HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-047Temp. Reso. #10642
February 4, 2005
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005 ~q7
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 SUNRISE BOX L.L.C., FOR THE
TOSHIBA PROJECT, LOCATED AT 6401 NOB HILL ROAD,
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
1"1 A --
WHEREAS, Sunrise Box L.L.C., is the owner of the Toshiba Project located at 6401
Nob Hill 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 (1)(3)(a), to provide proper access to private property for municipal
services; and
WHEREAS, Sunrise Box L.L.C., has offered a Blanket Public Safety Ingress/Egress
Easement to the City of Tamarac for the Toshiba Project; and
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 Sunrise
Box L.L.C., be approved and executed for the Toshiba Project; and
Temp. Reso. #10642
February 4, 2005 2
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 Sunrise Box L.L.C., forthe Toshiba
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 Sunrise Box L. L.C., for the Toshiba Project located at
6401 Nob Hill Road.
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.
I
I
SECTION 6:
passage and adoption.
Temp. Reso. #10642
February 4, 2005 3
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 23 rd day of March, 2005.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRA
CITY ATTORNE)
JED/RD
-C
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS
DIST 3: V/M. SULTANOF
DIST 4: COMM. ROBERTS
Tamp. Reso. No.
CITY OF TAMARAC N.T.S N
QScale:
PUBLIC WOPXS DEPARTUNNT
ZNGDnMCRDlG DrMON SHEET I OF 1
w3t., E
s
INGRESS AND EGRESS EASEMENT
PERIW KEL L .
CAPTIVA ST 71 71
SEA 6, SISCUS LN, cc 70
PALM RIDGE LN.. 7A. 12 SECTION 21 S'
70 CT
JEWEL BOX LN..
WESTWOOD 3
M CNAB ROAD ST
SUNSET POINT PARK TEE MCNAB >
PLAT BUSINESS TAMARAC c v TAMA Ac
PARK - Semi
C"
MARKET P
TAMARAC GAR NS
PLACE GARDENS E T
............ -- ........................................... Wl
................................. - ............. WEST
Wl
Wl
0
TAMARAC 1299 67 CT
LAND TRUST LOVESHAW
PLAT ARCH I.T.W. MIMA WESTWOOD 2
< ALUMINUM 11
m 67 ST 67
CITY FURNITURE 67 ST
SUN-BEL I
C13NTINENTAL At/
PRECISION CABLE
66 CT
ST
4
ARCH 96 AV
ALUMINUM 65 P 66 ST
WOOD I (SPYGLASV
CULLIGAN SUIV-SENTINWL - - 0-�
65 CT
THE VILLArE
SITE LOCATION LAND
St 6OLr CdURSt . . .
...... .... .................... ....... .........
..................... ....... .........
. ......... ........................ -- ----- -- .... ..
.................... .......... I .........
PUBLIC U GRW ME C.
LAND SEC. cs SERVICES U
PLUM DAY PKW
a
COMPLEX
7
4 LJ
3r. FED HLMT LN
C3 LANE
a- Ld fL smffR
Ld Joyss
> COVER40E
T PLUM
.-S--6TE STREET
FAIRBANKS WES OINT
DISTR UTION
D
CENTRE I
W SAWGRASS INFINITI V,G-C- PARK
(VISUAL GRAPHT(
Ld S13NNYS GOLD
_J _j
> -j Lq
< ENTERPRISES COAST M
z m REAL z: P.O.D.S
STORAGE
CONVERGYS pq
coo '3 ESTATE
OFFICE L:l
6 BUILDING 8 z FERGUSON
WESTPOINT CORP.
PLAZA
(CO RE
SUNRISE COMME CIAL BLVD
UVESIONS
�ft
ftsw "/w
TOSHIBA
EXHIBIT I
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
ohmb"'w
Appro-d BF
D-ftl
Dak.
SEC. 7, TWP. 49, RGE. 41
EXHIBIT (2)
TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: --roenhb.
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
day of /jm��k , 20Qr, by Sunrise
, So .0
having an address of Pat-11- 4�rzlo WBOCC., &AW1XL
J
(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 One Dollar ($1.00) 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 46,699 square
foot Office and warehouse building 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 ;ha and seal on the day and
year first above written.
(GRANT '5"Afk5c
By: By:
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
r, L &J SS
COUNTY OF
Type Name_,. Frt6rtL 'D.
President
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 r,,L- 10 PZA�r- 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.
ITNESS my hand and official seal this day of
200
Ry
ZER
E
:AT F
JORN PANZER fit
0
MrARV PIMLIC STATE OF FLORIDA
C0(E)MMI%I(0)'N NO. DD13M
MISSIO: M(P U(:
C
My _ OMMISSION FXP- :AU(;.
( (��) Personally known to me, or
( ) Produced Identification
NOTA PUBLIC,A* of Florida
r r
at La
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
DIDtakean oath, or( )DID NOTtakean 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-
5y:
Marioh-:Swenson, CIVIC
-C It
y crc-rk-
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By: 111�-e
Joe"J-hreiber
Ma�or
Date- L5 g-L3
Jeffrey VAlill
City Manager
Date:
Appro d as o fo
By
tchell S. KWrA,
City Attorney
COUNTY OF 1�� Word :
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
,10C.Sr-hrellk2Cf q jcffi�njNliflefto me known to be the person(s) described in and
who executed the foregoin6 instrument and the-L4 acknowledged before me and
under oath that executed the same. Ij
: SS
200 WITNESS my hand and official seal this o'�3 day of ;111�""'-'cb,
S.
Personally known to me, or
Produced identification
-M - d tAa�
NOIARY PUIALIC, State of Florida
at Large
rtManion SefPhOs
.- my commission 00260279
V7 Expires October 24. 2007
(Name of Notary Public- Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
DID take 'an oath, or ( v�DID NOT take an oath
981208 4 Blanket Public Safety Ingress/Egress Easement
4%
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
In
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF
MORTGAGEE COMERICA BANK
A MICHIGAN BANKING CORPORATION
By:
Type Name
PI esodent
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid andin� the County aforesaid to take acknowledgments, personally
appeared A") eee) wu)-�� 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 Ile'ej,
200 *. V
AWrELAVtKW
? NukirY hAft - *ft of Fbkb
b
COMMOon # W 293646
lw7t - - - - I
v-)'P'ersonally known to me, or
( ) Produced Identification
we
Y PUBLIC, State of Florida
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( )DID take an oath,'or( )DID NOTtakean oath.
981208 5 Blanket Public Safety Ingress/Egress Easement
g12/17/2005 12: 27 9547637615
EXHIBIT (A)
MeLAUGHLIN ENGINEERING CO. tL.B.
Telephone (954) 763-7611 . Telecopier (954) 763-7615
400 N. E. Third AvenueL- Fort Lauderdale, Elorida 3�
Engineering . Surveying . Platting . L2nd Planning
LEGAL DESCRIPLION (TOSHIBA SITE)
A Portion of Parcel "A" — S & N, PLAT NO. TWO, according to
the Plot -thereof, as recorded in Plot Book 171, of Pages 112
thru 115, of the Public Records of Broword County, Florida, being
more particularly described as follows: COMMENCE at the
Northwest corner of Parcel "A", of said 5 & N PLAT NO. TWO;
thence run North 89 degrees 23 minutes 12 seconds East for
1238.15 feet to the POINT OF BEGINNING of the following
described parcel of land; thence continue North 89 degrees 23
minutes 12 seconds East, for 622,25 feet, thence South 01
degrees 24 minutes 48 seconds East, along a line parallel with
and 65.00 feet West of, as measured at right angles to the East
line of the Northeast one —quarter (NE 1/4) of sold Section 7,
for 70,12 feet; thence North 89 degrees 24 minutes 52 seconds
East, for 12.00 feet; thence South 09 degrees 55 minutes 39
seconds West, for 61.02 feet; thence South 01 degrees 24
minutes 48 seconds East, along a line porollel with and 65.00
feet West of, as measured at right ongles to, the East line of
the Northeast one —quarter (NE 1/4) of said Section 7, for
100-01 feet; thence South 19 degrees 45 minutes 51 seconds
East, for 38.12 feet; the ' nce South 01 degrees 24 minutes 48
seconds East, along a line parallel with and 53.00 feet West of,
as measured at right angles to, the East line of ' the Northeast
one —quarter (NE 1/4) of said Section 7, for 63.77 feet; thence
South 89 degrees 21 minutes 33 seconds West, for 638-70 feet
(last mentioned six courses coincident with the boundary lines ' of
the aforementioned Parcel "A", S & IN PLAT NO. TWO); thence
North 00 degrees 38 minutes 27 seconds West, at right angles
to. the lost described course, for 330.19 feet to the POINT OF
BEGINNING. Said lands situate, lying and being in the City of
Tamarac, Broward County, Florida.
Go UF7CA ZZON
6 =Ufy that this surwy mate thi mWmum tmhnkd Ptandm* of got forth I YCLAUGHLIN ENGINEERING COMPANY
b
%M11 Board of Profsaland Lond &my" In Chapter DIVII-111 Florida
1"JotroUve Code. puiwant to Soction 472.027, naido Statutoo. ajd&
Rough giaked 6uldinj No 26th'6y of Aprt, 2MC CARE E ALDWrM
Stoked Wilding w/offeeto and ost alevoilon this 2nd day of June, 20114. ftbimw Land SWM.W N& 4183
Foundation location and olmUme token ihls 23rd day arf July, 2004, stato of Alwift
FIELD BOM No. RaV DW4..__ 11 - �-] 04 C20) 9Y �&?AftrjL 701 ICA DPAWN BY
.,02/17?2005 12:27 9547637615 MCLAUGHLIN ENG CO
EXHIBIT (A)
PA6E 03
91 k
Lis
off
Is
ki
0
log I
Ing I go 4
pis
31
0
40
oc
T
Q