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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-100Temp. Reso. #13143 July 12, 2018 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018 / dg) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH TAMARAC MAIN STREET LAND, LLC, FOR THE POLLO TROPICAL PROJECT, LOCATED AT 8851 W. 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 THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID EASEMENT; 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, Tamarac Main Street Land, LLC, is the owner of the Pollo Tropical Project located at 8851 W. 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, Tamarac Main Street Land, LLC has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Pollo Tropical Project; and Temp. Reso. #13143 July 12, 2018 2 WHEREAS, it is the recommendation of the Director of Public Services that the Blanket Public Safety Ingress/Egress Easement with Tamarac Main Street Land, LLC, be approved and executed for the Polio Tropical 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 Tamarac Main Street Land, LLC, for the Polio Tropical 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 City Commission hereby accepts a Blanket Public Safety Ingress/Egress Easement ("the Easement") with Tamarac Main Street Land, LLC, for the Polio Tropical Project located at 8851 W. Commercial Boulevard, and the appropriate City Officials are hereby authorized to execute the Easement (a copy of which is attached hereto as "Exhibit 2"). 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. J Temp. Reso. #13143 July 12, 2018 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 9,9 day of J,2018. HARRY DRESSLER MAYOR ATTEST: PATRICIA TEUF L, C CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM CMUEL S. GOREN ITY ATTORNEY CITY OF TAMARAC BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT TR#13143 TR#1 3143 Exhibit 2 TAMARAC PUBLIC SERVICES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: POLLO TROPICAL (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of 3 2018, by Tamarac Main Street Land LLC, having an address of 4500 NW 135 Street, Opa Locka, FL 33054, (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88tn 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 Dollars ($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 981208 1 Blanket Public Safety Ingress/Egress Easement such as services to existing utilities, maintenance to existing canals, fire protection, police protection, emergency and other public safety services. It is acknowledged that Grantor, or its successors, intends to construct A 3,500 sg.ft. fast casual dining restaurant 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. Type Name A,),Wk Corporate Secretary (Corporate Seal) STATE OF FLORIDA `� ' SS COUNTY OFMID� l -10I M-C (GRANTOR) T�� a - �+ M S-i� �e,i L i-. C By: Type Name t' n K Kr &aJ President 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 < icr to me known to be the person(s) described in and who execuf4d the foregoing instrument and acknowledged before me and under oath that V' executeoffie same. A WITNESS my hand and official seal this day of 201 �. ......... Nil 041, • � �Q`gm Sao � • o •• #FF 156012 O.•.•Aublfc 660 ('/)/Personally known to me, or ( ) Produced Identification C. TxVk6&- --, NOTARY PUBLIC, State of Florida at Large cy M�0- (�ain (Name of Notary Public: Print, Stamp, or type as Commissioned) n'a Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an 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: A. �-- �s : ec ATTESCO rl, By: Patr la Teufel, CIVIC City Clerk STATE OF FLORIDA ACCEPTED By C Y OF TAMARAC GRANTE V..,, By. Harry Dr sler Mayor Date: �- I U. Uernech City Manager, Date: Approves to form: B 6FVsamuel S. Goren, : SS City Attorney COUNTY OF 13R;7 AR,4 : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid ano in the Coun y aforesaid to take acknowledgments, personally appeared A%G�;Ci9 �'YN+� to me knowr) to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that A e executed the same. WITNESS my hand and official seal this 20ig . 0 TINA M. WHEATLEy P,= Notary Public - State of Florida Commission t GG 224629 ' My Comm. Expires Aug 6' 2022 . Lded through National Notary Assn. �CF 3 day of , NOTARY PUBLIC, State of Florida N at Large ,l�? Al, k1l e�.� /e (Name of Notary Public: Print, Stamp, ( Personally known to me, or or Type as Coma sioned) ( ) Produced identification /T Type of I.D. Produced ( ) DID take an oath, or (A DID NOT take an oath 981208 4 Blanket Public Safety Ingress/Egress Easement IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. 1,-7 ATTEST - By: By: Type Name U S &r6 - (Corporate Seal) STATE OF FLORIDA SS COUNTY OF MORTGAGEN )rAorida Community Bank Type Name ',:� Ge- PFeGid@ jt S V F I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afa said aridariOln the County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in' nd who executed thefioregoing instrument and acknowledged before me and under oath that executed the same. t... 20 1 �,MITNESS my hand and official seal this � day of MAYTE NUNEZ '_• MY COMMISSION #FF094358 EXPIRES May 18, 2018 (407) • de-0153 FloridallotaryService,com (""'Personally known to me, or ( ) Produced Identification NOTARY P LIC, State of Florida at Large 4e,l,* d,) e � (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( �` ID take an oath, or ( ) DID NOT take an oath. 981208 5 Blanket Public Safety Ingress/Egress Easement TR#13143 Exhibit "A" � � I I 4s b I I 4 Ixot �oarto) o ' 1;l 1 g I ® _ • 4 4 4 i e° j T .. o N } fs1 I , crr' v Mall' ��. p �o R rn ie•— ze n ,z• s ,r s scans e,ov. - as le.a zi.s _ sz.r rt 91 > I i r € AEA'` �S" 1 ® ® a Ot I O g � � � ry � � y I �� �-_ + R4• ,a s svMcs notes m.�LFs eto'F .-w•" ,r B1 � �� I, V' i2q _ 4 k a---------- ODi to p 0 R b m _g§ a moo. I I N"55„ F 14L'��] Hpjl € x a a a CUPEN •• �m��m�m..y��mm� yea c�i Hui ��"� o m� � gym' gz? ooq�90 b� nQ MOT O®®®®®®®®®®®®®®®®®®®®®® ®©®®®®®O®000 0000®00 3 am" a FIESDA � �.. ,W_