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Home My WebLink AboutCity 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. r--JIL gkvl`rL �> tXMOL S. G REN INTERIM CITY ATTORNEY JED/ejw DIST 2: V/M TALABISCO el DIST 3: COMM. SULTANOF e, DIST 4: COMM. ROBERTS ds rw Job NO. N CITY OF TAMARAC sccue: N.7s PUBLIC WOMM DEPARTMM ENGINEERING XIMSION SHEET 1 OF I w - E RI 0 s BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT TR# 10746 NDS MAINL S A NL NDS -41 -4, Lo 65 ST z ST UNPA j CT 64 CT EST > S, COLONY CIR. SHOPP -.4 -S L) TS. OFC 64 ST 1p 1p A, v w Z. IV 41 -k 1p 41 w 41 w w w w ERSITY Farr UNDv GOLF COURSE� 9`11 w uJ 14, 1�1 > LANI IINGS > u FAIRVIEW np, u (u IV 4, AIRWAYS • • 63 ST -- GREEN ILLAGE 62 62 CT WATER THUMB SQUARE SAINT 1— >- 0- P�AN 13 MALACHY > < . . . . . . . . . . . . PL SITE j JOHN gHORAN TER. > > CT > > 61 ST < (EDGEW TER) FUTURE 61 ST < ST 0 > > m Li < SITE < NATIINS Co C0 nWASH.MUTUAL PLAZA BANK 60 ST rrr-z 60 ST WATERSIDE 59 S' 0� > N DS,-;,' < 58 58 CT HEARTLANDS ON w 58 CT > li a) cu a) OF OD r) TAMARAC PLI C304 w) 58 ST r� ST > MIDWAY PLAZA z - < . BLOCK Inc BUSTER FA [313 L ,�- 0 57 PL cu 57 PL CD < > BIG LOTS RHAVE 11 zffh. M > OD < TUSCANY UNITED > co . BOSTON co% H STATES w PLAZA 57 DR j CHICKEN POST >- z 57 CT 57 CT — NW 57TH ST OFFICE NW 57TH ST z w Lo > Z z < Lj U p.- 0 ui < og 0 -JLJ _j z < < < Ld z �e W U;� <U _j W z 12 y z z z Z > Z) W < CL < 0 9=1 Ce )k- z I, — fm < m w W Z =j W 04 CO Z < CL m > 5 — u -1 C3 W (4 < X IM13 wPI CL M C3 <w 94 < < m -1 :)Mo- w u -J C3 m (4 C3 U CL pq m: U 0 m u P4 < Wo a. w In w L&I X: gm COMMERCIAL BLVD COMMERCIAL BLVD LAUDERHILL SITE LOCATION RETMONS P-w- ft D� iv CALL bmew "/*&/" im E. offitm, PL EL Nm sm CHEDDAR'S CASUAL CAFE EXHIBIT I CITY OF TAMARAC. BROWARD COUNTY. FLORIDA SEC. 2. TWP. 49. ME. 41 w ig JV bwa 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. s nC C) T n T 9 R o� —�rsr §� Lm�E aF Lore I `F • v L REST 6 f6ET or c 59 ci sR `�Rd G_ +iP •.y e P Q r A= •1= •q k 44{�� 2� v� a�. 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