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HomeMy WebLinkAboutCity of Tamarac Resolution (52)Temp. Reso. #9649 January 2, 2002 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-52 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT WITH NYCH PARTNERS, LTD., FOR STRUCTURES AND LANDSCAPING PLACED WITHIN UTILITY EASEMENTS ON THE WENDY'S OLD FAHIONED HAMBURGERS PROJECT SITE LOCATED AT 8901 WEST COMMERCIAL BOULEVARD; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, NYCH Partners, Ltd., is the developer of the Wendy's Old Fashioned Hamburgers Project, which is located at 8901 West Commercial Boulevard (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, NYCH Partners, Ltd., has offered a Utility Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; and Li Temp. Reso. #9649 January 2, 2002 2 WHEREAS, the developer shall hold the City harmless from any costs or obligation to restore structures and landscaping as a result of any repair or maintenance to the utility easement or infrastructure; and WHEREAS, the Director of Utilities recommends the acceptance and execution of this Utility Easement Encroachment and Hold Harmless Agreement for the Wendy's Old Fashioned Hamburgers 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 Utility Easement Encroachment and Hold Harmless Agreement with NYCH Partners, Ltd., for structures and landscaping placed within utility easements on the Wendy's Old Fashioned Hamburgers Project site. 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. E 1 1 Temp. Reso. #9649 January 2, 2002 3 SECTION 2: The appropriate City Officials are hereby authorized to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with NYCH Partners, Ltd., for structures and landscaping placed within utility easements on the Wendy's Old Fashioned Hamburgers Project site (a copy of which is attached hereto as "Exhibit 2") located at 8901 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. 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: passage and adoption. Temp. Reso. #9649 January 2, 2002 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED, AND APPROVED this 27th day of February, 2002. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCHELL S. CITY ATTO JD/DTM/mg (,/JOE SCHREIBER •- RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Aye/ DIST 1: COMM. PORTNER A el DIST 2: COMM. MISHKIN Ayel DIST 3: V/M SULTANOF Aye, DIST 4: COMM. ROBERTS Al ye, 1 1 �1 EXHIBIT 1 TEMP. RESO. # 9649 8 ST ! TEXACO W A g MCNAB ROAD ! MCNAB ROAD _ i BLv, w LIME ff THE GREENS 3 �P{ LIME BAY j BAY SE II j OF TAMARAC . 8 w SEC. I i1 COL. W. CLUB HOUSE 91- 68 f sr ! 67 _ !! W jji fT i!f1!fi1 W T ❑D 2r F'P z W W f%!ji sj 1!� , RAL W W 6 .. `pz- , �'T W W W LMSW 1f /Q ¢ W n0. .r w ❑LF W W W W �J l.� / �-v r-1 W W . V LLAS W W W .( W W `p� V W - s W W W W `Y tN` 66S °v►P'(" % O1 W W W N�5 POAGOS i W(" W W W W W WEDGES 6S EWpOD3 3 W J WEDG � F- �y � •• 6� W W W W W W LAND SEC. 8 ° WEDGEWOOD LN (63 w `Y . > w w W W W BOARDWALK APTS. r SANTA ROSA DR. Z 61 ST 34 ' 1 61 ST > PARADISE CT 61 ST ri a 8 J I.- PATIO ¢ HOMES ¢ I 6 -� TO a m PAR. DR C� BOARDWALK APTS. 0 IL Z W 60 ST02 �� y 60 ST II CD W Q %f / 59 PL � STANLEY LN 59 Pt /1f i ! % f % % f % % PAR. f! W z / Q ¢ 59 CT 13 Z= LANDINGS ON PARADISE % % J q> w/ CYPRESS ESTATES j /f i m 59 ST D =BRADSHAW L' N W M f GREENS n/•� ! LL_ H fi E. PLUM HARKS VY. 59 CT_ WATERS j f f/lfff EDGE 58 58 PL .�\� \N \� f LY❑NS j W ¢ 3 PL W ~ jf / INDUSTRIAL j/ Z / w > w V.G.C. PARK PARK yf1!jff/j 3 58 S7 % L" (VISUAL GRAPHICS) 58 57 DR °D 0D 0D GRAPHLINE w > ST i MARLEN w Mia INLA DS UNIT 1 a ST❑R❑PACK !/ 1/ if! f% f! if PARK 57 LN f- > 3 THE TAMARAC > ao m 57 PL Z MIAMI JEWISH HERALD CENTER CINNAMON TREE 8741 876 CT PLAZA OFC. 57 ST 57 ST LY❑NS COMM SUB ALG (CO RD 870) CHEVRON C❑MMERCIAL BLVD,----------------------- LOCATION WLNIJT•J,UW WENDY'S OLD FASHIONED HAMBURGERS UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT Exhibit 2 UTILITY -EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND NYCH PARTNERS. LTD. 2oo2 THIS AGREEMENT made this 27 day of 8&9 by and between the CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (hereinafter called CITY) and NYCH PARTNERS, LTD., a Florida limited partnership with principal offices located at 1745 W. Fletcher Ave. Tampa Florida, 33612, (hereinafter called the DEVELOPER/OWNER), for the purpose of holding the CITY harmless for the removal or destruction of landscaping and/or structures located on DEVELOPER/OWNER's property and within utility easements held by the CITY. WHEREAS, DEVELOPER/OWNER is owner of a parcel of land in the City of Tamarac, Broward County, Florida, more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, DEVELOPER/OWNER has constructed or will construct landscaping and/or structures as part of its development of the parcel described in Exhibit A within utility easement(s) described in Exhibit B, attached hereto and incorporated herein by reference, and recorded in O.R. Book (09 page y3 of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for Wendy's, prepared by Zamora and Associates, Inc., dated October 10, 2000 and revised April 12, 2001, a copy of which is on file with the CITY and attached hereto and incorporated herein by reference as Exhibit ; and WHEREAS, CITY is grantee of the utility easement(s) described above and has an obligation to maintain and repair utility lines in order to serve the citizens of the City of Tamarac; and WHEREAS, DEVELOPER/OWNER agrees to hold the CITY harmless for any expenses incurred by the CITY's use of the utility easement(s) resulting in the destruction and/or removal of said existing and/or future landscaping and/or structures; and NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by this reference. 2. DEVELOPER/OWNER agrees to immediately remove at its own expense any encroachment located within the CITY's utility easement once notified by the CITY of such encroachment. 3. DEVELOPER/OWNER shall hold harmless and indemnify the CITY from and against all claims, liability and expense arising from the aforesaid encroachments, 000717 landscaping and/or structures, including the expense of removing, relocating, restoring and replacing same. 4. CITY shall be held harmless by DEVELOPER/OWNER and shall not be responsible for the damage, destruction or replacement of irrigation lines within the utility easement(s). 5. CITY shall be entitled to make emergency repairs to utility lines within the easement(s) without prior notice to DEVELOPER/OWNER if giving notice would be of detriment to the health, safety and welfare of the citizens of Tamarac. 6. DEVELOPER/OWNER agrees that any structures placed within the utility easement shall be limited to minor structures only, such as a sign, fence, or encroachments of concrete or asphalt. No drainage structures, including, but not limited to, detention or retention basins, shall be permitted within the utility easement(s). 7. DEVELOPER/OWNER agrees that landscaping within the utility easement(s) shall be limited to bushes, shrubs and flowers, and that no trees shall be placed within the utility easement(s). 8. DEVELOPER/OWNER shall place a 1' by 1' sign or plaque on the site of the landscaping or structure, which shall state the following: "This structure may be ordered removed by the City of Tamarac without notice and at no cost to the City should its removal become necessary to repair any utility line. The cost of removal shall be borne by the Owner of Parcel "A", its successors and assigns. 9. DEVELOPER/OWNER shall not place encroachments within the utility easement(s) unless specifically provided for in this Agreement. 10. This Agreement contains the entire agreement between the parties relating to the subject matter hereof. This Agreement shall not be amended unless in writing and signed by the parties hereto. 11. This Agreement shall run with the land and bind DEVELOPER/OWNER, its agents, heirs, successors and assigns, and any subsequent owners of the parcel described in Exhibit A. 12. Venue for any actions resulting from this Agreement shall be Broward County, Florida. This Agreement shall be governed by the laws of the State of Florida as are now and hereinafter in force. 000717 IN WITNESS WHEREOF, the parties have made and executed this Utility Easement Encroachment and Hold Harmless Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and , through its President, , duly authorized to execute same. ATTEST: Marion Swen on, CIVIC City Clerk Toy . ram: 6. S. Kraft, City Morney STATE OF FLORIDA : SS COUNTY OF : CITY OF TAMARAC Joe Schreiber, Mayor Date: 9%- 21, 2 © 0 2 ti Jeff a L. iller, City Manager 0Z, I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in he County aforesaid to take acknowledgments, personally appeared ��� h ftcbI r/ r-kjk tg to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that `I' execute the same. WITNESS my hand and official seal t 's day of � brttC�rN , 20 02— l ���a,Z,,' GL ayLC DAWN M. IESNIAKOWSKI NOTARY PUBLIC, State of Florida COMMISSION CC962198 NP eL� EXPIRES AUG 20 2004 at Large STATE 0, BO 4W THROUGH fLORlOA ADVANTAGE NOTARY �< Z 1% ��v / • S i7 QO Gc�s �u (Name of Notary Public: Print, Stamp, or type as Commissioned) ( �C) Personally known to me, or ( ) Produced Identification Type of I.D. Produced DID take an oath, or ( DID NOT take an oath. 000717 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. NYCH PARTNERS, LTD., a Florida limited partnership LGc'A Witness Type Name �rP11& Witn s �,/ Type Name /(/li 1r47Q STATE OF FLORIDA SS COUNTY OF HILLSBOROUGH : BY: DURBNECK, INC., a Florida corporation, as General Partner By: Type AaefTfttle_: Vichael P. Rice, 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 Michael P. Rice as the Vice President of Durbneck, Inc., a Florida corporation, the general partner of NYCH Partners, LTD., a Florida limited partnership, on behalf of said corporation and partnership, to me known to be the person(s) described in and who executed the foregoing instrument. WITNESS my hand and official seal this — day of April 4, 2001_ Myrna W. Garner a*: MY COMMISSION* CC779363 EXPIRES �'•RF, �" BONDED THRU „�` September 29, 2002 ( v)''ersonally known to me, or ( ) Produced Identification NOT Y PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( vj_'DID NOT take an oath. 000717 • • ADDENDUM ONE TO UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT THIS ADDENDUM ONE TO UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT ("Addendum") shall be attached to and is hereby incorporated and made part of that certain Utility Easement Encroachment and Hold Harmless Agreement of even date herewith (the "Agreement"). 1. Notwithstanding anything to the contrary contained in the Agreement, all improvements shown on the Site Plan dated October 10, 2000, and revised April 12, 2001, prepared by Zamora & Associates, Inc. and tD?t certa n I dscaping plan dated �.oTP�:r,- 214 j?Q7R>prepared by Landcr� aTne-- which encroach into the City's utility easement area are hereby deemed approved. The City shall not disturb the encroaching improvements unless the City must make emergency repairs to the utility lines located within the City's utility easement. In the event the City is required to make emergency repairs to any utility lines located within the City's utility easement, then upon completion of the repairs, the Developer/Owner, at Developer/Owner's expense shall be entitled to repair and replace any of the encroaching improvements which are disturbed in connection with the City's repairs. 2. Where there is a conflict between the terms of the Agreement and the Addendum, the terms of this Addendum shall prevail. IN WITNESS WHEREOF, Purchaser and Seller have executed this Addendum as of the day and year first set forth hereinabove. City: CITY OF TAMARAC By: Jo chreiber, Mayor Developer/Owner: NYCH PARTNERS, LTD., a Florida limited partnership By: DURBNECK, INC., a Florida corporation, as General Partner-` B ARice, Yichael Vice President 000717 • 01/02/20r.1 03:17 8139682382 PAGE 02 CERTIFIED COPY OF RESOLUTIONS OF THE BOARD OF DIRECTORS OF DURBNECK, INC. The undersigned, being the duly elected, qualified and serving President of DURBNECK, INC., a Florida corporation (the "Corporation"), hereby certifies that that the following is a true, correct and complete copy of resolutions adopted by the Board of Directors of the Corporation at a meeting at which a quorum was present, and that the following resolutions are in conformity with the Articles of Incorporation and By-laws of the Corporation and have not been rescinded or modified: "RESOLVED, that the Corporation has determined that It Is In the best interest of the Corporation for Michael P, Rice, as Vice President of the Corporation, to be and he is hereby authorized, empowered and directed in the name and on behalf of the Corporation to execute and deliver all documents and instruments, Including but not limited to a Hold Harmless Agreement with the City of Tamarac necessary with respect to the development of the real property located at the comer of Commercial Boulevard and Pine Island Drive In Tamarac, Broward County, Florida; and FURTHER RESOLVED, that the Corporation is hereby authorized and directed to furnish a copy of the foregoing resolution as required and to certify the same, and to certify that the provisions of said resol6tion are �n conformity with the Bylaws and that said resolution is in full force and effect and has not been rescinded or modified. iN WITNESS WHEREOF, I have hereunto subsoribed my name as President, and affixed the seal of the Corporation, pursuant to due and lawful corporate authority this 1 Oth day of October, 2000. Mark d.jk6kner, as President EXHIBIT "A" SKETCHAAD DESCRIPTION Fog Development Inc. LEGAL DESCRIP770N.- A POR77ON OF L OTS 4, 5, 6 AND 7, BLOCK 9, L YONS COMMERCIAL SUBDI WSION UNI T No. 2, ACCORDING TO THE PLA T 7HEREOF, AS RECORDED IN PLA T BOOK 69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING FULL Y DESCRIBED AS FOLLOWS.• BEGINNING A T THE NORTHWEST CORNER OF SAID LOT 6, THENCE SOUTH 88 59'06" EAST, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE CONTINUE SOUTH 8859 06" EAST, A DISTANCE OF 96.32 FEET, THE LAST TWO CALLS BEING COINCIDENT W/TH THE SOUTH RIGHT —OF —WA Y LINE OF N. W. 57th STREET,• THENCE SOUTH 00-01'37" EAST, A DISTANCE OF 202.55 FEET TO THE EAST LINE OF SAID LOT 5; THENCE CON17NUE SOUTH 00'01'37" EAST, A DISTANCE OF 90.46 FEET TO THE NORTH RIGHT —OF —WA Y LINE OF N. W. 56th STREET (WEST COMMERCIAL BOULEVARD); THENCE NORTH 8859'06" WEST, A DISTANCE OF 1.64 FEET TO THE EAST LINE OF SAID LOT 5; ]HENCE CON77NUE NORTH 8859 06" WEST, A DISTANCE OF 100.00 FEET TO THE WEST LINE OF SAID LOT 5; THENCE CONTINUE NORTH 8859 06" WEST, A DISTANCE OF 98.39 FEET, THE LAST THREE CALLS BEING COINCIDENT WITH THE NORTH RIGHT —OF —WA Y LINE OF N. W. 56th STREET (WEST COMMERCIAL BOULEVARD); ]HENCE NORTH 00 01 37" WEST, A DISTANCE OF 88.64 FEET TO 7HE WEST LINE OF SAID LOT 6; THENCE CON771VUE NORTH 00 0137" WEST A DISTANCE OF 204.37 FEET TO THE SOUTH RIGHT —OF —WA Y LINE OF N. W. 57th STREET; THENCE SOUTH 8859 06" EAST, A DISTANCE OF 3.71 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, L PING AND BEING IN BROWARD COUNTY, FLORIDA. SAID LANDS CONTAIN 58, 601.8 SQUARE FEET (1.35 ACRES) MORE OR LESS. NOTES: 1) THIS IS NOT A SKETCH OF SURVEY 2) Bearings shown hereon are based on the North line of Lott (P.B. 69, PG. 43, B.C.R.) South 88'59'06" East. 3) This Sketch and Description consists of two sheets and is not complete without both sheets. 4) This Sketch and Description is not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 5) The undersigned and David & Gerchar, Inc., make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, setback lines, agreements and other matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. lands shown hereon were not abstracted for rights —of —way and/or easements of record. SHEET 1 OF 2 REVISIONS DATE BY CKD FB/PG A PORMNOFLOIS 45 S. 6AND 7, BLOCK9 L YONS COAMERCIAL SUMMSIONNO. 2 &MATB00K69, PAGE43, B"C.&) REVISE SKETCH (BEARING) 01 /08/02 DMG DMG N/A DEAN M. GERCHAR FQR THE FIRM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. 5829 DAVID do GERCHAR, INC. LB#6935 SCALE: JOB NO: N/A 99-224L—WENDYS-2 FB/PG: CAD. FILE: N/A C:\TDWGS\99-224 DRAWN BY: DATE: T.D. 9/8/00 CKD. BY: PROJ. FILE: D.M.G. 99-224 AVID & ERCHAR, iNc. SURVEYORS AND MAPPERS 4301 Oak Cinclq Saito 1 Boca Rabm4 Florida 33431 417-6173 • Far: (561) 417-9619 SKETCHAADDESCRH)TION Fog Development Inc. IV. W. 57th STREET (106' R/W) t£ST GARNER OF 1 SOUTH R/W LINE L YONS COMMERCIAL TOFLOT 57th STREE5/ON UNIT NO. 2 " 0 3' (TOTAL) 100.00 96.32' kNORTHWEST CORNER 1 OF LOT 5 1I13 1 N 1 I 0 BI O lOC DC. gT�10C llE N 0 1p I I ------- I�- - - - - - - - - - - L - - - - - - - - - - - - ---- -- i LAC M CIAL 2 � BONS LOT 7 �OM�N�j T N c R) o o LOT 4 PG 4�3, B' do 0 } SUe��VlsI J h a� iP B 69, 1 LOT 5¢ J o I�aa0 J Qi I ;J LOT 6 EL 0 0 LEGEND, V a J 1p P. 0. B. POINT OF BEGINNING F- z in 3 J P. B. PLAT BOOK PG. PAGE 1.64 B. C. R. BROYARD COUNTY RECORDS Y 1 CENTERLINE 9 9' 100.00' — ----- N8839,006"W---- ---- 200.03' (TOTAL) NORTH LINE OF d 56th STREET N W N.W. 56th S th STREET/ WEST COMMERCIAL BLVD. ! COMMERCIAL BL VD.) —(WEST `--SWiH UNE SECTION B-49-41 (R/W WIDTH VARIES) THIS IS NOT A SKETCH OF SURVEY SHEET 2 OF 2 REVISIONS DATE BY CKD FB/PG REVISE SKETCH (BEARING) 01 /08/02 DMG N/A SCALE: JOB-2N_20L-WENDYS-2 TTDMG AVID A PIDRT70NOFLOTS I' = BO' FB/PG: N/A CAD. FILE: C:\TFoc\99-224 4, S, 6AND 7, BLOCK9 ERCHAR, INc. LYONSCOMII�RCI4L SUBDIVISIONNO.2 DRAWN BY: T.D. DATE: 9/8/00 SURVEYORS AND MAPPERS 4301 Oak Circle, 3aibe 1 Boca Ratan, FkWda 33431 (PLAT"K69, PAG843, B.G'.R) CKD. BY: PROD. FILE: D.M.G. 99-224 (561) 417.6173 "FCC (561) 417-9619 ' LEGAL DESCRIPTION FOR 15' TAMARA C EXCLUSIVE WATER UTILITY EASEMENT LEGAL DESCRIPTION: A PORTION OF LOT 5, BLOCK 9, LYONS COMMERCIAL UNIT NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE SOUTH 88'59 '06 " EAST ALONG THE SOUTH RIGHT OF WAY LINE OF N. W. 57th STREET FOR A DISTANCE OF 66.98 FEET AND POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE SOUTH 00'01 '37" EAST FOR A DISTANCE OF 108.12 FEET; THENCE SOUTH 44 5823" WEST FOR A DISTANCE OF 2236 FEET, THENCE SOUTH 01'02'06" WEST FOR A DISTANCE OF 62.08 FEET TO A POINT ON THE NORTH LINE OF A 15 FOOT UTILITY DESCRIBED IN DAVID & GERCHER (PROJECT FILE 99-224, DATED: MARCH 27, 2001) AND POINT OF TERMINUS; THENCE CONTINUE SOUTH 01 '02'06 " WEST FOR A DISTANCE OF 16.50 FEET TO A POINT KNOWN AS REFERENCE POINT '.4 ', THENCE SOUTH O 1 '02'06 " WEST TO A POINT ON THE CENTERLINE OF SAID 15 FOOT UTILITY EASEMENT AS PER DAVID AND GERCHER; THENCE SOUTH 01 '02'06" WEST ALONG SAID CENTERLINE FOR A DISTANCE OF 54.61 FEET- THENCE NORTH 89'18'50" EAST FOR A DISTANCE OF 39.38 FEET ALONG SAID CENTERLINE TO A POINT KNOWN AS REFERENCE POINT 'B ;- BEGIN AT REFERENCE POINT A ;• THENCE NORTH 88'5754 " EAST FOR A DISTANCE OF 12.50 FEET TO THE POINT OF TERMINUS; BEGIN AT REFERENCE POINT 'B; THENCE NORTH 00'01 '37" WEST FOR A DISTANCE OF 16.75 FEET TO THE POINT OF TERMINUS. EASEMENT LINES ARE TO BE LENTHENED OR SHORTENED TO PROVIDE A CONTINUOUS 15 FOOT WIDE EASEMENT. CONTAINING: 3908.70 SQUARE FEET OR 0.090 ACRES MORE OR LESS. NOTES.• 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEAR/NG BASE OF THIS SKETCH OF LEGAL DESCR/PT/ON /S S.00'0137'E ALONG THE SOUTH RIGHT OF WAY LINE OF N.W. 57th STREET. J. THE INFORMATION WAS PROVIDED BY 'CORPORATE PROPERTY SERVICES. " SURVEYORS CERT/F/CAT/ON• / HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FL ORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 61 G17-6, FLORIDA STATUTES, AND THAT IT /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FL OR/DA,= t%CENSED, ,SURVEYOR AND MAPPER. NOT VALID WIINOUT SHEET 2 OF 2 ROBERT BLODMSTER ✓R. PROFESS/ONAL LAND 50� NO. 4134 STATE OF FL OR/DA BLOOMSTER PROFESSIONAL LAND SURVEYORS, INC. FLOWA L.B. / 8018 791 NORTHEAST DIXIE HIGHWAY JENSEN BEACH, FLORIDA 34957 PHONE 561-334-0868 SHEET 1 OF 2 SCALE 1' - W DATE 8 24 01 F.B. SKETCH JOB ND. 3452 REVISIONS 1/7/02 LEGAL DESCR. OPK SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR. CORPORA TE PROPERTY SERWCES SI TE LOCA TED: TAMARAC, BROWARD COUNTY, FLORIDA SKETCH OF DESCRIPTION FOR 5' TAMARA C EXCLUSIVE WATER UTILITY EASEMENT POINT OF com/I£NAE1/ENT NORTH14EST CORNER OF LOT 6, BLOCK 9 L YONS COMMERCIAL SUED. UNIT NO. 2 PLAT BOOK 69, PAGE 43 BROWARD COUNTY RECORDS CENTERLINE OF 106 FOOT RIGHT OF WA Y N. W 57th S7REFr SOUTH RIGHT OF WA Y LINE OF N. W. 57th STREET S 8859 06'E: 66. 98' 1 ►NT AF wavv/NG '-4 cmmwvf- LOT 7 Lore I LOT 5 I ti I EXIS 17NG 15' U17LITY EASEMENT AS PER DA WD & GERCHER JOB NO. 99-224L -WEND YS-15UE (SHADED AREA) a FOOT LUnUTY F.ASi�A/ENT S44 58(2.3 IN 22.36' 39 00 � Solo os"w. � 62 8' o ° I PAW OF 7FRM/NUS POINT A N. 88 7541E, 12. 50' o P /I AF mw/NUS N. 9'18 50 E 39.38' PANT AF 7ERA//Nus N. 00'0137"W. 16.75' RDmR wr POINT 99' o v N h cvo � v N. 56 S (NEST caumiwa& ARID, SOUTH L E OF SECTION 8, TOWNSHIP 49 SOUTH, RANGE 41 EAST NORTH RIGHT OF WA Y LINE OF S. W. 56th STREET (WEST COMMERCIAL BOULEVARD) ORIGINAL NORTH RIGHT OF WA Y LINE OF N. W. 56th STREET AND SOUTH LOT LINES OF BLOCK 9 L YONS COMMERCIAL SUBDI VISION UNIT NO. 2 LOT 4 NOT VALID WITHOUT SHEET 1 OF 2 SKETrHAND DESCRIPTION Fog Development Inc. LEGAL DESCRIPTION.• A PORTION OF L 0TS 5, 6 AND 7, BL OCK 9, L YONS COMMERCIAL SUED/ VISION UNI T No. 2, ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING FULLY DESCRIBED AS FOLLOWS.- COMMENCING A T THE NORTHWEST CORNER OF SAID LOT 6, THENCE NORTH 88 59 06" WEST, A DISTANCE OF 3.71 FEET; THENCE SOUTH 0101'37" EAST A DISTANCE OF 34.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01 01'37" EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 8950'52" EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 0101'37" WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 895052" WEST, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. SAID LANDS CONTAIN 4, 000.0 SQUARE FEET MORE OR LESS. NOTES: 1) THIS IS NOT A SKETCH OF SURVEY 2) Bearings shown hereon ore based on the North line of Lott (P.B. 69, PG. 43, B.C.R.) South 88'59'06" East. 3) This Sketch and Description consists of two sheets and is not complete without both sheets. 4) This Sketch and Description is not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 5) The undersigned and David & Gerchor, Inc., make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, setback lines, agreements and other matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. lands shown hereon were not abstracted for rights —of —way and/or easements of record. REVISIONS DATE BY CKD SCALE: "=80' FB/PG: N/A DRAWN BY: DEAN M. GERCHAR FOR THE FIRM T.D. PROFESSIONAL SURVEYOR AND MAPPER DA RID& GERIST RTIONCNO 5829 rD. BY: D.M.G. SHEET 1 OF 2 20' U.E. - LOTS S, 6AND 7, BLOCK 9 L YONS COMMERCIAL SUBDIVISIONNO.2 (PLATBOOK 69, PAGE43, B.C.R.) JOB NO: 99-224L—WENDYS-20UE CAD. FILE: C:\TDWGS\99-224 DATE: 3/27/01 PROJ. FILE: 99-224 AVID & ERCHAR, iNc. SURVEYORS AND MAPPERS 10750 Wiles Road Coral Springs, Florida 33076 (954)340-4025•Fax: (954)255-0735 Now TCHAND DESCRIPTION Fog Development Inc. N. W. 57th STREET P. 0. C. (106' R/W) NORTHWEST CORNER OF SOUTH R/W LINE OF LOT 6, L YONS COMMERCIAL to N.W. 57th STREET SUBDIVISION UNIT NO. 2 N O 200.03' TOTAL J. 71 100.00' 96.32' 34.07' I I OF LOT S NORTHWESTST CORNER S 01 *01 J7" E P.O.B. 200.00 20.00' S 89 50 52 If3 0 S 01101;T7" E N 895052" E 1 200.00' 0 00 100' Km su-&#= UK I h Ao N13 0l o ------ "I- - - - - - - - - - - - L - - - - - - - - - - - -- ---- -- lo Iz L W I INO. z LOT 7 g�� COMME�r A U LOT 4 ,YON C. o" q�3, B a o SUBp1V15IP , ~z 69� LOT 5 iP B I N 0- W J x n. o (n LJ ~LEGEND ulJ LOT 6 I ou 0 - a `Ov P. 0. B. POINT OF BEGINNING N P. B. PLAT BOOK PG. PAGE rn I B. C. R. BRONARD COUNTY RECORDS 1.64' ¢ CENTERLINE 98.39' 100.00' — ----- N885906"W — — — — ---- 200.03- (TOTAL) NORTH R/W LINE OF 8 N W 56th STREET N.W. 56th STREET/ WEST COMMERCIAL BLVD. I — (WEST COMMERCIAL BL VD.) --71-01111 LINE SECTION 8-49-41 (R/W WIDTH VARIES) SHEET 2 OF 2 THIS IS NOT A SKETCH OF SURVEY REVISIONS DATE BY CKD FB/PG SCALE: JOB No: AVID & 201 U.E. - LOTS 1" 80' 99-224L-WENDYS-20UE FB/PG: N/A CAD. FILE: C:\TFOG\99-224 i—pj- 5, 6AND 7, BLOCK 9 ERCHAR, INC. L YONS COMMERCIAL SURVEYORS AND MAPPERS DRAWN BY: DATE: SUBDIVISIONNO.2 T.D. 3/27/01 10750 Wiles Road CKD. BY: PROD. FILE: (PLATBOOKO PAGE43, B.C.R) Coral (95) ralSprings, Florida325560735 O.M.C. CJ • EXHIBIT "B" SKETCHAND DESCRIPTION Fog Development Inc. LEGAL DESCRIPTION.• A PORTION OF L 0 TS 4, 5 AND 6, BLOCK 9, L YONS COMMERCIAL SUBDIVISION UNIT No. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING FULLY DESCRIBED AS FOLLOWS.- COMMENCING A T THE NOR THWEST CORNER OF SAID L 0 T 6, THENCE NOR TH 88 59 06 " WEST, A DISTANCE OF 3. 71 FEET; THENCE SOUTH 01 01 '37" EAST A DISTANCE OF 251.46 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01 01 J7" EAST, A DISTANCE OF 15.00; THENCE NORTH 89'18 50" EAST, A DISTANCE OF 99. 42 FEET; THENCE SOUTH 86 20'56 " EAST, A DISTANCE OF 100.79 FEET,' THENCE NORTH 01 0137" WEST, A DISTANCE OF 66.24 FEET; THENCE SOUTH 01 00'54" WEST, A DISTANCE OF 51.16 FEET; THENCE NORTH 8620'56" WEST, A DISTANCE OF 99.45 FEET; THENCE SOUTH 89.1850"" WEST, A DISTANCE OF 40.19 FEET; THENCE NORTH 010206" EAST A DISTANCE OF 63.38 FEET,' THENCE NORTH 885754" WEST, A DISTANCE OF 15. 00 FEET; THENCE SOUTH 0102 06" WEST, A DISTANCE OF 63.83; THENCE SOUTH 8978'50" WEST A DISTANCE OF 44.62 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. SAID LANDS CONTAIN 53, 981.4 SQUARE FEET MORE OR LESS. NOTES: 1) THIS IS NOT A SKETCH OF SURVEY 2) Bearings shown hereon are based on the North line of Lott (P.B. 69, PG. 43, B.C.R.) South 88'59'06" East. 3) This Sketch and Description consists of two sheets and is not complete without both sheets. 4) This Sketch and Description is not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 5) The undersigned and David & Gerchar, Inc., make no representations or guarantees as to the information reflected hereon pertaining to easements, rights —of —way, setback lines, agreements and other matters, and further, this instrument is not intended to reflect or set forth all such matters. Such information should be obtained and confirmed by others through appropriate title verification. lands shown hereon were not abstracted for rights —of —way and/or easements of record. REVISIONS DEAN M. GERCHAR FOR THE FIRM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. 5829 DAVID & GERCHAR, INC. LB#6935 SHEET 1 OF 2 DATE BY CKD FB/PG IS- U.E. -LOTS 4, S, AND 6, BLOCK 9 L YONS COMMERCIAL SUBDIVISIONNO.2 (PLATBOOK 69, PAGE43, B.C.R.) SCALE: JOB NO: 1" = 80, 99-224L—WENDYS-15UE FB/PG: CAD. FILE: N/A C:\TDWGS\99-224 DRAWN BY: DATE: T.D. 3/27/01 CKD. BY: PROJ. FILE: D.M.G. 99-224 AVID & ERCHAR, INC. SURVEYORS AND MAPPERS 10750 Wiles Road Coral Springs, Florida 33076 (954) 340-4025 • Fax: (954) 255-0735 • _ _ r SKETCHAND DESCRIPTION Fog Development Inc. N. W. 57th STREET P. 0. C. (106' R/W) NORTHWEST CORNER OF R/W LINE OF LOT 6, L YONS COMMERCIAL juW1.r57thSTREET SUBDIKSION UNIT NO. 2 200.03' TOTAL J. 71 ' 100.00' 96.32' I NORTHWEST CORNER I OF LOT 5 0 0 �o I I r I v (u oo 1W 0= SU-eAM uM cr w o N op a LOT 6 I ar w A aJ � �- J Q (n Wui CL p `O I 3 I 3 w (q LOT 7o i LOT 4 ~ o Z I LOT 5 9 3 3 W I 3 fo I m� �O N� � 3 i o"� ��40.19 (gyp SEStE� P.QB. h ^N 9945' ZS 897850" W N 862056" P. D. B. POINT OF BEGINNING P. B. PLAT BOOK 15.00' W (� o`er° S 01VI'37" E 0.1079' 2 PG. PAGE B. C. R. BRDWARD COUNTY RECORDS N 897850 E I S 86 ?056` E CENTERLINE r 1.64' 98.39' 100.00' ----- N885906"W ---- ---- 200.03' (TOTAL) NORTH R/W LINE OF 8 N W 56th STREET N.W. 56th STREET/ BLVD. I (WEST COMMERCIAL BLVD.) WEST COMMERCIAL — SOUTH LINE SECTION 8-49-41 (R/W WIDTH VARIES) SHEET 2 OF 2 THIS IS NOT A SKETCH OF SURVEY REVISIONS DATE BY CKD FB/PG SCALE: JOB N0: AVID & 7 15- U.E. -LOTS S t" - 80, 99-224L-WENDYS-15UE FB/PG: N/A CAD. FILE: C:\TFOG\99-224 4 S AND 6 BLOCK 9 > > > ^ D ERCHAR, INC. L YONS COMMERCIAL SURVEYORS AND MAPPERS DRAWN BY: DATE: SUBDIVISIONNO.2 T.D. 3/27/01 10750 Wiles Road CKD. BY: PROD. FILE:99-224 (PLAT BOOK 69, PAGE 43, B.C. R) Florida D M.G. (954) 340�025gs, 54) 25560735 • EXHIBIT "C" I 0 ZONED B-J (BUSINESS) i = aTY OF SUNRISE .0 f }7 p e2Et;I 53aW, 'N'0 M,NM 'JHU� �..3a�,. •.�.. Tail fill, t i �� —�53OVA Np ...�. 53a1x 'H'p o 4 3x N.W. 56th STREET (WEST COMMERCIAL BLW.) gsiggx -------------- gsggg .. ! 22�9� ---- ------ ! Inoi o iAW" SnRIR..W qu aR 4g!g f85is^y�R":RC 15, !Ail I h AXI 91 f p i 3:. !° a �Ay i6i R 7R M a air.S C a2 a■ =R. •�a3.A} fit - it E<g a' g 6u IS ! F P Y p f Y mf Y 'Sm¢a0. ia#d Ey7'tr A Na 3p 11lgx All 49 2 ix FE�C a7��R g d3 P a Y+^• 3Y g i N1 XFFF B - ----------------- I^NzFln — N. W. 57th STREET 'H `y v I � ZCWED B-6 (BUSWESS DISTRICT) - 5L 12- AO WATER YAW— — — i 25 I+ a ` �. i Y WENDY8 6901 W. COMMERCIAL BLVD. TAMARAC, FLORIDA ZAMORA & ASSOCIATES, INC. ENGINEERING LAND PLANNIN Y410 N. KENDALL DRIVE SUITE 302 -A-. FLORIDA 33176 I30s1 za3-aeol FAX 13051 273-9514 f ° >- WENDY'S INTERNATIONAL PEMBROKE PINES, FL. V 3028 (95 IE 43B-647S SITE PLAN lk {Y � A • !UN'10 ti .I j i1t:,S''Nf. ) :) z Z Op C17v Oi Sun Rri:- m LLN v'— S3bYA h10 - _ ll SIbxIYM 'NUJ tli§ �.. __.. A1 ''(J _..._._ �...��..+�..�..-- SiNrN il:l -- __. __� S3bN1 1�0 I J.f S? COMMERC64L 81 Vj 7 I) V / \ T G �i1t1YV+lY. �.�.�-. iLW.Y'�.r.�v r.Sd1WVJ�.�.�..57WY �•.,' .-.�. \\ F A 1 !<iN/(J d-G (O(/:/A'!55 i1•S /N;i'/J � R����p 1�.�.� �. I 1MnaTKifGIpIANE nl pYar rr.on d am w .�\ VV811, 0N, FL 33414 wrYo d N0Y ����p ���c din M111NMY op ddd.r9i°nw'�d a eo�mX°Odws r diam.�iw. •dc �m�i wwasdrr�n��sm ndr GIaRMiil1�.IWNu k 6901 W. C0i 1101AL nvD. ZAMORA 1AMA91AC MORIDA WENOY S INTERNATIONAL & ASSOCIATES, INC. l41�,a . 2000 N W. IS0 AVENUE Sul (L u00 >� ENUDIe FN1N0 LAND PLANNING I PE MBR BROKE PINTS, Fl. 33028 19541 45R Fi97� ' .� it¢{ _... _ _... KLNUnii UNIVF SuIIL 302 M1AM1, FLORIDA 33116 I'13� LA14DOCAPE PLAN ,11 1302,3 /NO FAx 13051 273-9514 99