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
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DIST 2: V/M TALABISCO
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,> 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.
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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
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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.
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OWNER'S AGREEMENT
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INTERCITY AUTO PLAT
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OF TAMARAC
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(P.B. 98, PG. 27, B.C.R.)
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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
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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.