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Home My WebLink AboutCity of Tamarac Resolution R-99-128Temp. Reso. #8561 February 26, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99-- ak 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 BUTTERS CONSTRUCTION FOR THE CULLIGAN WATER COMPANY PROJECT, LOCATED ON THE EAST SIDE OF HIATUS ROAD SOUTH OF 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; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Butters Construction, the Developer of the Culligan Water Company Project located on the east side of Hiatus Road south of NW 67' Street (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, Butters Construction, has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Culligan Water Company Project; and 1 Temp. Reso. #8561 February 26, 1999 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Butters Construction, be approved and executed for the Culligan Water Company 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 Butters Construction, for the Culligan Water Company Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: That the appropriate City Officials are hereby authorized to accept and execute a Blanket Public Safety Ingress/Egress Easement (attached hereto as "Exhibit 2") with Butters Construction, for the Culligan Water Company Project, located on the east side of Hiatus Road south of NW 67'h Street. SECTION 3: That 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. 1 1 Temp. Reso. #8561 February 26, 1999 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 A day of , 1999. ATTEST: CAROL6bLD, CMC/AAE CITY CLERK I H EBY CERTIFY that I have pr this RESOLUTION as to for } / V 1 MITCHEI CITY A MW/krs/tk JOE SCHREIBER MAYOR RECORD OF COMMiSS ON MAYOR_ SCHRO MM -- - EXHIBIT I • • • TEMP. RESO. # 8561 CULLIGAN WATER COMPANY BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT CULLIGANTWG "Exhibit 2" TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Culligan Water Company (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of �'V(r%t 19_21 b Butters Construction Y • having an address of 2005 W. Cypress Creek Road Suite 202 Ft. Lauderdale Florida 33309 (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88t" Avenue, Tamarac, Florida 33321 (the Grantee"). W I T N E S S E T H 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 29,185 S.F. Industrial 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 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. E • C] 981208 2 Blanket Public Safety Ingress/Egress Easement C] IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Witness Type Name Melissa Grant Witness Type Name Kurt Schoenfelder STATE OF FLORIDA SS COUNTY OF T� : (GRANTOR) l� Type Name/Title Sam Butters/General Partner Type Name/Title 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 6,+m &4 T,r4'P s to me known to be the person(s) described in and who executed the foregoing instrument and r' 6 acknowledged before me and under oath that //E _—_ executed the same. WITNESS my hand and official seal this fh _ day of (2 199L. NOTARY PUBLIC, State of Florida at Large r� TERESA IA. KELSON MY COmm Ew 1012812001 ✓+ aueuc Bonded By Service Ins No-CC691871 or type as Commissioned) V) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take and oath, or ( X ) 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: t Rob rt S. Noe, Jr. City Manager ATTEST: By: ?�41 , A-0 Carol Gold, CMC/ E City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By- Joe&Areiber Mayor Date:./� By. RobM S. Noe, Jr. City Manager AsM6: Kraft, SS City Attorney COUNTY OF 9�W�5 HEREBY CERTIFY that on this day, befor e, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared 30ESckk-EiP'ckzg 41� S. L'or, (1. to me known to be the person(s) described in and who executed the foregoing instrument and _AL/- — acknowledged before me and under oath that executed the same. I WITNESS my hand and official seal this % day of la^.)C 199� . ( Personally known to me, or ( ) Produced identification NOT Y PUBLIC, State of Florida at Large NWAWSEAL Tt1t� A w"M Air PUB1aC STATE of RA"A (Name 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 • C7 • AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Sam Butters do hereby affirm that I am the Generai Partner of _ Butters .Qnns;tr11c-j-1onand that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for Cuiiigan Water company „ project and that I am the owner of the said Blanket Public Safety Ingress/Egress Easement, property covered by There are no mortgages held on the property, which is the subject of said Blanket Public Safety Ingress/Egress Easement. STATE OF FLORIDA SS COUNT)' OF ,6�2o,yrhga FURTHER AFFIANT S T NOT. �r (Signature This 9thday of March , 1999 . 1 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 Si At 1361TrE& s _ to me known to be the person(s) described in and who executed the foregoing instrument and /tE acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this_day of . 42 AH<C 4�, 199�—. NOTARY PUBLIC, State of Florida at Large pF i� TERESA M. KELSON MY Comm UP- m Pueuco� 8/2001 Bonded By Sendce Ins No. CC691871 or type as Commissioned) ( X) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or O( ) DID NOT take an oath. 981208 5 Blanket Public Safety Ingress/Egress Easement LEGAL DESCRIPTION . A portion of Parcel "B" , S & N PLAT, according to the plat thereof, as recorded in Plat Book 154, Page 38 of the public records of Broward County, Florida, more fully described as follows: Commencing at the Southwest corner of said Parcel "B"; thence North 89°23'12" East on the South line of -said Parcel "B", a distance 29.90 feet to the Point of Beginning; thence continue North 89°23'12" East on said South line, a distance of 236.49 feet; thence North 01 °04'45" West, a distance of 253.34 feet; thence South 89°26'31" West, a distance of 364.05 feet to a point of curve; thence Southeasterly on said curve to the left, with a chord bearing of South 27°40'40" East, having a radius of 902.00 feet and a central angle of 18°10'22", an arc distance of 286.08 feet to the Point of Beginning. Said lands situate, lying and being in the City of Tamarac, • Broward County, Florida, containing 78,263 square feet, or 1.7967 acres more or less. 0 Exhibit "A" • � Yy YY Fitt �{{ 1 jw i • • 0