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Home My WebLink AboutCity of Tamarac Resolution R-95-164Temp. Reso.7134 Rev. 7/19/95 CITY OF TAMARAC RESOLUTION NO. R-95-104 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 MARTHA JEAN EICHELBERG FOR THE RADIATION THERAPY CENTER PROJECT TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Martha Jean Eichelberg, an individual, has an Agreement to purchase property located at 7900 N. University Drive contingent upon Site Plan approval; and WHEREAS, Martha Jean Eichelberg is constructing a medical office building of the Radiation Therapy Center Project located at 7900 University Drive (shown in map form as "Exhibit 2"); and WHEREAS, a Blanket Public Safety Ingress / Egress Easement is required by City Code Section 24-580 to provide proper access to private property for municipal services; and 1 1 1 Temp. Reso.7134 Rev. 7/19/95 WHEREAS, Martha Jean Eichelberg has offered a Blanket Public Safety Ingress / Egress Easement to the City of Tamarac for the Radiation Therapy Center Project; and WHEREAS, the Blanket Public Safety Ingress/Egress Easement is to be held in escrow until proof of the purchase of the property is presented or until October 26, 1995 at which time it will be null and void requiring no further action; 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 Martha Jean Eichelberg for the Radiation Therapy Center 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 FA 1 1 1 Temp. Reso.7134 Rev. 7/19/95 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 Martha Jean Eichelberg for the Radiation Therapy Center Project ( attached hereto as "Exhibit 1" SECTION 3: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County if proof of the purchase of the property is presented on or before October 26, 1995. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. �iEQTION 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. 3 n 1 Temp. Reso.7134 Rev. 7/19/95 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �2 day of ti110111-1114-1 ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as Utilities/mw MITCHELI. KRAFT CITY AT70RNEY 4 RECORD OF COMM MAYOR ABRAMOWITZ / DIST. 1: V / M KATZ DIST.2: COMM. MiSHKIN DIST. 3: COMM. SCHREIBER DIST. 4: COMM. MACHEK ION VOTE E BLANKET PUBLIC SAFETY INGRESS/EGRESS 1EASEMENT PROJECT: Ee2,I.F nom —I DEtzpp THIS BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT is made this ,PIAWk day of J U 1 19 9!L, by M lc ie M EICHELZELZ& having an address of 1-7 j SE. )0`'- S+tee+) f 1 J _,aC FL ,33� -'( the "Grantor") , to the City of -711D I Tamarac, a municipal corporation 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 0 services to existing utilities, maintenance to existing canals, 930520 - 1 - BPSIEE 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 improve- ments upon the above -described property, and nothing contain- ed herein shall be deemed to prohibit or restrict Grantor or its successors from constructing any buildings or improve- ments 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. Is 930520 -- 2 - BPSIEE E IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. - M IzT�-}�i 7�H1.� ElClalrL�?c�� STATE OF FLORIDA SS COUNTY OF 13A0AIIW: I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared MA1�7i1/k ..ii�7'HV �i►�iL. g�_ to me known to be the person(s) described in and who executed the foregoing instrument and She_ acknowledged before me that ; e executed the same. TNESS my hand and official se 1 is day of hI'nY POO OFMCIAL NOTARY SEAL OHENRY W JOHNSON COMMISSION NUMBER CC339242 MY COMMISSION EXP. OF FtC JAN. 16 19�i8 POTARY PUI$L, State of Florida art Large r,-y W __j ® 'a /✓ Name of Notary Public: Print, Stamp, 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. 930520 - 3 - BPSIEE 1�- Corporate h4414*01M B Y: Robert S. Noe, Jr:, City Manager ATTEST: B y : '--. arol A. Evans, City Clerk STATE OF FLORIDA COUNTY OF SS ACCEPTED BY CITY OF TAMARAC G EE Bloayor rman Abramowitz, Date: _ / 71 5 V By: j�-VVj/j/j, Robert S. Noe, .'r., City Manager Date: App B City Attorney ft, I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the ounty afor said to take acknowl d ements,�personally au eared at to me known to be the Pers�on� s-_) described in and who executed foregoing instrument and � acknowledged before me that executed the same. WI NESS m hand and official seal this �Z day of -, asl . 19 947. qY p(/ OFFICIAL NOTARY SEAL OAP Bri P14VLLIS POLIKOFF t (1 COMMISSION NUMBER C C C390392 off �� MY COMMISSION EXP. �£ fld SEPT 23 1998 ( ✓) Personally known to me, or ( ) Produced identification NOTOARY PUBLIC, S e of Florida at Large ,,4041,ZLZ5- f oLi.N® j:�-c (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. 10 - 4 - No Text .� rrZ..ir r.n i76ci�FsoN SITE o� a 78 CT*� AVALON � ESTATES r f! 78 PL o Q o� co pq ry Q I o Ic co ___j & I I-- = �W w 78 ST i THE CENTRE i WOODMONT77 ST I i �