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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-165Temp. Reso. #8233, April 23, 1998 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- /6� 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 OCEANIC ROSE DEVELOPER, INC., FOR THE TAMARAC ISLAND PROJECT, LOCATED ON THE SOUTH SIDE OF NW 77T" STREET BETWEEN NW 75T" AVENUE AND NW 74T" TERRACE, 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, Oceanic Rose Developer, Inc., the Developer of the Tamarac Island Project is proposing a residential community consisting of 45 residential units located on the south side of NW 77" Street between NW 751" Avenue and NW 741h Terrace (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, Oceanic Rose Developer, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Tamarac Island Project; and Temp. Reso. #8233, April 23, 1998 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Oceanic Rose Developer, Inc., be approved and executed for the Tamarac Island 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 Oceanic Rose Developer, Inc., for the Tamarac Island 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 Oceanic Rose Developer, Inc., for the Tamarac Island Project, located on the south side of NW 77" Street between NW 751h Avenue and NW 74th Terrace. 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 Temp. Reso. #8233, April 23, 1998 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 /4 day of9L�, 1998. ATTEST: CARD OLD, CMC/AAE CtVY CLERK I HEREBY CERTIFY that I have 7RI11MMg U1 I V AI I UKIVtY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: WM MISWIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERT.q EXHIBIT 1 AM TEMP. 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(NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of _ jum- _, 199 8 , by Oceaniq Rose DevelDpqE, Inc. having an address of 7112 SW 47 ree Mi lorid 5 , (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" n 9 g p p Y, , 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 residential units 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 961010 1 Bpsiee.wpd • 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 2 Bpsiee.wpd 0 r� u 0 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: .� By:Ar ' ` - Type Name a Corporate Secretary (Corporate Seal) STATE OF FLORIDA COUNTY OF 1VhtKD S5 .- Namee Vice 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 Gonzalo BALMar to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this 17 day of Pk / L , TERESA M. KELSON My Comm Exp. 10/28/2001 F'ueLtKC i Bonded By Service Ins No. CC891871 I 1 Pe —ally Known I I mer I.D. ( ) Personally know to me, or Produced identification NOTARY PUBLIC,'State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Lv.2/� fr �l ✓ S UCE+JSE �S'�.a2 - �S/-�3g-� Type of I.D. Produced ( ) DID take an oath, or ( /) DID NOT take an oath. 961010 3 Bpsiee.wpd • C ATTE By. Ro . Noe, Jr., City Manager ATTEST - By. Carol A. Gold C/AAE City Clerk STATE OF FLORIDA COUNTY OF BROWARD SS ACCEPTED BY CITY OF TAMARAC GRANTEE J By: C �: Joe S reiber Mayor Date: Ji n F 1 n_ 1 C)g A B. obert S. Noe, Jr., City Manager Date: June 10 1998 AppXveq aid to form: 91A hell S. Kraft, Attorney 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 Joe Snhreiher & RohFr,t._S _ _ Nnc- ,T,,.l: _ _ to me known to be the person(s) described in and who executed the foregoing instrument and they acknowledged before me and under oath that they executed the same. WITNESS my hand and official seal this 10 day of June tiP�v PUd OFFICIAL NOTARY SEAL o PHYLLIS POLIKOFF * i * COMMISSION NUMBER 4 CC390392 MY COMMISSION EXP. Of Flo SEPT 231998 NA Personally known to me, or ( ) Produced identification . jxezloa� NOTARY PUBLIC, of Florida at Large (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 • • IN WITNE S WH day and yea fir abov n ATTEST: / I In Type Nofne,ffgzj� Corporate Secretary (Corporate Seal) Mortgagee has hereunto set h Type f -aft President hand.a�eal on the YN c . STATE OF FLORIDA 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 Z c 1 v- i to me known to be the person(s) described in and w o executed the foregoing instrument and h c acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of 199 — _ 4OZ NO at L rv��r Florida ' ROBIN GIANANTONIO My COMMISSION * CC689724 OF SLR 4.XP1RFS; N "'Pthtxr 12, 2001 (Na Print, Stamp, or Type as Commissioned) O Personally know to me, or ( ) Produced identification Type of I.D. Produced DID take an oath, or ( ) DID NOT take an oath. 961010 5 Bpsiee.wpd • LEGAL DESCRIPTION; A PORTION OF TRACT 13, OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 41 EAST AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 13; THENCE NORTH 01'40'13" WEST ALONG THE EAST LINE OF SAID TRACT 13 A DISTANCE OF 738.73 FEET; THENCE NORTH 89,59,090 WEST, PARALLEL WITH THE SOUTH LINE OF SAID TRACT 13, A DISTANCE OF 469.56 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 89'59'09" WEST A DISTANCE OF 396.17 FEET; THENCE NORTH 01'38'32" WEST A DISTANCE OF 550.00 FEET; THENCE SOUTH 89'59'09" EAST OF DISTANCE OF 396.17 FEET; THENCE SOUTH 01'38'32" EAST A DISTANCE OF 550.00 FEET TO THE POINT OF BEGINNING. LAND SITUATED LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA 19INING 217,802 SQUARE FEET OR 5.0001 ACRES MORE OR LESS. C� C7 -p T' I ------------------____—____—_ No1.38'32� 550.00' _ 1 10' PUBLIC UTILITY EASEMENT _ ICE Pal I� I I$ I I I� I I ;, a 10' PUEAJC UTKJ1Y EASEMENT SD1'3W32'F- 550.00 ---------------------- _ S 01'35'32' E U N I V E R 5 _ 3n7.24' T Y D R I V E a R R 4I REMAINDER OF: � T R A C T 1 3 cm FORE LAUDERDALE TRUCK FARMS SUBDNMION P L A T B O 0 K 4 P A G E 3 1 EL C. R. v lI I Fo AVENUE ��I Em 0g z ►n �w N yI _m � y y N.W. 74TH TOTE IV V_eIr Ar,2 -1 NI __---_—_--+ ----- ��I-------_ II' __—_ LOT 7 5, L 0 T 5iliL0T 5 I LOT 4iIIL0T 3 I LOT 2'LOT 1 Rr�/ P. R. D. I e5 U B 0 4,1 S I 0 N I III19 I J P L AI �i B 0 O Id 7 6 P,�1, 0 E 5 �B. C. R.— I � I _ J o ! i� \ N. W. 7..t_4 T HLLL A V E N U E 8 _ _ _ _ _ III g (A-- -- 4 738.73' N 01'40'13' W 1020