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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-181Temp. Reso. #10203 July 24, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003 1,' 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 SAFEGUARD PROPERTIES, L.L.C., FOR THE SAFEGUARD SELF -STORAGE PROJECT, LOCATED AT 6101 WEST COMMERCIAL BOULEVARD, 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, Safeguard Properties, L.L.C., is the owner of the Safeguard Self - Storage Project located at 6101 West Commercial Boulevard (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, Safeguard Properties, L.L.C., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Safeguard Self -Storage Project; and Temp. Reso. #10203 July 24, 2003 2 WHEREAS, it is the recommendation of the City Engineer that the Blanket Public Safety Ingress/Egress Easement with Safeguard Properties, L.L.C., be approved and executed for the Safeguard Self -Storage 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 Safeguard Properties, L.L.C., for the Safeguard Self -Storage 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 Safeguard Properties, L.L.C., for the Safeguard Self -Storage Project, located at 6101 West Commercial Boulevard. 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. 11 1 L Temp. Reso. #10203 July 24, 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 27th day of August, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. L MI CHELL . F CITY ATTORN JED/DM/db JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS TEMP. RESO. # 1 0203 (62 ST) z z Z BU EYE CT�� ; _ 8 WOODLAND /'CLIIBHSE DR AK R = Lo LAKE g ' u7 61 PL BANYAN -' u ILLA E ; w _j a ANN LEE L ��� � � 3 SHAKER z 60 w WOOD \� J ¢ SPINNING \� u d LAVE OAK CT vi VILLAS AT WW EL L WOODLAND > GREEN : 59 PL r O Na i o a o 1. ¢ 59 ST D SEC PLEASANT \ �A PL A o HILL L !' as WOOD q pC. � ¢ 3 S PLEASANT i GLEN vl P r HILL L CONDO ¢ Dt UR U r1T -BURY a c( ¢ o� 7 3 a y GP LN 58 ST H u7 a 3 ra ¢CBERMUDA UNITED - n A 1 'nlPID CHURCH JQ _ 3 OTHE Z �+ a Q'a IY_jv, ~57 ST F❑UN AINS 7 ME❑AD❑WSD 56 PL u ST x w ¢ z APARTMENTS ¢ �/❑❑DLAND ¢ ' '� J a in Q J o_ Z -I:I: :I w Q Q 4 7 w in 3 GREENS 3 as H ~O f.YNI:I- -1:1: dN 3 Q oc THE FOUNTAINS CORP CEN. 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No. 10203 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Safeguard Self -Storage This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this day of.�(��_ �� 200.3, by Safeguard Properties, L.L.C., having an address of 111 Veterans Blvd., Suite 1150, Metairie, Louisiana 70005, (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 33th Avenue, Tamarac, Florida 33321 (the Grantee"). VITA 0A►I=&" l=ia 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 81,636 Sq/ft Self -Storage Facility 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 M IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Safeguard Storage Properties, (GRANTOR) LLC, a Delaware limited liability company, sole member By: By Type Na 7arU r�ha,ie�, Type Name Corporate ecretary President Bruce Roch (Corporate Seal) STATE OF F--OR4BA SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afore aid and in the County aforesaid to take acknowledgments, personally appeared _ , ;c / AG-C f� _ to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that ;r = executed the same. WITNESS my hand and official seal this 1-f /- day of 20 ( r. )'Personally known to me, or ( ) Produced Identification ( �-)'DID take an oath, or NOTARY PLIBLRC,­Stlte of E.Wiida��°� at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) MAP QT.T a, T,T, (r WEAVER Type,,ef .I..D:. - roduced of Louisiana M, .. .:.,.,. .ls ,ssued for Life. ) DID NOT take an oath. 981208 3 Blanket Public Safety Ingress/Egress Easement r IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By - Marion Swenson, CIVIC City Clerk ACCEPTED BY CITY OF TAMARAC GRANTEE By: Joe Schreiber Mayor Date: � u By: C' ` . - ,, Jeffrey L. Mille( City Manager Date: Approved a449jorm'-, By: STATE OF FLORIDA Mitchell S. Kraft, ,� SS City Attorney COUNTY I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the aunty aforesaid to take acknowledgments, personally appeared r;_ ..hr�ber' L--11 r t -,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 day of Y' 20 �. �..",,.. JUME A. WHITE —� - '!ctcry Public - State of Ruida - My CF rk n E /uq;15, P{lCl3 Commiselon 0 OD119065 i:�onded H NOticnel Notary Assn. ( ) Personally known to me, or ( ) Produced identification let NOTARY 4M�LIC—, State of Florida at Large TNe 4 - G(_/ 4, Vie_ (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 IN WITNESS WHEREOF, Mortgagee has hereunto set his hand and seal on the day and year first above written. ATTEST: MORTGAGEE: Bank Ope, NA as dministrative Agent By: By: Type Name Corporate Secretary (Corporate Seal) STATE OF -FLORIDA ` ` L : SS Type Name Lantz Harvey President First Vice 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 _.. r w, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that r_ executed the same. WITNESS my hand and official seal this t 'x day of 20 ; ( ) Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Flbrida at Large (Name of W6tary Pub4ie` -'Pdnt,'1 Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 5 water and sewer U ty Easement � r• EXHTBiT "A" Temp. Reso. No. 10203 LEGAL DESCRIPTION' Parcels A" and "B" as shown on the plat of 7HE FOUNTAINS CORPORATE CENTER" recorded in Plat Book 139 at Page 44 of the Public Records of Browcrd County, f?orida also being described as follows: Begin at a Permanent Reference Monument (hereinafter referred to as P.R.M.) at the most Northerly corner of said Parcel "B , said corner lies on a circular curve and bears North 46 degrees 20 minutes 03 seconds East from the radius point of said curve; thence Southeasterly along a circular curve to -the right having a radius of 406.00 feet and a central angle of 39 degrees 52 minutes 48 seconds for an arc distance of 252.59 feet to a 3/8" rebar of a Point of Reverse Curvature; thence Southeasterly along a circutcr curve to the left having a radius of 25.00 feet and o central angle of 42 degrees 43 minutes 45 seconds for on arc distance of 13.65 feet to'a 112" iron pipe; thence South 99 degrees 32 minutes 22 seconds West, along a non -tangent line for 121.72 feet to a P.R.M. on a circular curve that bears South 44 degrees 24 minutes 07 seconds East from the radius point; thence Southwesterly along a circular curve to the right having a radius of 25.00 feet and a central angle of 43 degrees 56 minutes 29 seconds for an arc distance of 19.17 feet to a P.R.M. at a Point of Tangency; thence South 89 degrees 32 minutes 22 seconds West for 323.85 feet to c P.P,.M.; thence North 00 degrees 27 minutes 38 seconds West for .300.00 feet to a P.R.M.; thence North 89 degrees 32 minutes 22 seconds East for 50.00 feet to a P.R.M. at a Poil of Curvature; thence Sou`hr asterly along a circular curve to the night rcving a radius of 300.00 feet and a central angle o` 45 degrees 47 minutes 41 seconds for an crc distance of 245.02 feet to a P.R.,V; thence IJorth 46 degrees 20 minutes 03 seconds East, redicl to t last descr,, ed curve, for 106.00 feet to the Roint of Beginning (all of the foregoing courses were coincident with the boundaries of said Parcels A" and 'B'�. Lying cnd being in Cifv of Tcmersc, Broward County, Florida. NOIF: All of tyre property corners mentioned herein were found in place or, t-^e date of tars survey. T: � kathy� legalsj fountains.rps M b