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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-164Temp. Reso. #10786 August 17, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-i-Gq 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 PROGRESSIVE CASUALTY INSURANCE COMPANY, FOR THE PROGRESSIVE INSURANCE SERVICE CENTER PROJECT, LOCATED AT 3710 WEST COMMERCIAL BOULEVARD, 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, Progressive Casualty Insurance Company, is the owner of the Progressive Insurance Service Center Project located at 3710 West Commercial Boulevard (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, Progressive Casualty Insurance Company, has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Progressive Insurance Service Center Project; and Temp. Reso. #10786 August 17, 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 Progressive Casualty Insurance Company, be approved and executed forthe Progressive Insurance Company 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 Progressive Casualty Insurance Company, for the Progressive Insurance Service Center 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 Progressive Casualty Insurance Company, for the Progressive Insurance Service Center Project located at 3710 West Commercial Boulevard. 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. Temp. Reso. #10786 August 17, 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 I day of , 2005. JOE SCHREIBER MAYOR ATTEST: MARION SWEN ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. Al"UEL S. GOREN NTERIM CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Afe- DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS e Job No. CITY OF TAMARAC ' sccde: NT.s N VIJWC WOW DEPARTMZM M► ENGINE WNG 1DW=0N SHEET 1 OF 1 W.* E as S BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT TR# 10786 Q LAKES DE 1:1:1:1 .1: 1:1: :1:1:1. 1=1 ARBOR 1 KEYS FIRE STA \a F #2 IC qll+ '9 NAMPTON INN a14 s`fpOti two << 01 q< SE 5A A<y�� q 49 CT IY r 3 LL' A� lw It wrz a 49 ;ST,ND DR w a 47 47 CT cn � 47 E7 ST J P LM ASTORIA SAND W a DINER C UB oa U w 53 S. �w oe Q y H H GRANTS (SUNSHINE PLAZA) WACHOVIA 1 z a BANK w CVS NATIONS C3 a y BANK �, > M w BP � � BUNNING a o BUD'S z Jy FLORIST , w WMt zz y w t3 DONUT 0 m D a A 4 71 PLZA A GINA'S 49 ST 49 ST, BUSINESSES 7 48 ¢lz< IHOP S.L.1dOa as SITE LOCATION �,aauna ywyw 1p AY D�Mr ot( m- a* rKVVKt:**IVC'NSUKANGE e.wrw m..,. eju BMW ww SERVICE CENTER ,> EXHIBIT 1 Xolw ten, ► CITY OF TAMARAC, BROWARD COUNTY, FLORIDA rL N& um SEC. 18 TWP. 49 RGE. 42 Exhibit 2 TR#10786 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Progressive Insurance. Service Center (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this 11 day of,2005 by Progressive Casualty Insurance Company, having an address of 5920 Landerbrook __Drive, Building 3, OH-1-23, Mayfield Heights, Ohio 44124, Attention: Director of Real Estate, (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 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. 1 It is acknowledged that Grantor, or its successors, intends to construct a Progressive Insurance Service Center 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. I: IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (GRANTOR) PROGRESSIVE CASUALTY INSURANCE COMPANY Type Name/Title Kim Price Chief Administrative Officer W ness Type Name Ly cka la'A.LCUA6•6 . Witness Type Name Qn&13ru°? n - oI'�. g-uL,r___— STATE OF OHIO SS COUNTY OF CUYAHOGA 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 Kim Price to me known to be the person descri ed in and who executed the foregoing instrument and acknowledged before me andjinder oath that she executed the same. , WITNESS my hand and official seal this ay of June, 2005. NOTARY—P—UBC (Name of Notary 'Public: or type as Commissioned) (X ) Personally known to me, or ( ) Produced Identification N/A Type of I.D. Produced (X ) DID take an oath, or ( ) DID NOT take an oath. - ic - 10 lb Q Print,i��, 3 f � 1 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: ` By.= �. r_ Marion Swenson, CMC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jogchreiber Mayor ate: L41 05_ Y� Jeffrey L. Ile? City Manager Date: 91141 .... Approved s to form: B "y 0 amuel Goren, Interim City Attorney COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afore aid and in the County aforesaid to take acknowledgments, personally appeared e C �M111CI to me known to be the person(s) described in and who executed the foregoi g instrument and ffie U acknowledged before me and under oath that �— executed the same. SS WITNESS my hand and official seal this day of IY1b e_( 20jQS. -M U✓UjC(VU J CA4jj'jW N01LARY PUBLIC, Statd of Florida at Large ¢ ` Marion SOMIN s ` My Gommrssion DOM279 s October 24. 2001 (Name of Notary Public: Print, Stamp, Personally known to me, or or Type as Commissioned) ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( r•KDID NOT take an oath 981208 4 Blanket Public safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Kim Price, do hereby affirm that I am the Chief Administrative Officer of Progressive Casualty Insurance Company and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for the Progressive Service Center project and that Progressive Casualty Insurance Company is 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 OHIO SS COUNTY OF CUYAHOGA FURTHER AFFIANT SAYETH NOT. °u-C` (Signature) This N"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 Kim Price to me known to be the person described in and who executed the foregoing instrument and acknowledged before me and under oath that she executed the same. r� WITNESS my hand and official seal this day of June, 2005. 01 OMY KAREN S.SALYAN OTARY LIC, at OhioNotary PublicState of OhioRecorded in cuyaho a CtV. comm. Expires 02/18/a Name of Notary Public: Print; gStamrp,`... or type as Commissioned) ( X) Personally known to me, or `- ( ) Produced Identification N/A Type of I.D. Produced (X) DID take an oath, or( ) DID NOT take an oath. ki , , i # Exhibit A TR#1 0786 SHEET 1 OF 1 WEST Y4 CORNER v SEC. 18-49-42 ao 3 CO sin TRACT "A" OF INTERCITY AUTO PLAT OF TAMARAC, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 98, PAGE 27 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LAND SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND CONTAINING 107,112 SQUARE FEET (2.459 ACRES), MORE OR LESS. 5 r� - IL (PLAT 98-27. B.C.R.) N89'56'41"E 1345.13' b . NRa'�r," PARCEL NO. 35 COM MCIAL BOULEVA►SD� ORDER OF TAKING (C.R.M. 103, PG. 401) PARCEL NO. 36 O.R.B. 7518, PG. PER F.D.O.T. R/W MAP SECTION ORDER OF TAKING �779, B.C.R. 86504-2603, SHEET 6 OF 16 O.R.B. 7518, PG. 779, � B.C.R. �oa�.ua j t N89'56'41 "E J_246_W__ R=2924.79' 15' U.E. I 5' U.E. A-03'27'54" (P.B. 131, (P.B. 98, PG. 27, B.C.R.) L-176.87' PG. 36. B.C.R.) I PARCEL "A" 13UDGETEL (P.B. 131, PG. 36, B.C.R.) LOCATION MAP (NOT TO SCALE) SURVEYOR'S NOTES: —Subject property was not abstracted by this firm for easements, rights —of —way, reservations or other matters of record. --Bearings shown hereon are based on INTERCITY AUTO PLAT OF TAMARAC (P.B. 98, Pg. 27, B.C.R.) —Record directions and distances and field measured directions and distances are within required accuracy for this survey unless otherwise shown. —Scale of some features may be exaggerated for clarity. —Burled foundations and underground utilities, if any, not located. —No visible above ground encroachments except as noted. I^ I Im) I ICI I EL _ O I ( SOUTH UNE OF I OWNER'S AGREEMENT W I CL O.R.B. 7925, PG. 544, B.C.R.I n ~ tD I CL I TRACT "A" INTERCITY AUTO PLAT 00 ' m I Q OF TAMARAC S I I (P.B. 98, PG. 27, B.C.R.) z , P.B.L — PLAT BOOK PG. = PAGE B.C.R. = BROWARD COUNTY RECORDS G.R.M. = COUNTY ROAD MAP F.D.O.T. = FLORIDA DEPARTMENT OF TRANSPORTATION R/W — RIGHT OF WAY U.E. -= UTILITY EASEMENT _ = ITERLI PARCEL W,HEADWAY OFFICE PARK (P.B. 125, PG. 49, S.C.R.)_ � =CENTERLINE -H--F-� =NON -VEHICULAR THIS SKETCH DOES NOT ACCESS UNE SKETCH AND DESCRIPTION REPRESENT A BOUNDARY SURVEY GRAPHIC SCALE 0 30 60 120 ( IN FEET ) 1 INCH — 60 FEET W N M N O N 6 o c cna M N M4 zto6 W W0 Cl._ N M a_FZn om 0 0 11 CAN I REVISIONS I — IW,III �I DRAWN BY: PCH I CHECKED BY: CER11FIM TO: S89'56'41 "W 257.599 40' STATE ROAD DEPT. 3 DRAINAGE EASEMENT (PER FINAL JUDGEMENT) PROGRESSIVE CASUALTY INSURANCE COMPANY ``N MILLER KEGG South Florida Otrm:1800 North Douglas RGad • Su1N 200 Pemb*e Pines, Florida • 33024.3200 954-436-7000 • Fax:154A304M www.milledm.com C7 1 HEREBY CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CRAPTER=81W-G, FLORIDA ADMINISTRATIVE 0gpE PURSUANT'TO Lam 472.027, FLOR16A, STATUTES.- DATED THIS 27 ` I) Y aF . MAY .-2005 A.A. MARlIM P. Ii08S1 PROFESSIONAL SURVEYOR AND MAPPER STATE OF AMIDA REGamknON No.5857 NOT YAM 1AVWT THE SIGNATURE AND THE OR OW& RAM SEAL OF.. A n-ORIOA SED SURVEYOR AND MAPPEI CER7Mu7E OF AUhIQFg7J1TKIN: 19a680 I PROJECT NO. I FILE NO.