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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-090Temp. Reso. #9336 March 28, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-90 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 T & H ACQUISITIONS, L.L.C., FOR THE T & H OFFICE BUILDING PROJECT, LOCATED ON THE SOUTHEAST CORNER OF MCNAB ROAD AND BROOKWOOD 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, T & H Acquisitions, L.L.C., the Developer of the T & H Office Building Project located on the southeast corner of McNab Road and Brookwood Boulevard (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 1 Temp. Reso. #9336 March 28, 2001 2 WHEREAS, T & H Acquisitions, L.L.C., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the T & H Office Building Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with T & H Acquisitions, L.L.C., be approved and executed for the T & H 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 T & H Acquisitions, L.L.C., for the T & H 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 T & H Acquisitions, L.L.C., for the T & H Office Building Project, located on the southeast corner of McNab Road and Brookwood Boulevard. SECTION 3: The City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. -I L 1 Temp. Reso. #9336 March 28, 2001 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 251h day of April., 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I h e pp ovey� this ES LUTICIA as to -form. FIX l��M MIT CITY ATT" JAM . T52 • „.- JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKINL DIST 3: V/M SULTANOFL, DIST 4: COMM. ROBERTS EXHIBIT 1 TEMP. RESO. # 9 3 3 6 GREENBRIAR 90 80 PICCADILLY 72 ST 72 ST 7 6 71 CT J WOODMONT SQUARE J� B .nn w > 75 ST a 75 ST i o 10 ^ n 74 PL n n 74 PL O j j 73 ST 73 ST 72 ST rz Q 72 ST 5 / > a > Q ^ o ^ p / 71 ST b co 71 CT c� cu 70 CT 71 ST �4i / MA LANDS 14 > a w �/ - ]OD' 70 ST F" IRCREST 14 70 CT JS j S �/ - �c BANK ZI�� �% / jj/ j/ 70 ST N. kmER. UNITED MJTHJ❑DIST¢�� w ALBERTSON � I Li j%j/jjj%jjj�jji/jj%�jj; 0 CD nz© NATIONS SHELL 2 LAKE �z� Q�� ai BR❑❑KSIDE COVE BANK (69ST,) CQLONY M a z r w 0L) MCA R A D GW BANK TEXAC❑ TAMARAC PLAZA BROOK WOOD BRIST❑L CASABLANCA PLAZA PARK > % CENTER a �,�SCW❑❑L CD/ ---,,WOODLANDS W UNIVERSITY P° 68 ST �N N- y COMMONS % W a Li i SITE W g 67 ST W BELLE n i LOCATION � 7 I� o %/ y TERRE ❑F a 66 ST W TAMARAC r �j MAINL NDS S 15, // y 65 S7 UNI V, 64 CT j > SHOPPES 'ET [1FCS. 64 ST jjf///x�/% W 64 ST y ca E G A N iy- W o PLAT a 63 N 7-]- > 63 j 0 n a a > CT%// \� ILLAGE W 63 ST 63 ST SQUARE > SAINT 62 ST 62 ST- j% , 62 ST MALACHY w > ] a a > //� /j 61 ST 3 zaaz 7 J❑HN H❑RAN a a r� w 3 61 ST TER, > Q �� - g ° > CURTIS °MAN ANDS SE 10 6� 60 GT a FIELD NATI❑NS// vL PLAT BANK a 9 60 ST •j %/ 60 ST j j/ 59 ST �jj /. 59 59 ST j br1 T&H_❑FFICE_BLDG.DWG T & H OFFICE BUILDING BLANKET PUBLIC SAFETY INGRESS / EGRESS EASEMENT r 2 '1ibi G 2 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: T & H Office Building (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESSIEGRESS EASEMENT made this xw—oo day of 1.9Y by c ui Zs.� r.r.r. having an address of _8795 W McNab Road, Suite , 307 Tamarac FL 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 > > Grantor, the receipt and adequacy of which is hereby acknowledged, and for other good I` 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 IngresslEgress Easement It is acknowledged that Grantor, or its successors, intends to construct 8 , 000 s . f . 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 properly 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. y:M 9$1208 2 Blanket Public Safety IngresslEgress Easement, IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. By:. Type Name Corporate Secretary (Corporate Seal) STATE OF FLORIDA ��19 COUNTY OF (GRANTOR By: ��� Type Name 1 b President 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 persons) described in and who executed the foregoing instrument and �_ acknowledged before me and under oath that h-,r-.� executed the same. / WITNESS my hand and official seal this day of ScyJ�a.^yey Z,o 07D ( ersonally known to me, or ( ) Produced Identification NOTARY PUBLIC, State f Flon at Large (Name of Notary Public: Print, Stamp, or type as Commissione, yP&' JO-ANN OGLE z ; COMMIssnN # CC 664442 EXPIRES YA 16, 2001 BONM TMRU OF P ATIAWK BONDING CO., INC 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:, b4z�-,� 24�� Marion Swenson, CIVIC City Clerk STATE OF FLOMDA �9 � ACCEPTED BY CITY OF TAMARAC GRA EE ;� � ._ By. �- Jo chreiber Mayor Date: A �2-7 _p 1 %e�'.�.� 4effery L. iller City Manager Date: 1 A -27.41 as MitchEWS. KI _ _ City Attornev COUNTY OF &DVJMtA 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 /k 99v L M)Ltef= to me known to be the person(s) described in and who executed the foregoing instrument and -Twtw acknowledged before me and under oath that �-y executed the same. WITNESS my hand and official seal this Q day of A-P?-tL- , 20 0► . • • . - '� • R • Y ♦. - • k A 4 A_� ( ✓S Personally known to me, or ( ) Produced identification Qa'�X J-x . �t. NOTARY PUBLIC, State of Florida at Large d>WO M • LCz>N IAW0 W S ILA (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 4 Blanket Public Safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE 1, v ,, )- DMA do hereby affirm that I am the of "f & 14 .. P G a o . s„ in „o s 4,L c r and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for -r4 i+ o �= rs � J I..�. - .6 project and that 1 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 . FURTHER AFFIA T SAYETH NOT. ari• (Signature) This )-x day of Pv O u S i 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 foregoing instrument and h acknowledged before me and under oath that L - executed the same. WITNESS my hand and official seal this Zz14 day of _ Ahu sP 4QQ- NOTARY PUBLIC, of Fton at Large (personally known to me, or ( ) Produced Identification (Name of Notary Public: Print, Stamp, or type as Commissioned) P JO_ANN OGLE i % COMMISSION # CC 664442 EXPIRE 2001 D 7MRU OF 4LU' gC*'0JNG Co., INC. 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 Legal Description ALL OF LOT 1, LESS THE NORTH 2 FEET THEREOF, AND THE WEST 75 FEET OF LOT 2, BLOCK 248, LESS THE NORTH 2 FEET THEREOF, OF THE MAINLANDS OF TAMARAC LAKES UNIT FIFTEEN, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 71, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA 4 y EXHIBIT A aAoo=,Daout.FW1aQ •.� I' •---• �. ,a., t .. � ,`a ,Eat I .� - �RSL N [IOCt7'SE- Nr?d9..M OT 1,4 a,J@:'��_ � -.•• _ ._...'"�. `„ = 1�'-_...- "'6�Je.Y'N�� ,�_ �� �.. _. r rt ill 1 , °� r {� I'�+ I I pil ' 171 . ..i .,I a i � � I I t '• �� l a. 1 1 tl rr i °°.• � I I I I _ i; I ' i l I�u I � r; l � ' � �; I � •�; � I I � I \• , - I f •, i ; � I III , tt �7 I q"":-, �•... i�—� 1Iw.....S.w wvi. .r p �' ,.... \I;F: •'�{ :�I ,. SY: 'h e. 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