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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-263Temp. Reso. #8760, September 10, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- cA 63 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 HOMES, INC. AND LENNAR LAND PARTNERS FOR THE EXETER EAST PROJECT, LOCATED ON THE SOUTHEAST CORNER OF NW 80th STREET AND GRANVILLE DRIVE, 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, Lennar Homes, Inc. and Lennar Land Partners, the developer of the Exeter East Project, located on the southeast corner of NW Both Street and Granville Drive (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 Homes, Inc. and Lennar Land Partners, has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Exeter East Project; and 1 Temp. Reso. #8760, September 10, 1999 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Lennar Homes, Inc. and Lennar Land Partners, be approved and executed for the Exeter East 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 K execute a Blanket Public Safety Ingress/Egress Easement with Lennar Homes, Inc. and Lennar Land Partners, for the Exeter East 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 Lennar Homes, Inc. and Lennar Land Partners for the Exeter East Project, located on the southeast corner of NW 801h Street and Granville Drive. 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. #8760, September 10, 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. b�f PASSED, ADOPTED AND APPROVED this /3 — day of 4, 1999. ATTEST: CAROL 6OLD, CMC/ E CITY CLERK I HER C is Rthat I have appr ed t i RESOLUTION to rm. i7 MW/krs/mg MITCHELL SvKRrAF CITY ATTORNEY JOE SCHREIBER MAYOR DIST 1; COMM. PORTWER DIST 2: V[M MISHKIN DIST 3: COMM. SULTANOF DIST d: COMM. ROBERTS EXHIBIT 1 • • 1 0 TEMP. RESO. # 8760 C14/CYPRESS CREEK CANAL " U T H G A T E L V D. SANIBEL 83 ST 83 ST g¢ , > a n ¢ 7 ¢ 82 ST a w 81 S T o 4,4 ~ © z u ¢ ,81 ST 7d r WE TWO D 6 �2 ti ti z r j 80 CT SE I❑N 4 p r §1 ¢ / 90 P TR6 a 8p 0" w /. EXETER p �p ix ti� 9�xlE � WEST SITE ,y LOCATION M pdpfO�jRL❑MBARDY 1IiTIIt EAST �T R 3 TR21 ¢ w ❑NC TRENT jj%/ j/j - KINGS PT. � c� as /j j j %/j/ C❑MMER. PK. � cat a TR14C ///j j///j . /.// TR13 SAND Ile , u OLL Li La GRANVILLE TR15B TR15A a e r FAIRFAXjj/�j ,; LAND SkAtVIVOO, 6SEDGEFIELD, TR16 0o TR27 EVANGELICAL COVENANT Q CHURCH TR33 KINGS PT, PROF. PLAZA r-+ 0 EXETER_EAST.DWG EXETER EAST BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT "Exhibit 2" TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: EXETER - EAST (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this _day of 1911by LENNAR HOMES, INC. AND LENNAR LAND PARTNERS having an address of 4 cl 131 (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88t' Avenue, Tamarac, Florida 33321 (the Grantee"). WITNESSETH 0 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 Publle Safety IngreswEprnsa Enemsrd 0 It is acknowledged that Grantor, or its successors, intends to construct _ 70 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. 0 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 • n LJ IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. �7 Lennar Land Partners, a Florida General Partnership Vffness r al c- . a By: Lennar Homes, Inc. Attorney in Fact print na pursuant to Power of Attorney recorded in Official Records Book 27298, Page 824 of -6 , /L/4 the Public Records of Broward County, Florida to By: print name Doyle D dley, Vice Prgsident STATE OF FLORIDA COUNTY OF BROWARD : SS 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 Doyle Dudley, to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal this G� day of AULI Si ,19 ,J F ri _ JANA R. BLOCK )Personally known to me, or ( )Produced Identification Type of I.D. Produced • /%./ ' L—, IW=.-44 My Comm Ev. 211WO03 ARY PUBLIC, State of F K!mj arge+. CC 809265 Perw"y Kano 1 ) Other I.D. ( )DID take an oath, or ( )DID NOT take an oath. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. fitness Jgrel C - c C'r K print frame ;) print name Lennar Homes, Inc. By: Doyle tudley, Vice President STATE OF FLORIDA COUNTY OF BROWARD : SS 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 Doyle Dudley, to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal this'_ day of ,i 42J ,1919 (�I )Personally known to me, or - L_. 2' l ( )Produced Identification NOTARY PUBLIC, State of Florida at Large Type of I.D. Produced . ( )DID take an oath, or ( )DID NOT take an oath. K3 L JANA R. BLOCK MY Comm UP• 2115/2001'No. CC 809265 P*MG"b 9A 11 Other I.D. • L 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Jeffrey L. M' I r City Manager ATTEST: By: Carol Gold, CMC/AAE City Clerk STATE OF FLORIDA : COUNTY OF 6LL,1dA SS I HEREBY CERTIFY that on this day, before me, an officer duly authorized aforesaid and in the County aforesaid to take acknowledgments, personally appeared -=.i'-T�2 Y L- M//-LrKo me known to be the person(s) described in and who executed the foregoing instrument and �_ acknowledged before me and under oath that %�;y executed the same. ACCEPTED BY CITY OF TAMARAC GRANTEE nn By:C�� Joe S,6hreiber Mayor Date: Jeffery L. Willer"' City Manager WITNESS my hand and official seal this .A, `7—A- day of 4�bcc- 199 r - (personally known to me, or ( ) Produced identification in the State NOTA PUBLIC, State of Florida at Larg ti /4" bo �i rL-" (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (.-YND NOT take an oath 981208 OFFICIAL NOTARY SEAL , JUNE A WRITE NL i ARY PUBLIC STATE OF FL ORMA COMMISSION NO.0077572D 4 Blanket Publi 1Db�6ltb'f�AI6d8H�A6200Z IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST - By: print name (Corporate Seal) STATE OF ILLINOIS COUNTY OF SS FIRST ATIONALa;� BA-NNK OF CHICAGO By: �.l' print name ,'� w; -f- z. I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afor said and in the County aforesaid to take acknowledgments, personally appeared o* to me known to be the person(s) described in and who executed the oregoing instrument and 4 acknowledged before me and under oath that �-Kg _— executed the same. WITNESS my hand and official seal this �_ day of , 199�. OFFICIAL SEAL LXNO'rAFIVENA V 8URNETTE My COMMf3g fo STATE OF ILLINo1S ON EXPIFIES;OS/ 11/00 (J) Personally known to me, or ( ) Produced identification Type of I.D. Produced Notary Public, State of Illinois at Large EDNA V. BURNETTE (name of Notary Public: Print, Stamp, or type as Commissioned) ( ) DID take an oath, or ( ) DID NOT take an oath. 0 p:\projects\1105d\docs\deeds\east-ue2.doc 0 EXHIBIT "A" DESCRIPTION OF FXETER - EAST PORTION DESCRIPTION: THAT PORTION OF PARCEL "E", "KINGS POINT REPLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 156, PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "E"; THENCE SOUTH 27003' 17" WEST, A DISTANCE OF 600.65 FEET; THENCE NORTH 86020'27" WEST, A DISTANCE OF 397.32 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 320.00 FEET AND A CENTRAL ANGLE OF 50042'08", A DISTANCE OF 283.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 35038'19" WEST, A DISTANCE OF 368.66 FEET; THENCE NORTH 54021'41" EAST, A DISTANCE OF 7.01 FEET (THE LAST FIVE DESCRIBED COURSES BEING COINCIDENT WITH THE EASTERLY AND SOUTHERLY BOUNDARIES OF SAID PARCEL "E"); THENCE NORTH 54021'41 " EAST, A DISTANCE OF 40.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 22018'04", A DISTANCE OF 15.57 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 09028'48", A DISTANCE OF 6.62 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 66007'18% A DISTANCE OF 230.81 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 202.50 FEET AND A CENTRAL ANGLE OF 45046'04", A DISTANCE OF 161.76 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21 011'11" EAST, A DISTANCE OF 140.02 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 46036'54", A DISTANCE OF 32.54 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 23022'17" WEST (THE LAST SEVEN DESCRIBED COURSES BEING COINCIDENT WITH THE EASTERLY BOUNDARY OF THE INGRESS AND EGRESS EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 17041, PAGE 482, OF SAID PUBLIC RECORDS); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1160.00 FEET AND A CENTRAL ANGLE OF 03040'59", A DISTANCE OF 74.57 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 62056'43" EAST, A DISTANCE OF 1014.69 FEET TO THE POINT OF BEGINNING (THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE NORTHERLY BOUNDARY OF SAID PARCEL "E"). SAID LANDS SITUATE IN THE CITY OF TAMARAC, SROWARD COUNTY, FLORIDA, AND CONTAIN 16.250 ACRES, MORE OR LESS. 0 0AWPCAOD\LL05MOESC, E.DES No Text LENNAR HOMES, INC. CERTIFIED RESOLUTION I, David B. McCain, Secretary of Lennar Homes, Inc., a Florida corporation, do hereby certify that the following Resolution was duly adopted at a meeting of the hoard of Directors of said corporation duly called and held on November 9, 1994, during which a quorum of Directors was In attendance and acting throughout, and that such Resolution has not been amended or rescinded and is in full force and affect on the date hereof. RESOLVED, that all contracts, leases, deeds, mortgages, satisfaction pieces of mortgages, releases and assignments of mortgages, releases and satisfactions of judgments and any and all other instruments and documents necessary in or which pertain to the business of the company shall be executed and acknowledged on behalf of the company by the President or any Vice President and that the corporate seal shall be affixed thereto and attested by the Secretary or any Assistant Secretary and the execution and delivery of such papers by such officers shalt be considered as evidence of the company's approval of the specific transaction and of the authority of such officers to execute, acknowledge and deliver such papers in connection therewith. I FURTHER CERTIFY that Robert Ahrens is a Vice President of Lennar . Homes, Inc., and In such capacity is authorized to sign documents on behalf of the Corporation. WITNESS my hand and the seal of said Corporation this 25th. day„of.,,,, November, 1998. SEAL 1954 Da CTS.Mc ai Secretary '' p�`Op` •' •7: STATE OF FLORIDA �.,�100 COUNTY OF DADS ""'•N•"'� Sworn to and subscribed before me this day of November 1998, by David B. McCain, Secretary of Lennar Homes, Inc., a Florida corporation, on behalf of the Corporation. He is personally known to me and did1not take an oath. Post -it' Fax Note 7671 dale w o1 To from I'0069 cite Public, State of Morida Cn./popr. t ,r'r ni � OFF ' A. "IAAY •AICo., Plwnu N PI,W,. M !; L •� CC573640 M hex,/_ �'Y Y^ rrr•r�p mVCOMMM610MEKPUIfs ..!;.�.�..� AVC. 10,2000 I