HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-090Temp. Reso. #10667
April 27, 2005 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005_9Q
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 T.T. OF LIGHTHOUSE POINT, INC., FOR
THE SAWGRASS INFINITI PROJECT, LOCATED AT 5801
MADISON AVENUE, 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, T.T. of Lighthouse Point, Inc., is the owner of the Sawgrass Infiniti
Project located at 5801 Madison Avenue (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, T.T. of Lighthouse Point, Inc., has offered a Blanket Public Safety
Ingress/Egress Easement to the City of Tamarac for the Sawgrass Infiniti 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 T.T. of
Lighthouse Point, Inc., be approved and executed for the Sawgrass Infiniti Project; and
Temp. Reso. #10667
April 27, 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 T.T. of Lighthouse Point, Inc., for
the Sawgrass Infiniti 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 T.T. of Lighthouse Point, Inc., for the Sawgrass Infiniti
Project located at 5801 Madison Avenue.
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.
L
Temp. Reso. #10667
April 27, 2005 3
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of , 2005.
JOE SCHREIBER
MAYOR
ATTEST:
OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR SCHREIBER ajC
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: V/M TALABIS '0
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
s�
pa�f�G'
S. GOREN
INJOEL
RIM CITY ATTORNEY
1
Temp. Reso. No.
TR ff 10667 CITY OF TAMARAC scale: XrTs N
PUBLIC WORS9 DEPARTI&M Anr xa
ENCvt=P PG DlMON SHEET 1 OF 1
W E
sw sa
s
INGRESS AND EGRESS EASEMENT
PERIW
SEA H
NKEL L - �� ST - 7 7d
r t 1-ACT 7
CAPTIVA G --- 6• 7� ST
DISCUS LN, r w
a 7 7 1� � oY, $
s
71_S_T --- d,
70
SECTION 21
WES
PALM
RIDGE LN,s 7b a
70 C7
JEWEL
�LClICCCf12
BOX LN. S �JS� gib `�� WE
-
TWUO➢ 3
AN EL
__-
WING DR,..-----
_� _ ..... MCNAB ROAD
70 ST 70 ST
SUNSET POINT PARK
PLAT TEE MCNAH
V
] �j °�'rg
BUSINESS TAMARAC
PARK
MARKET
8 a /�`
a - t_ _ 7 TAMA AC
68 PL GAR NS
t
TAMARAC
T
PLACE
R➢ENSSEA
GAWEST
r
TAMARAC 1299
LAND TRUST LOVESHAW
67 C7
/ — `__ fpA
PLAT ARCH I.T.W. MIMA
o ALUMINUM II
WES7WUO➢ 2'j�
67 Si j9d 67
—
CITY FURNITURE y SUN BEC 67 ST
PRECISION CONTINENTA
CABLE
w \AV
8
���
66 66 CT
=
V+ y ST
ARCH
ALUMINUM
96 AV
W l 65 P 66 ST I'
g
CULLIGAN SUN-SENTIN1tiL
n WOOD 1 (SPYGLAS �
-- `
65 CT
THE VILLAGE
W
TOSHIBA
LAND
a
ST GOLF W OURSIE +
s
.. ..
.. ,\ PUBLIC
N
I
A , `\ `SERVICES
LAND S❑C, \ \`R
y i . \\�\\
A}�t7\ COMPLEX
K PLM MY PKWY
F F
ITE LOCATIOd
`' p N7RTH
o x o
FD HEAaI Lx
V) n 0
sa,
W W "YBS
3 3 COVERAGE
y STATE STREET
PLUM xsae
HARBOR
z
r> WESTPOINT
W FAIRBANKS DISTRIBUTION
w+
a � CENTRE 1
V.G.C. PARK
a
w
a w SONNYSLESTATE
(VISUAL GRAPHIC
L
J
y ¢ a ENTERPRISEH
LU
z
BAY P.O.D.S
o CONVERGY
PQBUILDINGOFFICE
STORAGE
FERGUSON
CORP.
r -
CCD RD
SUNRISE C❑MME CIAL BLVD
RHVIBIDrrs
Dw.n DK C.D.L
DaL, WWI,,
aeu
mm G now. VL
SAWGRASS I N FI N ITI
EXHIBIT
CITY OF TAMARAC, BROWARD COUNTY. FLORIDA
•
...
AN-44
DdM:
n ft saes
SEC. 7, TWP. 49, RGE. 41
EXHIBIT (2) TR # 10667
TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: SAWGRASS INFINITI
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
. day of Nla I 200�, by T.T. OF LIGHTHOUSE POINT INC.
having an address of 515 NORTH FLAGLER' DR IVE, SUITE P-400, WEST
PALM BEACH FLORIDA 33401 , (the "Grantor"), and the City of Tamarac, a Florida
municipal corporation having an address at 7525 Northwest $$th 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 Basement
It is acknowledged that Grantor, or its successors, intends to construct an
automobile dealership 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)
�INT, INC.
Witness pe mew 1CO-
Type Name
Witness
Type Name
Type Name/Title
STATE OF FLORIDA
: SS
COUNTY OF PALM BEACH:
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 TERRY TAYLOR 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.
WITNESS my hand and official seal this a_ day of
200_4.
oAtPlY ,ou Arlyn B. Plante
Commission # DD315058
o� Expires July 26, 2008
OF f;� BwKw 7my Fain - In"&wo, Inc. E00•30&7019
(�) Personally known to me, or
( ) Produced Identification
( ) DID take and oath, or
NOTARY KWIC, State of Florida
at Large
(Name of Nbtary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
) DID NOT take an oath.
981208 3 Blanket Public Safety Ingress/Egress Easement
ATTEST:
By: n 4&�
Jeffrey L. Miller
City Manager
ATTEST:
By: "2��
Marion Swenson, CIVIC
City Clerk
STATE OF FLORIDA
.SS
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
i f J to me known to be the person(s) described in and
who executed the forego ng instrument and acknowledged before me and
under oath that e�c _ executed the same.
ACCEPTED BY CITY OF TAMARAC
GRANTEE
By: ,
Joe hreiber
Ma or
Date: f
y: J01rey L. Miller
City Manager
Approved as t form:
By:
Samuel . Goren
Interim City Attorney
WITNESS my hand and official seal this day of
200,1;
✓Personally known to me, or
) Produced identification
( ) DID take an oath, or (
NOTARY PUBLIC, State of Florida
at Large
sY� Marion Serpho®
+� My Commission DD260279
q . Expires October 24, 2007
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
DID NOT take an oath
CI
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
ATTEST:
2
Type Name
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF , Li:
MORTGAGEE W AC-00"I r' SANg
By:
Type Named �1 A`Iryt�:t va
President 0 'C e- Vrt$l'de,{
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 y, P to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that he executed the same.
WITNESS my hand and official seal this day of Oc4v kegs,,,,
200_q_.
( ✓f Personally known to me, or
( ) Produced Identification
I" '-rx.
NOTARY PUBLIC,,"S'tate of Florida
rp''�•, Karen M. Durm
at Large , o�� - '�c en # Dn64M
o = ExPires�A . 13. M
(Name of Notary Public: Print, tamp,
or type as Commissioned)
gm _.
Type of I.D. Produced
( ) DID take an oath, or (, ) DID NOT take an oath.
981208 5 Blanket Public Safety Ingress/Egress Easement
C.ArilbIT
STONER & ASSOCI'ATES, INC.
SURVEYORS - MAPPERS
4341 S.W. 62nd Avenue Florida Licensed Survey
Davie, Florida 33314 5 and Mapping Business No. 6633
Location Map �v
. . Ndff6'SCALE
SKETCH OF DESCRIPTION FOR:
A PORTION OF TRACT B
WESTPOINT SECTION 7 PLAT
PLAT BOOK 162, PAGE 23, B.C.R.
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
REMAINDER OF:
WESTPOINT SECTION 7 PLAT
P.B. 152, PO. 23, B.C.R.
PSS opG5E41wEPANO •
R/W0 SA
NNVEH SULNE PCCE trf1�W 583.40
4MIT0 AGCES S12Mi7_ ' _ . .
_ E 4PNDR gAp3�3g7.
� �101 SEIMENTB 0-R•
EP 161.
ro pG.
Imp G
J � r
Lo 9
a51i W m
e v
� 1Ln N
o Ln
9 to
J �
c�
4' R,0540.4o
L10 o 58'01
'00_.,•, 2 21
LEGEND
P.O..
.PLAT BOOK
PG.
.PAGE
B.C.R.
BROWARD COUNTY RECORDS
L.B. .
LICENSED BUSINESS
O.R.Q.
OFFICIAL RECORDS BOOK
f•
CENTERUNE
R,/W •
RIGHT-OF-WAY
J
Tel. (954) 585-0997
Fax (954) 585-3927
N85*03'39"W
122.74"
WEST 12315WEST
123.79
A PORTION OF:
TRACT B
WESTPOWT SECTION 7 PLAT
P.B. 16Z PG. 23, B.C.R.
329,347 SQUARE FEET
(7.56 ACRES)
MORE OR LESS
REMAINDER OF:
T t : u :. .'
WESTPOINT SECTION 7 PLAT
P.B. 162, PO. 23, B.C,R.
S. LINE. TRACT
POINT OF
BEGINNING
250.28'
N00 44'46"W
103.51'
NO3 2127"W
219.48'
NOO'44
14'46"W
7.98'
WEST COMMERCIAL BOULEVARD
S. LINE, SW 1/4,
SECTION 7-4 -41-'�
Irz
Q N9
IC11-6W0
Cr
Qp]UL-
O (n
Oomti
CL
w
0
Qor
zUd3
� LLj
N �
zw�
a
'09"E
POINT OF
COMMENCEMENT
S.E. CORNER SW 114
SECTION 7-49-41
THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I
FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIP77ON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONA
SURVEYORS AND MAPPERS IN CHAPTER 61077-6. FLORIDA ADMINISTRA71VE CODE. PURSUANT TO SECTION 472.07, FLORIDA STATUTES.
RENSIONS DATE BY
Javier De La Rocha el�
PROFESSIONAL SURVEYOR AND MAPPER 6060 - STATE OF FLORIDA
DATE OF SKETCH: I DRAWN BY CHECKED BY FIELD BOOK
4/12/03 THK JDLR I N/A
SEAL 116
NOT VALID UNLESS
SEALED HERE WITH
AN EMBOSSED
SURVEYOR'S SEAL00
SHEET 1 OF 2
2005 -
STONER & ASSOCIATES, INC.
SURVEYORS -MAPPERS
4341 S.W. 62nd Avenue Florida Licensed Survey
Davie, Florida 33314 5 and Mapping Business No, 6633
LEGAL DESCRIPTION FOR:
A PORTION OF TRACT B
WESTPOINT SECTION 7 PLAT
PLAT BOOK 162, PAGE 23, B. C.R.
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
LEGAL DESCRIPTION:
A PORTION OF TRACT B, WESTPOINT SECTION 7 PLAT,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 16Z PAGE 23, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHEAST CORNER OF THE
SOUTHWEST ONE —QUARTER (S.W. 1/4) OF SECTION 7,
TOWNSHIP 49 SOUTH, RANGE 41 EAST;
THENCE S.89 07'00"W., ALONG THE SOUTH LINE OF THE
SAID SOUTHWEST ONE —QUARTER (S.W. 1/4) A DISTANCE
OF 142.53 FEET;
THENCE N.00'53'00"W., A DISTANCE OF 60.00 FEET, TO A
POINT ON THE SOUTH LINE OF SAID TRACT B;
THENCE N.44'11'07"E, A DISTANCE OF 49.44 FEET;
THENCE N.82 34'09"E., A DISTANCE OF 28.19 FEET,
THENCE N.00 4446"W., A DISTANCE OF 147.99 FEET,
THENCE N.0321'27"W., A DISTANCE OF 219.48 FEET,•
THENCE N.00'4446"W., A DISTANCE OF 103.51 FEET, TO
THE POINT OF BEGINNING,
THENCE CONTINUE N.00'44'46"W., A DISTANCE OF 345.37
FEET,•
THENCE WEST, A DISTANCE OF 123.79 FEET,•
THENCE N.85 0339"W., A DISTANCE OF 122.74 FEET,•
THENCE WEST, A DISTANCE OF 123.15 FEET,
THENCE 5.72'12'21 "W., A DISTANCE OF 583.40 FEET, TO A
POINT ON THE EAST RIGHT—OF—WAY LINE OF THE
SA WGRASS EXPRESSWAY,
THENCE S.1 i'4739"E., ALONG SAID EAST RIGHT—OF—WAY
LINE, A DISTANCE OF 283.14 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE
NORTHEAST,•
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE, TO THE LEFT, HAVING A CENTRAL ANGLE
OF 09 58'01" AND A RADIUS OF 540.00 FEET FOR AN ARC
DISTANCE OF 93.94 FEET TO A POINT ON A
NON --TANGENT LINE,
Tel. (954) 585-0997
Fax (954) 585--3927
LEGAL DESCRIPTION: (CONTINUED)
THENCE N.72'12'21 "E., A DISTANCE OF 584.03 FEET;
THENCE EAST, A DISTANCE OF 250.28 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE WITHIN BROWARD COUNTY, FLORIDA
CONTAINING 7.56 ACRES (329,374 SQUARE FEET), MORE
OR LESS.
NOTES:
1. THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED
FOR OWNERSHIP, RIGHTS —OF —WAY, EASEMENTS OR OTHER
MATTERS OF RECORD.
2. THIS SKETCH IS "NOT VALID" WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
3. THE BEARINGS SHOWN HEREON ARE BASED ON A PLAT
BEARING OF 5.8907'00"W., ALONG THE SOUTH LINE OF
THE SOUTHWEST ONE —QUARTER (SW X) OF SECTION 7,
TOWNSHIP 49 SOUTH, RANGE 41 EAST,
4. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY.
(THIS IS NOT A SURVEY).
5. THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS
FIRM WITHOUT THE BENEFIT OF A TITLE SEARCH. THE
LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY
STONER & ASSOCIATES, INC.
I.
200�
SHEET 2 OF 2