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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-071Temp. Reso. #10071 March 13, 2003 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-2( 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 SILVERSTEIN ENTERPRISES, INC., FOR THE ARCH ALUMINUM PROJECT, LOCATED AT 10151 NW 67TH 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, Silverstein Enterprises, Inc., is the owner of the Arch Aluminum Project located at 10151 NW 67th 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, Silverstein Enterprises, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Arch Aluminum Project; and 1 Temp. Reso. #10071 March 13, 2003 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Silverstein Enterprises, Inc., be approved and executed for the Arch Aluminum 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 Silverstein Enterprises, Inc., for the Arch Aluminum 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 Silverstein Enterprises, Inc., for the Arch Aluminum Project, located at 10151 NW 671h 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. U 11 1 Temp. Reso. #10071 March 13, 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 9th day of April, 2003. ATTEST: AJJ MARION swENSON, �MC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. CITY ATTORNEY JED/DM/db JOE SCHREIBER MAYOR RECORD OF COMMISSION VO E: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLAN SBAUM-T ABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS I EXHIBIT I TEMP. RESO. # 10071 LN. w < LN. 71 PL TR11 BAILEY > LN. WESTWOOD x Li PERIW NKEL LN. do .11S', W CAP IV 71 S 3EA H BISCUS LN, cllll PALM RIDGE LN. a 7y -7 JEWEL BOX LN, 0% ANGEL WING DR. S MCNAB ROAD 0 TEE PLAT J & J PLAT TAMARAC MARKET PLACE Ls ZEPHYRHILLS 'ZI - , - SITE LOVESHAW MIMA LOVESHAW I.T.W.IT-W- MIM 3;N LOCATION CITY 67 ST 67 ST FURNITURE z �—lzl m AT&T —j" D ul x:z ZU ty X: :DLd <ZD C4 0- < z C UGAN _j WATER C COMPAIOMP NY dW ........................ --- ................................. PUBLIC SERVICES LAND SEC, COMPLEX 7 0. PROPOSED STATE STREET z Lij m LLJ w 0 LLJ > 0 ARCH—ALUM—II.DWG ARCH ALUMINUM BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT Exhibit "2" TAMARAC UTILITIES Temp. Reso . No. 10071 BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Arch Aluminum (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of 'h" , 20 0, by Silverstein Enterprises, Inc., having an address of 10151 NW 67th Street, Tamarac, Florida 33321, (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 a 34,676 sq/ft Office/Warehouse 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 firstAove written. L L'J �'t'A-k 4S (Corporate Seal) STATE OF FLORIDA SS COUNTY OF ,gE'©r...1 Aal> (GRANTOR) By: Type Name / tu& President l� 101-9- 'Gcsl 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 2 �J to me known to be the person(s) described in and who executed the foregoing instrument and I\a-.& acknowledged before me and under oath that �� executed the same. WITNESS my hand and official seal this day of , 20 &3 . SUZANNE ROQERO MY COMMISSION # CC 839848 EXPIRES; September 13, 2003 Bonded Thru Notary Public Underwriters („ /f Personally known to me, or ( ) Produced Identification NOT6RY PUBLIC, ate f 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 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: ATTE]T:-- By: c��O zri ,,uL Marion Swenson, CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jo chreiber Mayor Date: An y: ffrey L. I r City Managdr t/' nntPhdn V l •— / T) '3 By: MitchY1S­.—K ra [rarrill r C 01u SS ` City Attorney COUNTY OF a-J : 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 S to me known to be the person(s) described in and who executed th oregoing instrument ands_ acknowledged before me and under oath that A"— executed the same. WITNESS my hand and official seal this day of , 200. Lillian Pabon COMMISSION # CC882222 EXPIRES , �' ^'IePmber 12, 2003 NSURANCE, INC (personally known to me, or ( ) Produced identification Type of I.D. Produced DID NOT take an oath ( ) DID take an oath, or ( NOTARY PUBLIVta-"te, of Florida at Large ' � Lillian Pabon , MY COMMISSION # CC882222 EXPIRES 1 1 , December I Z 2003 1 ` BONDED TNRUTROY FAIN INSURANCE, INC . (Name of Notary Public: Print, Stamp, or Type as Commissioned) 981208 4 Blanket Public Safety Ingress/Egress Easement 02/06/2003 16:46 FAX 954 570 8844 BUTTERS CONSTRUCTION Q 002 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: By: --�2&04 Type Name -C206 a Corporate Secretary (Corporate Sea[) \Jv rVurru v I M v--) MORTGAGEE By. 7 I Type Name President ST,Al 'OF FLORIDA SS COUNTY O'F v� I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of resaid and in the Cou faresaid to take acknowledgments, personally appeared to me known to be the person(s) described in an ho executed the lbregoing instrument and VA-,5 acknowledged before me and under oath that executed the same. 20WITNESS my hand and official seal this day of � 1'. y P(�� OFFICIAL NOTARY U 0 �C� WENRI(TrA PERKaQR a v COMMISSION NUMBER �rF �� AAe DD050128 OF FAO <.OMMIS,SIONEXPIRES ,t'EP72,2005 Personally known to me, or N ARY PUBLIC, State of Flari at Lar e N40 k, - a Name of Notary Public- Print, Stamp, or type as Commissioned) 1 (V�PrOduced Identification Type of I.D.'Produced (` ) DID take an oath, or ( X DID NOT take an oath. 981208 5 Blanket Public Safety Ingress/BgrMs Easement I k H ro N ro O 2 0 I c-� G C7 A G) c � m A 771 mca8Se ti Iv��Cn2 2 O Y 1 a 77 --I o� m O C7 � y II — 7, 7� II I I m I o33 v Lo n m, I I ^ m I N n cn a� I y II IM II I I wx o 1^ ruTILITY EASENCHT PAL 151. 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