HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-122 Temp. Reso. #13358
October 21, 2019
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2019
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, ACCEPTING A BLANKET PUBLIC
SAFETY INGRESS/EGRESS EASEMENT WITH TAMARAC
INDUSTRIAL VENTURE, INC., FOR THE TAMARAC
EXCHANGE PROJECT, LOCATED AT 6899 HIATUS ROAD,
TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR
MUNICIPAL SERVICES SUCH AS UTILITY, CANAL, FIRE
AND POLICE PROTECTION, EMERGENCY MEDICAL AND
OTHER PUBLIC SAFETY SERVICES; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
EASEMENT; AUTHORIZING AND DIRECTING THE CITY
CLERK TO RECORD SAID DOCUMENT IN THE PUBLIC
RECORDS OF BROWARD COUNTY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
•
WHEREAS, Tamarac Industrial Venture, Inc., is the owner of the Tamarac
Exchange Project located at 6899 Hiatus Road (a copy of which is 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 (I)(3)(a), to provide proper access to private property for municipal
services; and
WHEREAS, Tamarac Industrial Venture, Inc., has offered a Blanket Public Safety
Ingress/Egress Easement to the City of Tamarac for the Tamarac Exchange Project; and
WHEREAS, it is the recommendation of the Director of Public Services that the
Blanket Public Safety Ingress/Egress Easement with Tamarac Industrial Venture, Inc., be
approved and executed for the Tamarac Exchange Project; and
Temp. Reso. #13358
•
October 21, 2019
Page 2 of 3
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 Tamarac Industrial Venture, Inc., for
the Tamarac Exchange Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
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.
All exhibits attached hereto are incorporated herein and made a specific part hereof.
SECTION 2: The City Commission hereby accepts a Blanket Public Safety •
Ingress/Egress Easement ("the Easement") with Tamarac Industrial Venture, Inc., for the
Tamarac Exchange Project located at 6899 Hiatus Road, and the appropriate City Officials
are hereby authorized to execute the Easement (a copy of which is attached hereto as
"Exhibit 2").
SECTION 3: 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. •
• Temp. Reso. #13358
October 21 , 2019
Page 3 of 3
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of / ti , 2019.
/( /dt/6 1 (91/
MI HELLE J. GO'M�
MAYOR
ATTEST:
LILLIAN PABON, CMC
• ACTING CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: V/M PLACKO _r
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
f\' •
fn
SAMUEL S. GO N
CITY ATTORNE
•
T xa t r# 116186245 , Page 4 of 12
IA 1335a FXhiBiT t
, CITY OF TAMARAC BLANKET PUBLIC
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SAFETY INGRESS/EGRESS EASEMENT
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TR#13358
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sign By: EJW Date: 10116/2019 TAMARAC EXCHANGE
rested By: EJW Date: 10/16/2019 Exhibit
Checked By: Date: EJW City of Tamarac, Broward County, Florida
Approved y: Date: 10/16/2019 Sec. 7, TWP 49, RGE 41
Instr# 116186245 , Page 5 of 12
Exhibit 2 ARAC.: TR#13358
F)hitw 2
'4140•00..
• The City For Your Lite
CITY OF TAMARAC
BLANKEJ PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: Tamarac Exchange
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
-',„_day of Abff-X0i2- ,2019 by Tamarac Industrial Venture, Inc., having an address
of 6820 Lyons Tech Circle, Suite 100, Coconut Creek, FL 33073 (the"Grantor"), and the
City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest
88 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 ten Dollar ($10,00) 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 pubic safety services
•
InstrS 116186245 , Page 6 of 12
re 13358 Lxnit4 2
It is acknowledged that Grantor, or its successors, intends to construct industrial
Buildings 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
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
2
Instr# 116186245 , Page 7 of' 12
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IN WITNESS WHEREOF, Grantor has hereunto set his hand and sea on the day and
-
year first above written- ,....--
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Witness
4;46
Type Name
Type NamerTitle
STATE OF FLORIDA
• ' SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duty autnorized in
the State aforesaid an in the County aforesaid to take acknowledgments, personally
appeared u„xtvic to me known to be the person(s) described in
and who executed the foregoing instrument and _4t,_acknowtedged before me and
under oath that tiNAtt,ckw iu„ii4A3 executed the same.
WITNESS my hand and official seal this "5 day of
20 V ik
(4 NOTAR PUBLIC, State of Florida
at Large
(Name of Notary Public. Print, Stamp,
or type as Commissioned)
„..-,-,ii,,'' ,.;,,,, J CuSo.w.c,
( s:(--, ) Personally known to me, or ,„: I, ... IA v C.,::XWPSStON*.F Z0244,
:;::-..••I,'I' EXPIRES Jurit V,2Aii
( ) Produced Identification -..i.,..-v,' iii,-iih4 ltr...et16 r'ut tic Ulesr.mtvs ,
-
Type of 1.0 Produced
i ) DID take an oath, or i ) DID NOT take an oath
,i-;.8 3 Tankel PA,c,sateli inges.i/E5Te5s E,a6,...mn1
instr* 116186245 , Page 8 of 12
TQ 13358 1.301,0!2
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
GRANTEE
tavet
ATTEST: By: 7.bcL
MIChael C. Cernech
City Manager
Lillian Pabon, CMC ,
• City Clerk Date: •
)'./A/4-
Approved as to formESTABLD '
By: rvAt/4- 411, •
STATE OF FLORIOA0'.
SEAL
= Samuel S. Goren, /'
:
. City Attorney
COUNTY OF
I HEREBY CERTIFY thaficinCtfilittiy, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
111/ 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
20
..„.
m,wi4f ott• ) NOTARY PUBLIC, State of Florida,
tiotpi PitAlc State of
LOWIelvhfitin I V,124444f t Large
NI Comm 1..,PhIK hug 6,201JIIpr
So.det throuittNettordil Notary Awl
;
(Name of Notary Public' Print, Stamp,
) Personally known to me, or or Type as Commissioned)
)Produced identification
Type of I,[5. Produced
) DID take an oath, or ( ) DID NOT take an oath
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
9e, 4 hcrez.3,Ecire
InstrIt 116186245 , Page 9 of 12
i 13358 Lxhibil 2
•
ATTEST: MORTGAGE 888,T
* -
By: By.
Type NUMB Type Name A-41,44) MO rtk•
Corporate Secretary Presxlert cs A ry
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF 10111)1 DadtSS
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State eforffiaid stixd In,the County aforesaid to take acknowledgments personally
• appeared L. Of iu$ KIDOt e to me known to be the person(s)described in
and who executed the foregoing instrument and CO 1(4.1,---Itg';F:acknowiedged
before me and under oath tha 11,1S executed the sme.
„WITNESS my hand and official seal this I U . . day of
20 ti-1
i a ba-
NOTA PUBLIC. State of Florida
at Large
\\)
(Name of Notary Public: Print, Stamp,
or type as Commissioned
MORA VIIIALIA
Personally known to me, or
4' 4k* Pser 6tdo Fxr44
F',Vbee
Cr.'•-=-Arpcmt
4tr 042wes 21.701$
) Produced Identification
Type of I D Produced
) DID take an oath, or( ) DID NOT take an oath
5 Wapke P-0114c SaWy trve”.T.rivw4 Eae-neqt
Instr# 116186245 , Page 10 of 12
+.t?.t :ifM.Lxhfb,1.2
• AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGFE SIGNATUfIE IS NOT
APPLICABLE �.
I do hereby affirm ttiat I am the
of and that I have executed a
Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for
_ 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.
FURTHER AFFtAtdT SAYETH NOT,
(Signature)
This dayof 20__.____._
STATE OF FLORIDA
SS
COUNTY OF
I HEREBY CERTIFY that on this oay, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared , to me known to be the person(s) described in and
who executed the foregoing instrument and __ ..e acknowledged before me and
under oath that executed the same.
WITNESS my hand and official seal this day of
20
NOTARY PUBLIC, State of Florida
at Large
(Name of Notary Public. P,irt, Stamp,
or typo as Commissioned)
Personally known to me, or
Produced Identification
Type of l,b, Produced
) DID take an oath, or II )DID NOT take an oath,
•
fir..<>ed sia21 ,? 6
R:rrk>.�F....�..;;�Pr r,e?yst „a'a"tfc>, r •_.
Instr# 116186245 , Page 11 of 12
Tit 13358:L r t 14
Exhibit"A"
Legal peaty t !L1 C
PARCEL 1:
PARCEL"A","CITY FURNITURE NORTH",ACCORDING TG TEE PLAT THEREOF,AS RECORDED
IN PLAT BOOK 181,PAGE 58,OF THE PUBLIC RECORDS 01F BROWARD COUNTY,FLORIDA.
T..agEniER Wrrll
PARCEL 2:
THE FOLLOWING DESCRIBED PARCEL OF LAND CONVEYED BY QUO CLAIM DF,PD
RECORDED IN INSTRUMENT 4 114190907,OF THF,PUBLIC RECORDS OF FIROWARI)COUN I°Y.
FLORIDA,
A PORTION OF TRACT 9,AS SHOWN ON THE PLAT OF'FLORIDA FRUIT LANDS COMPANY'S
SUBDIVISION NO.2"OF SECTION 7,TOWNSHIP 49 SOUTH,RANGE 4"FAST,AS RECORDED IN
PLAT BOOK 1 AT PAGE 102,OF THE PUBLIC RECORDS OF PALM BE&ii COUNTY,FLORIDA:
BEING A FOR I'ION OF THE RIGHT-OF"-WAY AS RECORDED N OFFICIAL RECORDS BOOK 4882
AT PAGE 361,OFFICIAL RECORDS BOOK 4903 AT PAGE 435,,>':)EFI.IAI..RECORDS BOOK 26759
PAGE 973, AND 11'STRUMLNT NUMBER. 113051903, ALL OF THE PUBLIC RECORDS OF
BROWARD COUNTY,FLORIDA;ALSO BEING A PORTION GFIHE RIGHT-OF-WAY OF NICNAB
ROAD AS SHOWN ON,Bill'NOT DEDICATED TE1E PIA"ri 1'CITY FURNITURE'NORTH",AS
RECORDED IN PLAT BOOK E81, AT PAGES 58 I HRU' (,H 6I, It4CLURIVE, OF THE PUBLIC'
RECORDS OF BROWARD COt Iv'I'Y,FLORIDA),BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT TIlE NORTHWEST CORNER OF PARCEL'A",kS SHOWN ON THE SAID FLAT OF
'CITY FURNITURE NORTI ,THENCE NORTH 89 DEGREES 31 WNW ES 15 SECONDS EAST.
ALONG THE NORTH LINE OF SAID PARCEL'A",FOR 3/5.JO FFk1 TO THE POINTC)1 BEGINNING
OF THE FOLLOWING DESCRIBED PARCEL: THENCE NORTH 00 DEGREES 26 MINUTES 45
SECONDS WEST,AT THE RIGHT ANC LkS TO-DIE IAST AND N+E)i T DESCRIBED COURSES,FOR
38.E00 FEET;THENCE NORTH 19 DEGREES 33 MINI I 'ES 15 SECONDS EAST,ALONG A LINE THAT
IS PARALLEL WITH AND 15,00 FEET SOUTH OF,AS MEASURED AT RIGHT ANUI.FS'<O,111E
NORTH LINE OF THE NORTHWEST l/4 OF SAID SEC[E')N 7,FOR 603 14 I EFT;1 HENCE 3OI/T11
45 DK/RUES 35 MINUTES 46 SECONDS EAST FOR 46 53 LIE l;'I HENCE SOUTH 00 DEGREES 44
'IIN1ITES 46 SECONDS EAST, ALONG THE NORTHERLY LAnN SION OF 111E EAST LINE OF
SAID PARCEL"A",FOR 39.92 FEET,TH1.NC :NORTII DEGREES 3S MINI ir ES 46 S1 t ONOS
WEST,ALONG THE NORTDEAS.1 ERE Y LT\F OF SAID PA R CF,L, A', FUR 49.2E .IHENCE
SOUTH 89 DEGRFTS 33 MI NU'IF3 15 SECONDS WEST, AL0ING 1HE 1OR"XH LINE f1F 5MD
PARCEL"A',FOR 601.41 1 ET T-0111F PUN] CPI"REONNING. ALL LYING AND RI-ING IN THE
NORTHWEST 1/4 OF S ,C.It N? TOWNSHIP 49 S0l'T1-1s R AI'GIy,41 FAN],CITY OF IAMARAt:,
BROWARD COUNTY,FLORIDA.
Instr# 116186245 , Pace 12 of 1 , End of Document
1 Exhibit "A"
Tr2 13358 Ext€b1'2
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