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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-237Temp. Reso.#7954 July 21, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97-c.237 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 TRACT 24 ASSOCIATES, INC., FOR THE CORAL COVE PROJECT LOCATED ON THE SOUTHEAST CORNER OF NW 81ST STREET AND NOB HILL ROAD TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer, Tract 24 Associates, Inc., is constructing a multi- family residential development for the Coral Cove Project located on the southeast corner of NW 81st Street and Nob Hill Road (attached hereto in map form as "Exhibit 1 ") in accordance with the Site Plan as approved by the City Commission on November 23, 1994; 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, Tract 24 Associates, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Coral Cove Project; and Temp. Reso.#7954 July 21, 1997 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Tract 24 Associates, Inc., be approved and executed for the Coral Cove 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 Tract 24 Associates, Inc., be approved and executed for the Coral Cove 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 Tract 24 Associates, Inc., be approved and executed for the Coral Cove Project located on the southeast corner of NW 81st Street and Nob Hill Road. 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 I Temp. Reso.#7954 July 21, 1997 3 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 V day of ac.��9--�i 1997. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HR BY CERTIFY that I have w6rovk this RESOLUTION as for . ITCH S KP CITY A RN TR/dav/aml tt jo, �► �I • w . w MAYOR RECORD OF COMMISSION MAYOR SC IBe DIST 1: COMM. McKAYE DIST 2: WM MISHKIN DIST 3; COMM. SULTANOF DIST 4:.-.�COMM. ROBERTA 14 EXHIBIT 1 TEMP. RESO. # 7954 C14/CYPRESS CREEK CANAL 83 ST 83 ST S11U HGATE K D > w 83 ST 82 ST o g 7 Ln o ¢ �`. a �[�� J p �`SPRINGLAKE\ > 81 S T P "- © 3 ° m �p2 tiOti C a 82 ST Li (n 90 v� �� 81 MANOR po J T R P 2. , J 2 J f J a 80 C AyN W t r CT dK °j SECTION 23 m " F �N � yr`9T�Lr WESTW❑❑D 5 102e ` �r����i- � ��- ��• � `�k�? � ' Mx3�ti al cr S P M LOMBARDY T 7Q f �d TR3 8p PL SECTION 23 a x �b E X E T E R " .+ WESTW❑❑D 5A KINGS PT. HUNTINGT❑N p 3 v COMMER. PK, / � n§a w WF 80 CT T R 13 / �t'� T R23 / f �� � , "A. !/j/• ROCKFORD TR28 TR29 u u Y❑RKSHIRE z TR30 p p Li Li w AM//NW �OD %, n 3 3 ASP❑RTS L;u 'E.') m /� LAND SE 5,TR3 E / TR27 77 Sl / 76 Cr EVANGELICAL ° >> COVENANT /> 76 Sr si j 77 G � CHURCH u-) / d �- TR33 � / WEST LAKE VILLAS > KINGS PT. ¢ w \ / 76 D PROF, PLAZA / . \\\�\ A �� / KINGS POINT / m 75 CT \ of WESTWO❑D / Q SALES CENTER %/ q PINES / 3 & CLUB HOUSE / SPRING LAKE 77 p� TR37 p•/ CC) LJ //// v 74 CT L // // — ELf pRr GlR NORTH o WESTW❑❑ 3b, o. S CORALC❑V.DWG CORAL COVE BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT EXHIBIT 2 Temp. Reso.#7954 TAMARAC UTILIDES is BLANKET PUBLIC SAFETY INQRESS/EGRES5 EA5EMFNT PROJECT: Cocal Cove (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this R —day of , 199—L7—, by _ Tract 24 Associates — a- Florida ggneral partnership having an address of 5 Northwest 168th Street, North Miami Bearh Florida 333169, (the "Grantor"), and the City of Tamarac, a Florida municipal Corporation having an address at 7525 Northwest 88th 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 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. 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 961010 1 Bpsiee.wpd �J 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 altered without consent of the Grantee. 961010 K Bpsiee.wpd C7 • IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. ove - Tract 24 Associates T a t 24, Inc. GP ess Type Name/Title $oelto Kassin_ Pres. Type Name-- 6�;�4 Witness Type Name Andrea Y. Fiallo Type N"e/Title Sabg Rehnr. STATE OF FLORIDA SS COUNTY OF�P 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 -KL6m ftv-\A appeared'- u -ovy�f /to me known to be the persons(s) described in and who executed the foregoing instrument ands acknowledged before me that executed the same. WITNESS my hand and offi�r,ra; �pW§ rd day of COMMISSION # CC 521736 EXPIRES JAN 1, 2000 SANDEDTHRU OF RV ATLANTIC BONDING CO., INC. NOTARY PUBLIC, State of Florida at Large /YY1lr. ha�'Mj,) ' A1117hO (Signature of otary Public: Print, Stamp, or Type as Commissioned) ( �) Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( DID NOT take an oath. 961010 3 Bpsiee.wpd. • • • ATTE R it 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. Joe Sc r' er Mayor Date: Or.t.nhPr A- 1 9q7 By 1 A— Ro Noe, Jr., City Manager Date: itchell i ty Attorney V07 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 Joe Schreiber & Robert S. Noe, Jr, to me known to be the person(s) described in and who executed the foregoing instrument and they-. acknowledged before me and under oath that - they executed the same. 199 7 . WITNESS my hand and official seal this s day of October AY PV OFFICIAL NOTARY SEAL ~P Bk� {sHYLLIS POLIKOF' _ COMMISSION NUMBER t r Q CC390392 Yl Q� MY COMMISSION EXP. FOC SEPT 231998 (x) Personally known to me, or ( ) Produced identification �/ El NOTARY PUBLIC, 'e of Florida at Large 2hyllis Polikoff (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( x) DID NOT take an oath. 961010 Bpsiee.wpd EXHIBIT A TO TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT Parcel A, Tamarac Tract 24, according to the Plat thereof recorded in Plat Book 160, at Page 46, of the Public Records of Broward County, Florida. C� • No Text