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Home My WebLink AboutCity of Tamarac Resolution R-2000-058Temp. Reso. #8920, February 8, 2000 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH TRAMMELL CROW REALTY SERVICES, INC., FOR THE ZEPHYRHILLS PROJECT, LOCATED ON THE NORTHEAST CORNER OF HIATUS ROAD AND NORTHWEST 67`h STREET, TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES SUCH AS UTILITY, CANAL, FIRE AND POLICE PROTECTION, EMERGENCY AND OTHER PUBLIC SAFETY SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Trammell Crow Realty Services, Inc., the developer of the Zephyrhills Project, located on the northeast corner of Hiatus Road and NW 67'h 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 (1)(3)(a), to provide proper access to private property for municipal services; and WHEREAS, Trammell Crow Realty Services, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Zephyrhills Project; and i r-- L 1 Temp. Reso. #8920, February 8, 2000 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Trammell Crow Realty Services, Inc., be approved and executed for the Zephyrhills 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 accept and execute a Blanket Public Safety Ingress/Egress Easement with Trammell Crow Realty Services, Inc., for the Zephyrhills 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 (attached hereto as "Exhibit 2") with Trammell Crow Realty Services, Inc., for the Zephyrhills Project, located on the northeast corner of Hiatus Road and NW 67" Street. 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 Temp. Reso. #8920, February 8, 2000 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. SFr..TinKj R passage and adoption. 2000. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: CAROL GOL , CMC/AAE CITY CLERK IHE MW/krs/mg f.lVAVal-1 1J IrVE7TP1 MTlw� CITY ATTOR k' day of JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS "Exhibit 2" . TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: ZEPHYRHILLS (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of , 2000 by Trammell Crow Realty Services, Inc. having an address of 1801 North Military Trail, Suite 150, Boca Raton, Florida 33431, (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88t" Avenue, Tamarac, Florida 33321 (the Grantee"). WITNESSETH WHEREAS, Grantor is the fee simple owner of the real property described on • Exhibit "A", attached hereto (the "Property"); and n �J 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 protection, police protection, emergency and other public safety services. 981208 1 Blanket Public Safety Ingress/Egress Easement ! It is acknowledged that Grantor, or its successors, intends to construct a 52,900 square foot free standing structure 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 r1 LJ 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. 981208 2 Blanket Public Safety Ingress/Egress Easement • IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. �i_ (GRANT ) By: �JLi. v i rl o By: Type Name Type Name Pryse R. Elam Corporate Secre ry President (Corporate Seal) STATE OF FLORIDA COUNTY OFSS •�L .�_�� 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 i to me known to be the person(s) described in and who executed the foregoing instrument and _-� acknowledged before me and under oath that k-c,� executed le same. WITNESS my hand and official seal this day of 149= . Qck�b . i�A O RY PUBLIC, State of Florida at Larg , "OD ONIaN09 DUNVIV 0A40 nVi a30NO9 100b "L d3S S*911W3 If 16//9 7)7) # NOISSIWWO:) o (Name WfaM jW".VYic: -'Pfi}ht, Stamp, or type as Commissioned) Personally known to me, or ( ) Produced Identification d ?auk Type of I.D. Produced ( ) DID take an oath, or (-'�-,j'DID NOT take an oath. 981208 A- Blanket Public Safety Ingress/Egress Easement 3 • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ACCEPTED BY CITY OF TAMARAC GRAN E By: Joe 6hreiber Ma or Date: 0 ATTEST- By: CJeff L. Mille By: City Manager Carol Gold, CMC/ City Clerk Date- Approv to for By: % STATE OF FLORIDA Mitchell S. Kraft, / : SS City Attorney COUNTY OF&2vjajz�: L' 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 me known to be the person(s) described in and who executed the for going instrument and - acknowledged before me and under oath that 'lam! executed the same. WITNESS my hand and official seal this 3 day of 20 00, (---rPersonally known to me, or ( ) Produced identification NOTARY PUBLIC, 2 ARYSEAL UNE A WE at Large �, rARY PUHIT BIC STATE OF FLORIDA COMMEMN NO. C.t77SM A Y COUML 5ION EXP. SM ISM tj (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or NOT take an oath 981208 4 Blanket Public safety Ingress/Egress Easement .7 AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Pryse R. Elam do hereby affirm that I am the President of Trammell Crow Realty Services, Inc. and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for Zephyrhills project and that I am the owner of the property covered by said Blanket Public -Safety Ingress/Egress Easement. There are no mortgages held on the property, which is the subject of said Blanket Public Safety Ingress/Egress Easement. STATE OF FLORIDA SS COUNTY OF Palm Beach.: .. f io- • - This day of , 199 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State esaid and in the County aforesaid to take acknowledgments, personally appeared K_�s e_ (c�-�•r, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of��,�� -"-q9 L2 CCC7 NOTARY PUBLIC, State of Florida at Lar P. MARIANNA LOVATT COMMISSION # CC 677914 EXPIRES SEP 7, 2001 1A0 BONDED THRU Personally known to me, or ( ) Produced Identification (Name"'of No'fary `Pu'FI c" Priht, Stamp, or type as Commissioned) Type of I.D. Produced . ( ) DID take an oath, orOO DID NOT take an oath. 981208 Blanket Public Safety Ingress/Egress Easement EXHIBIT "A" • LEGAL DESCRITION PARCEL "A ' TAMARAC 1299 LAND TRUST PLAT AS RECORDED IN PLAT BOOK 151, PG. 13 BROWARD COUNTY RECORDS, CITY OF TAMARAC, FL. 0 L ct• `J a ts �d I�� 6 G� lift N. t a MEW— wrr I WcF1i A — ISIF .i lip ; f` .1 H