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.
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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)
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SAFEGUARD -SELF -STORAGE
SAFEGUARD SELF -STORAGE
BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT
Exhibit "2"
Temp. Reso. 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
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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
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