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Home My WebLink AboutCity of Tamarac Resolution R-95-223Temp. Reso.7__1g4 CITY OF TAMARAC RESOLUTION NO. R-95-A3 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 WEINTRAUB DEVELOPMENT CORP., LONSDALE DEVELOPMENT CORP., GRACLARK, INC. AND DEERCOM, INC. FOR THE POINTE VILLAS PROJECT TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the development, Plating and Site Planning of the the Pointe Villas Project for a 41 unit single family development located on the south side of 77 Street between 96 Avenue and Nob Hill Road (shown in map form as "Exhibit 1"); and WHEREAS, Blanket Plublic Safety Ingress / Egress Easement is required by City Code Section 24-580 to provide proper acess to private property for municipal services; and 1 1 ITemp. Reso.7194 WHEREAS, Weintraub Development Corp., Lonsdale Development Corp., Graclark, Inc. and Deercom, Inc. has offered a Blanket Public Safety Ingress / Egress Easement to the City of Tamarac for the Pointe Villas Project as required by City Code Section 24-580; 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 accept and execute a Blanket Public Safety Ingress / Egress Easement with Weintraub Development Corp., Lonsdale Development Corp., Graclark, Inc. and Deercom, Inc. for the Pointe Villas Project (attached hereto as "Exhibit 2") 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 Iresolution. I I 1-1 Temp. Reso.7194 SECTION 2: That the appropriate City Officials are hereby authorized to execute a Blanket Public Safety Ingress / Egress Easement with Weintraub Development., Lonsdale Development Corp., Graclark, Inc. And Deercom, Inc. for the Pointe Villas 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. 3 I Temp. Reso.Zj-94 SECTION 6: passage and adoption. I PROM This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this I I day of 0 C-fo 6P—r ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as Utilities/mw 1H NORMAN ABRAMOWIT MAYOR MAYOR DIST. 1: DIST. 2: DIST. 3, DIST. 4: RECORD OF COMMMION VOTE ABRAMOWM (Li a V / M KATZ comm. M16 COMM. MACHEK BIT.[ H I B I T 2' TR1 3 TR23 ...... . . . . . LAND SEC. ROCKFORD TR28 TR29 C5 YORKSHIRE z > SEDGEFIELD < LLJ m �,D SPORTS c 0 TR16 TR2 76 f C 7- EVANGELICAL COVENANT' 76 sr CHURCH zwo WEST LAKE VILLAS CL/ ll� �-- :::) TR33 ozo :> KINGS PT. CL Li a: < u PROF. PLAZA (4 co 0 C6 75 CT Z Li-i -i u < SPRINGL,;KE F- LLJ PcLro Y NORTH LOC TION ;-o ASHMONT CIR THI SITIM BELFORT ASHMONT BO-FURI CIR SOur'Ll HIDDEN TR42 TR40 HOLLOW NOB HILL/ WESTWOOD PLAT POINTE VILLAS BLANKET PUBIJC PO I NTV I L. DWG SAFETY INGRESS/EGRESS EASEMENT �6 -1-)3 Poll, WORM PROJECT: Yis BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day o f O�=hL&r - I 199,r , by Weinttaub DeveloyMpjat Carn.. Lo]agdale Development Cor-D., Qraclark, Iag, And ngercom, Inc having an address of 2666 79th StIZVQt Causewav, Suite-608. Miami Beach. Florida 23141—, (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, 950726 1 TUWBPSIEE fire protection, police protection, emergency and other 0 public safety services. 0 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. 930520 - 2 - BPSIEE 1�.q - -L3 J_ , GN' 0 E IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: CORPORATION: Weintraub Development Corp. 74— BY: -C:2M- � Corporite Secretary President (Corporate Seal) STATE OF FLORIDA : : SS COUNTY OF �47X- I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to t- ke acknowl6dgements, personally appeared !:5�ua- to me known to be the person(s) describo in and who executed the forego ,j�ng instrument and -A-e-- acknowledged before me that executed the same. hand and official / ff5� 7-7-- '11$ OFFICIA j?& $ L NOTAFfy SZAL ELLWY K COSrA I C0jWjWj'qSj0'4 tiumeL < ,Q Aly CC265478 O'C FLO, COJWMJS-8�10N 5�7 seal,/this C;�/ day of NOTARY PUBLIC, State of Florida at Large 65t-M;1� K a T-7-'t3 (Name of Notary Public: Print, Stamp, or Type as Commissioned) L4 Personally known to me, or Produced Identification Type of I.D. Produced ) DID take an oath, or ( v1--)-DID NOT take an oath. 930520 - 3 A- BPSIEE is IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. pilvipd*w �4 j P+ Corpor4te Secretary STATE OF FLORIDA SS COUNTY OF CORPORATION: Lonsdale Development Corp. By: ':]Z �— V4r,cPresident (Corporate Seal) 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 to me known to be the I person(s) descrilped in and who executed the foregq�pg instrument and 2U acknowledged before me that -7r-e. executed the same. WITNESS my hand and official U SEAL �Nll' U'q 0 0 y -- ELLEN K Co*TA .0, COMMISSION N UMBER f CC265478 My COMMISSION FEXP� OF FLO Fr:13. Fc- �Ijt�97__ I s �t NOTARY PUBLIC, State of Florida at Large &4-� /� eWJ-7-19- (Name of Notary Public: Print, Stamp, or Type as Commissioned) Personally known to me, or Produced Identification Type of I.D. Produced ) DID take an oath, or ( i.,�DID NOT take an oath. 930520 - 3B- BPSIEE '�' � -, _; 3 0 0 1] IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: Mjf�" CorPordte Secretary STATE OF FLORIDA : : SS COUNTY OF PefO- CORPORATION: Graclark, Inc. B'r: \�Jmpresi ent (Corporate Seal) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County afore * d to 1pkke acknowledgements, personally appeared to me known to he the I person(s) descr�ib�d in and who executed the foreg%L instrument and acknowledged before me that executed the same. rWITNESS my hand and official U 0 �9,, OFFICIAL No 'k, rAFIy SEAL ELLEN IC COS CO#AjWISS TA e ION Nulwoep, 286478 Oor FL09" MV 0 MMIsalaN �Xp. 110��Fsm. #— . Personally known to me, or Produced Identification sea NOTARY PUBLIC, State of Florida at Large 'K' 444rn/ 'AL--C4 S-1-;Pq (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ) DID take an oath, or ( V�DID NOT take an oath. 930520 - 3C- BPSIEE 0 0 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ATTEST: CORPORATION: Deercom, Inc. By: Corporate,Secretary Vio&,President (Corporate Seal) STATE OF FLORIDA SS COUNTY OF �4 J�&-- 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 Nmaf-l- ludwto"W6 . to me known to be the person(s) deser n and who executed the fore��'ng instrument and ��acknowledged before me that K4.� executed the same. my ani� and official I If, Lb - P'Ry P OFFICIAL NOTAny SSAL r ELLEN K COS-r4 CO MM'S$10N NUIA81in 265478 MY COMMISS10ty LT F- se 0�t7 NOTARY PUBLIC, State of Florida at Large (Name of Notary Public; Print, Stamp, or Type as Commissioned) Personally known to me, or Produced Identification Type of'I.D. Produced ) DID take an oath, or ( V-f DID NOT take an oath. 930520 - 3D- BPSIEE 0 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: AT'�' By Robert S. Noe, Jr., City Manager ATTEST: By: Carol A. Evans,CMC, City Clerk ACCEPTED BY CITY OF TAMARAC GRAN-fEE By: Norman Abramowitz, Mayor Date. By: Robert S. Noe, Jr., City Manager Date. p 'ovoai p]: - as to f or=,. By': 4=Z4:;C_- :� / STATE OF FLORIDA: MiechelV S. Kr"af t, SS: City Attorney 5% re I a I .' . -,r4 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-dQKM-f2Aj f9d1Et9140LJ1 7-?- � AAELLS- A106, J-R-- ' to me known to be the person(s) described in and who executed the foregoing inst;ru=ent and Aee4z - acknowledged before an-d ajmdes-g�a� me that Y-htt4e� executd(d the same. a WIPMSS my hand and official -peal this day of 1 gq,5 - "�'Vky P6. OF L NOTMV W-4 MEN LM JACKM NOTARY PUBLIC, St(a/te of Florida CC201576 at L�3;rge MY commesm EXP. <- OF S10 MAY 4,1996 Zee- 42 Wame of w-'-- vvll-� 1 4 13 1- 4 r, i- -i #I (11q� Personally known to me, or StamP, or Type as Commissioned) Produced identification Type of I.D. Produced DID take an oath, or M DID NOT take an oath. EXHIBIT A (Qw I or- Z-) *LEGAL DESCRIPTION A PORTION OF TRACTS 2J AND 24 OF THE FLORIDA FRUIT LANDS COMPANY SUBDIVISION NO.2, OF SECTION 5. TOWNSHIP 49 SOUTH. RANGE 41 EAST. AS RE -CORDED IN PLAT BOOK /, PAGE 102. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDABEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE NORTH 00*06'44*WEST. ALONG THE WEST LINE OF SAID SECTION 5. A DISTANCE OF 2510.67 FEET. THENCE NORTH 80'11'57"EAST, A DISTANCE OF //0-08 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 80'11'57"EAST, A DISTANCE OF J89-12 FEET. THENCE NORTH 06*12'12"WEST, A DISTANCE OF 873.01FEET; THENCE SOUTH 75-45'15*WEST. A DISTANCE OF 129.50 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO'THE LEFT. HAVING A RADIUS OF 1680-00 FEET. AN ARC DISTANCE OF 168.66 FEET. THENCE SOUTH 00*06'44-EAST. A DISTANCE OF 869-03 FEET TO THE POINT OF BEGINNING. 9SAID LANDS FLORIDA AND 1�1 SITUATE, LYING AND BEING IN BROWARD COUNTY, CONTAINING 6.7757 ACRES. 25 F� I L Aa PIM oit4L Saft pe rL; riq LA cz UD (A � rj ri) r1l