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.
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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
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NORMAN ABRAMOWITZ
MAYOR
REQORD OF OOL*4CL VOTE
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EXHIBIT :L
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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
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05, 20, 96 MON 12: 51 ELK 305 T 21 5833 L.ENNAR ADULT
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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
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TUWBPSIEE
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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
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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.
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TUWBPSIEE
•
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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
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;< Public Jackson '
'i � Notary Public, State of Florida ;
449 Commission No. CC 539151
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( Personally known to me, or
( ) Produced identification
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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
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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.
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