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Home My WebLink AboutCity of Tamarac Resolution R-2003-123Temp. Reso. #10126 May 12, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-:i� 3 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 INDUSTRIAL DEVELOPMENT COMPANY OF AMERICA, L.L.L.P., FOR THE TAMARAC BUSINESS PARK PROJECT, LOCATED AT 6200-6320 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, Industrial Development Company of America, L.L.L.P., is the developer of the Tamarac Business Park Project located at 6200 — 6320 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 E Temp. Reso. #10126 May 12, 2003 2 WHEREAS, Industrial Development Company of America, L.L.L.P., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Tamarac Business Park Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Industrial Development Company of America, L.L.L.P., be approved and executed for the Tamarac Business Park 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 Industrial Development Company of America, L.L.L.P., for the Tamarac Business Park 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 Industrial Development Company of America, L.L.L.P., for the Tamarac Business Park Project, located 6200 — 6320 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. Temp. Reso. #10126 May 12, 2003 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 11th day of June, 2003. JOE SCHREIBER MAYOR ATTEST: r ,+ "�ECORD OF COMMISSION VOTE: MARION SWE SON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABI DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KWAE CITY ATTORNEY JED/DM/db �1 EXHIBIT l TEMP. RESO. # 1 01 2 6 L, Q W T LN, �L P�- 71 pL TR11 w BAILEY P 1ti G %/�j/. y 7 rid LN. d� � W S T W ❑ '�/��/ a w PERIW NKEL LN, CAPTIVA 71 %jG� 71 ST ¢ EA H BISCUS LN, w 3 PALM RIDGE LN. a �7A, 7d %jjco z ¢ ; o JEWEL BOX LN o ch o� N5EL WING DR, + B ROAD ra 13 a TEE y PLAT J & J PLAT TAMARAC MARKET PLACE .................................................................................................. TAMARAC 1299 x LAND TRUST PLAT L❑VESHAW LT,W. MIMA /! 67 ST AT&T W SUNBELT CABLE W PRECISION ARCH W CITY ALUMINUM W W FURNITURE CULLIGAN cz WATER COMPANY PQ � � rS �Cv.;r TAM, .. ,1."s..✓�",u�4 O QW .......................... .. ............. .. . .'i.': ...V .': Y.•' LAND SEC, ¢ 7 HFUTUE METALS a ffPAT6 SPRSET N- ra X WESTP❑INT N w FAIRBANKS DISTRIBUTION WESTP❑INT CENTRE 1 SQNNYS a w 7 • ENTERPRISES d 0 4 C❑NVERGYS a 4. a ❑FFICE s BUILDING PUBLIC SERVICES COMPLEX li TAMARAC -BUSINESS -PARK TAMARAC BUSINESS PARK BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT Exhibits "2" TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Tamarac Business Park Temp. Reso. No. 10126 This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this A //-' day of uN2 , 2003, by Industrial_ Development Company of America, L.L.L.P., having an address of 4100 North Powerline Road B-2 Pompano Beach Florida 33073, (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88t" 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 One 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 116,760 sq/ft. of industrial space 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) Wit ess Type Name Ann Mittelman _6Q a � Witnes Type Name Peggy Briggs STATE OF FLORIDA : SS COUNTY OF BROWARD Type Name/Title Lee S. Lasser Trustee General Partner Type Name/Title 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 to me know to be the person(s) described in and who executed the foregoing instrument and il er acknowledged before me and under oath that he— executed the same. WITNESS my hand and official seal this day of MaA-ck) , 2003 . ( Personally known to me, or ( ) Produced Identification ( ) DID take an oath, or ( N ARY PUBLIC, State of Florida at Large'`; Ann Mittelman _ . -11 ,r MY COMMISSION # DD023022 EXPIRES July 21, 2005 BONDEDINRUIROYFAIN INSURANCE INC (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ) 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: ACCEPTED BY CITY OF TAMARAC GRANT By: Joe reiber May Date- 6/ 1-;7 ATTEST: By: C MI Jeffrey �L. IlAiiller By: /� City Manager Marion Swenson, CMC City Clerk Date: '611 3 _ rove r By: It J STATE OF FLORIDA Mitche . Kraft, SS City Attorney COUNTY OF a&rzL C HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid,and in the County of resaid to take acknowledgments, personally appeared e ret� -� vAoro me known to be the person(s) described in and who executed the f egoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this 2003. �,,"� JUNE A. WHITE a s Notary Public - State of Fkxtda = .� MY Oxnrnimion Exir m Alin 15, 2DM ".,�;,,r.1, Commission 0 DW190ti5 Bonded By National Notary Asan. ( personally known to me, or ( ) Produced identification /1Z day of .� /J'O-- (;�" a_ ` &' NOTARY ObBLIC, State of Florida at Large -,Twje- A - 04, �;- (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( NOT take an oath 981208 4 Blanket Public Safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE I, Lee S. Lasger do hT8Y affirm that I am the Trustee. General Of Industrial Develo ment Co. of America and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for Tamarac Business project and that I am 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 BROWARD • FURTHER AFFIANT SAYETH NOT. r (Signature) This /O day of %fry , 201p3 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 Lex S. ,5 to me know to be the person(s) described in and who executed thforegoing instrument and acknowledged before me and under oath that %z= executed the same. WITNESS my hand and official seal this % day of 2003 . ( ) Personally known to me, or ( ) Produced Identification TARY PUBLIC, State of Florida at Large :�1 'ill, IAnn Mittelman MY COMMISSION # DD023822 EMRES • - Tut 21, 2005 y; pi F BONDED THRU TROY EARN INSURANCE, INC. (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. 981208 5 Blanket Public Safety Ingress/Egress Easement Partner Park LEGEND: - i - DENOTES CENTER LINE P.O.C. DENOTES POINT OF CO"ENCEMENT P.O.B. DENOTES POINT OF BEGINNING R DENOTES RADIUS D DENOTES DELTA OR CENTRAL ANGLE A DENOTES ARC DISTANCE' BCR DENOTES BROWARD COUNTY RECORDS PRCR DENOTES PALM BEACR COUNTY RECORDS 0" DENOTES OFFICUL RECORDS BOOK PG DENOTES PACE P.O.B.— N.W..y <9 \ hhy —N. I , S.11A TRACTS (1-102 P.R.C.R.) PARCEL B IS & N PLAT" (164-38 BCR) z N89.24'52'E _ _ 390,68' 1020,4 p4 oA "LAKE» PARCEL 9 ,� rw � (1.OfACRES) S89'24'52'W —'3B9. ri z N89.24'52'E 42,10' 0 "S, & N. aim � n rn (P' N 0l wo o� w N89'23'12'E 849,99'(See Note ) eIe V o R=902.00' �1 ri w A=88J9' ff 1f W D=05.38'25• PARCEL A n, ' — I S. & N.PLAT NO. TWO " (PLAT BOOK 171, PAGES 11 2-115) n I "WEST" PARCEL I I (14.185tdCRES) r 41 'Sh0 hh h•S . P k� R 1020.00 A=84.00' D=04.43'07' y � a .1 A ~ A :. rr9 N25.15'26"W Ej \ � �\ 297 h� N89'19'54'E (See Note 2) h� S. 1,Dv1e, TRAcr 5 (1-100 P-B-c t) REMISED.- 01-20-03; ORDER NO.187641 (REfZECTS MEAS. DIST) REMISED 07 03-02; ORDER NO.186502 (REfZECT RECORD PLAT) Q%7 i< <I SHEET 1 OF 2 SHEET "WEST" PARCEL PARCEL B 05 & N PLAT" (154-38 BCR) S89.21'33'W 385-63, 1024.33' L S L171Ue N.1110, TRACT 4 (1-102 p R.C.R.) i PORTION OF TRACT 4 (1-102 P.B.C.R.) FLORIDA JPRUIT LANDS COMPANY'S SUBDIi'L4lON Nc I. cl It w w b m //� //�� //�� /n� /n� File name: K. 074941�SMPLATM.DWG &c ChT�LTi2�-�fzL�YZ02 CJg-1�oaLate-�, LAND PLANNWRS • NNGINL'ERS . LAND SURVEYORS (LB#87) 3240 CORPORATP WAY MrRAIMAR, PLORIDA 33025 TEL. NO.(954)435-7010 .PAX NO. (954)438-3288 ORDER NO. 186459-W PREPARED UNDER MY SQP2ZVMON DATE: 06-12-02 SEC'Y.-TREAS. THIS IS NOT A "BOUNDARY SURVEY" ALFONSO C. TELLO, P,L.S. #2978 (STATE OF FLORIDA) Exhibit "A" Temp. Reso. No. 10126 LEGAL DESCRIP770N TO A C UOMPA1V Y �5K 1 CH "WEST" PARCEL PORTIONS OF PARCEL 'A ", "S & N. PLAT NO. TWO',' ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 171, AT PAGES 112 THRU 115, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF PARCEL "A ; OF SAID "S & N PLAT NO. TWO'; THENCE RUN NORTH 89 DEGREES 23 MINUTES 12 SECONDS EAST, FOR 849.99 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 45 SECOND.` WEST, FOR 330.39 FEET, THENCE NORTH 89 DEGREES 24 MINUTES 52 SECONDS EAST, FOR 390.68 FEET (LAST MENTIONED THREE COURSES BEING COINCIDENT WITH THE BOUNDARY LINES OF SAID PARCEL 'A'; "S & N. PLAT NO, TWO'); THENCE SOUTH 00 DEGREES 38 MINUTES 27 SECONDS EAST, FOR 660.38 FEET; THENCE SOUTH 89 DEGREES 21 MINUTES 33 SECONDS WEST FOR 385.63 FEET, THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS EAST, FOR 315.39 FEET; THENCE SOUTH 89 DEGREES 19 MINUTES 54 SECONDS WEST, FOR 297.95 FEET; THENCE NORTH 25 DEGREES 15 MINUTES 26 SECONDS WEST, FOR 65.08 FEET, TO A POINT ON A CURVE, SAID POINT BEARS NORTH 52 DEGREES 18 MINUTES 54 SECONDS EAST, FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE, • THENCE NORTHWESTERLY, ALONG A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 1020.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 43 MINUTES 07 SECONDS, FOR AN ARC DISTANCE OF 84.00 FEET, TO A POINT OF TANGENCY' THENCE NORTH 42 DEGREES 24 MINUTES 13 SECONDS WEST FOR 133.00 FEET (LAST MENTIONED TWO COURSES, BEING ALONG LINES CONCENTRIC, PARALLEL AND 12.00 FEET NORTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHEASTERLY RIGHT—OF—WAY LINE FOR HIATUS ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 25525, AT PAGE 641 AND OFFICIAL RECORDS BOOK 29158, AT PAGE 1172, BOTH OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA); THENCE SOUTH 47 DEGREES 35 MINUTES 47 SECONDS WEST, AT RIGHT ANGLES TO THE LAST MENTIONED COURSE, FOR 600 FEET, THENCE NORTH 35 DEGREES 33 MINUTES 39 SECONDS WEST, FOR 50.J6 FEET; THENCE NORTH 42 DEGREES 24 MINUTES 13 SECONDS WEST, ALONG A LINE PARALLEL WITH AND 12.00 FEET NORTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE AFORESAID NORTHEASTERLY RIGHT—OF—WAY LINE OF HIATUS ROAD, FOR 295.00 FEET; THENCE SOUTH 47 DEGREES 35 MINUTES 47 SECONDS WEST, AT RIGHT ANGLES TO THE LAST AND NEXT DESCRIBED COURSES, FOR 12.00 FEET; THENCE NORTH 42 DEGREES 24 MINUTES 13 SECNDS WEST, FOR 140.31 FEET, TO A POINT OF CURVATURE; THENCE NORTHWESTERLY, ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 902.00 FEET AND A CENTRAL ANGLE OF 05 DEGREES 38 MINUTES 25 SECONDS, FOR AN' ARC DISTANCE OF 88.79 FEET, TO THE POINT OF BEGINNING. (LAST MENTIONED TWELVE COURSES BEING COINCIDENT WITH THE BOUNDARIES OF THE AFOREMENTIONED PARCEL "A". "S & N. PLAT NO. TWO ). ALL OF THE ABOVE LYING AND BEING IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY OF TAMARAC, BROWARD COUNTY FLORIDA. NOTES., 1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED S 012448 "E., ALONG THE EAST LINE OF THE NORTHEAST 114 OF SECTION 7, TOWNSHIP 49 SOUTH RANGE 41 EAST: 2) THE DIMENSION SHOWN ON THE MOST WESTERL Y NORTH LINE OF PARCEL "A " AND THE DIMENSION SHOWN ON THE MOST WESTERLY SOUTH LINE OF PARCEL "A" WAS ESTABLISHED BY AFFIDAVIT FILED IN BROWARD COUNTY RECORDS O.R.B.34432, PAGE 212-214,8.C.R. ORDERED BY- INDUSTRIAL DEVELOPMENT CORP. REVISED: 01-20--03; ORDER NO.187641 REFLECTS YEAS. D1ST) REVISED: 07-03-02; ORDER NO.186502 f REFLECT RECORD PLAT) SHEET 2 OF��2 SHEETS �� File name: K.• � 074941 �S&NPLATM.DWG LAND PLANNERS • ENGINEERS w LAND SURVEYORS (LB#87) 3240 CORPORATE WAY MIRAMAR, FLORIDA 33025 TEL. NO.(954)435-7010 PAX NO. (954)438-3288 ORDER NO. 186459-W PREPARED UNDER KY SUMMON DATE: 06-12-02 EVY.-TREAS. THIS IS NOT A "BOUNDARY SURVEY" ALFONSO C. TELLO, P.L.S. #2978 (STATE OF FLORIDA) Exhibit "A" 2 of 2 Temp. Reso. No. 10126