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Home My WebLink AboutCity of Tamarac Resolution R-2001-283Temp. Reso. #9528 September 12, 2001 1 Revision 1, September 27, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-283 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 CENTEX HOMES FOR THE SOUTHGATE VILLAGE PROJECT, FORMERLY WOODMONT GARDENS, LOCATED AT 8700 SOUTHGATE BOULEVARD, 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, on June 27, 2001, the City Commission approved a resolution to amend the Water and Sewer Developer's Agreement changing the development plan from a 300-bed adult congregate living facility to an 88-unit townhouse community namely Southgate Village. WHEREAS, Centex Homes is the Developer of the Southgate Village Project, formerly Woodmont Gardens, located at 8700 Southgate Boulevard (a copy of which is attached hereto in map form as "Exhibit 1 "); and 1 Temp. Reso. #9528 September 12, 2001 2 Revision 1, September 27, 2001 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, Centex Homes has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Southgate Village Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Centex Homes be approved and executed for the Southgate Village 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 Centex Homes for the Southgate Village 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 Centex Homes for the Southgate Village Project, formerly Woodmont Gardens, located 8700 Southgate Boulevard. L_ 1 Temp. Reso. #9528 September 12, 2001 3 Revision 1, September 27, 2001 SECTION 3: The City Clerk is hereby authorized and directed to record said document 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 101' day of October, 2001. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. rcviuimimg IN JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Aver DIST 1: COMM. PORTNER A ei DIST 2: COMM. MISHKIN Aye, & DIST 3: V/M SULTANOF Ay DIST 4: COMM. ROBERTS -Al & EXHIBIT 1 TEMP. RESO. # 9528 SITE 0 P.S. #2 / L -CATION / F P L X Z SUBSTATION ! EXX❑N w W w W w wSC]OT14C9TE wE.. w eg�Hgr�AvX j MCD❑NALDS W W SHANGRI-LA W w, w! Y P W W FOR W W WN /! 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W W W W W COURSE /!!�f/` !/• ` /!!� w W w W L A N D SEC, r w W w W w •WG❑DMONT w w W W W W W w W W W COUNTRY 'CLUB �a W W W W W W W W W W W W W W W ;11L W W W W S❑UTHGATE_V ILLAGE.DWG SOUTHGATE VILLAGE BLANKET PUBLIC SAFETY INGRESS / EGRESS EASEMENT EXHIBIT 2 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Sov_ . a4_- � c� _ (NA OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this I(V day of J)A, 200( , by C Cn+!Z ' HC'► Ne.,r having an address of # .2a Qay n1 FL 334 3 7 , (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 Easement It is acknowledged that Grantor, or its successors, intends to construct $�!) 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 INf WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and yeiar first above written. Centex Homes, by its (GRANTOR) managing General Partner, Cent Real Estate Corporation By: 7 I 1 By:-y-� Type Name 9 , Type Name T]tFNT,,,BASS Corporate SecretaN V President, Centex Real Estate Corporation (Corporate Seal) STATE OF FLORIDA SS COUNTY OFCtl�11gC)� 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 :IR& Bass 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 to day of J , 200 . , y;' b ERIKA ETCHISAN f*: _• MY COMMISSION # �C 951Mt9 .. EXPIRES: March 17, 2002 �M , +' Bonded Thru Notary Publlo Unda wwwo (✓) Personally known to me, or Ft�� 6SDI NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) ( ) Produced Identification Noy1W21 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:.- - BY: .. r -iVlarion Swenson, CIVIC £ity Clerk -- STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jo hreiber Mayor Date: /0- /0- 0 / effrey L. Oil& City Manager Date: l0-/0-0/ : SS City Attorney COUNTY OF - rotc)a. f a : 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 jkSch"ei b.e,- E JefftLV � 44,"Per to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that 4-hr.r executed the same. WITNESS my hand and official seal this /0 day of 10 LZ , 20 0/ AAAAAAAAAAAAAAA ' • /�• AA A.AA AA * �L A.� ( 4'Personally known to me, or ( ) Produced identification NOTARY PUBLIC, 8tate of Florida at Large �a.it) Y) M. 1.cr Mattis k (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or( -IDID NOT take an oath 981208 4 Blanket Public Safety Ingress/Egress Easement A FIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE -- 2en� 15 a5 c- do hereby affirm that I am the v. President ofcentex Real Estate -Corporation and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for woodmoo+ 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. FURTHER AFFIANT SAYETH NOT. (Signature) This I to day of J.I-U(- , 20 01. STATE OF FLORIDA SS COUNTY OF IlWtch 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 .TP..Y) 12)as�s to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that X executed the same. WITNESS my hand and official seal this (cc day of J.0 Ltd 2001 . r� ERIKA ETCHISON MY COMMISSION # CC 951449 EXPIRES: March 17, 2002 A�1k' Fronded Thru Notary Public Underwriters Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large E1Z11r-a.y-TCO1500 (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 5 Blanket Public safety Ingress/Egress Easement No Text