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Home My WebLink AboutCity of Tamarac Resolution R-2003-074April 9, 2003 - Temp. Reso. #10077 Page 1 of 3 L_l CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- '7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SIDEWALK EASEMENT WITH INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, FOR THE TAMARAC BUSINESS PARK PROJECT, LOCATED AT 6200-6320 HIATUS ROAD 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, pursuant to Section 20-84 of the City Code, the development of the Tamarac Business Park Project, located at 6200-6320 Hiatus Road requires the construction of a sidewalk along Hiatus Road; and WHEREAS, City Code Section 20-85, requires the owner of a property to dedicate an easement to the public when there is not sufficient room within the right-of-way for the construction of a sidewalk adjacent to all property abutting a public street; and WHEREAS, there is not sufficient room within the right-of-way of Hiatus Road to construct the required sidewalk for the Tamarac Business Park Project; and WHEREAS, Industrial Development Co. of America, LLLP, as owner of the Tamarac Business Park Project has offered this Sidewalk Easement, attached as Exhibit A", herein; and April 9, 2003 - Temp. Reso. #10077 Page 2 of 3 WHEREAS, it is the recommendation of the Acting Director of Public Works and the Assistant City Engineer that this Sidewalk Easement be accepted, executed and recorded; 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 authorize the appropriate City Officials to accept, execute and record this Sidewalk Easement with Industrial Development Co. of America, LLLP for the Tamarac Business Park Project located at 6200-6320 Hiatus Road as required for the construction of sidewalks. 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, execute and record this Sidewalk Easement with Industrial Development Co. of America, LLLP for the Tamarac Business Park Project located at 6200-6320 Hiatus Road to allow legal access by the public. Section 3: The City Clerk is hereby authorized and dirbcted to record said document in the Public Records of Broward County. Section 4: That 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. April 9, 2003 - Temp. Reso. #10077 Page 3 of 3 Section 6: and adoption. This Resolution shall become effective immediately upon its passage PASSED, ADOPTED AND APPROVED this 9t" day of April, 2003. ATTEST: a1h ��i A"A- w Ze't 4�L MARION7SWENSON,kMC CITY CLERK I HEREBY CERTIFY that I have approved this ON as to form. CITY ATT JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TA BISC DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS Page 1 of 7 EXHIBIT "A" Temp. Reso. #10077 CITY OF TAMARAC SIDEWALK EASEMENT FOR: Tamarac Business Park NAME OF PROJECT This SIDEWALK EASEMENT made this day ofA,2ri _L, 2003, by Industrial Development Co. of America, LLLP , having an address of 4100 N. Powerline Road, B-2, Pom ano Beach FL 330 ' (hereinafter "Grantor"), and the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 881" Avenue, Tamarac, Florida 33321, (hereinafter "Grantee"). (Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient Estate"); and WHEREAS, Grantor desires to grant unto Grantee a non exclusive sidewalk easement to use a portion of the servient estate. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations paid by each of the parties hereto to the other party, receipt of which is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as follows: Page 2 of 7 EXHIBIT "A" Temp. Reso. #10077 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive sidewalk easement over and upon the servient estate for the installation of a sidewalk. 2. Grantor reserves all rights not herein granted pursuant to this sidewalk easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further sidewalk easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the sidewalk easement herein granted or the exercise of the rights of use thereunder. 3. The provisions of this sidewalk 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. 4. This sidewalk easement shall not be released or altered without consent of the Grantee. 2 Page 3 of 7 EXHIBIT "A" Temp. Reso. #10077 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. W' ness Type Name Ann Mittelman Witnesfir Type Name Pe Briggs_-_ STATE OF FLORIDA : SS COUNTY OF (GRANTOR) Industrial Development Co. of America, LLLP Type Name/Title Lee S. Lasser, Trustee, General Partner Trustee, Type N me/ tle Augustine Ferrera, General Partner Trustee, pe Name/Ti iciOK J. Ferre,ra General Partner 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' ems'°' �`' "r M "ef1-� to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that `Kew executed the same. WITNESS my hand and offici seal this c � day of , 2003 . ( ✓jPersonally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large Ann Mittelman MY COMMISSION # DD023822 EXPIRES ._41 = July 21, 2005 fNo'Pub c:eu in "RPY" RAN(Name onn NVG p, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 3 Page 4 of 7 EXHIBIT "A'' Temp. Reso. #10077 ATTEST: City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE By: f .----- Joe hreiber Mayor Date: B Y ,3effrey LAA119r City Manager Date: / % , .� 0-5 STATE OF FLORIDA Mitchell , 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 to me known to be the person(s) described in and who executed the f egoing instrument and acknowledged before me and under oath thatjLLx executed the same. ' WITNESS my hand and official seal this day of 200,:2. Y Lillian Pabon _*:�- M (COMMISSION # CC882p03 EXPIRES pecembeT 12, 's;� •• BONOEOTHRUTROY FAIN INBURANCL1NC ( personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large L-///' zz..)7�, t) , - (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 al Page 5 of 7 EXHIBIT "A" Temp. Reso. #10077 APPLICABLE We, Lee S. Lasser, Augustine Ferrera,Mich=1�J. Ferrera do hereby affirm that we are the of P and that we have executed a Sidewalk Easement with the City of Tamarac for project and that we are the owners of the property covered by said Sidewalk Easement. There are no mortgages held on the property, which is subject to said Sidewalk Easement. FURTHER AFFIANTS SAYETH NOT. (Signature) Lee S. Lasser, Trustee, General Partner (Signature) AV gustine Ferrera, Trustee, General Partner FQWaa, TnTstee, General Partner This o( day of F-60R-OAZ , 200,E STATE OF FLORIDA COUNTY OF BROWARD 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 Lee S- L&ss-e.r, 14,t os-�► ►� rear, n A i c af. S"._ Pe rms , to me known to be the persons described in and who executed the foregoing instrument and _ acknowledged before me and under oath that executed the same. WITNES my hand and official seal the day of 12003 . ( personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large "ti'"��N- ,, Ann Mittelman MY COMMISSION # DD023822 EXPIRES A July 21, 2005 (Name of Notary Public: Print, Stamp or type as Commissioned) Type of I.D. 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