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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-150Temp. Reso.# 7450 - June 6, 1996 1 CITY OF TAMARAC RESOLUTION NO. R-96- 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 LENNAR HOMES, INC., FOR THE KINGS POINT COMMERCIAL PLAZA PROJECT LOCATED ON THE SOUTHEAST CORNER OF NOB HILL ROAD AND NW 77TH STREET TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PRQYJ 21NG FQRAN EFFECTIVE DATE. WHEREAS, the Site Planning was approved on May 8, 1996 for the Kings Point Commercial Plaza Project located on the southeast corner of Nob Hill Road and NW 77th 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 (n)(1) to provide proper access to private property for municipal services; and WHEREAS, Lennar Homes, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Kings Point Commercial Plaza Project; and Temp. Reso.# 7450 - June 6, 1996 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement be executed with Lennar Homes, Inc., for the Kings Point Commercial Plaza 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 execute a Blanket Public Safety Ingress/Egress Easement with Lennar Homes, Inc., for the Kings Point Commercial Plaza 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 with Lennar Homes, Inc., for the Kings Point Commercial Plaza Project ( attached hereto as "Exhibit 2") located on the southeast corner of Nob Hill Road and NW 77th Street 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. 1 1 Temp. Reso.# 7450 - June 6, 1996 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 40 day of w. ATTEST: I apl CAROL A. EVANS, CMC CITY CLERK CERTIFY that I have CITY A Utilities:dav r NORMAN ABRAMOWITZ MAYOR REQORD OF OOL*4CL VOTE ,6 S6 - /Sze EXHIBIT :L • • • JULAI IS POINT COMMERCIAL PLAZA KPCPBPSE.AWG BLANKET PUBLIC SAFETY INGRES93/31GRBS9 BASEMENT BLANKET- • U \. This BLANKET PUBLIC SAFETY INGRES V EGRESS EASEMENT made this I� day of J , 199 , by LENNAR LIOMES. I having an address of 700 NW U7TH AVENUE, FL A 3 , (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 0 950726 1 TUWBPSIEE ,G - 7 (o - / ,N 05, 20, 96 MON 12: 51 ELK 305 T 21 5833 L.ENNAR ADULT Z002 • \J 0 protection, police protection, emergency and other public safety services, It is acknowledged that Grantor, or its successors, intends to construct buildings 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 aliered without consent of the Grantee, 950726 K TUWBPSIEE • • IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR)L` Type Name/Ti le (_�2�� 'Tiw1 sA�iP T e Name Fypt, Name �T 1a__L. Type Name/Title ASS ,r S61CRcMLAIX STATE OF FLORIDA SS COUNTY OF 3a L• I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to to e acknowledgments, personally appeared �Lj'v) n r, —to me Jknown to be the persons(s) described in and who executed the foregoing instrument and bL acknowledged before me that executed the same. WITNESS my hand and offi ay of 19 9-L . ,fir,%Y Pie OkFICIAL NOTARY REAL USA A TRELL 2 GC► Comm*$" NUMBER CC533365 NOTpF f� �"L� $ r of Flo S nat e of otary Public: P int,5t p,or Type as Commissioned) ( X Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. MIg-1.1 3 TUWBPSIEE • • ATTEST - By: J � �n� , Robert S. Noe, Jr., City Manager ATTEST: By: f Carol A. Evans, City Clerk STATE OF FLORIDA : SS C�I�Ii1 Y 1 �•�i� a :l :z�] �.� Zia] ACCEPTED BY CITY OF TAMARAC GRANTEE By Norman Abramowitz, Mayor / Date: Robert S. Noe, ., City Manager u I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the Couny aforesaid to r a e ck,ow dgTents, personally appeared .r/YI� hrdil7D,cuY ,.Jf.. �1. to me known to be the person(s) described and who executed the foregoing instrument and acknowledged before me and under oath that executed t e same. WITNESS my hand and pfficial seal this f day of �jJV!!!!!!!!!!l!tlllir/IHJJ!lllll!!!!!!l!l!l1l�+V• ;< Public Jackson ' 'i � Notary Public, State of Florida ; 449 Commission No. CC 539151 ortio My Commission Expires 05/14= 'S t•tOt} 4WAAY. FI4NotaryRervieeRaondintCo. %Yf1)1Y11)1)1))1)111)1))yy11)))�)�1))1151)11)11)11 ( Personally known to me, or ( ) Produced identification 950726 I'd /,,1,In 12ZA� -I-) . ddfARY P LIC, State of Florida at Large V/ (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. 4 TUWBPSIEE • E)GUBIT A LEGAL DESCRIPTION: PARCEL `A' KINGS POINT COMMERCIAL PLAZA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 146, PAGE 12, PUBLIC RECORDS BROWARD COUNTY, FLORIDA SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. Page I of 2 EXH I BIT 'A' N. W_ 177H. S r E �.1.7e• (MON O r O x R+yy,Sf' .ar 0- W 4a W A-150.00' rAw�L+c - LALC1E7a+11. sow SS• i e"N COHORM ION OF imor 30ICTVIJI.4 wrtr-rtSSrtS 6� 017.3e' 4d• A � N w 7e• 4r E IiP Oddd �{ d W J ~ _ � � a 0 PARCEL 'A• KNOB POINT COM+lJtCIAL Pl.A2A. ACCORDING TO rn x PLAT THEREOF A7 RECORDED IN PLAT BOCK M. PAGE 1; PU11LIC RECORDS 80OWARG COUNTY, FLORIDA ,AV LAXD$ LYING IN THE PTY OF TAMARAC. BROWAPO COUNTY. FLORIDA. le R- 2-u&Oa D- W 3W 41' 70 AM 2,77 PAI CEL 'A' K24" PgNT RECREAMMAL COLER. 71 � r 5�or�l.w 29�AI'lr►auL1 Nffi!'X!•f„rw � �1� 4 IUN� PST 17 not" pD, 119Pp V24% P'OIHS DENNIS R. POORE, Inc. Ca.Gan• on�., �6701v�v+Re•e iJe••1 Se1M9+ iL ]]067 Ca xl SP M9+ I?O!I F57 1lOD Ax pn art 1.800.940 I303 F•� 17051/57 1770 2 Gl