HomeMy WebLinkAboutCity of Tamarac Resolution R-96-007Temp. Reso. # 7205
Rev: 9/19/95
CITY OF TAMARAC RESOLUTION NO. R-967
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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 SHANGRI LA ENTERPRISES, INC. FOR
THE SHANGRI-LA VILLAS AT WOODMONT PROJECT TO
PROVIDE PROPER ACCESS TO THE PROPERTY FOR
MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, development and Site Planning is being proposed for 40 single
family homes and one recreation (pool) center of the Shangri-La Villas at Woodmont
Project located on the south side of Southgate Boulevard between N.W. 81 Avenue and
Pine Island Road (shown 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
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Temp. Reso. # 7205
Rev: 9/19/95
WHEREAS, Shangri La Enterprises, Inc. has offered a Blanket Public Safety
Ingress / Egress Easement to the City of Tamarac for the Shangri-La Villas at
Woodmont Project; and
WHEREAS, it is the recommendation of the Utilities Director that the Blanket
Public Safety Ingress / Egress Easement be executed; 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 Shangri La Enterprises, Inc. for
the Shangri-La Villas at Woodmont Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTIONS The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
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Temp. Reso. # 7205
Rev: 9/19/95
That the appropriate City Officials are hereby authorized to
accept and execute a Blanket Public Safety Ingress / Egress Easement with Shangri La
Enterprises, Inc. for the Shangri-La Villas at Woodmont Project ( attached hereto as
"Exhibit 2")
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 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.
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Temp. Reso. # 7205
Rev: 9/19/95
6-4-03KOI I-13#
passage and adoption.
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This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this /6 day of JA N U NR /
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to fo(ml.
MITCHEYV S. KRAFT
CITY ATTORNEY
Utilities:mw
4
MAYOR
DIST, is
DIST. 2:
DIST. 3:
DIST. 4:
0-,
NORMAN ABR
MAYOR
RECORD OF COMMISSION VOTE
e- %- 1
ESHIBIT 1
11
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/ SUBSTATI❑N V//,
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BANK 0 ,THIS SITE TR47
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80 DR �� 80
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SRANG 3&I—LA VILLAS BLANKET PVSLIC SHANGR I. DWG
SAFETY INGRESS/EGRESS EASEMENT
:2 - �(,, q
le -
This BLANKET PUBLIC SAFETY /INGRESS/EGRESS EASEMENT made this
day off L� % , 199�, by
having an address of
Ft. LaUderdale, F
(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
950726 1 TUWBPSIEE
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 b Grantee in a manner which is cons
istent sistent 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 first above written.
i
ATTEST: I
Type Name Paola I urzio
I
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF
O gri La rprises,I
K
By:
Type Name Domenico Curzio
President
I HEREBY CERTIFY Chat on this day, before me, an Officer duly
4D authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, pers nally appeared !-D%�- C-U i-! a
L�.�
�z�_C' _/. . � V 2-- U to me known to
be the person(s) described in and who executed the foregoing
instrument and —1 acknowledged before me and under oath that
executed the same. �)
WITNESS my hand and official seal this day of
NOTARY • UBLIC, S J�• yi PI..
OFFICIAL NOTARY SEAa= 4rge h4AP 17
MARILYN FRANCE S CASPERONI _ 01111 •..F.Y
NOTARY PJBLIC STATE C�; FLORIDA
COMMISSION NO. C': ;7SQ"-
MYCO of Notary icw�Print,
() Personally know to me, or
( ) Produced identification
Stamp, or Type asCommissioned)
Type of I.D. Produced
( ) DID take anjoath, or ( DID NOT take an oath
i
3
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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:
ATTEST: By: 0. of\
�• �) "
Robert S. Noe, Jr.,
City Manager
ATTEST:
By.
Carol A. Evans,
City Clerk
STATE OF FLORIDA
: SS
COUNTY OF Broward
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By:
Dat
By:
Robert S. Noe, Jr., "
City Manager
Date: (O
Ap r v as to orm:
B /
Mitchell S. raft,
City Attorney
I HEREBY CERTIFY that on this day, before me, an Officer
duly authorized in the State aforesaid and in the Count
aforesaid to take acknowledgments, personally appeared
r57. Noe S2• C/a e known to be the person ( ) described in and IVWY6t2
who executed e oing instrument and - acknowledged
before me and under oath that Z execute/ the same.
WITNESS my hand and official seal his l9_ day of
199.�Q,
RYh OFFICIAL NOTARY e,7.AL NOTARY PUBLIC, St e of Florida
dP UA�i KAREN LEE .=KSON
a at Large
* CDlIMIS$IQN N11415tR
' CC201575
MY COMMISSION EXP.
`�QF FICA MAY 14.1996
C') Personally known to me, or
( ) Produced identification
&fu
(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
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MiPMGHUN ENGINEERING
ENGINEERS -SURVEYORS
EXH-tBill, A
400 North&&" T W Avenue
PT. LAUpEti;liAl.>E, FEA) IDA UNI
Telephone (us) 743.1411
Telecopier (eoa) 763.741a
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A portion of Tract 21 of FLORIDA FRUIT LANDS CO, SUBDIVISION No.2 of
Section 33, Township 48 South, Range 41 East, according to the plat thereof, recorded
in Plat Buok 1 at Page 102 of the Public Records of Palm Beach County, Florida,
together Nith a portion of Tracts 3 and 4 of FORT LAUDERDALE TRUCK FARMS
SUBDIVISION of Section 4„3ownship 49 South, Range 41 East, according to the plat
thereof recorded in Plat book 4, Page 31 of the Public Records of Broward County,
Florida; all being more particularly described as follows:
Commen--ing at the Southwest corner of said Section 33; thence S. 870 39' 57" E, along
the South line of said Section 33; a distance of 53.05 feet to the Point of Beginning of
this description, thence S. 01 09' 03" E., a distance of 392.86 feet; thence S. 890 33' 35"
E., a distance of 400,00 feet; thence N. 09 09' 03" w., a distance of 435.00 feet; thence
N. 890 3:' 35" W. along the South Right -of -Way line of Southgate Boulevard and being
a line 280.0 feet South of and parallel with as measured at right angles tithe South
Right -of-' Vay lino of the Central and Southern Florida Flood Control District C-14 Canal,
a distanca of 400.00 feet; thence S. 00 09' 03" E., a distance of 42,14 feet to the Point
of Beginning. Said lands situate, lying and being in the City of Tamarac, Broward
County, I lorida, and containing 3,9943 acres more or less.
McLANCIN ENGINEERING CO.
NOTES:
(1) THIS IS NUT A SURVEY.
(2) This sketch reflects all easements and rights-ofwiay as sham on the r -Ii
above referenced plat. I* subject property was not abstracted for gold A. M�aug 1
other easeirerrts. road nnervatiens. or rights-of-%ey of rword by N-vistered Land Surveyor rb.5269
Mclitighlin Engineering C). ,'tatc, of Florida
(3) Beallrgs refer to S 8763)1570 E. for the South line of Section 33,
(4) Description prepared by McLaughlin Engineering Co. this 6th day of
5epteeber 1995. and does not infer title or cowship.
(5) P.O.B.- Point of Beginni 9. P.O.C.- Point of ComenconEnt. S.W.- Soutfrrest. IgVO.- Boulevard. �<Witwline.
(7) THIS DRAWING IS N0i WC19 UNLESS SE&M WITH M DOLL15ED St1RVEM SEAL.
FIELD BOOK NO.
Joe OROCR NO.
5 -34,98
DRAWN BY
CHECKED BY