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Home My WebLink AboutCity of Tamarac Resolution R-2018-051Temp. Reso. #13094 May 8, 2018 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018 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 GOLDCOAST PREMIER PROPERTIES III, LLC, FOR THE WOODSPRING SUITES PROJECT, LOCATED AT 5751 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, Goldcoast Premier Properties III, LLC, is the owner of the Woodspring Suites Project located at 5751 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, Goldcoast Premier Properties III, LLC has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Woodspring Suites Project; and J Temp. Reso. #13094 May 8, 2018 2 WHEREAS, it is the recommendation of the Director of Public Services that the Blanket Public Safety Ingress/Egress Easement with Goldcoast Premier Properties III, LLC, be approved and executed for the Woodspring Suites 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 Goldcoast Premier Properties III, LLC, for the Woodspring Suites 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 Goldcoast Premier Properties III, LLC, for the Woodspring Suites Project located at 5751 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 Temp. Reso. #13094 May 8, 2018 3 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 day of 2018. x" HAR DR S�LER, MAYOR ATTEST: 4 PATRICIA TEUFEL, CMC 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 A U L S. GOREN CITY ATTORNEY CITY OF TAMARAC BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT TR#13094 Design By: EJW Date: 4/24/2018 WOODSPRING SUITES Created By: EJW Date: 4/24/2018 Exhibit 1 Checked By: Date: EJW City of Tamarac, Broward County, Florida Approved By: Date: Sec. 7, TWR 49, RGE 41 TR#13094 Exhibit 2 CITY OF TAMARAC BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: WOODSPRING SUITES This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of March2018 by Gold Coast Premier Properties 111, LLC, a Florida limited liability company, having an address of 16155 SW 117In Avenue Suite B-2, Miami, FL 33177 (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. It is acknowledged that Grantor, or its successors, intends to construct a 123-room hotel 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. 981208 Blanket Public Safety Ingress/Egress Easement 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. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. --zzz - Type Name tmo►w 3urocl STATE OF FLORIDA SS COUNTY OF MIAMI-DADE GRANTOR Gold Coast re roes III, LLC By. Ra Ia, its 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 Raul Garcia to me known to be the person(s) described in and who executed the foregoing instrument and Raul Garcia, President of Gold Coast Premier Properties III, LLC, acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this day of March 2018. NOTARY PUBLIC, State of Florida at Large ( ) Personally known to me, or SHEILA MARTINEZ ( ) Produced Identification type of I.D. produced _ EXPIRES November 02, 2020 , or DID take an oath, or ( ) DID NOT take an oath. type as Commissioned) 981208 2 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: ACCEPTED Y CITY OF TAMARA GRANTE By: Harry D ssler \01111111/// �5N �" Mayor Date: ATTEST: moo`/f`Z PD GO\�\`` 111111 + ichael C. ernech By: c�- City Manager • Patricia Teufel, CIVIC City Clerk Date: Approved to form: By��/l STATE OF FLORIDA g,8amuel . Goren, : SS City Attorney COUNTY OF Roue I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaidand in the County aforesaid to take acknowledgments, personally appeared M le ae / C. Carrnl�� to me known to be the person(s) described in and who executed the f9regoing instrument and j �?. acknowledged before me and under oath that h e executed the same. WITNESS my hand and official seal this day of 201L. TINA M. WHEATLEY NOTARY PUBLIC, State of Florida Notary Public State of Florida at Large ? ; ; My Comm. Expires Aug 6, 2018 ' "�• Commission # FF 135878 --�A M - Ale" Bonded Through National Notary Assn. (Name of Notary Public: Print, Sta p, (� Personally known to me, or or Type as Commissioned) ( ) Produced identification NIA Type of I.D. Produced ( ) DID take an oath, or X) DID NOT take an oath 981208 3 Blanket Public Safety ingress/Egress Easement I, RAUL GARCIA, do hereby affirm that I am the President of GOLD COAST PREMIER PROPERTIES III, LLC and that 1 have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for the WOODSPRING SUITES project and that GOLD COAST PREMIER PROPERTIES III, LLC 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 FLORIDA SS COUNTY OF MIAMI-DADE FURTHER AFF T Rau rcia Dated this 4�day of March 2018. 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 Raul Garcia to me known to be the person described in and who executed the foregoing instrument and Raul Garcia acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this ;t.`# day of March 2018. ( ' .) Personally known to me, or Produced Identification type of I.D. produced _ NOTARY PUBLIC of Florida at Large ;,;;sr' 1L MdI►RTINEZ *c IS MY COMMI EXPIRES November 02.2020 or ( X ) DID take an oath, or ) DID NOT take an oath type as Commissioned) Revised 5/22/2012 4 Blanket Public Safety Ingress/Egress Easement TR#13094 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land being a portion of Tract B, WESTPOINT SECTION 7 PLAT, according to the plat thereof, as recorded'in Plat Book 162, page 23 of the public records of Broward County, Florida, said parcel being more particularly described as follows: Commence at the southeast comer of the Southwest one -quarter (SW 1/4) of Section 7, Township 49 SoAith, Range 41 East, Broward County, Florida; thence South 89" 0700" West, along the south line of said Southwest one -quarter (SW 1/4) a distance of 142.53 feet; thence North 00' 53' 00" West, a distance of 60.00 feet to a point on the North right of way line of Commercial Boulevard; thence North 89" 07' 00" East, a distance of 62,9 f feet; thence North 00' 44' 46" West, a distance of 186.12 feet to the southwest corner of Loop Road, per Official Records Book 32245, page 1262, of the public records of Broward County, Florida; thence North 03° 21' 27" West, along the west line of said Loop Road, a distance of 127.74 feet to the Point of Beginning; thence South 89' 56' 14" West, a distance of 433.89 feet; thence South 00' 00' 00" West, a distance of 262.31 feet to a point on the north right of way line of the Sawgrass Expressway; said point being on the are of a non -tangent curve concave to the northeast, a radial line of said curve through said point having a bearing South 10' 31' 33" West; thence westerly, northwesterly and northerly, along the are of said curve, to the -right, having a central angle of 51° 42' 48" and a radius of 540.00 feet, for an are distance of 487.39 feet, to a point' of non - tangent line; thence North 72' 12' 21" East, a distance of 584.03 feet; thence North 90' 00' 00" East, a distance of 250.28 feet to a point on the west line of said Loop Road; the following two courses being coincident with said west line; thence South 00' 44' 46" East, a distance of 103.51 feet, thence South 03' 21' 27" East, a distance of 91.74 feet to the Point of Beginning, said lands situate within Broward County, Florida. FIR 1113305190 TR#13094 UP ION o-ft 9=iffiff m r e Age); ,A); H4E.", � O �$ `e Pmgr8= _$ r `s.�>� gee g ySSYB i ti9: ooy89co iFRs lg AR R��$P p� cg ;u @41 >s= u UGC �i$=85 $ $ -_-i -B am g $ gg pp g§€ m Y3'4 06�-�`� oY��s Sm Z n A i H RE $ ¢� d m � tlR d � Ll C) o = WOODSPRING SUITES CITY OF TAMARAC 5751 MADISON AVENUE y� �` iLl i °rsm ---------- ' -------- ---- SITE PLAN Exhibit "A" m O O s l v I O fii � � y uo-Nsa rnar�aoxu p�®�®q� q�gg pgag��® %tCE L FERNANOFy PE i i ley))) o ® G a uaxx wi�x ® oae m°m,a �woH s +rye-a 71682 a 2M7 gaEr-xaw MD w55oo/.tLS M D35 uxwwu mt0.E SN1E �<DD. CpUl DARFS 0. D313t