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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