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Home My WebLink AboutCity of Tamarac Resolution (253)Temp. Reso. #9884 August 26, 2002 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-253 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 LENNAR LAND PARTNERS FOR THE VILLAGE OF YARDLEY PROJECT, LOCATED ON THE NORTHWEST CORNER OF NW 96T" AVENUE AND NW 77T" 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, Lennar Land Partners is the Developer of the Village of Yardley Project located on the northwest corner of NW 96th Avenue and NW 77th 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, Lennar Land Partners has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Village of Yardley Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Lennar Land Partners be approved and Temp. Reso. #9884 August 26, 2002 2 executed for the Village of Yardley 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 Lennar Land Partners for the Village of Yardley 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 Lennar Land Partners for the Village of Yardley Project, located on the northwest corner of NW 96th Avenue and NW 77th 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. 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. 1 L7 Temp. Reso. #9884 August 26, 2002 3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11th day of September, 2002. ATTEST: Sw zu�� MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. WITCHELL S. TAFT, CITY ATTORNEY JED/DM/db JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE EXHIBIT 1 I TEMP. RESO. # 1884 C14/CYPRESS CREEK CANAL C14/CYPRESS CREEK CANAL S❑UTHGATE BLVD 83 ST 83 ST 7 w SPRIN AKE VIL r- 82 ST a n 81 ST ��2� tipti PJ u o Q 4 t p 8p dR o�� s TR2 1 < 'y 8o Cr ~ 4ip� 9,oF1�L � LF dy cfP V - // L❑MBARDY P jLF �PdrTR3 �� f EXETER f1 KINGS PT. C❑MMER. PK. TR13 V / HUNTINGT❑N TR23 LAND SEC, ROCKFORD TR28 83 ST 7 a a \�SPRINGLAKE�- v 7 OD °� `ST Ln US o, x a 82 W c) m ('7 z 81 MANOR b h 7 SECTI❑N 23 d' WESTW❑❑D 5 81 CT 1 � r CAMER❑N GARDENS 80 PL SECTION 23 TR24 WESTW❑❑D 5A S P 80 C7 $� 80 'T ��\d 6 TR30 �' fa SITE a O LO ATION > WELD❑N p SEDGEFIELD GI�CC ;, m TAMARACapD %1�� fM, SPORTS COMPLEX LAND SE 5 TR16 TR27 77 Sl 76 n CT EVANGELICAL / COVENANT 76 'T CHURCH y WEST LAKE VILLAS TR33 KINGS PT. y > PROF. PLAZA /\ KINGS P❑INT US7S CT 010 WESTW❑❑D / SALES CENTER a LAKE PINES & CLUB H❑USE / SPRING Ir o� -, 3 TR37 � 7S ST o � j/./ f%/j%l/flff%/ Zm 76 � a 3 VIL_❑F_YARDLEY.DWG VILLAGE OF YARDLEY TAVARAr TMI.TTTFIR BT,ANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT Exhibit "2" TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Village of Yardley (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 1 12th day of Ate, 2002, by Lennar Land Partners a Florida General Partnership, -by Lennar Homes Inc., a Florida Corporation, its attorneV in fact whose address is 1015 North State Road 7 Suite C in the County of Palm Beach and State of Florida, (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 T 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. 980605 1 Public Utility Easement It is acknowledged that Grantor, or its successors, intends to Roadway 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 I 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. 980605 2 Public Utility Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: 1117 David M. Baselice, Ass istan.i.Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF 14) A GRANTOR Lennar Land Partners, a General Partnership By: Lennar Homes, Inc., a Florida corporation, Its attorney -in -fact Doyle D. Dudley, Vice President s 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 tw, EL •i- 1�, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this I day of A- 20C"G-. LISA MEN7KOW f ` )TARY PUBLIC, STATE OF FLORIDA ?MMISSION NO. CC 978719 )MMISSION EXPIRES 312O/2.005 ?5ONALLY KNOWN O OTHER I.D. ( I-Y�ersonally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large i- l ('-. /-i (. i (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ,OID NOT take an oath. 980605 3 Public Utility Easement ATTEST: J By: Marion Swenson, MC City Clerk STATE OF FLORIDA :SS COUNTY OF ACCEPTED BY CITY OF TAMARAC GRANTEE By Joe rS, reiber Mayor Date: 3a� Y 6Jeffrey L. Moer City Manager Date: 9AZZ16�" Appr ISKraft, s to f B z itchel City Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and intCounty of resaid to take acknowledgments, personally appeared I�LQt��(�� , �e6o me know to be the person(s) described in and who executed the foregoing instrument and � acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this w day ofSqdL�, 2019a": ��,,,, JUNE A. WHITE. Q� � %, Publ{c - State of Fww" Notw,A►,��5 NOTARY P BLIC, State of Florida c Cammlaslan * pp114085 at Large Bonded gy National Notary Assn• 'wC� ( Personally known to me, or ( ) Produced identification (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 980605 4 Public Utility Easement IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: MORTGAGEE_) Type Name + Type Name Corporate Secretary Seeretaty Vice President�� (Corporate Seal) STATE OF OHIO 6XM COUNTY OF Cu l 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 C . to me known to be the person(s) described in and who executed the foregoing instrument and _acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this �day of 200k. ( �) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State �hio�� at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) AUSAN I DWANI, Notary public State of Ohio, Cuyahoga County i11iy Commission Expires Juno 13, 2003 Type of` I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 980605 5 Public Utility Easement EXHIBIT "A" DESCRIPTION OF "VILLAGE OF YARDLEY" IN KINGS POINT DESCRIPTION: PARCEL "Y", "KINGS POINT REPLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 156, PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 18.806 ACRES, MORE OR LESS, P:\projectsNIIOSi\legals\desc—y.doc