HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-077Temp. Reso. #11629
May 15, 2009 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009 77
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 PALMETTO HOSPITALITY OF TAMARAC
I, FOR THE HAMPTON INN & SUITES PROJECT, LOCATED
AT 5701 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, Palmetto Hospitality of Tamarac I, is the owner of the Hampton Inn &
Suites Project located at 5701 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, Palmetto Hospitality of Tamarac I, has offered a Blanket Public Safety
Ingress/Egress Easement to the City of Tamarac for the Hampton Inn & Suites Project; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Temp. Reso. #11629
May 15, 2009 2
Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Palmetto
Hospitality of Tamarac I, be approved and executed for the Hampton Inn & 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 Palmetto Hospitality of Tamarac I,
for the Hampton Inn & 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.
All exhibits referenced in this resolution are hereby incorporated herein and made a
specific part hereof.
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 Palmetto Hospitality of Tamarac I, for the Hampton Inn & Suites
Project located at 5701 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
1
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Temp. Reso. #11629
May 15, 2009 3
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6:
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this /"� day of , 2009.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
i 1 I
SAMN EL S. GOREN
t
� CITY ATTORNEY
A;6'�"
BETH FLANSBAUM-TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR f=LANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD
DIST 3: COMM GLASSER
DIST 4: COMM. DRESSLER G
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HAMPTON INN & SUITES
EXHIBIT 1
CITY OF
FLORIDA
+. INSIk*_J 08456165
OR BK 46CY44 Pages 1
RECORDED 01 '7 0
Exhibit 2 TR#11629 BROWPRDc0
DOC STMP- . $0.70
DEPOT ERK 2030
TAMARAC UTILITIES #1, ages
BLANKET PUBLIC SAFETY
INGRESS/EGRESS EASEMENT
PROJECT: 4m (hh and �tfit r
(NAME OF PROJECT)
This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this
day of_Cc-6kl ,wl ,20W by Palmetto Hospitality of Tamarac -I
LLC having an address of 340 E. Main Street, Suite 300, Spartanburg, SC 29302 (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.
88
17
981208 1 Blanket Public Safety Ingress/Egress Easement
It is acknowledged that Grantor, or its successors, intends to construct a Hampton Inn
d Suites 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.
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) �'��t aas
Witness 1' .� Type Name/Title
Type Name VS - ll YlT
Witness
Type Name
Type Name/Title
X1p Ii r*6-
STATE O
: SS
COUNTY O iW"
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
appearedRLn eajC-h to me known to be the person(s) described in
and who executed the foregoing instrument and & acknowledged before me and
under oath that %"- executed the same.
WITNESS my hand and official seal this 1-7 day of ,
200:�_.
_ a _
NOTARY PUBLIC, Stat of ^0(41
at Large►Y1a'
( %/) Personally known to me, or
) Produced Identification
Type of I..D. Produced
) DID take an oath, or (
TOnraT.` rN
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
My commis* Expires
August 16, 2015
) 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:
By
Marion Swenson, CM
City Clerk
STATE OF FLORIDA
:SS
ACCEPTED BY CITY OF TAMARAC
GRANTEE
vgy. C, /17eK
Jeffrey VVAilleF
City Manager
Date:
Approved s to form:
By::
all
S. Goren,
D City Attorney
COUNTY OF a�Q
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aj.p[es id and in the County aforesaid to take acknowledgments, personally appeared
1w� f lq,11eK to me knownjp be the person(s) described in and who
executed the forego instrument instrument and P� acknowledged before me and
under oath that h el executed the same.
WITNESS my hand and official seal this day of
200'�/.
NOTARY PUBLIC -STATE OF FLORIDA
Tina M. Wheatley
Commission # DD581925
Expires: AUG. 06, 2010
BONDED THRU ATLM'TIC BONDING CO., INC.
( X) Personally known to me, or
( ) Produced identification
NOTARY PUBLIC, State of orida
at Large
(Name of Notary Public: Pfint, Stamp,
or Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) 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
.-)� , c. .
ATTEST:
By: r
Type ame Z eAl
n
Corporate Secretary
(Corporate Seal)
STATE OF [ C' No r1- OA In ItY,
SS
COUNTY OF IN eC.0 (gil b,,vvfj
Bank of
MORTGAGEE America
i
By:
Type Name _ _ Kay P. Ostwalt
President asst. Vice - rC-1SSjdM
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid pd in the Courtty aforesaid to take acknowledgments, personally
appeared OS1 WO, I to me knovyn to be the person( ) described in
and who execu ed the fore of g i strum nt an �. QS} I cknowledged
before me and under oath that D&C ( ex cuted the same.
20 M WITNESS my hand and offic al seal this _day of nzkti ,
( Personally known to me, or
Produced Identification
Type of I.D. Produced
) DID take an oath, or (
NOTARY PU13LIC, State of a NpAt'd'u"11vie,
at Large
(Name o ota .,Q: Print, Stamp,
or type as CosMnsip
�liW ''9 N
C IV, 9N1
Public 0
PP My Com
) DID NOT take an oath.
RG d!
AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT
APPLICABLE
981208 5 Blanket Public Safety Ingress/Egress Easement
Exhibit "A" TR#11629
STONER & ASSOCIATES, INC.
SURVEYORS - MAPPERS Tel. (954) 585-0997
4341 S.W. 62nd Avenue Florida Licensed Survey
Davie, Florida 33314 and Mapping Business No. 6633 Fax (954) 585-3927
SKETCH OF DESCRIPTION FOR:
HAMPTON INN & SUITES
A PORTION OF TRACT BAND C, WESTPOINT SECTION 7 PLAT
PLAT BOOK 162, PAGE 23, B.C.R.
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
LEGAL DESCRIPTION: (PARCEL OF LAND)
A PORTION OF TRACT 8 AND A PORTION OF TRACT C, 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 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 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 NORTH RIGHT-OF-WAY LINE OF COMMERCIAL BOULEVARD.
SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE N 89*07*00" E, A DISTANCE OF 62.91 FEET;
THENCE N 00'44'46" W. A DISTANCE OF 186.12 FEET;
THENCE N 0371'27" W. A DISTANCE OF 127.74 FEET;
THENCE S 89'56'14" W. A DISTANCE OF 433.89 FEET;
THENCE S 00'00'00" W. A DISTANCE OF 262.31 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE SAWGRASS EXPRESSWAY;
SAID POINT BEING ON ARC OF A NON -TANGENT CURVE TO THE NORTHEAST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT
HAVING A BEARING OF N 10'31'33" E;
THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 11'24'33" AND A
RADIUS OF 540.00 FEET FOR AN ARC DISTANCE OF 107.53 FEET;
THENCE S 00'53'00" E, ALONG A LINE RADIAL TO THE LAST DESCRIBED CURVE, A DISTANCE OF 47.00 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE FOR COMMERCIAL BOULEVARD;
THENCE N 89*07*00" E, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 273.22 FEET TO THE POINT OF BEGINNING. SAID LANDS
SITUATE WITHIN BROWARD COUNTY, FLORIDA CONTAINING 3.080 ACRES (134,162 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 S.89'07'00"W., ALONG THE SOUTH LINE OF THE SOUTHWEST
ONE -QUARTER (SW %) 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.
THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER do ASSOCIATES, INC. AND
SHALL NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT PERMISSION OF STONER &
ASSOCIATES, INC. COPYRIGHT Q 2006
CERTIFICATE:
THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY EDGE AND BELIEF. I
FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY TH RIDA BOARD OF PROFESSIONAL SEAL p)
SURVEYORS AND MAPPERS IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472,07. FLORID ATVTES CD g
REVISIONS DATE ev NOT VALID UNLESS �++
Richard G. C wford Ur SEALED HERE WITH 9
AN EMBOSSED
PROFESSIONAL SURVEYOR MAPPER N0, 537 OFF RIDA SURVEYOR'S SEAL T.a.
DATE OF SKETCH: D CHECKED BY BOOK
02 21 07 DRL RGC N/A
)ATE: Mar 19. 2009 - 9:44om EST FILE: F:_\ARCHIVE\_SEND TO ARCHIVE ilex WE5TPOIN 07-6993 L .drr SHEET 1 OF 2 0
STONER & ASSOCIATES, INC.
SURVEYORS - MAPPERS 4341 S.W. 62nd Avenue Florida Licensed Survey Tel. (954) 585-0997
Movie, Florida 33314 and Mapping Business No. 6633 Fax (954) 585-3927
SKETCH OF DESCRIPTION FOR:
HAMPTON INN & SUITES
A PORTION OF TRACT "B", WESTPOINT SECTION 7 PLAT
PLAT BOOK 162, PAGE 23, B.C.R.
CITY OF TAMARAC, BROWARD COUNTY, FLORIDA
SCALE: 1 " = 80'
0 20 40 EO 160
GRAPHIC SCALE
CD
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R=540.00'
A=107 53'
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.PLAT BOOK
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PG.
PACE
B.C.R.
SROWARD COUNTY RECORDS
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LICENSED BUSINESS
Location Maa
O.R,B,
OFFICIAL RECORDS BOOK
NOT TO —SCALE
S 89'56' 14" W 433.89'
PORTION OF TRACT B
WESTPOINT SECTION 7 PLAT
P.B. 162, PG. 23, B.C.R.
3.080 ACRES
(134.162 SQUARE FEET)
(MORE OR LESS)
NORTH RIGHT-OF-WAY LINE OF THE
SAWGRASS EXPRESSWAY
S 00'53'00" E
47.00'
PORTION OF TRACT C
WESTPOINT SECTION 7 PLAT
P.B. 162, PG, 23, B.C.R.
POINT OF
BEGINNING
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0=11'24'33" N 89'07'00" E 273.22' o _N 89'07'00" E I
NORTH RIGHT-OF-WAY LINE OF II I
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COMMERCIAL BOULEVARD b td
_cD IS 89'07'00" W 142.53'
SOUTH LINE, SOUTHWEST ONE -QUARTER WEST COMMERCIAL BOULEVARD
CD
(SW 1/4), SECTION 7-49-41 POINT OF COMMENCEMENT
S.E. CORNER SW 1/4 SECTION 7-49-41
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THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER k ASSOCIATES. INC. AND
SHALL NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT PERMISSION OF STONER &
ASSOCIATES, INC. COPYRIGHT CD 2006
DATE: Ma 19 2DD9 - 9:44om EST FILE: F:\ARCHIVE\-SEND TO ARCHIVE ilex KSTPOIN 07-e993 Leqd.dwa SHEET 2 OF 2 0