HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-134Temp. Reso. #10746
June 8, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-j Lq
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 7951 COMMERCIAL BOULEVARD LLC,
FOR THE CHEDDAR'S CASUAL CAFE PROJECT, LOCATED
AT 7951 W COMMERCIAL BLVD, TO PROVIDE PROPER
ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES
SUCH AS UTILITY, CANAL, FIRE AND POLICE
PROTECTION, EMERGENCY AND OTHER PUBLIC SAFETY
SERVICES; 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, 7951 Commercial Boulevard LLC, is the owner of the Cheddar's Casual
Cafe Project located at 7951 W Commercial Blvd (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 (1)(3)(a), to provide proper access to private property for municipal
services; and
WHEREAS, 7951 Commercial Boulevard LLC, has offered a Blanket Public Safety
Ingress/Egress Easement to the City of Tamarac for the Cheddar's Casual Cafe Project;
and
Temp. Reso. #10745
June 8, 2005
Page 2
WHEREAS, it is the recommendation of the Director of Public Works and the
Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with 7951
Commercial Boulevard LLC, be approved and executed for the Cheddar's Casual Cafe
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 7951 Commercial Boulevard LLC,
for the Cheddar's Casual Caf6 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.
SECTION 2: The appropriate City Officials are hereby authorized to accept
and execute a Blanket Public Safety Ingress/Egress Easement (a copy of which is
attached hereto as "Exhibit 2") with 7951 Commercial Boulevard LLC, for the Cheddar's
Casual Cafe Project located at 7951 W Commercial Blvd.
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.
1
1
Temp. Reso. #10746
June 8, 2005
Page 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.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 1,3 day of J01q 2005.
JOE SCHREIBER
'll MAYOR
ATTEST:
= RECORD OF COMMISSION VOTE:
MARION SWEMSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
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CHEDDAR'S CASUAL CAFE
EXHIBIT I
CITY OF TAMARAC. BROWARD COUNTY. FLORIDA
SEC. 2. TWP. 49. ME. 41
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TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: Cheddar's Casual Cafe
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
L3 day of41
2005 between 7951 Commercial Boulevard LLC, a Florida limited
liability company, having an address of 2699 Buford_Highway, Buford Georgia 30518
(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
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 public safety services.
981208 1 Blanket Public safety Ingress/Egress Easement
It is acknowledged that Grantor, or its successors, intends to construct a casual dining
restaurant facility 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.
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.
(GRANTOR)
Witness ! _
Robert S Dubey
STATE OF FLORIDA
SS
COUNTY OF BROWARD:
7951 Commercial Boulevard LLC
c.
By: Keith E Pugh, nager
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 Keith E Pugh to me known to be the person described in and who executed
the foregoing instrument and he acknowledged before me and under oath that he
executed the same. l Y l
WITNESS my hand and official seal this day of June, 2005.
�iy'r'"• SHANDAS.IAYNE
z MY COMMISSION # DD 106128
EXPIRES: April 4, 2006
•'�;,dK�;°:� Bundad Thru Notary Public Underwriters
(il Personally known to me, or
( ) Produced Identification
) DID take an oath, or (
OTARY OU13LIC, State of Florida
at Large
s
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
YDID NOT take an oath.
981208 3 Blanket Public Safety Ingress/Egress Easement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year indicated below:
ATTEST:
Marion --Stevenson, CIVIC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
B?..�
Y•
Jo reiber
Mayor
D te: 141 G6
LAN
1. %"�f��
Jeffrey L. b
City Manager
Date:
Approved s to form.
By: 7 ds
�#"amuel oren,
U Interim ity Attorney
COUNTY OF
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
JX66f &f andti-e! Lffil lc! to me known to be the person(s) described in and
who executed the foregding instrument and acknowledged before me and
under oath that cexecuted the same - i
20QWITNESS my hand and official seal this day of ,
�.
SS
( ✓) Personally known to me, or
( ) Produced identification
NOTINRY PUBLIC, State of Florida
at Large
Marion WOOS
os
My Commission DD260279
�►a Expires October 24, 2007
(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
981208 4 Blanket Public Safety Ingress/Egress Easement
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
I, Keith E Pugh do hereby affirm that I am the Manager of 7951 Commercial
Boulevard LLC, a Florida limited liability company, and that I have executed a Blanket
Public Safety Ingress/Egress Easement with the City of Tamarac for the Cheddar's
Casual Cafe 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 BROWARD:
FURTHERA,FFIA SA TH NOT.
(Signatur
This 6th day of June, 2005.
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 Keith E Pugh to me known to be the person(s) described in and who
executed the foregoing instrument and he acknowledged before me and under oath that
he executed the same. /j�
WITNESS my hand and official seal this (P 'day of June, 2005.
;rfy.,, SHANDA S. LAYNE
MY COMMIS510N # DD 106128
EXPIRES: April4, 2006
Bonded Thrd Notary POic UnAerwrAers
( Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large 1 ��
lrF:/`
Name of Notary
4LJ
( ry Public: Print Stamp
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( DID NOT take an oath.
981208 5 Blanket Public Safety Ingress/Egress Easement
Exhibit "A" Attachment
Parcel 1:
Lots 3, 4, 5 and 6, less the West 66 feet of Lot 6, Block 6, LYONS COMMERCIAL
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 69, Page 42,
of the Public Records of Broward County, Florida.
Parcel 2:
Lot 2, Block 6, LYONS COMMERCIAL SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 69, Page 42, of the Public Records of Broward
County, Florida.
Less and except any portion thereof lying within the following described parcel:
Beginning at the Northwest corner of Lot 1, Block 6, LYONS COMMERCIAL
SUBDIVISION, thence North 90°00100" East on the North line of said Lot 1, a
distance of 175.44 feet to a point of a curve; thence southeasterly on a curve to the
right having a radius of 25.00 feet and a central angle of 88158'28", an arc distance
of 38.82 feet to a point of tangency; thence South 01*01'32" East on an easterly line
of said Lot 1, a distance of 250.04 feet to a point of curve, thence southwesterly on a
curve to the right having a radius of 25.00 feet and a central angle of 91101'32", an
arc distance of 39.72 feet to a point of tangency; thence South 90100'00" West on the
South line of said Lots 1 and 2, a distance of 179.91 feet; thence North 00000100"
West on a line 106.89 feet East of and parallel with the West line of said Lot 2, a
distance of 35.00 feet; thence North 45°00'00" West a distance of 14.14 feet; thence
North 00000100" West, on a line 96.89 feet East of and parallel with said West line of
Lot 2, a distance of 120.00 feet; thence North 45°00'00" East, a distance of 14.14
feet; thence North 00000'00" West, on said line 106.89 feet East of and parallel with
said West line of Lot 2, a distance of 125.00 feet, to the Point of Beginning.
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