar Office Building Project, located at 7820 North University Drive. SECTION 3: The City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. Ll Temp. Reso. #10053 February 24, 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 26th day of March, 2003. JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION SWE SON, CMC MAYOR SCHREIBER 01-JL- CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS I HEREBY CERTIFY that 1 have approved this RESOLUTION as xo form. ITCRELL,$!N CITY AMR JED/DM/db EXHIBIT 1 TEMP. RESO. # 10053 C T TR53 �' WOODMONT ,& ENDYw] SHOPPESW Lo f- z< C y y W Z) 0� y 0 Z �` W � / LLJ U Q �% o A n ``� OD pq Z 80 CT TR54///�//j W > �. ///////, Ln �. v �• .v v v // yy�// o Q n com W •v ERN CIR 79 ST Z w w TR55 > z �m Q � TR56 > � n °° W / 78 C7 W AVALON n co J r__ m THe pzNes W Cil PA Q A, Q TR75 73 S r w m n Z 81 ST z 80 Q n 791 ST ESTATES 78 CT 78 PL w 78 ST i > W ¢ m n THE CENTRE -iw WO©DM©NT �` P z v, Y U n P R D TAMARAC > w ELEM SITE SCHOOL LOCATION n n 76 DR 76 CT �MARAC!j ./j S,BELL F & D 76 ST LJ 61 PARK TOWN m PLAZA n > n n > n Q 75 S T GREENBRIAR -- _ 9 0 10 Q m n ALLGAR-OFFICE_BUILDING,DWG ALLGAR OFFICE BUILDING BLANKET PUBLIC SAFETY INGRESS / EGRESS EASEMENT Exhibit "2" Temp. Reso. No. 10053 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Allgar Office Building (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of 404U 2063, by Allgar, Inc. having an address of 7820 North UniversitK-Drive,_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 ($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 Easement It is acknowledged that Grantor, or its successors, intends to construct the Allgar 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 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. By: ` Type Name Peter Vittoratos Corporate Secretary �C�rOrae Seal) STATE OF FLORIDA SS COUNTY OF Broward (GRANTOR llgar, zrc. By: Type Name President Michael DiGiorgio 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 Michael DiGicrgjD to me known to be the person(s) 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 90 day of 20_QL. NMAkY PUBLI tat of Florida at Large or David T MOW _ David T . Moog ' My cnmrhlokp RRK _ 0 fog §606r4,4 1 B 1) (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 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: Marion Swenson, CMC City Clerk ACCEPTED BY CITY OF TAMARAC GRANT By: Joe reiber Mayor Date: Jeffrey L. Iler City Manager 71 By: STATE OF FLORIDA Mitc iC* SS City ttorn COUNTY O� HEREBY CF RTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County �aforesaid to take acknowledgments, personally appeared p2 re:►IQ¢,� t +'+a/ C • N/kno me known to be the person(s) described in and who executed the foregoing instrument and 7n.4g acknowledged before me and under oath that executed the same. l WITNESS my hand and official seal this zoo. JUNE A. WHITE Notary Public - Bhte of Florida • e My Conriselon EVkft Aug 15, 2M Commission i D0119065 Bonded By National Notary Assn. ( Personally known to me, or ( ) Produced identification 8 day of , Qwu- (li . );A NOTAPI 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 ( ID NOT take an oath 981208 4 Blanket Public Safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I Michael DiGicrgb do hereby affirm that I am thePresident of Allga.r, Inc. and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for Allgar Office Building 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 Brotiard FURTHER A`FF NT SAYETH NOT. (Signature) This r` day of 24Fua/" , 20_93 . 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 Michael DiGiorgo to me known to be the person(s) 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 Icr day of {tAcA r y, 20 ram. NOTARY PUBLIC, Srate'Sf Fbrida at Large ,►•• David TMwm My Commisslon DD0$YJ$9 David T . Moore 4-j", Expires Sentombtlr i& $do5 (Name of Notary Public: Print, Stamp, or type as Commissioned) ( ) Personally known to me, or (� Produced Identification W, oZ `(O 6 a2a2 d Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 5 Blanket Public Safety Ingress/Egress Easement Exhibit "A" Temp. Reso. No. 10053 BOUNDARY SURVEY GRAPHIC SCALE eo a ao eo (INS) LEGAL DESCRIPTION: 1 imh = 60 & LOT 21, BLOCK 11, LYONS COMMERCIAL SUBDIM31ON NO. LOT 20 3, ACCORDING TO THE PLAT THEREOF, ACCORDING TO THE PLAT THEREOF: AS RECORDED IN PLAT BOOK 76, BLOCK 11 PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. p `�I—� r 15 U.E. 83' 6' PROPOSED 10' PLANTING INGRESS EGRESS ESMT. 15' ESMT. . 1 /2" f U.E. #4531 1 N!!9 47.44-E 29100' (P) 2.91.00' M C? j�­. - LJ i i 177 ! ,—L N LLJ I z w - LOT 21 WI } II!! I m Q w l l 1 BLOCK 11 I a O� it ! Z kI FND. 1 /2" _LR.C. #4531 (P.C.) D. 1 /r SURVEYOR'S NOTES: I.R. 1. ALL BEARINGS OR ANGLES SHOWN HEREON ARE BASED ON THE RECORD PLAT UNLESS OTHERWISE NOTED. 2. THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH IN CHAPTER 61G17--6 FLORIDA ADMINISTRATIVE CODE. 3. iW6 SURVEY OF THE PROPERTY SHOWN HEREON IS IN ACCORDANCE WITH THE DESCRIPTION FURNISHED BY: CLIENT 4. REBARS AND CAPS WERE SET ON ALL CORNERS UNLESS OTHERWISE NOTED, 5. FIELD WORK COMPLETED ON.. 02-14-03 B. THIS SURVEY IS NOT VALID WITHOUT THE SURVEYOR'S SIGNATURE AND EMBOSSED SEAL. 7. ELEVATIONS SHOWN HEREON ARE BASED ON N.G.V.D. OF 1929 UNLESS OTHERWISE NOTED, BROWARD 8. BENCHMARK OF ORIGIN IS COUNTY BENCHMARK No. -,-, 3641 9. THIS SURVEY IS LOCATED W FLOOD ZONE AH PER N.F.I.P. COMMUNITY -PANEL MAP NO. 120058--nIJ0 -F BASE FIRM ELEVATION IS 12.0' FEET DATE OF FIRM IS 10/2/97 10. PROPERTY ADDRESS IS! XXXX UNIVERSITY DRIVE TAMARAC. FI.i1 nA. 11191. NOTE: ;MTI GlE aLva LOCATION MAP NOT TO SCALE 15' FND. 1 /2" WALL I.R.O. U.E. #4531 (2' O/S W) FOR IMPROVEMENT LOCATIONS SEE FINAL SURVEY. I SN394r4rW 293.00' (P) zs W (M) LOT 22 BLOCK 11 I FND. 1/2- I.R.C. #4531 (5' O/S W.) THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS OF THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO CHAPTER 472.027. F.S. NOTE. THE PROPERTY DESCRIBED HEREON HAS NOT BEEN ABSTRACTED TO REFLECT ANY ENCUMBRANCES THEREON BY THE UNDERSIGNED AND/OR DAMS & PURMORT. INC. DATE,• 02--19-03 CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF SURVEY OF THE AB SCRIBED PRD TY IS TRUE AND CORRECT TO THE BEST OF KNO D E D EF A"SURVEYED UNDER MY DIRECTION. PAUL A. DAYM P.L.S. #4531 STATE OF FLORIDA. DAV IS T j SCALE. ? " = 611' DAY 1 S & PURMOR T', l l ]� � V C. DRAWN BY. N.L.R. LB 00007219 DA 7E': 02-19-03 Land Surveyors o Land Development -Consultants . Planners JOB NO; 121595 843 SOUTHEAST 8th AVENUE— DEERFIELD BEACH, FL 33441 F B.IPG. 103/42, FILE Phone: (954) 421-9101 & (954) 698-9101 fax: (954)698-9722 FILE, Su6clivisione %-, Land 4,c Sites Planning Lot Surveys Y Mortgo" Surveys . A-39e Surveys a Topographic Surveys o Record Plots . Condominium Plats. Constnution Layout $HEL T NO. 1 OF 1