HomeMy WebLinkAboutCity of Tamarac Resolution R-96-148Temp. Reso.# 7449 - June 6, 1996 1
RESOLUTION NO. R-96- r 7 a
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE A
BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT
WITH BMS OF BROWARD, INC., FOR THE BUDGET MINI
STORAGE PROJECT LOCATED AT THE 8300 BLOCK OF
UNIVERSITY DRIVE TO PROVIDE PROPER ACCESS TO
THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Site Planning was approved on May 8, 1996 for the Budget Mini
Storage Project located at the 8300 block of University 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 (n)(1) to provide proper access to private property for
municipal services; and
WHEREAS, BMS of Broward, Inc., has offered a Blanket Public Safety
Ingress/Egress Easement to the City of Tamarac for the Budget Mini Storage Project;
and
WHEREAS, it is the recommendation of the Director of Utilities that the Blanket
Public Safety Ingress/Egress Easement be executed with BMS of Broward, Inc., for the
Budget Mini Storage Project; and
Temp. Reso.# 7449 - June 6, 1996 2
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 execute a
Blanket Public Safety Ingress/Egress Easement with BMS of Broward, Inc., for the
Budget Mini Storage 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.
That the appropriate City Officials are hereby authorized to
accept and execute a Blanket Public Safety Ingress/Egress Easement with BMS of
Broward, Inc., for the Budget Mini Storage Project (attached hereto as "Exhibit 2")
located at the 8300 block of University Drive providing proper access to the property for
municipal services.
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hereby repealed to the extent of such conflict.
SECTION 5i 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.
1
passage and adoption.
Temp. Reso.# 7449 - June 6, 1996 3
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approv d this RESOLUTION a
to fo0 r �� 7
U W1IITCHEI
CITY A
Utilities:dav/aml
1
�[p day of --J�tie. 1996.
NORMAN ABRAMOWITZ
MAYOR
PROJECT: Bu et Mini Stora e
This BLANKET PUBLIC SAFETY INGRESVEGRESS EASEMENT made this
day of 1,
12 L 1996 by
having an address of 8300 Block of University Drive,.Tamarac Florida
(the
"Grantor"), and the City of Tamarac, a Florida municipal
Corporation having an address at 7525 Northwest 88th 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
950726 1 TUWBPSIEE
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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 dwellings 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.
950726 2 TUWBPSIEE
IN WITNESS WHEREOF, Owner has hereunto set his hand and seal on
the day and year fi t above written.
ATTEST: OWNER
By. By:
Type Name Victor Brown Type Name David Brown
CciT.,Drate Secretary President , BMS of Broward, Inc.
5901 S.w. 74th St., Ste. 205
South Miami, FL 33143
(CorForate Seal)
STATE OF FLORIDA
SS
COUNTY OF Rd <'-
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 -C�kAv � b S6r ow „., arry 1 CT e +aroc.%.AeV
to me known to
be the person(s) described in and who executed the foregoing
instrument and �h- a� acknowledged before me and under oath that_._
executed the same.
WITNESS my hand and official seal this -19 day of
Q L1 199 (O
(X) Personally know to me, or
( ) Produced identification
40 ( ) DID take an oath, or
NOTARY PUBLIC, tare�ofFlorida
at Large ur1�4t(:L�t h'OT ` Y ST AL
P.DS.4 MARIIA COMLNCUFZ
N-1--xRY PUrLIC STA1;: of FLORTDA
1�1" C I "V 19 1
(Name of Noy'', . I Fv t3c
Stamp, or Type as Commissioned)
Type of I.D. Produced
( X] DID NOT take an oath.
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IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year indicated below:
Signed, sealed and
delivered in the presence of:
ATTES : \
1
By:
Robert S. Noe, Jr.,
City Manager
ATTEST -
By: L
Carol A. Evans,
City Clerk
STATE OF FLORIDA
COUNTY OF Broward
ACCEPTED BY CITY OF TAMA.RAC
GRANTEE
By
Norman Abramowitz,
Mayor
Dat • l� 9
BY:
Robert S. Noe, Jr.,
City Manager
I HEREBY CERTIFY that on this day, before me, an Officer
duly authorized in the State aforesaid and in the Count
afore id to�tae acknowledgments, personally appeared a ,1//�to me known to be the perso (s) described in and
who execute the foregoing instrument and acknowledged
before me and under oath that execu ed the same.
TTNESS my hand a d official
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seal this �� day of
NOTARY Pi7BFJTC, State of Florida
at Large ((//
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
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(}�v) DID take an oath, or ( ) DID NOT take an oath,
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SKETCH OF DESCRIPTION
60 FOOT ACCESS EASEMENT
A PORTION OF LOT 7, BLOCK 12
'LYONS COMMERCIAL SUBDIVISION NO. 3'
PLAT BDOK 7B. PAGE 31 BROMARD COUNTY RECORDS
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LAND DESCRIPTION: N. W. 82n d S TREE T
THE SOUTH 60.00 FEET OF THE NORTH 62.50 FEET OF THE WEST
10 FEET OF LOT 7, BLOCK !2, -LYONS COMMERCIAL SUBDIVISION
NO, 3', ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 76. PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA. SAID LANDS LYING AND BEING IN THE CITY OF TAMARAC.
BROWARD COUNTY, FLORIDA.
SURVEYOR'S NOTES:
L UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR G MAPPER THIS DRAWING,
SKETCH, PLAT 09 MAP IS FOR INFORMATIONAL PURPOSES ONLY AND
IS NOT VALID.
2. LANDS SHOWN HEREON MERE NOT ABSTRACTED FOR RIGHTS -OF -WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD BY
ABSOLUTE SURVEYING INC.
3, BEARINGS SHOWN HEREON ARE RELATIVE TO THE PLAT OF 'LYONS
COMMERCIAL SUBDIVISION NO. 3' AS RECORDED IN PLAT BOOK 76
PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
A BSSLUTE
SURVEYING INC.
LAND SURVEYORS
44 BIRCH DRIVE
COOPER CITY, FLORIDA 33026
(305) 436-6721
LEGEND
P.O.C. DENOTES POINT OF COMMENCEMENT
P.O.B. DENOTES POINT OF BEGINNING
P.Q.T. DENOTES POINT OF TERMINATION
REF.PT. DENOTES REFERENCE POINT
q DENOTES CENTERLINE
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT THIS SURVEY IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT
THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS i
MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
3-/8-9L
DATE:
REVISION
ACCESS EASEMENT
REVISED SKETCH
MITCHEI.L P. MALLORY
PROFESSIONAL SURVEYOR i MAPP
FLORIDA REGISTRATION MD. 4851
PROJECT NO.: 95171
DNNL DATE FB/PG CKD
MAN 2-20-96 NK
NRM 3-18-96
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Exhibit "A"
Lots 4, 5, 6, 7 and 8 in Block 12 of LYONS COMMERCIAL SUBDIVISION
NO. 3, according to the Plat thereof recorded in Plat Book 76, at
Page 31, of the Public Records of Broward County, Florida.
EXHIBIT I
VETERANS' PARK
LOCATION
C14/CYPRESS
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BUDGET MINI STORAGE
BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT