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Home My WebLink AboutCity of Tamarac Resolution R-2009-060April 23, 2009 - Temp. Reso. #11610 Page 1 of 3 r--7 L CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- 6LO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SIDEWALK EASEMENT WITH PALMETTO HOSPITALITY OF TAMARAC I, LLC., FOR THE HAMPTON INN & SUITES PROJECT, LOCATED AT 5701 MADISON AVENUE AUTHORIZING; 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, pursuant to Section 20-84 of the City Code, the development of the Hampton Inn & Suites Project, located at 5701 Madison Avenue requires the construction of a sidewalk along Madison Avenue (attached hereto in map form as "Exhibit 1 "); and WHEREAS, City Code Section 20-85, requires the owner of a property to dedicate an easement to the public when there is not sufficient room within the right-of-way for the construction of a sidewalk adjacent to all property abutting a public street; and WHEREAS, there is not sufficient room within the right-of-way of Madison Avenue to construct the required sidewalk for the Hampton Inn & Suites Project; and WHEREAS, Palmetto Hospitality of Tamarac I, LLC., as owner of the Hampton Inn & Suites Project has offered this Sidewalk Easement, attached as Exhibit 2, herein; and 1 April 23, 2009 - Temp. Reso. #11610 Page 2of 3 WHEREAS, it is the recommendation of the Director of Public Works that this Sidewalk Easement be accepted, executed and recorded; 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 authorize the appropriate City Officials to accept, execute and record this Sidewalk Easement with Palmetto Hospitality of Tamarac I, LLC., for the Hampton Inn & Suites Project located at 5701 Madison Avenue as required for the construction of sidewalks. 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. All exhibits attached hereto are incorporated herein and made specific part of this resolution. Section 2: The appropriate City Officials are hereby authorized to accept, and execute this Sidewalk Easement with Palmetto Hospitality of Tamarac I, LLC., for the Hampton Inn & Suites Project located at 5701 Madison Avenue to allow legal access by the public. Section 3: The City Clerk is hereby authorized and directed to record said document in the Public Records of Broward County. Section 4: That 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. April 23, 2009 - Temp. Reso. #11610 Page 3of 3 1 1 1 Section 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /3 day of , 2009. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. DUEL S. GOREN ITY ATTORNEY BETH • WAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD' DIST 3: COMM GLASSER DIST 4: COMM. DRESSLER �l% Temp. Roso. No. 11610 CITY OF TAMARAC Saade: N.T.S N PUBLIC WORKS DKPARTU$NT • x� Na KNODIRERING DIVISION SHEET 1 OF 1 W E sr sa SIDEWALK EASEMENT Is, TR# 11610 T❑SHIBA Q' BUSINESS 'cD S❑LUTI❑NS CD PUBLIC FIRE LAND SEC, Q o SERVICES z v, STATI❑N COMPLEX 7 LcJ L H G ^0^ C^ L ^0 W LL KEYES w w COVERAGE 3 h 3 FAIRBANKS --- STATESTREET CHRYSLER/ DODGE WESTP❑INT MAYORS DISTRIBUTI❑N JEWELERS CENTRE 1 �� Y SAWGRASS CY o_ INFINITI SONNYS MAYORS PLAZA m ENTERPRISES HAMPT❑N INN & SUITES H❑TEL C❑NVERGYS Q ❑FFICE BUILDING D GOLD z �— COAST REAL SITE LOCATIO = ESTATE M❑BIL SUNRISE CMMERICIAL B[__VD ............................................................................ . REVISIONS °— ° 'mom ft Z-f'w' boic ""'�' HAMPTON INN & SUITES fi a et s.f.w. Ora: a�/ss/bo .. �. EXHIBIT I Am". W AV D.W. J" E. WNW. P-. CITY OF TAMARAC, BROWARD COUNTY, FLORIDA FL No. sm SEC. 7, TWP. 49, RGE. 41 Exhibit 2 TR#11610 CITY OF TAMARAC SIDEWALK EASEMENT FOR: HAMPTON INN & SUITES NAME OF PROJECT This SIDEWALK EASEMENT made this % � day of .X�d�tain 2009,by Palmetto Hos italit of Tamarac I LLC 9havin an address of 34Street Suite 300 Spartanburg, SC 29302, (hereinafter "Grantor"), and the City of Tamarac, a municipal corporation of the State of Florida, having an address at 7525 Northwest 88tn Avenue, Tamarac, Florida 33321, (hereinafter "Grantee"). (Whenever used herein, the term "Grantor" and "Grantee" shall include the respective successors and assigns of the parties hereto, whenever the context so admits or requires). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Broward County, more particularly described in Exhibit "A" attached hereto, (hereinafter referred to as "Servient Estate"); and WHEREAS, Grantor desires to grant unto Grantee a non exclusive sidewalk easement to use a portion of the servient estate. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations paid by each of the parties hereto to the other party, receipt of which is hereby acknowledged by both parties, the parties hereto do hereby grant and agree as follows: 1 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive sidewalk easement over and upon the servient estate for the installation of a sidewalk. 2. Grantor reserves all rights not herein granted pursuant to this sidewalk easement, including but not limited to, the right of free ingress and egress over and upon the servient estate and to grant further sidewalk easements under, over and on the servient estate; provided that, in no event shall any of the rights herein reserved impede the sidewalk easement herein granted or the exercise of the rights of use thereunder. I The provisions of this sidewalk 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. 4. This sidewalk easement shall not be released or altered without consent of the Grantee. 2 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. WitlKess Type NameEa /c. Co c-i-114� Type Name-;�h'rk� CLcdr; STATE OF Ft@_ RtB# SS COUNTY O Vic. 9 (GRANTOR) palmetto Hospitality of Ta ac I, LLC. Type Name/ 7- i, T �L c Type Name/Title 4,r 1 �4SVr%-- 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 n _ }�-�"'i t�rei o'er to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that 1Z. executed the same. � WITNE S my hand and official seal this I " 1 day of 1 &CQ" , 200CA ( � ) Personally known to me, or ) Produced Identification NXARY PUBLIC, tate of Fh4dr a . rge Lin V-V--�t ( ame of Notary Public: Print;'] ,Stamp, or type as Comm ission�. otmf 3l, pooq Type of I.D. Produced ) DID take an oath, or ( ) DID NOT take an oath. 3 ATTEST: Jeffrey . Mi er City Manager ATTEST: By:y`�. ti J� 1-�/ Marion -Swenson, CIVIC City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: Beth Flansbaum-Talabisco Mayor Date: &,Ik / � �`�0 k2y � Jeffrey L. ill City Manager Date: 0 / Approved toj e--form: By ! li Camuel . Goren, ity Attorney COUNTY OFf. IO&J,440 : G I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afores id and, in the County aforesaid to take acknowledgments, personally appeared Ae?' , �� Y .w X1111e1 to me known to be the persons) described in and who executed the ' foregoing instrument andhR:. acknowledged before me and under oath that c '-, executed the same. SS WITNESS my hand and official seal this H day of d� 2002 F Ulf - NOTARY PUBLIC -STATE OF FLORIDA NOTARY PUBLIC, State of Florida Tina M. Wheatley at Large r Commission # DD581925 r,, )ires: AUG. 06, 2010 BANDED THRU X112LIMC AONDING CO., INC. (Name of Notary Public. Print, Stamp, ( >C ) Personally known to me, or or Type as Commissioned) ( ) Produced identification Type of I.D. Produced ) DID take an oath, or( X ) DID NOT take an oath 7; k I/ id 6 M IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: B Type Name Corporate 5,qi�Cjpjpry rd ^� (C§rparat,q 1) i g a STATE OF l{3A ICI D I +h C0 %D1117Ck./ : SS COUNTY OF ' CA MOR AGEE Bank of America, N.A. By: Type Name juck Redhead President Sr. Vice President I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in t e County aforesaid to take acknowledgments, personally appeared JCACK R 11 eu to me known to be the person(s) described in and who execut d the foregoing instrument and )jLVacknowledged before me and under oath that ' executed the same. WITNESS my hand and official seal this I CO-Oday of M6WCO , 200Q. r M , PS!'?** �r Notary sot Go PublicMy Com. Exp. z DEMW 13, M Z '�►'%.._ SUFt4_. V ) Personally known to me, or ) Produced Identification NOTARY BLIC, State of Fleride U Ca W Ic►'x at Large 5hel M- Pea r5on (Name of otary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) DID take an oath, or ( ) DID NOT take an oath. 61 % . Exhibit "A" TR#11610 LAND DESCRIPTION 5' SIDEWALK EASEMENT WESTPOINT SECTION 7 PLAT (PB 162, PG 23, BCR) A PORTION OF TRACT B, WESTPOINT SECTION 7 PLAT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 162, PAGE 23, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS.- COMMENCE AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF MADISON AVENUE (50 FEET WIDE) WITH THE NORTH LINE OF WEST COMMERCIAL BOULEVARD (STATE ROAD 870) (120 FEET WIDE); THENCE NORTH 00'44 46" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF MADISON AVENUE, 63 73 FEET TO THE POINT OF BEGINNING; THENCE NORTH 46' 18'09 " WEST, 31,90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST• THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 39' 1122 ", AN ARC DISTANCE OF 20.52 FEET TO THE POINT OF TANGENCY,• THENCE NORTH 07'06 46" WEST, 33.65 FEET; THENCE NORTH 03'2739" WEST, 101. 13 FEET- THENCE NORTH 03'20 34 " WEST, 75. 63 FEET; THENCE NORTH 8957 56" EAST, 5 01 FEET; THENCE SOUTH 03'2036" EAST, 75.34 FEET,• THENCE SOUTH 03'2739" EAST, 100.96 FEET; THENCE SOUTH 07'06 46" EAST, 33.49 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST - THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 39' 11 22 " AN ARC DISTANCE OF 17. 10 FEET TO THE POINT OF TANGENCY - THENCE SOUTH 46'18b9" EAST, 27.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MADISON AVENUE; THENCE SOUTH 00'44 46" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, 7.00 FEET TO THE POINT OF BEGINNING; SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, CONTAINING 1291.80 SQUARE FEET (0.03 ACRE) MORE OR LESS, PROJECT NO: 08-0886 FILE NAME: X:\CADSURVEY 0886AOOHAMPTON INN SKETCHES SIDEWALK EASEMENT SHEET 1 OF 2 SHEETS A SHAH 1ENGINEERING L.�M DROTOS I SURVEYING rT S S 0 C I A T E S PUNNING SKETCH OF DESCRIPTION MDR of 2909 MDR CERTIFICATE OF AUTHORIZATION NO. LB 6456 / / 3410 N. Andrews Avenue Ext • Pompano Beach, FI. 33064 REVISIONS DWN DATE FB/PG CHKD PH: 954-943-9433 • FAX: 954-783-4754 TR#1 1610 SCALE: 1`40' SKETCH OF DESCRIPTION 5' SIDEWALK EA SEMEN T _ N WESTPOINT SECTION 7 PLAT (P8 162, PG 23, BCR) SURVEY NOTES• I. THIS IS NOT A BOUNDARY SURVEY 2 LANDS SHOWN HEREON WERE NOT fff � I� � � �,ASSOC14TES ABSTRACTED BY SHAH, DROTOS & FOR RIGHTs-OF-WAY, �I h? 3, EASEMENTS, OWNERSHIP, OR OTHER > INSTRUMENTS OF RECORD. J. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER SECTION 7-49-41, AS RECORDED IN PLAT BOOK 162 PAGE 21 OF -CORDS Z � THE PUBLIC RE OF BROWARD COUNTY, FLORIDA, SAID � LINE BEARS NORTH 89'0700" WEST -Q) A LO 4. RECORDED EASEMENTS HAVE BEEN OMITTED FOR CLARITY L- 17.10': 5 UNLESS IT BEARS 7HE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY AND V ZIS NOT VALID. . . . . .. .............. D-39-1122. L-20-52 7 love By., FOR THE , , PORWIV Or M7 V . . ............. �...... ............... r J, NESIPOW SEMM 7 ft47 Pr- 25 ArR. r* os&� VEYQR -,AND PRN �l MAPPER FLORID� RE-9JSTFOMOW*(�, 309,8 POWXVV or MWT -0- mzipoAT srcmv J* Pur AVRTH AY -OF- W4Y IW P�A 16Z Off PC- 2J &aR. N8907'00't M6. 13 WEST COMMERCIAL BOULEVARD (STATE ROAD 870) PROJECT NO: 08-0886 FILE NAME: X: CAp SURV 0886AOOHAMPTON INN \SKETCHES \SIDEWALK EASEMENT SHEET 2 OF 2 SHEETS OrM A SHAH ENGINEERING DROTQS SURVEYING I ,t7J.� & A S S 0 C I A T E S PLANNING SKETCH OF DESCRIPTION MDR 01/29/09 MDR CERTIFICATE OF AUTHORIZATION NO. LB 6456 3410 N. Andrews Avenue Ext o Pompano Beach, Fl. 33064 REVISIONS DWN DATE F8/PG CHKD' PH: 954-943-9433 0 FAX: 954-783-4754