HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-025Temp. Reso. #11570
February 2, 2009
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009�
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 WESTPOINT BUSINESS PARK 11, LTD.,
FOR THE WESTPOINT RETAIL PLAZA PROJECT,
LOCATED AT THE NORTHEAST CORNER OF
COMMERCIAL BLVD & HIATUS 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 DATE.
WHEREAS, Westpoint Business Park 11, Ltd., is the owner of the Westpoint Retail
Plaza Project located at the Northeast corner of Commercial Blvd & Hiatus 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, Westpoint Business Park 11, Ltd., has offered a Blanket Public Safety
Ingress/Egress Easement to the City of Tamarac for the Westpoint Retail Plaza Project;
and
Temp. Reso. #11570
February 2, 2009 2
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 Westpoint
Business Park II, Ltd., be approved and executed for the Westpoint Retail Plaza 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 Westpoint Business Park II, Ltd.,
for the Westpoint Retail Plaza 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 Westpoint Business Park II, Ltd., for the Westpoint
Retail Plaza Project located at the Northeast corner of Commercial Blvd & Hiatus 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
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1
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Temp. Reso. #11570
February 2, 2009 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 2009.
ATTEST:
b
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
L"o/ 2_Y/e
sAAUEL S. GORE
CITY ATTORNEq
c -
BETH FLANSBAUM-TA ABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD
DIST 3: COMM GLASSER '
DIST 4: COMM. DRESSLER %'—`
Temp. Reso. No. 11570
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sw Deem am L offimFL CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
K,W& EM SEC. 7, TWP. 49, RGE. 41
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TAMARAC UTILITIES
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: WESTPOINT RETAIL PLAZA
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
day of ,20_ by Westpoint Business Park II, Ltd., having an address of 6820
Lyons Tech. Circle Suite #100 Coconut Creek FL 33073 (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 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.
981208 1 Blanket Public Safety Ingress/Egress Easement
It is acknowledged that Grantor, or its successors, intends to construct Retail Center
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
A
IN WITNESS WHEREOF Grantor has hereunto set his haNaseal the day and
year first above written.(GRANTOR) Business
Ltd.
�4,yt
Witness /t I / Type Name/Title t o rS1 rk 2-, LK
Type Name {1 r� Val .
M-K"rAj AAt m btY : • t co l w� 8 , YS
Witness
Type Name
STATE OF FLORIDA
SS
COUNTY OF-Maw&.,YA
Type Name/Title
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State of resaid and in the County aforesaid to take acknowledgments, personally
appeared t3, "tys to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that �_ executeoe same.
20�
WITNESS my hand and official seal this �i day of j aAAAL�� ,
( ,Af Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large
Wommi'ssioned)
J.CuSM"
MYCOMMISSIONADD 83925G
f XPIRES: June 12,2011
(Name of4or type as
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:
ATTEST:
Marion Svj*son, CMC
City Clerk
STATE OF FLORIDA
ACCEPTED BY CITY OF TAMARAC
GRANTEE
Jeffrey L. ill
City Manager
Date: 7Z 07
7
Approv as to form:
B /
Samuel IS. Goren;
City Attorney
COUNTY OF
SS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in th County aforesaid to take acknowledgments, personally appeared
>�ry Yl r— to me known to be the person(s) described in and
who executed the foregoing instrument and h (--I- acknowledged before me and
under oath that i,,' executed the same.
WITNESS my hand and official seal this day of
2007.
NOTARY PUBLIC-S TATE OF FLORIDA
Tina M. Wheatley
`Commission # DD581925
110 -
Fxpires; AUG, 06, 2010
BONDLD TIIRU ATLv I -IC BONDING Co., INC.
(5<) Personally known to me, or
( ) Produced identification
NOTARY PUBLIC, State of F rida
at Large
(Name of Notary Public: Print, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or X) DID NOT take an oath
IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day
and year first above written.
981208 4 Blanket Public Safety Ingress/Egress Easement
mr11r:645
Type( ame Ios=c �1/IG I
EefP �P Seeretar y 4
(Corporate Seal)
STATE OF FLORIDA
: SS
COUNTY OF ,enpzo :
MORTGAGEE
By:
Type Name i
-Pfesi&Mt
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 _ -ALIL& to me known to be the person(s)
described in and who executed the foregoing instrument and Ae acknowledged
before me and under oath that 6_ executed the same.
WITNESS my hand and official seal this %,./ Cz day of (Lz -, k _
20 Oq . ,
(ElMARY KMq{�E
l
ry Pvbk * $00 of f�AWIy Coo. IXOM A" 27, U12
C"Mil "#t DD llis=
(X) Personally known to me, or
( ) Produced Identification
NOTARY'PUBLIC, State of Florida
at Large
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
981208 5 Blanket Public Safety Ingress/Egress Basement
No Text
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STONER & ASSOCIATES, INC.
4341 S.W. 62nd Avenue SURVEYORS - MAPPERSLBfifi33 Tel. (954) 585-0997
.
Davie, Florida 33314 Fax (954) 585-3927
LEGAL DESCRIPTION OF WESTPOINT PLAZA
A PORTION OF TRACT A WESTPOINT SECTION 7 PLAT
PLAT BOOK 162, PAGE 23, B.C.R.
LEGAL DESCRIPTION:
A PARCEL OF LAND BEING A PORTION OF TRACT D, WESTPOINT SECTION 7 PLAT, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 16Z PAGE 23, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINS AT THE MOST NORTHERLY SOUTHWEST CORNER OF SAID TRACT D;
THENCE N.01'07'32"W., ALONG THE EAST RIGHT-OF-WAY LINE OF HIATUS ROAD, A DISTANCE OF 225.30 FEET;
THENCE EAST, A DISTANCE OF 566,00 FEET;
THENCE SOUTH, A DISTANCE OF 251,43 FEET,•
THENCE S.8906'50"W., A DISTANCE OF 25,00 FEET;
THENCE SOUTH, A DISTANCE OF 12,00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT D AND THE NORTH
RIGHT-OF-WAY LINE OF COMMERCIAL BOULEVARD;
THENCE S,8906'50"W„ A DISTANCE OF 0.92' FEET;
THENCE N.8727'09'W„ A DISTANCE OF 200,36 FEET;
THENCE S.8906'50"W„ A DISTANCE OF 300.00 FEET,•
THENCE N.4600'21 "W., A DISTANCE OF 49.39 FEET TO THE POINT OF BEGINNING. THE PREVIOUS FOUR (4) COURSES
BEING COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF COMMERCIAL BOULEVARD,
SAID LANDS SITUATE WITHIN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA CONTAINING 3.32 ACRES (144,728
SQUARE FEET), MORE OR LESS.
SURVEY NOTES:
1, THE BEARINGS SHOWN HEREON ARE BASED ON A PLAT BEARING OF S,8906'50"E., ALONG THE SOUTH LINE OF THE
SOUTHEAST ONE -QUARTER (SE X) OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST.
2. THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RIGHTS -OF -WAY OF OTHER MATTERS OF
RECORD BY STONER & ASSOCIATES. INC.
3. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY (THIS IS NOT A SURVEY).
4. FOR MORE INFORMATION ABOUT POSSIBLE EASEMENTS AND RESTRICTIONS ON THIS PROPERTY REFER TO THE PUBLIC
RECORDS OF THIS COUNTY AND THE PLAT OF RECORD,
THIS I5 TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON 15 ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDQE.-AN0'17tT
FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL. STANDARDS SET FORTH BY THE FLORIDA-OVARD OF PROFE55IONAL
SURVEYORS AND MAPPERS IN CHAPTER 61C17-6. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472,07, FLORIDA ST,AFMTE§. 1
REVISIONS DATE By ) ISEAL -
HIL 1211 06 Dft NOT VALID UNLF_'SS L'
RICHARD G. CRA JR. SEALED HERE; 41L7W �
A'a1 E030SSED _
PROFESSIONAL SURVEYOR MAPPER NO. 537 E F FLORIDA SURVEYOR'S SE:At�
DATE OF SKETCH: I DRA CHECKED BY FIELD BOOK -s
8/4/04 JDLR WDLR N/A SHEET 1 OF 2 0
FILE: F:\Drow\0ut14m Canlruelion\rkstpninl C4nlre\dwq\02-63ivAto prod-S&0.0" DATE:: Doe 11, rope - 2-.36prn EST
No Text
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STONER & ASSOCIATES, INC.
4341
S.W. 62nd
Avenue SURVEYORS - MAPPERS
Davie,
Florida 33314 LB, 6633 Tel. (954)
585-0997
Fox (954)
585-3927
SKETCH OF WESTPOINT PLAZA
A PORTION OF TRACT D, WESTPOINT SECTION 7 PLAT
PLAT BOOK 162, PAGE 23, B.C.R.
LEGEND:
PG. PAGE
THIS
P.B. PLAT BOOK SKETCH
�
ill.LEI.
NON ACCESS R/W LINE
B.C.R.. BROWARp COUNTY RECORDS
COMMERCIAL a�D
SCALE:
1"=100' --- BREAK IN LINE SCALE
6m�m���
CENTERLINE
LOCATION MAP
a 75 50 10o 200 T•U-W . TAMARAC UTILITIES WEST
(NpT TO SCALE)—
A PORTION OF TRACT D
WESTPOINT SECTION 7 PLAT
P.B. 162, PC. 23. B.C.R,
m
o 15.0'
(GOLD COAST PARCEL)
EAST 566.00'
w
NORTH LINE OF
a y
I
RETAIL PARCEL
a
a
K
M7 4
.....A:': :
C
C
CIDN
z
(WESTPUNT PLAZA)
a ;y
I
A PORTION OF TRACT D
A PORTION OF TRACT D
WESTPOINT SECTION 7 PLAT
o
N W I
WESTPOINT SECTION 7 PLAT
P.B. 16Z PG. 23, B.C.R.
o vi P,B. 16Z PG. 23, B.C.R.
w N
o
^
(CHURCH PARCEL)
PONT OF BEGINNING
MOST NORTHERLY SOUTHWEST S89*06'50"W
CORNER OF TRACT D
75' FLORIDA POWER &
15. 00'
r LIGHT EASEMENT PER O.R,B,
15-FLORMA POWER�GRTtASEMENT
29471, PG. 1531, B.C.R.
PER 0.R•13,_29411, PO. 1531, O.C.R.
20T.U.W. EXCLUSIVE �" SOUTH
_ _EASEMENT (PER PLAT) _ �Z.00'
�q
_
SOUTH LINE OF TRACT 0 15' UTILITY EASEMENT (PER PLAT)
NORTH RIGHT-DF-WAY LINE 589106SO"W 300.00 N87 7'O9"1111, 200,.36'
OF COMMERCIAL BLVD
V
N
COMMERCIAL BOULEVARD Ck S89,06'50"w
o
(STATE ROAD 870) 0 92'
o
RIGHT-OF-WAY PER O.R.B. 4383, PG, 25, B.C.R.
S50"W
LINE OF THE $. E. 1/4 OF SECTION 7-49-41
SOUTH THE SI
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