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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-145Temp. Reso. #8212 April 14, 1998 1 CITY OF TAMARAC RESOLUTION NO. R-98- Z .5 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 ACTIVE SENIOR LIVING RESIDENCE, INC., FOR THE ACTIVE SENIOR LIVING RESIDENCE PROJECT, LOCATED ON THE NORTH SIDE OF NW 57T" STREET BETWEEN NW 915T AVENUE AND PINE ISLAND ROAD, TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Active Senior Living Residence, Inc., the developer of the Active Senior Living Residence Project, is proposing an adult living facility located on the north side of NW 57t" Street between NW 915t Avenue and Pine Island Road (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, Active Senior Living Residence, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Active Senior Living Residence Project; and Temp. Reso. #8212 April 14, 1998 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Active Senior Living Residence, Inc., be approved and executed for the Active Senior Living Residence 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 Active Senior Living Residence, Inc., for the Active Senior Living Residence 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 Active Senior Living Residence, Inc., for the Active Senior Residence Project located on the north side of NW 571" Street between NW 91' Avenue and Pine Island Road. 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. J I Temp. Reso. #8212 April 14, 1998 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. 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of ..; ATTEST: CAR GOLD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as TR/dav/tk MITCHELL'S. CITY ATTO JOE SCHREIBER MAYOR - - RECORD OF COMMIS, MAYOR SCHREIBER DIST 1: COMM. Mr-KAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS VOTE EXHIBIT I C7 • • TEMP. RESO. # 8212 M MCNAB ROAD 0 W w W w glV• LIME r THE GREENS y P� LIME BA Q J BAY i ❑� TAMARAC w W W SEC, II SEC. I COL. W. CLUB HOUSES / � ,I• /// /j j/r 6� j// j j. T / W T ❑D w w w �� /�ja'� 7� w y C RML yco W y w w OLF V W LLASLi W W w P\ w W JT W 4 / ti W = W w u W PN�S �O 4AGpS CIO wLd ss a: W W W w WEDGES sr W��G�wp�pC3 w Zr, Z �' w L7 / j 6e W W •Y W w W WEDGEW❑©D LN W W (63 wST) W W W W w W W� p-. Q W w W A N D SEC �'� �d SANTA ROSA DR. 61 ST �� %r W w W "' a 61 ¢ PARADISE CT BOARDWALK APTS. z PATIO HOME ST 61 ST a 7 ¢ a m'¢ I 6 70 mm PAR. DR BOARDWALK APTS• a z � 1 60 ST am4 % 60 ST 59 PL STANLEY LN. 59 Pl r / / PAR, / / j / �� W Q r 7 Lig wz ar w� / LANDINGS ON PARADISE / / ¢ 59 CT r CYPRESS ESTATES F—� / 59 ST "' ao RADSHAW LN.ow GREENSj/ E. PLUM HARBOR W 59 CT / WATERS �� �� ��� j/ j j EDGE LY❑NS %j z } 58 %j/ 58 PL INDUSTRIAL j/ oZ PARK jj/ j�/i CC? ~ Q V. G. C. PARK 58 / / / 58 ST CC) a ST / MARLEN 57 DR MAI LA DS UNI7/1 v //i , �-- aj m THE TAMARAC a ACTIVE "; Gor- 57 PL g 12 z MIAMI JEWISH HERALD CENTER ° seerm .,' CINNAM❑N HYING _ TREE 00 8741-8767 S7 CT PLAZA ❑FC, BLDG 57 ST 57 ST$ LY❑NS COMM SUB SITE LOCATION SHELL CHEVRON COMMERCIAL BLVD (CO RD 870) w ACTIVE SENIOR LIVING RESIDENCE BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT ,�212, DWG EXHIBIT 2 Temp. Reso.#8212 • r� TAMARAC UTI tTIE BLANKET UB SAF MI3EaS_1EGRE1 S EASEMENT PROJECT: Active Senior Living Residence _ (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of 199 s , by Active Senior Living Residence Inc. having an address of 14450 Stirling Road, Ft. Lauderdale, FL 33330 (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. It is acknowledged that Grantor, or its successors, intends to construct an assisted living facility and other improvements upon the above -described property, and 961010 1 Bpsiee.wpd • • El 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. 961010 N Bpsiee.wpd IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: GRANTOR Type Name Ursula Tokar Type Name Beth Tokarz-Besu Corporate Secretary President S�.� (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF Broward 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 Ursula Tokarz and Beth Tokarz-Besu to me known to be the person(s) described in and who executed the foregoing instrument and she/she acknowledged before me and under oath that she/she executed the same. 1998. WITNESS my hand and official seal this 7th day of April OFFICIAL NOTARYSEAL DARLENE ANN BAKER NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC559136 MY COMMISSION EXP, TUNE 3,2000 ( ) Personally know to me, or ( x ) Produced identification - ��M�� NO Y UBLIC, State of Florida at Large - C-44 Darlene Ann Baker (Name of Notary Public: Print, Stamp, or Type as Commissioned) Florida Drivers Lic.#262-853-66-723--0 Florida Drivers Lic.#262-069-69-908-0 Type of I.D. Produced ) DID take an oath, or ( x ) DID NOT take an oath. 0 961010 3 Bpsiee.wpd • ATT vNoe, Jr., yvManager ATTEST: By: Carol A. Gold, /AAE City Clerk STATE OF FLORIDA SS COUNTY OF BROWARD ACCEPTED BY CITY OF TAMARAC GRANTEE Joe S hreiber Mayor Date: Bs obert S. Noe, Jr., CpyvManager Date:, / 9 to Mitchell S'. Kraft, City Attorney HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State before me and i the Count aforesai to take acknowledgments, personally appeared S, /Uo-c to me kno2p to be the person(s) Id who executed th foregoing instrument and acknowledged under oath that .,16"_ executed the same. WITNESS my hand and official seal this 57 day of , SIR PO OFFICIAL NOTARY SEAL PHYLLIS POLIKOFF COMMISSION NUMBER (�, Y C CC390392 wIr **memswoN mm. RPM' 230998 (✓) Personally known to me, or ( ) Produced identification 1/& 14, A ev NO ARY PUBLIC, ate of Florida at Large ///VZZ/� z, (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. 961010 4 Bpsiee.wpd FIDAVI S ALL BE C P EFED WHEN MOR GE SIG A U E S ...NOT APPLICABLE I Beth Tokarz-Besu do hereby affirm that I am the President of and ;that I have executed a Blanket Public Safety Ingress / Egress Easement with the City of Tamarac for Active senior Living Residence 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 1 day of Aril 1998 STATE OF FLORIDA - Broward SS COUNTY OF . 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 Beth, Takarz-Besu to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that she executed the same. 199 $ _ WITNESS my hand and official seal this 1 day of OFFICIAL NOTARY SEAL` DARLENE ANN BAKER NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC559136. MY COMMISSION EXP. JUNE 3.2000 ( ) Personally know to me, or ( x) Produced identification Darlene Ann Baker April NOTARY PUBLIC, State of Florida t Large `=Ly (Nam of ary Public: Print, °qZ Stamp, or Type as o sioned) ,.Florida Drivers Li.c.#T262-069-69-908-0 Type of I.D. Produced ( ) DID take an oath, or ( x ) DID NOT take an oath.. Is 961010 5 Bpsiee.wpd • • LJ EXHIBIT A ^x V. a! Are xa �afin a°on` N0l•00' 54'E _ 239. 00, I I I o 2 v �- v ' -A I I n ti I N a O I V �m m S _ ■ n -* 200. Oa x I� 500' 0 f ' 37' E 250. 04' v rr^^ r a v J a T a 2 � lyll! 0 m tn " tn pS xx ]C� OR [17 �(\ np 5 m 1 � a� a �^ �� oPp° �t44a _. ii x =� 5 o [ A � r $ s p w bb-r ) U7 �ZO n a O'w rTi R(MU ] Y] N O ll- o zc U T A(y a, IZI, p Q O x b�cd 03 aa- c u, nromm O 0 7n coro.r d zy cl mror "C � 3 Cz oc-2 Lo O5 7 V7 C a -• z 3�' w $y10 YYFiA sa a a - 77